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Agenda 03-01-22The City of Boynton Beach City Commission Agenda Tuesday, March 1, 2022, 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Woodrow L. Hay (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. °a�1111rIN°„',mf www. boy nton- beach. org Page 1 of 1515 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: 1. Watch the meeting online, but not participate: Page 2 of 1515 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 Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 1515 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call I nvocation by Pastor Amalie Ash, First Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Justin Katz 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. Human Resources is announcing the City's annual participation in the Let's Move: Commit to Change Physical Activity Challenge from March 1st through March 31st. We encourage everyone to join our team: Boynton Beach Move Crew. Additional information about Let's Move is available at www.LetsMovePBC.org. B. Announcement recapping the Joe DiMaggio Children's Health Specialty Center Magic Wheels & Special Deals event by Stephanie Soplop. C. Presentation about the Boynton Beach City Library's Makerspace: Creative Edge Studio by Library Director Craig Clark, and Librarian Christina Graves. D. Proclamation recognizing March 22, 2022 as "All People's Day." Susan Berkowitz -Schwartz, Founder/President of All People's Day, Inc., will be online to accept the proclamation. E. Proclamation recognizing the 50th Anniversary of the Florida Association of City Clerks (FACC). Lanelda Gaskins, MMC, FACC SE District Director, will accept the proclamation. F. Proclaim the month of March as I rish American History Month. G. Proclaim the month of March as Florida Bicycle Month. Valerie Neilson with the Palm Beach Transportation Planning Agency will accept the proclamation. H. Proclamation recognizing the week of March 14-21, 2022 as Scholar Career Coaching, Inc. Program Awareness Week. Lynne Gassant, Executive Director of Scholar Career Coaching, Inc., will accept the proclamation. 1. Mayor Grant requested a public update from the City Attorney on the J KM lawsuit. J. The Community Meeting that was scheduled for March 3, 2022 regarding the December 26, 2021 accident has been cancelled at this time. 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. Appointment of eligible members of the community to serve in vacant positions on City advisory Page 4 of 1515 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. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for March 1, 2022 "Request for Extensions and/or Piggybacks." B. Accept the written report to the Commission for purchases over $10,000 for the month of January 2022. C. Proposed Resolution R22-034 - Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Common Grounds Boynton located at 1517 S Federal Highway, Boynton Beach, FL 33435. D. Proposed Resolution No. R22-035 - Approve ARPA Subrecipient Grant Agreement with Florida Atlantic University's Tech Runway to provide local Boynton Beach entrepreneurs and small business owners, who have experienced negative economic impact due to the COVID-19 pandemic, access to personalized training programs that will help individuals build a business or grow an existing business, for the total amount of $60,000.00. E. Proposed Resolution No. R22-036 - Approve ARPA Subrecipient Partnership Agreement with Citrus Cove Elementary School for purchases of equipment and materials for the S.T.E.A.M Exploration Lab, that can be utilized in grades Pre -School through Grade 5, in the amount of $15,500.00. F. Proposed Resolution No. R22-037 - Approve ARPA Subrecipient Partnership Agreement with Poinciana STEM Elementary School for the purchase of equipment and materials for a school Drum -Line and Color -Guard in the amount of $8,000.00. G. Proposed Resolution No. R22-038 - Approve ARPA Subrecipient Partnership Agreement with Page 5 of 1515 boards. B. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Boynton Beach Little League. C. Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to Scholar Career Coaching. D. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Art Synergy, I nc. E. Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to South Florida PBS. F. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to American Academy. G. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Alpert Jewish Family Service. H. Approve the request of Mayor Steven B. Grant to distribute $100.00 of his Community Support Funds to Community Greening. 1. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to the Boynton Beach Bulldogs Football team. J. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Boynton Strong. 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. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for March 1, 2022 "Request for Extensions and/or Piggybacks." B. Accept the written report to the Commission for purchases over $10,000 for the month of January 2022. C. Proposed Resolution R22-034 - Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Common Grounds Boynton located at 1517 S Federal Highway, Boynton Beach, FL 33435. D. Proposed Resolution No. R22-035 - Approve ARPA Subrecipient Grant Agreement with Florida Atlantic University's Tech Runway to provide local Boynton Beach entrepreneurs and small business owners, who have experienced negative economic impact due to the COVID-19 pandemic, access to personalized training programs that will help individuals build a business or grow an existing business, for the total amount of $60,000.00. E. Proposed Resolution No. R22-036 - Approve ARPA Subrecipient Partnership Agreement with Citrus Cove Elementary School for purchases of equipment and materials for the S.T.E.A.M Exploration Lab, that can be utilized in grades Pre -School through Grade 5, in the amount of $15,500.00. F. Proposed Resolution No. R22-037 - Approve ARPA Subrecipient Partnership Agreement with Poinciana STEM Elementary School for the purchase of equipment and materials for a school Drum -Line and Color -Guard in the amount of $8,000.00. G. Proposed Resolution No. R22-038 - Approve ARPA Subrecipient Partnership Agreement with Page 5 of 1515 Forest Park Elementary School to provide enrichment opportunities for Forest Park students in academics, physical, and emotional well-being through seven (7) separate programs for a total cost of $20,000.00. H. Proposed Resolution No. R22-039 - Approve ARPA Subrecipient Partnership Agreement with Freedom Shores Elementary School to purchase programmable robots and materials for a Robotics Club in Grades 3-5 in the amount of $8,000.00. I. Approve the purchase of a replacement Foley Accu Pro 633 reel grinder in the amount of $38,797.00 via South Florida's sole source provider Hector Turf. J . Legal Expenses - January 2022 - Information at the request of the City Commission. No action required. K. Approve an Amendment to Purchase Order 210290 with Globaltech, Inc. in the amount of $17,542.50 to update the East Water Treatment Plant Clearwell Four -Log Evaluation for a total Purchase Order amount of $77,416.50. L. Approve minutes from the February 15, 2022 City Commission meeting. 7. Consent Bids And Purchases Over $100,000 A. Award the purchase of Extreme Networks switches, licensing, and maintenance from STEPcg of Covington, KY in the amount of $147,471.97, utilizing the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS for the purchase of networking equipment for multiple City buildings. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. B. Approve an increase to the Sages Networks, Inc. agreement to include enterprise -wide licensing in order to provide for monthly functional support and unlimited staff licenses from $104,160 to $120,000 annually. C. Approve the issuance of a purchase order to Graybar Electrical Company of West Palm Beach, F L utilizing US Communities cooperative purchasing program contract #EV2370 for electrical/lighting supplies to upgrade and retrofit the existing street lights on Ocean Ave, in the amount of $143,096.39. US Communities contract satisfies the City's procurement requirements. D. Proposed Resolution No. R22-040 - Approve and authorize the City Manager to sign a contract with TLC Diversified, Inc. for the East Water Treatment Plant Fluoride Storage and Feed Improvements project, Bid No. UTL22-010 in the amount of $758,225 plus a 10% contingency of $75,822.50, for a total expenditure of $834,047.50, and approve the Utilities Capital Improvement Plan (CI P) budget adjustment of $427,000 for the proposed project. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 22-006 - Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off -Street Parking Requirements that address Medical Care or Testing (In-patient), Beverage Manufacturing, Micro -Brewery, Brewpub, Taproom Brewery, and Take Out Restaurant uses. Staff initiated. B. Proposed Ordinance No. 22-007 - Second Reading - Approving WXEL request for Future Land Use Map Amendment from Recreation (R) to Office Commercial (OC), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. Page 6 of 1515 Proposed Ordinance No. 22-008 - Second Reading - Approving WXEL request for Rezoning from Recreation (REC) to Office Professional (C-1), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. C. Proposed Ordinance No. 22-009 - Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 2, Article II, Section 2. Standard Applications to revise review criteria for future land use map amendments and rezonings. D. Approve request for a Height Exception (HTEX 22-001) for 1320 S. Federal Highway to allow tower elements and architectural features to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU -1 (Mixed Use -1) zoning district. Applicant: TY Eriks MJ Jackson Holdings, LLC. Tabled from the February 15, 2022 City Commission Meeting. E. Approve request for New Major Site Plan (NWSP 22-002) for the 1320 S. Federal Highway project to allow construction of a 10,898 square foot commercial structure and associated site improvements, on a 0.51 -acre parcel, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU -1) zoning district. Application Ty Eriks, MH Jackson Holdings, LLC. Approve request for Master Plan Modification (MPMD 22-004) for 1320 S. Federal Highway to amend the previously approved master plan to be consistent with the proposed revisions to the concurrent New Major Site Plan Application, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU -1) zoning district. Applicant: Ty Eriks, MH Jackson Holdings, LLC. Tabled from the February 15, 2022 City Commission Meeting. F. Approve request for Major Master Plan Modification (MPMD 22-002) for Broadstone Boynton Beach to amend the previously approved master plan with the proposed revisions to the concurrent Major Site Plan Modification Application, located at the northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street, in the Mixed -Use Core (MU -C) zoning district. Applicant: Steven Scaggs, DSS Properties L.C. Approve request for Major Site Plan Modification (MSPM 22-001) to amend the previously approved site plan with the proposed changes contained herein for the Broadstone Boynton Beach project to allow construction of a mixed-use development consisting of an eight (8) -story building with 274 dwelling units, 13,110 square feet of commercial space, associated recreational amenities, and parking on a 2.76 -acre site within the CRA Downtown District. Applicant: Steven Scaggs, DSS Properties L.C. G. Approve request for a Community Design Appeal (CDPA 22-001) of Chapter 4, Article III, Section 6.F.2.d "Integrated Garages", requiring habitable floor area to wrap all upper levels of the parking structure where the structure has street frontage, in order to disguise the garage's facade and maximize design compatibility of the Broadstone Boynton Beach project proposed for 212 S. Federal Highway. Applicant: Steven Scaggs, DSS Properties L.C. 9. City Manager's Report A. Hear a presentation on the Phase I - Economic Competitive Assessment prepared by Dr. Ned Murray, AICP, Associate Director, Jorge M. Perez Metropolitan Center, Florida International University. 10. Unfinished Business A. Review procedures for naming a City building (Fire Station 1) following recommendation from the Historic Resources Preservation Board. Page 7 of 1515 11. New Business - None 12. Legal A. Presentation of redistricting alternatives by Florida Atlantic University (FAU) and establishment of boundaries for inclusion in Ordinance. B. Proposed Resolution No. R22-041 - Approve and authorize the Mayor and City Manager to sign the Interlocal Agreement Governing Use of Palm Beach County Regional Opioid Settlement Funds. 13. Future Agenda Items A. School Board Member Erica Whitfield to present the 2021-2022 School Year State of Education Report to the City Commission. - March 15, 2022 B. Florida Senator Lori Berman to provide a recap of the 2022 Legislative Session. - March 15, 2022 C. Development staff will provide the City Commission an update on the SagesGov E -Permitting project implementation. - March 15, 2022 D. Announce awards received for Town Square facilities - March 15, 2022 E. Consider Draft Ordinance Creating a Citizen's Engagement Committee - March 15, 2022 F. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD G. Proposed Ordinance No. 21-025 First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD H. Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) I. Discuss the next steps for implementation of City Ordinance No. 21-012 prohibiting the use and distribution of polystyrene foam ("Styrofoam") food ware, unencapsulated polystyrene foam products, balloons, and confetti on City property. - TBD J. Possible Land Swap with St. Mark's Catholic Church - TBD 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (ES. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerks office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication of the agenda on the city's web site. Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 8 of 1515 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Amalie Ash, First Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Justin Katz Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 1.A. Opening Items 3/11/2022 Page 9 of 1515 Requested Action by Commission: Informational items by the Members of the City Commission. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 2.A. Other 3/11/2022 Page 10 of 1515 Requested Action by Commission: Human Resources is announcing the City's annual participation in the Let's Move: Commit to Change Physical Activity Challenge from March 1st through March 31st. We encourage everyone to join our team: Boynton Beach Move Crew. Additional information about Let's Move is available at www. LetsMovePBC.org. 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 11 of 1515 Requested Action by Commission: Announcement recapping the Joe DiMaggio Children's Health Specialty Center Magic Wheels & Special Deals event by Stephanie Soplop. Explanation of Request: Joe DiMaggio Children's Health Specialty Center sponsored this event in partnership with the City of Boynton Beach. We also want to recognize the builders of the Magic Wheels, Chariots of Love and Little Wolf Carpentry, LLC. The event was also supported by Greater Boynton Beach Foundation and the Broward, Palm Beaches and St. Lucie Realtors. 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 ttaclhtirTIENI'lt Description C:lowe,irPoiirnt IFlirE)SE)ir tatioin Page 12 of 1515 Page 13 of 1515 Page 14 of 1515 Page 15 of 1515 3.C. Announcements, Community and Special Events and Presentations 3/11/2022 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Presentation about the Boynton Beach City Library's Makerspace: Creative Edge Studio by Library Director Craig Clark, and Librarian Christina Graves. Explanation of Request: Craig Clark and Christina Graves will be presenting information about the Creative Edge Studio per the request of Commissioner Christina Romelus. How will this affect city programs or services? To inform the public of the resources available in the Creative Edge Studio. Fiscal Impact: None Alternatives: Do not make presentation. Strategic Plan: High Performing Organization Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type ttach irTIEN11t Description 1.....lilbi airy IalkE)rspa CE): Cir'Esa Live, IEdgE) w: kjidlio Page 16 of 1515 0 rr✓foio Bead� City rr arrrtr� ��iirr /�aori�� mrr �rj r% Creative ve Ed///. Stud`M r,Make% rrI„iace ua "'<i C a a Ik , M IIS ( N 11 Oyu Asir <<ar,� Page 17 of 1515 of Creat"'We Equip"'r ent oj�, Glowforge Plus: laser cutter and oj�, iMac engraver oj�, Canon Wide Format Art oj�, Dremel 3D45: 3D Printer oj�, Wacom Artist Tablet oj�, EinScan: 3D Scanner oj�, Canon Mirrorless Came oj, Sawgrass SG1000: Sublimation Printer oj, Cricut Cutting Machines oj, Cricut Heat Presses Each user must sign a liability waiver and attend a training session on how to use the equipment. Janome Memory Craft Sewing and Embroider� Brother Pacesetter 501 Mzchine �j§ 0 ffi AlhwK, Page 18 of 1515 ULOWTorge FLUS - Laser ULOWTorge Frojects 20 of 1515 1) ["r-firner for evatuation: Fite must be in stt format, prints cost .10 cents per gram, timited to 4 hour print time. Page 21 of 1515 �;o Scan an object to create a 3-Dimensionat image fit(! 01/1 A process of transferring images to a variety of materials using a carrier material. The image is printed using special ink and special paper, that paper is then placed on the material and a heat press is used to transfer the ink/image into the object. Clothing: Polyester material and tight colors, 100% polyester will have the best result. C U'[ Electronic cutting machine that can cut numerous different designs M Vinyl: Iron -on, permanent stick, removable, window -cling, etc. 9 MS om m • 91 fret wil a s;ud I 111 0 'VV Format G"�cle'e Art Pr"�nter 12 Ink Tanks High quatity prints Available Paper: Water Resistant Matte Ba Satin Canvas Fine Art Bright White Fine Art Natural ' Satin Photo Paper Matte Coated Paper Economy Bond Paper Connected to the iMac Page 27 of 1515 Art'i5t ' 11 ,et - W Connected to iMac �jo,- Screen mirroring device PresSUre sewsitive Dew M NsTa", F. r, Ma I TNI on wo TOM w; i non EOS I - "u1 rr e v � IoAery Madme Embroidery is pr in '.JEF' format by patron. Machine embroidery, ca embroider onto a variet of fabrics. Experience required for making patches and applique. Page 30 of 1515 brather Pacesetb�,.,,. Monthty Sewing C[asses for beginners. M 7 sty[es of one-step- buttonhotes Automatic Thread Cutter e-inted I� ,,,,tual Magic Leap Oculus Quest 2 Page 32 of 1515 r e a, t v e tf Jg': e t o t a, t II,'t II C S oo, From the original beta test group, 2 users still frequent the Studio. oo, 1 user started an Etsy page by utilizing Studic equipment. oo, 7 small business owners have accessed the Stud to use the various equipment. Page 33 of 1515 A Garded , 93,084 rant for Entrepreneur", Career Advancement and Brianna Tabil, Public Technology Trainer, Temporary Full-time thru 9/30/22 24 laptops with Mobile Charging Cart Smartboard (subject to State Et Federal Approval) HP Printer MOTEra"WITM9 =01 Adobe Photoshop Elements QuickBooks for Small Business Smartsheets Project Management Basic Computer Literacy Resume' Classes Page 34 of 1515 Creal', e L, d iio U s e r s MS, i Jacksor-iiF 0-rif eUr Page 35 of 1515 dge Stud"'O Orea L 10 �II q c For more information and to make a one-on-one appointment: Email: Phone: 561-742-6389 Page 36 of 1515 Requested Action by Commission: Proclamation recognizing March 22, 2022 as "All People's Day." Susan Berkowitz -Schwartz, Founder/President of All People's Day, Inc., will be online to accept the proclamation. Explanation of Request: All People's Day is a multicultural and issue based holiday and All People's Day, Inc. is a 501 c3 nonprofit public charity that helps children, adults, and seniors see and embrace the beauty of their diversity through the arts and bring about awareness of the unique attributes in others leading to mutual respect. This year's thirteenth annual free All People's Day Diversity Festival will be held on Saturday, March 19th at Pompey Park in Delray Beach. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description FlirtaaJa irna bola Flirta:Ja irnatioin Al IPEX)�PllE)' > IDay Page 37 of 1515 proel C -AM at ion WHEREAS, very soon European Americans will no longer constitute the majority of the United States population and people from different cultures in Boynton Beach and all over the US will be interacting with one another more often than ever before; and the facets to a communal nature of the community are awareness, understanding, and acceptance and,- WHEREAS, nd;WHEREAS, in 1973 Susan Berkowitz -Schwartz MPS, ATR -BC, established All People's Day®, a multicultural and issue -based holiday which is presently a 5016 nonprofit public charity that helps children, adults, and seniors see and embrace the beauty of their diversity through the arts and bring about awareness of the unique attributes in others leading to mutual respect; and,- WHEREAS, nd;WHEREAS, the theme of All People's Day® is "Discovering our Connections" because throughout the world, and even in our own nation and schools, there have been tragic incidents against people who are different. All People's Day® addresses this by giving people of all ages and walks of life fun and creative ways to explore positive connections by means of educational programs, craft kits and festivals that teach about diversity and,- WHEREAS nd;WHEREAS this year's thirteenth annual FREE All People's Day Diversity Festival will be held on Saturday, March 19th at Pompey Park in Delray Beach, and,- WHEREAS, nd;WHEREAS, the City of Boynton Beach urges all citizens to appreciate the universal qualities at our core and the differences that help make us individuals. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim March 22n1Two Thousand and Twenty -Two as: -J11 P�zopl�_,',s Vag IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the Ist day of March, Two Thousand and Twenty -Two. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC, City Clerk 3.E. Requested Action by Commission: Proclamation recognizing the 50th Anniversary of the Florida Association of City Clerks (FACC). Lanelda Gaskins, MMC, FACC SE District Director, will accept the proclamation. Explanation of Request: The Office of the Municipal Clerk is a time-honored and vital part of local government; and is one of the oldest among public servants. The Office of the Municipal Clerk provides a professional and essential link between the citizens, the local governing bodies and intergovernmental agencies at the local, state and federal levels along with other essential services. The Florida Association of City Clerks (FACC) is the professional membership organization for Florida's municipal clerks and others who work within the clerk's office. FACC is a primary source for the educational programs, seminars, workshops and webinars for educating Florida's municipal clerks and those who serve in the clerk's office FACC celebrates its 50th anniversary in 2022, and a golden anniversary is a momentous occasion worthy of commendation. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Do not recognize FACC's 50th Anniversary. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 39 of 1515 Type Flirocbirnatioin Description Flitoclla irnaboin Page 40 of 1515 pro e I CGAM Cation WHEREAS, the Office of the Municipal Clerk is a time-honored and vital part of local government; and is one of the oldest among public servants. The Office of the Municipal Clerk provides a professional and essential link betvFeen the citizens, the local governing bodies and intergovernmental agencies at the local, state and federal levels along vrith other essential services; and WHEREAS, the Florida Association of City Clerks (FACC) is the professional membership organization for Florida's municipal clerks and others who work within the clerk's office; and WHEREAS, FACC began in 1972 vrhen its founder, the late Robert N. Clark, CMC, City Clerk of Sunrise, save the need for an organization to bring together like-minded people to unite the voice of all municipal clerks, to share ideas and to assist one another in the vrork of municipal government; and WHEREAS, FACC celebrates its 50th anniversary in 2022, and a golden anniversary is a momentous occasion worthy of commendation and Florida's cities, tovrns and villages v,, -ill all join in observation of this celebratory event; and WHEREAS, municipal clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in educational programs, seminars, vrorkshops and the annual meetings of their state, provincial, county and international professional organizations; and WHEREAS, FACC is a primary source for the educational programs, seminars, vrorkshops and vrebinars for educating Florida's municipal clerks and those who serve in the clerk's office, and municipal clerks look to FACC to provide the training needed to obtain their Certified Municipal Clerk (CMC) and Master Municipal Clerk (MMC) certifications. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby celebrate the 50th anniversary of the Florida Association of City Clerks and commend FACC for 50 years of excellent service provided to the municipal clerks in the State of Florida. 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 1st day of March Tvro Thousand Tvrenty-Tvro. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk 3. F. Announcements, Community and Special Events and Presentations 3/11/2022 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Proclaim the month of March as Irish American History Month. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Flir taaJa irna bola Description I ir'iish irTIE)r'iicair: Il lIE)r'iita gE) I oir:tlh Page 42 of 1515 proclamation WHEREAS, by 1776 nearly 300,000 Irish nationals had emigrated to the American colonies and played a crucial role in America's War for Independence. Five signers of the Declaration of Independence were of Irish descent and three signers were Irish born. Irish Americans helped to fashion a system of government for our young Nation. Twenty-two Presidents have proudly proclaimed their Irish American heritage; and WHEREAS, in 1792 Irish born James Hoban provided the architectural plans for the White House and served as one of the supeivising architects for the construction of the Capitol; and WHEREAS, Irish-born Commodore John Barry was recognized by the United States Congress inSeptember of 2002 as the "First Flag Officer of the United States Navy". Commodore John Barry fought the last sea battle of the American Revolution off the coastof Florida; and WHEREAS, in 1813, Captain Oliver Perry, An Irish American, achieved a major naval �dctory in the Battle of Lake Erie. In 1942, the 5 Sullivan brothers made the ultimate sacrifice for democracy and freedom during the Naval Battle of Guadalcanal and laterhad the Destroyer USS Sullivan commissioned intheirmemory; and WHEREAS, the Irish first came to Spanish La Florida" in the 1500s - first as missionaries andmercenary soldiers and then as planters, traders, businessmen, doctors, and administrators. Three of the Spanish Governors of La Florida" were Irish military officers; and WHEREAS, Fr. Richard Arthur, an Irish-born priest from Limerick who was appointed parish priest forSt. Augustine in 1597 and ecclesiastical judge of La Florida, " established the first public school in America and opened it to both boys and girls of all races; and WHEREAS, Andrew Jackson, whose family came from County Antrim, served as Florida's militarygovernor following its acquisition by the United States; and WHEREAS, Irish Americans, since America's inception, have provided and continue to provide leadership and service to this nation's political, business and religious establishments. It is fitting and proper to celebrate the rich cultural heritage and the many valu able contributions of Irish Americans NOW, THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of March, Two Thousand and Twenty -Two as: Iri6h-9m�_,rlcan M_,rlta8�_, Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the first day of March, Two Thousand and Twenty -Two. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Requested Action by Commission: Proclaim the month of March as Florida Bicycle Month. Valerie Neilson with the Palm Beach Transportation Planning Agency will accept the proclamation. Explanation of Request: The recognition of Florida Bicycle Month will raise awareness of bicycling and ultimately promote physical activity and healthy lifestyles by elevating bicycling as a more widely accepted choice of transportation. The Palm Beach Transportation Planning Agency plans and recommends projects to make bicycling more accessible and promotes comprehensive community education efforts aimed at improving bicycle safety through the BikePalmBeach.org website. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description FlirtaaJa irna bola FlirtaaJa irna bola Il::::loir'iida IBliCyaJE) li ointh Page 44 of 1515 pro e I CGAM Cation WHEREAS, City of Boynton Beach residents and visitors engage in bicycling as a viable and environmentally sound form of transportation and an excellent form of physical activity and recreation; and WHEREAS, the City of Boynton Beach is committed to improving the accessibility, connectivity, and safety of non - motorized transportation throughout the City; and WHEREAS, the State of Florida officially recognizes March as Bicycle Month; and WHEREAS, Florida Bicycle Month features a number of fitness opportunities and events for riders of all ages to enjoy throughout the month at various parks and locations throughout Palm Beach County; and WHEREAS, the recognition of Florida Bicycle Month will raise awareness of bicycling and ultimately promote physical activity and healthy lifestyles by elevating bicycling as a more vddely accepted choice of transportation; WHEREAS, the Palm Beach Transportation Planning Agency plans and recommends projects to make bicycling more accessible and promotes comprehensive community education efforts aimed at improving bicycle safety through the BikePalmBeach.org website; and WHEREAS, through these efforts, Palm Beach County now has over 255 miles of designated bicycle facilities, vTith more than 600 miles of additional bicycle facilities planned and vTill continue to promote a connected network of improved bicycle level of service; NOW, THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, do hereby proclaim the month of March Two Thousand and Twenty -Tyro as: Florida lbieye1Q Month IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 1st day of March, Two Thousand and Twenty -Two. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Requested Action by Commission: Proclamation recognizing the week of March 14-21, 2022 as Scholar Career Coaching, Inc. Program Awareness Week. Lynne Gassant, Executive Director of Scholar Career Coaching, Inc., will accept the proclamation. Explanation of Request: Scholar Career Coaching, Inc., affords an opportunity to further the higher educational and workforce readiness of at -risk youth in our community and empower them with hands-on mentors, coaching and tutoring to re -imagine their lives personally, socially and academically with an optimistic mindset for their future. In addition to supporting the at -risk youth of Boynton Beach and surrounding areas through the enriching programs and mentoring, they provide economic means through college scholarship opportunities. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Do not recognize the week of March 14-21, 2022 as Scholar Career Coaching, Inc. Program Awareness Week. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type FlirtaaJa irna bola Description FlittaaJa irna bola Page 46 of 1515 proclamation WHEREAS, Scholar Career Coaching, Inc., affords an opportunity to further the higher educational and workforce readiness of at -risk youth in our community and empower them with hands-on mentors, coaching and tutoring to re -imagine their lives personally, socially and academically with an optimistic mindset for their future; and WHEREAS, such support benefits both the gracious volunteers and the high need, high potential youth as they make strides for a better future; and WHEREAS, we recognize and acclaim the work of Lynne W. Gassant who thru her own experience of positive mentorship knew she has to share this gift with others facing similar circumstances and her overwhelming desire to make the world a better place for all; and WHEREAS, Scholar Career Coaching, Inc., in addition to supporting the at -risk youth of Boynton Beach and surrounding areas through the enriching programs and mentoring, they provide economic means through college scholarship opportunities; and WHEREAS, in the pursuit of a better future for all, let us use this commemoration of Scholar Career Coaching, Inc., to serve as a vehicle that is meeting the needs for more meaningful programs and shared commitments to actions that uplift and empower all. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do recognize the week of March 14-21 Two Thousand Twenty -Two as: SCHOLAR CAREER COACHING, INC. PROGRAM AWARENESS WEEK and I urge residents to join together in this period of community support for our next generation. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the lst day of March, Two Thousand Twenty -Two. Steven B. Grant, Mayor ATTEST: Crystal Gibson City Clerk 3.1. Announcements, Community and Special Events and Presentations 3/11/2022 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Mayor Grant requested a public update from the City Attorney on the J KM lawsuit. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ddEsir:dUlirn Description FlroP irty II.....listiir g Page 48 of 1515 Page 49 of 1515 Page 50 of 1515 KEY INVESTMENT HIGHLIGHTS ,1AI,11'.: fN II1 Iii V!h OP14 1WI OPPO,1I UNI '"Vf^WC NIRA.. ^A[ 14 1I ldFACIH COUN I Y • Fully eht l tl ed, s8SS acre mixed-use development sites located east of 1-95 In Boynton Beach • nstltm onal scale, mixed-use zoning allows for esidentiol, assisted/retirement living, hotel and retail/ office uses with approval for 750 apartment units • The sites arepart of the Town Square - Boynton Beach re -development project totaling 16S -acres and $80 nof city buildings, parks, and civil infrastructure that Is completed and In place. Completed portions of the Town Square include. • Renovated Historic New Amphitheater High School ($11 mill 1°n New Kapok Park vat ion) - open & f_ti "ng a s Cy New Kid's Kingdom Comm—lty Center Playground • Existing Historic New Promenade Park Children's Museum New Central Energy Plant • City Hall and Library- .New Flre Station open and functioning • New City Commons Park New Po11ce Station • Sharedstructured parking garages will be required with 1,275 residential spaces plus an additional 46S city required parking spaces • Views of 'mtracoastal waterway and Atlantic Ocean WAi.I.. & 11,111...1....1 01: 1 OFIOU'I"if • #1 county for both population and Income growth In the State of Florida • 70,000 high-income earners left NV City in 2020, taking $36 bi111on with them and Palm Beach County Is now ranked as the top migration location In Florida • Palm Beach County, FL welcomed 11,000 people during 2020 with o new net Income gain of $3.4 bill— Relocation of 10+ financial industry giants Including, Goldman Sachs, Colony Capital, New Day USA, Elliot Management, Pol nt72 Asset Management, Wealthsplre Advisors, Virtu Flnanclal, Exodus Point and more that plan to create thousands of high -paying jobs ^III IWOIN III:I"WA1 I OCAI"f ON AND I,1I:01ONA1 ACCT 661IIP11 I"V • Located at the corner of Boynton Beach Blvd (50,000 VPD), SE 1st Avenue and Sea crest Blvd (16,000 VPD) near Downtown Boynton Beach • Five blocks from the Intracoastal waterway • One mile from public beach access at Oceanfront Park • Over 3.8M SF of retell space within a 2 -Mlle radius of the property including retailers such as Super Target (Including grocery), Best Buy, Michaels, Red Lobster, Dick's Sporting Goods, Bed Bath & Beyond, Pubx, Pets—rt, Total Wl"' T'rrort, Kohl's, numerous mbt--ts, and much more • One-half mile east of 1-9S (300,000 VPD) - Providesa direct link to Delray Beach, Boca Raton and West Palm Beach • S minutes north of Delray Beach and Atlantic Avenue, which Is known for an excellent combination of antique shops, clothing boutiques, art galleries, upscale mbtauants and nightlife entertainment venues • 1S minutes from Palm Beach International Fairport • 20 minutes from West Palm Beach (88,000+ jobs & iS.2M SF office space) and Clematis Street, the historical heart of downtown West Palm Beach and all Its dining and entertainment venues • 20 minutes from Boca Raton (122,000+ jobs & i8.SM SF office space) I OP 14:1,11: 01,114ING, AFAR II 141:1N IIMAI',1141'. I WI I if COI d 111IUIY'.:1 t I UI d1 fA141V:1^d'I'Al..S • 96.3%average occupancy In the Boynton Beach/Delay Beach submarket for 1O2021 (Fix iometrics) • 75% projected annual effective rent growth In the submarket for 2022-2025 (A—metrics) • 7S7 market rate units were delivered In the Boynton Beach submarket since 2018 • Only 421 market rate units are currently under construction Page 51 of 1515 IIIIR0VII C� II)II SCIIPII III .�II0114 130 E Boynton Beach Blvd 1121 SE 1st Ave, Pt'oposed Use Llving, Hotel and Retal /Office Uses) n addition to the parking for the plannod development, the Required Parking city has --—d that the devoloper scot aside an additional 101 parking spaces on the North/Central stes and 364 parking spaces on the South site for public use """""""•"" North: 08-43-45-28-48-002-0010, 08-43-45-28-48-002-0030 Cenirei: 08-43-45-28-48-003-0030 Sou1th: 08-43-45-28-48-007-0020 IIl IIPC illosII II) UU"II.::: II HARM I BPJI HUI III 1 ' Y —king Spaces 866-1 Units 300 Mazimum Building Height M.) South: 80 Parking Spates 874 Total Page 52 of 1515 II"II1i C]II"'OS II.:: II) UU"II.:: 2 NI PILI 1 P II JLCM / IUILY I HD H e DI I, 1 IIA/I , C U Cl l M, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�III �ilI I Parking Spaces 1,033 Total Units 202 Mazimum Building South: 80 Height M.) Parking Spaces 707 Total z Q a CY w c� Q a Page 53 of 1515 LcccHo:Ao Ac HT COMMEPCIAL PAx O oA ®—G—d Foo. l 01 ., On s. z CY III n z III CY U 0 CY r) Page 54 of 1515 WE w_ c� w a Page 55 of 1515 WE Page 56 of 1515 WE Page 57 of 1515 WE Page 58 of 1515 RENT COMPARABLES SUMMARY 500 ocean 2018 541 954 $2720 $2.91 98% One Boynton 2009 494 1151 $2,898 $2.52 96% Seal-ofts at Boynton Village 2020 455 1,007 $2,46S $2,4S 99% The District at Boynton 2017 350 1,023 $2 554 $2 50 96% u Pacifica 2019 324 973 $2,589 $2.66 97% 0 Caspian Delray Beach 2017 146 1,111 $3,588 $3.23 99% Sole at City Center 2018 315 819 $3,500 $4.27 96% COMPS AVERAGE (gveiageomepancy ienect., 2017 343 1,006 $2,824 $2.81 97% —blh-d p.ope�oes Dory) Page 59 of 1515 RENT COMPARABLES MAP E .. S I f i t � llllllilllllllllllllllliiiiiilllllllllllllllllll f 500 OCEAN 1015 EDERAL HlUHWAIS BUYh. I)NBEACH ILS543Ei Co��d��fi°Pool„e= me�,ame�,t,e= IIIIIIIIIIIIIIPim�� 11111111111116��IIIIIIIIIIIIIIIR�Pi�'i��°� IIIIIIIIIIIIIIV°ii�� IIIIIIIIIIIIIII��"�� IIIIIIIIII��°�� '1/1 52,31 53.19 'I/i 52430 5290 212 529 5 53.02 212 53,- 5233 212 M 1 19, 53,- 52 4 3,25206 52 341 — o — s, 30.9 ,, s,9, Page 60 of 1515 ONE BOYNTON l4il S I EDERAL HlUHWAIS BUYN UN BEACH I LS543Ei IIIIIIIIIIIIIIP'%m� IIIIIIIIIIIIIIIP��NNP�I6IIIIIIIIIIIIIIIR�Pi�'i��°� IIIIIIIIIIIIIIV°ii�� IIIIIIIIIIIIIIP�� IIIIIIIIII��'��'�� 'I/i 52459 53.12 'I/i 163 331, 89, 52530 5290 'I/i 21 1 032 5'I X26 51.6 22 26 1 103 53,331 53.02 22 21 41, 1 163 53,6fA 53.35 212 11 21, 1 222 5370.9 53.10 2253 122 21 A, 05F1 5249 22 53565 53.00 22 21, 1 432 52606 51.62 22 53,22) 5225 22 53,616 5256 312 24 1 249 525D 5216 312 52955 5216 312 2 Ill 52555 - 32521 529. 51.99 3,3 53,145 51.66 n9a 1oa ,,5, s2,— s2 - SEALOFTS AT BOYNTON VILLAGE 1,00 SEf1LOI .SDR, BOYN UN BEACH, I L33426 IIIIIIIIIIIIIIP%m� IIIIIIIIIIIII6��'IIIIIIIIIIIIIP�W��i��i'�°� IIIIIIIIIIIIIIV°ii�� IIIIIIIIIIIIIII��°�� IIIIIIIIII��°�� „ ��s15 5266 'I/i 52095 5265 'I/i 52015 5241 'I/i 52'150 5244 'I/i 52065 5225 212 52610 5264 22 52615 5241 625 56,615 5226 625 56,666 5224 10U1 1,007 93.466 93.45 Page 61 of 1515 THE DISTRICT AT BOYNTON 1000 AUDA Ef1VC BOYN UN BEACH, I L33426 6� : Egg ffUEs,=e Wd,W, 24 -h -f— —t, : wood1Nefoo, EE,,,gh,,, , o IIIIIIIIIIIIIIPim�� IIIIIIIIIIIIIIIP��NNP�I6IIIIIIIIIIIIIIIR��i�'i��°� IIIIIIIIIIIIIIV°ii�� IIIIIIIIIIIIIIP�� IIIIIIIIII��'��'�� 'I/i 52160 5213 'I/i 5230- 212 0 5225212 52195 5252 212 5215ll 5226 52 52990 5229 oa 92,- Page 2, 93.56 PAC I F I CA 11 OO AUDA Ef1VE, BOYh. Oh. BEACH, I L33426 aozzut IIIIIIIIIIIIIIP%m� IIIIIIIIIIIII6��'IIIIIIIIIIIIIP�W��i��i'�°� IIIIIIIIIIIIIIV°ii�� IIIIIIIIIIIIIII��°�� IIIIIIIIII��°�� '1/1 52,300 'I/i 52410 5239 22 52— 5261 22 41 141, 1116 52690 5241 22 52535 5235 312 30 91, 1 200 52900 5242 312 30 91, 1 293 53,105 5246 Page 62 of 1515 CASPIAN DELRAY BEACH 190 SEE H AVE, DELPAY BEACH, EL 33483 SOLE AT CITY CENTER 499 EVERhl1 VVE51 PALM BEACH F L 33401 IIIIIIIIIIIIIIP%m� IIIIIIIIIIIIIP�P�iNIiP�Pi�'IIIIIIIIIIIIIPIWI�i��i'�°� IIIIIIIIIIIIIIV°ii�� IIIIIIIIIIIIIIPI��I�I�I IIIIIIIIIII��I��L. SILICIIO/l 52941 55.'15 SILIC110/1 52941 54.54 SILIC110/1 52611 S- Ill 1 11 611 Vpppppp ppry@@.50' ppppppryrya@ III pppS3 Sas1 S II IIIIIIIIIIII (IIII111111IIIIIIIIIIII IIIIIII IIIIIII IIIIIIIIIIII IIIIIII Ill z 53, 010 Sa.'In 127 Sa 1162 Sa23 tmentAmenrcies 'Ill 3T, Al 53,'162 S4.13 oio 'Ill 535'IJ 54.3 'Ill 3T, 822 53 53) 54.55 Dice yin-.ic or c° 'Ill 6 2T, 964 53- 53.55 i cicn ,ons, oiplon,l�nM1 Li�nnc 21 69 22 T, I oll S44. 54.23 1,c F- .. Fr L �i, 21 54,622 54.26 -1 819 43,500 44.27 Page 63 of 1515 UNIT MIX RENT COMPARISON Sole at City Center $2,714 Sole at City Center $4.57 Average $2,657 Average $4.11 Caspain Delray Beach $2,601 Caspain Delray Beach $3.66 ml��ll "�� V au ,,y�uupp hII�$IW"I I'll�uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuugyl Caspain Delray Beach $3,259 Caspain Delray Beach $4.30 Sole at City Center $3,174 Sole at City Center $4.25 Average $2,568 Average $3.23 One Boynton $2,466 5000...1, $3.12 The District at Boynton $2,399 Pacifica $2.97 5000...1, $2,382 The District at Boynton $2.95 Pacifica $2,361 One Boynton $2.74 Sea Lofts at Boynton Village $1,935 Sea Lofts at Boynton VIHl ge $231 1Ri�li�ii�pl�iu11u�i1�I1i11 w=IP�1 I�I��IIII VP I, 1Ip i1�i�iii1h1111�1$IlWiiiluuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu�uuuugyl Sole at Cty CeI $4,209 Sole at Cty CeI $3.9 6 C -'n Delray Beach p. $3,871 C -'n Delray Beach p. $3.00 One Boyitoi $3,224 5000...1, $2.91 Average $3,165 Average $2.78 5000.... $3,058 One Boynton $2.62 Pacifica $2,742 Pacifica $2.45 Sea Lofts at Boynton Village $2,630 Sea Lofts at Boynton Village $237 The District at Boynton $2,419 The District at Boynton $213 I'Ii1�11,1�upIIIIIIII�IIli1 1 Iu s ISI ISI � � IIII PPI, lllljllllllill�llllylliluuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu�u�uuuu W Sea Lofts at Boynton Vill.g. $3,622 The District at Boynton $242 The District at Boynton $3,155 Pacifica $2.41 Average $3,116 Average $2.21 One Boynton $3,111 Sea Lofts at Boynton Village $2.15 Pacca ifi $3,003 5000...1, $2.06 5000...1, $2,689 One Boynton $2.02 APARTMENT COMPARABLES APARTMENT COMPARABLES SELLER LeCesse SELLER Rang—t- SELLER Morgan Properties SELLER RAM SELLER M --w Instltutlonal SELLER RAM BUYER A—t BUYER Blackstone BUYER Shldler BUYER Nuveen BUYER TA Realty BUYER Frvalon Bay Com un hies SALE DATE Jun -21 SALE DATE Sep -21 SALE DATE Nov -21 SALE DATE Dec -2021 SALE DATE Oct -21 SALE DATE Oct -21 SALE PRICE $100,000,000 SALE PRICE $171,000,000 SALE PRICE $153,000,000 SALE PRICE $125,850,000 SALE PRICE $82,750,000 SALE PRICE $117,825,000 PRICE / UNIT $293,255 PRICE / UNIT $346,154 PRICE / UNIT $353,349 PRICE / UNIT $359,571 PRICE / UNIT $481,105 PRICE / UNIT $484,877 PRICE / SF $314 PRICE / SF $301 PRICE / SF $351 PRICE / SF $355 PRICE / SF $528 PRICE / SF $473 YEAR BUILT 2018 YEAR BUILT 2009 YEAR BUILT 2021 YEAR BUILT 2017 YEAR BUILT 2015 YEAR BUILT 2020 # OF UNITS 341 # OF UNITS 494 # OF UNITS 433 # OF UNITS 350 # OF UNITS 172 # OF UNITS 243 AVG. UNIT S12E 934 AVG. UNIT S12E 1,151 AVG. UNIT S12E 1,007 AVG. UNIT S12E 1,012 AVG. UNIT S12E 912 AVG. UNIT S12E 1,026 Page 64 of 1515 LAND COMPARABLES LAND COMPARABLES SELLER K—c, Communiti es & Wexford Cap ltal SELLER Tuttle Land Investments SELLER First Baptist Church of West Palm Beach SELLER BUYER Related Group BUYER FC I Residential BUYER Alliance Residential Co. & The Carlyle Group BUYER SALE DATE Jan -20 SALE DATE Jun -21 SALE DATE Jan -21 SALE DATE SALE PRICE $16,480,000 SALE PRICE $14,400,000 SALE PRICE $11,480,000 SALE PRICE PRICE / UNIT $45,778 PRICE / UNIT $45,141 PRICE / UNIT $41,000 PRICE / UNIT PRICE / ACRE $915,556 PRICE / ACRE $480,000 PRICE / ACRE $372,727 PRICE / ACRE # OF UNITS 360 # OF UNITS 319 # OF UNITS 280 # OF UNITS ACRES 18.0 ACRES 30.0 ACRES 30.8 ACRES Page 65 of 1515 TRG Boca Congress SELLER Triassic Residential Group BUYER Jul -21 SALE DATE $12,880,000 SALE PRICE $40,000 PRICE / UNIT $3,389,474 PRICE / ACRE 322 # OF UNITS 3.8 ACRE City of Boyton Beach SELLER Affiliated Development BUYER U/C SALE DATE $7,900,000 SALE PRICE $33,475 PRICE UNIT $1,755,556 PRICE / ACRE 236 # OF UNITS 4.5 ACRES Washington Real estate Partners Hyperion Development Jan -22 $12,000,000 $33,520 $3,448,276 358 3.5 PALM BEACH COUNTY MARKET OVERVIEW Page 66 of 1515 78,726 27,08, � z;» —2021 1111.5% MAJOR FIRMS RELOCATING % RE LO CAT' MS ING/EXPANDING PEO IES WHERE TOP CI PGE ARE IN PALM BEACH COUNTY MOVING FROM m umoi mo #1 NEW YORK CITY r � Q7o➢aanmrC;,yitai #2 " WASHINGTON D C. Ni 4V— — — ukW , , #3 ATLANTA Page 67 of 1515 VIRTU wEaprwIgPiRE FINANCIAL "TH E Palm Beach Count ocat. of10 Yu fi—shave flocked 70'000 highIncome Palm Beach Cooi MAJOR EMPLOYMENT CENTERS 6.8M 73K+ 8,600+/- $F OFFICE MPUIYEES BUSINESSES SPACE Several Class A antl B office buildings re located pst south of the Property along Woolbright Road - Woolbright Corporate I, Woolbright Corporate 11, Woolbright Protessional Building antl Quantum Corporate Park loc-dpst 5 nutes north is a 600 -acre multi -use business park that houses Pubb Distribution Center, Allstate, Canada Dry antl others. Major Employers • Bethesda Memorial Hospital Yurcor HQ • BAMCO Constmction, Inc. • Meis— El—ic, Inc. • Hardn—,Inc. 11,250+15.2M 88K+ 8,800+/- BUSINESSEs I SFOFFICE MPILOYEEs BUSINE—S SPACE Park at Broken Sountl - 850 acres, state - of the -art research and manufacturing hub. Boca Raton Innovation Campus - 1.7M SF ofClass A technological space on 532 acres with 1.5 miles of frontage on 1-95. Office Depot - global hesdquarters with more than 2,000 employees. Major Employers • Boca Raton Regional Hospital FAU • Office Depot • Boca Raton Resort& Club NCCI HQ • U.S. Sugar Corporation • Cheney Brothers •ADT •TMS Health HQ • IS Foods Phillips Point East & West- 443,498 SF Class A office space with tenants inclutling law tirms, financial institutions, personal services and more. City Center - 300,000 SF Class A office space located on the dynamic Clematis Street. City Place Tower -295,933 SF Class A office space with tenants including business services, law tirms, metlical s"i"s, flnancialinstitutions, personal s—ices antl more. Major Employers • Tenet Healthcare HCA • Veterans Health Atlminis[ratlon • Flonda Crystals Headquarters • Sikorsky Aircraft •Tyco Headquarters • Pratt & Whitey • Aerojet Rocketdyne • Brown Dist, ibutlng Company • Ocwen Financial Corporation Page 68 of 1515 ACCESS TO 5 MAJOR MEDICAL CENTERS IIIIIIIIIIIIII°n�m�i��m� ��"�� IIIIIIIIIIIIIIIIIIIIR'i�m�IP��'�'�� IIIIIIIIIIIIIIIIIIIII!��m�'4��n�� IIIIIIIIIIIIIIII!"��,� � "'�°�� IIIIIIIIIIIIIIIIIIIIII'I��'"Ihm�l � '��i��Mm�m�i BOYNTON BEACH ATLANTIS DELRAY BEACH BOCA RATON BOCA RATON 5 10 15 20 25 minutes minutes minutes minutes minutes 481 BEDS 486 BEDS 536 BEDS 466 BEDS 195 BEDS 676 PHYSICIANS 956 PHYSICIANS 666 PHYSICIANS 866 PHYSICIANS 500- PHYSICIANS 2,579 EMPLOYEES 2,266 EMPLOYEES 1,666 EMPLOYEES 2,100+ EMPLOYEES 800+ EMPLOYEES 4 MAJOR EDUCATION CENTERS WITHIN 20 MINUTES 15 3,839 -ITS SIUDENT E-OLL.I111TN/ is II11115E 15 IIII I NW E S 30,808 STUDENT TNROLL.IIIITNT 3,579 STUDENT ENROLL.IIIIENT Page 69 of 1515 BOYNTON BEACH BREWING DISTRICT Locatedless than ten minutes from the property a the Highest concentration of micro breweries In ail of palm Beach County. The Boynton Beach Brewing District features several Breweries and Tap Room, ESVUE: °>Q..VM. F1 IlilRlE:'Ed EIRP E t bl' h d'in 2012 Due South " D is a 15 barrel b ewhouse featur ng various craft beers sonreed from Key West up to the Treasure Coast C O I'L IIA E: R ' 011 N I BREWING a;.Q.YMlPAINV Features a full- production brewery and tap room, and host of various cal gourmet food trucks every week IN 0Ili 0 BREWING CPYIM1PAINV Local "neighborhood" Brewery wo featur ng a brewery and tap room REGIONAL SHOPPING VENUES RENAISSANCE COMMONS • Offers a convenient variety of retail, dining, and lifestyle options • Stores Include: Starbucks, Bone Fish, Hurricane Grill, Burger Fi, Five Guys, Massage Envy, Village Tavern, Bar Louie, and more BOYNTON TOWN CENTER AND OAKWOOD SQUARE • Boynton Town Center has408K+SF with major to Hants that Include Best Buy, M Ichae Is, Super Target, Total Wine and more • Oakwood Square offers 183K+SF of retail space with retailers such as Stein Mart, Tj Maxx, Pier 1 Imports, Petco, Kirkland's and more DELRAY BEACH'S ATLANTIC AVENUE • The vibrant downtown main street of Delray Beach's Atlantic Avenue Is located only 10 minutes south from the Property • Atlantic Avenue exhibits an excellent ombination of antique shops, clothing boutiques, artgalleries, upscale restaurants and nlghtl ife entertainment venues Page 70 of 1515 OUTDOOR ACTIVITIES THE BALLPARK OF THE PALM BEACHES • Home to both the Washington Nationa and Houston Astros'springtralning facilities Newest Spring Tral Hing Stadium In Florida • Baseball stadium with 6,500 person capacity, providing both Major League teams with separate facilities Including two major leagueseepractice fields, four minor league -size practice fields, n agil Ity field, half -field, batting cages and pitching mounds 7e\ � iii � �3 �eZ.I C I•Z•: For over 50 years the Palm Beach Zoo has ned one of Palm Beach County's signature outdoor recreational options BEACH LIFESTYLE • The Boynton Beach area has beautiful public beachesthatattract visltors and locals • Peanut Island is a nice spot to get away to for the day. With a walking trail around the island and lots of snorkel) Hg spots, it's easy to re remain entertained • Gulfstream Park in Delray Beach Is a hidden gem of beachfront, perfect for the explorer that would rather stay away from the large crowds RECREATION AND ENTERTAINMENT ROSEMARY SQUARE • Premier destination in downtown West Palm Beach • Offers a mix of over 80 national stores, specialty shops, restaurants, and entertainment options Dramatic Mediterranean architecture, historic cultural artstheater, private residences, commercial office space, a spectacu lar fou ntai a show, and open-air plaza atmosphere • Dining options Include: RH Rooftop Restaurant, Pura Vida, True Food Kitchen, Brio Italian Grille, Cheesecake Factory, Ruth's Chris, Planta, Burger Fi, EI Camino (Coming S90n), Sweetgreen (Coming Soon) CLEMATIS STREET • The historical heart of downtown West Palm Beach, starting at Flagler Drive waterfront and continues through Rosemary Avenue westward • Contains colorful boutiques, nightclubs, live music, restaurants, antique shops and historical I andmarks • Features the West Palm Beach Green Market on Saturday mornings PALM BEACH / THE BREAKERS • The Palm Beach Convention Center architectural masterpiece ontal nl ng a 350,000 SF center featu rl ng a 100,000 SF exhibit hall, 22,000 SF ballroom and 21,000 SF flexible breakout space divisible Into 19 rooms • Worth Avenue In Palm Beach features luxury, designer retail and is the forefront of fashion in the U.S. • The Breakers, a world-renowned hotel and resort with 140+ acres of ocea Property, features two cchampionshipgolf courses, a full spa, private beach, to nnls courts, pool, Turkish steam bath Page 71 of 1515 RECREATION AND ENTERTAINMENT WAREHOUSE DISTRICT • A recently redeveloped compound of 85,000 square feet of vi nage 1925 & 1968 buildings, converted Into the "Dl stric' • Up and coming destination In West Palm Beach that offers 14 restaurants, breweries, nightlife, boutique shops and fitness options PALM BEACH OUTLETS/ MARKETPLACE AT THE OUTLETS • Located directly off 1-95 at Palm Beach Lakes Boulevard • 740K SF of retail space with more than 100 outlet stores • 440K SF offashion outlet stores such as Saks Fifth Avenue Off 5th, J. Crew, Kenneth Cole, Talbots, Banana Republic and Ann Taylor • 300K SF open air Marketplace anchored by Whole Foods Market, Nordstrom Rack and Bed Bath & Beyond ANTIQUE ROW • Features a collection of more than 40 shops and art galleries Is nsldered to be one of the finest antique shopping districts in the country, It is located all on one street and within walking distance Home to some of West Palm Beach's best food options, Including Cholo Soy Corina, Rhythm Cafe, Belle & Maxwell's and more NOTES Page 72 of 1515 Avery Klann avery.klann@nmrk.com M 561-703-8332 T 561-210-4138 Jackson Huggett jackson.huggett@nmrk.com M 305-431-7229 T 561-210-4146 South Florida Office 750 Park of Commerce Blvd. Suite 230 Boca Raton, FL 33487 T 561-988-8800 CONTACT INFORMATION Hampton Beebe hampton.beebe@nmrk.com M 561-317-1910 T 561-210-4129 Jonathan Senn jonathan.senn@nmrk.com M 305-720-6059 T 561-210-4145 Tal Frydman tal.frydman@nmrk.com M 561-504-9250 T 561-962-6211 Debt & Structured Finance Matt Williams matthew.williams@nmrk.com M 703-943-7602 T 813-981-5122 Tyler Minix tyler.minix@nmrk.com M 239-281-1895 T 561-210-4140 Equity Brooke Cade brooke.cade@nmrk.com M 239-810-3713 T 561-210-4133 NEWMARK 3.J. Requested Action by Commission: The Community Meeting that was scheduled for March 3, 2022 regarding the December 26, 2021 accident has been cancelled at this time. Explanation of Request: Please note that the Community Meeting that was scheduled for Thursday, March 3, 2022 from 6:00-8:00 p.m. in the sanctuary of St. John Missionary Baptist Church has been cancelled. 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 74 of 1515 5.A. Administrative 3/11/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. There are no new applicants at this time. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttacftrTIENI'lt Description ppoiir:tirTIENI'ItS for 03...01...22 Page 75 of 1515 Appointments and Applicants for March 1, 2022 Building Board of Adjustments and Appeals IV Penserga Reg 2 yr term to 3/23 Mayor Grant Alt 1 yr term to 3/22 I Katz Alt 1 yr term to 3/22 Applicants: None Education and Youth Advisory Board IV Penserga Student 1 yr term to 3/22 (Voting) Mayor Grant Student 1 yr term to 3/23 (Non -Voting) Applicants: None Historic Resources Preservation Board IV Penserga Alt 1 yr term to 3/22 Applicants: None Library Board Mayor Grant Reg 2 yr term to 3/22 Vice Mayor Hay Alt 1 yr term to 3/22 1 Katz Alt 1 yr tern to 3/22 Applicants: None C:\Program Files (x86)\neevia.com\docConve rte rPro\temp\NVDC\C3503AB5-66E2-4952-9548-3D9E92A3CD3C\Boynton Beach.31987.1.Appointments_for _03-01- 22.docx Page 76 of 1515 5.B. Administrative 3/11/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Boynton Beach Little League. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to support Boynton Beach Little League. 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 ttaclhtirTIENI'lt Description CoirnrTILAir:lity SL.agpport Il:::::L.alit:da:>....... IC:: oyirntoir:IBE: ,ach 1..... li ttbl II..... a s ag LAE) Page 77 of 1515 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 2/17/2022 Requested by Mayor/Commissioner: Mayor Grant Amount Requested $200.00 Recipient/Payee: Boynton Beach Little League Description of project, program, or activity to be funded: Funding will be used to support the Boynton Beach Little League. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000.00. The balance of funds available for the requesting Member of the Commission is $2,100.00. Accordingly: X There are funds available as requested There are insufficient funds available as requested Dated: m3J By: aM� ity Clerk Part III -Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community served by such donation Dated:BY .., .. ...... Requewg Member of the City Commission Page 78 of 1515 5.C. Administrative 3/11/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to Scholar Career Coaching. Explanation of Request: Mayor Grant requests to distribute $500.00 of his Community Support Funds to support Scholar Career Coaching. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt Description REs,gLaiE)St CoirnirTILAir':lity SL.aipport Il:::::LAinda:>....... Schoair Ca irEs'E)r Coachliir:q Page 79 of 1515 s EXHIBIT "As$ g 0 r of Requestr' be s ; 'r a' s by City Clerk) D. i Request r a i i r/Commissioner: Y Amount RecipientlP i' Des ec ,qr!pVgnofproj tprogram, or activity -to be funded, Cc CC— of funds available to thal requesting Member of Commission' Y above i Tba &'. `here are funds available as requested There are insuff-Icient funds available as r uested , Dated: By: _ TIT! le�6ill V Part III -Eli ibillty Evaluation Ele" Public funds will not be used to Lrnprove private property unless there is a clear public • purpose i benefit EY The recipient/payee provides services vAthin:the City N,"The public purpose is beneficial to the entire community served by such donation bi i , Page 80 of 1515 5.D. Administrative 3/11/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Art Synergy, I nc. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to support Art Synergy, Inc. in bringing a public art mural to Boynton Beach. 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 ttaclhtirTIENI'lt Description REs,gLaiE)St CoirnirTILAir':lity SL.aipport I1:::::U1i[':da:>....... in Syir:Esirgy, II ir c - Page 81 of 1515 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Requestry �Fe rua 1, 2022 �1 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested: $0 RecipienVPayee: Art Synergy, Inc. Description of pro'ect, roggram, or activity to be funded: Bring a Publrc.�rt Vura lto Boynton Beach. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is f, The balance of funds available for the requesting Member of the Commission is $ mm,, , r. Accordingly: :1'"0111 There are funds available as requested There are insufficient funds available as request Dated: By: 101, 41Y ad It aly b'''. Part III -Eligibility Evaluation L. Public funds will not be used to improve private property unless there is a dear public need, purpose and benefit o The recipient/payee provides services within the City p purpose is beneficial to the en o served by such donation The u n public pu re comma Dated. �� ." ..�� By ,r..YN "Me inberof-t4 e -Ci a,Gom ion Page 82 of 1515 5.E. Administrative 3/11/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to South Florida PBS. Explanation of Request: Mayor Grant requests to distribute $500.00 of his Community Support Funds to South Florida PBS in support of their educational programming, services and outreach. 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 ttaclhtirTIENI'lt Description CSll::::IREs,gL E)St Il:::::oirirn Page 83 of 1515 RiS-OSS "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part 1- Summary of Request (to be completed by City Clerk) Date of Request: February 18, 2022 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested: $ 500.00 Recipient/Payee: :South Florida PBS Description of project, program, or activity to be funded: In su ort of SFPBS educational 2m9LQmTjn9,servic s and outreach. Part 11- Availability of fund The annual appropriation of funds available to the requesting Member of the Commission listed above is $" Thebad n la ce of funds available for the requesting Member of the Commission is Accordingly: There are funds available as requested There are insufficient funds available as requested Dated:By: a . � �� "' ityy Clerk Part III -Eligibility Evaluation L °"'Public funds will not be used to improve private property unless there is a dear ,,public need, purpose and benefit ,,.The recipientlpayee provides services within the City P/ The publicrc is commu ity by such donation By: Dated. ,, � � �,� .,�...... g � m Requesting Member of the City Commission Page 84 of 1515 5. F. Administrative 3/11/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to American Academy. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to support American Academy. Funding will be used for utilities and internet for their tutoring center. 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 ttaclhtirTIENI'lt Description CSll::::IREs,gL E)St Il:::::oirirn Page 85 of 1515 R15-055 EXHIBIT "App COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clark) Date of Request '2 - I S- 2-0 2, 2- Requested by Mayor/Commissioner: —ay -o- r� 'e- -v'e'-n B-.- Grant — Amount r ani— Amount Requested: $ 200.00 ReciplehVPayee: Description of project, program, oractivityto be funded ust-d C1 Part 11 - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is The balance of funds available for the requesting Member of the Commission is $ Accordingly: 'There are funds available as requested There are insufficient funds available as requested :1 Dated2��11 By:, '4X: . . . . . . . . . City Clerk Part 111491giblifty Evaluation U/ Public funds will not be used to improve private property unless there is a dear Oe,public need, purpose and benefit ,.The recipkn"ayee provides services within the City c7l' The public purpose is beneficial to ft Un', rved by such donation me Dated: By. R ting Member cf the City Commission Page 86 of 1515 5.G. Administrative 3/11/2022 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Alpert Jewish Family Service. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to support Alpert Jewish Family Service. Funding will be used for Project H.O.P.E., an acronym for Help Our Poor and Elderly, which raises money to benefit clients of the agency. Since its inception, Project H.O.P.E. has raised nearly $400,000 to help support agency programs that combat food insecurity and assist those most in need from our community. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt Description CSll::::IREs,gL E)St Il:::::oirirn Page 87 of 1515 1135-055 EXHIBIT "All COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request (to be completed by City Clerk) Date of Request 2/17/.22 Requested by Mayor/Commissioner: Ma or Ste en B. Grant Amount Requested: $ 2OO.00 RecipienVPayee: :Alpert Jewish Family Service. Description of project, program, or activity to be funded: Project H_.O_P..E_. an ac,ii for Help Our Poor and Elderly raises money to benefit clients of our agency. Since its inception, Project H.O.P. E. has raised near) $400,000 to help support our agent pro, rams that .. combat food insecurity and assist those most in need from our community. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $.:2)o The balance of funds available for the requesting Member of the Commission is $4 Accordingly: c ,V There are funds available as requested i There are insufficient funds available as requested Dated: c;1 By. �, ity Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a dear public need, purpose and benefit R The recipient/payee provides services within the Ciy I7 The public purpose is beneficial to the entirp s sfich donation Dated:,. By. ting Member "the City Commission Page 88 of 1515 5.H. Administrative 3/11/2022 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $100.00 of his Community Support Funds to Community Greening. Explanation of Request: Mayor Grant requests to distribute $400.00 of his Community Support Funds to support Community Greening. Funding will be used to plant native canopy trees in medians, right-of-ways, drainage areas and other city property. 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 ttaclhtirTIENI'lt CSI::::IREs,gL E)St Il:::::oirirn Page 89 of 1515 R15-055 4"All=11111MA CO ITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of ues ed b eMa or/Commissioner: - N r e aw_ Amount Requested: uu Recipient/Payee:YIPW �w a De iption of project, program, or activity to be fund d: i�n� ,- 4 k � "�' ` i µ "Iw n"'��'*�' ' Aw.., �' Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ gn: ) Th,- balance of funds available for the requesting Member of the Commission is Accordingly: There are funds available as requested ❑ There are insufficient funds available as requested Dated: j Z'3 By: ° ity Clerk Part III -Eligibility Evaluation °""'' Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit 1 The recipient/payee provides services within the City purpose �, ' � erved by such donation public ur ose is beneficial to the entire ❑� The re comm nit Dated: �. �� ; By:. y..........._.............. ...... Y:.__ Re sting Member of the Cit Commission Page 90 of 1515 5.1. Administrative 3/11/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to the Boynton Beach Bulldogs Football team. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to support activities related to the Boynton Beach Bulldogs Football team. 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 ttaclhtirTIENI'lt Description CSll::::IREs,gL E)St Il:::::oirirn Page 91 of 1515 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Amount Requested: Recipient/Payee: Description of project,, program, or activity Part II - Availability of funds R15-055 fe" ." a J1- a44 �. The annual appropriation of funds available to the requesting Member of the Commission listed above is $ ' S '' = IF The balance of funds available for the requesting Member of the Commission is Accordingly: There are funds available as requested C7 There are insufficient funds available as requested �.. � Dated: �� " y' ity Clerk Part 111 -Eligibility Evaluation 'Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within ��egity '' s�ye ,°day such donation the public purpose is beneficial to the enti,rd , . , P p c nit Dated. Requesting Member of the City Commission Page n Page 92 of 1515 5.J. Administrative 3/11/2022 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Boynton Strong. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to Boynton Strong. Funds will provide Boynton Strong the ability to buy supplies, hire independent contractors and dispose of trash and litter in Boynton Beach. 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 ttaclhtirTIENI'lt CSI::::IREs,gL E)St Il:::::oirirn Page 93 of 1515 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Amount Requested: Recipient/Payee: project, program, or r� �qyy w� �P •.•� a lr Yq� k � � �k�u� "*� Part II - Availability of funds to be . e . �..:.�„ The annual appropriation of funds available to the requesting Member of the w Commission listed above is w":;;;;u The balance of funds available for the requesting Member of the Commission is $,,I'll ;;?a"!!) °A Accordingly: There are funds available as requested ❑ There are insufficient funds available as requested Dated:�� ., �� ,��. By: ,;'"pity Clerk Part III -Eligibility Evaluation �.. Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the ennui 00mrn4ni' ^ s ' y such donation Dated:By: Member of the City Commission Page 94 of 1515 Consent Agenda 3/11/2022 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for March 1, 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 AMOUNT SOLICITATION NUMBER TERM Brenntag Annual Supply of Sodium Estimated Expenditure for Mid -South, Hydroxide (Liquid Caustic COBB Bid No. March 20, 2022 - Remainder of Fiscal Year Inc. Soda) 015-2821-19/IT March 19, 2023 $80,000 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: Strategic Plan Application: Climate Action Application: Is this a grant? Page 95 of 1515 Grant Amount: Attachments: Type D AttacftrTIENI'lt D AttacftrTIENI'lt D ttaclhhirTIEsirait Description Bid EAE)insioins aind Fliggy Bacl(S UlindEsir' $100,000 IRENIIE)W,-'.Ill Il['ItE)ir'E)St I E)ttENr BrENI'll'Itag Mid SOUlth, I inc, 2022 2023 BrENI'lintag IC id SOUlth, linc- FlriCE) IPENr IDiry Tbin Page 96 of 1515 RE CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS UNDER $100,000 MARCH 1, 2022 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Bryan Heller, Manager Water Quality & Treatment TERM: March 20, 2022, to March 19, 2023 SOURCE FOR PURCHASE: City of Boynton Beach Bid No. 015-2821-19/IT — Annual Supply of ACCOUNT NUMBER: 401-2811-536-52.35 VENDOR(S): BRENNTAG MID -SOUTH, INC. ANNUAL ESTIMATE: $80,000 DESCRIPTION: On March 19, 2019, Commission awarded the Annual Supply of Sodium Hydroxide (Liquid Caustic Soda) to Brenntag Mid -South, Inc. of Orlando, Florida. The initial agreement term was for one (1) year with the option to renew for three (3) additional one-year terms contingent upon mutual approval that the renewal is in the City's best interest. With this renewal, the vendor requests a price increase of approximately 49%, the current price per dry ton is $574 and the renewal price per dry ton will be $856. Staff has reviewed the Consumer Price Index for All Urban Consumers (CPI -U) and approved the price increase. Staff requests the approval of the 3rd renewal term from March 19, 2022 to March 20, 2023, with the price increase. 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 February 16, 2022 Brenntag Mid -South, Inc. 250 Central Florida Parkway Orlando, FL 32824 VIA EMAIL TRANSMITTAL TO: subachbrenntaq.com ; bbroadhurst%@brenntag.com BID: ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID No.: 015-2821-19/IT CURRENT AGREEMENT TERM: MARCH 20, 2021 — MARCH 19, 2022 Dear Ms. Ubach or Ms. Broadhurst: The current agreement term for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA" expires March 19, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach would like to extend the bid for its 3rd 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 prattt 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, TIOW&4jue4 Mara Frederiksen Director of Financial Services Cc: Brian Heller, Manager Water Quality and Treatment Melissa Roberts, Contract Coordinator tp America's Gateway to the Gulf Stream Page 98 of 1515 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 February 16, 2022 BID: ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID No.: 015-2821-19/IT Agreement between the CITY OF BOYNTON BEACH and BRENNTAG MID -SOUTH, INC. AGREEMENT RENEWAL TERM: MARCH 20,2022— MARCH 19, 2023 Yes, I agree to renew the existing agreement under the same terms, conditions with a price increase of $856 per dry ton for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) B MID -SOUTH, INC. NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE TITLE (please print) February 16, 2022 270®655®0694: Cell DATE (AREA CODE) TELEPHONE NUMBER subach@brenntag.com E -MAI L America's Gateway to the Gulf Stream Page 99 of 1515 ConnectingChemistry GM Caustic Soda �M&r��kelt U�pdalte January 2022 BRENNTAGAM11'. low B R E N N TAG A011,111' Aw ....................................................................................................................................................................................................................................................................................................................................... Page 1.490 Of -45.1.5 ......................................................................................................................... ConnectingC e i try ClIH ....011::RIIINI:"' I II::"11 IE:.1 BRENNTAG II1 low ➢ 2021 was a tumultuous year for the CL2 industry, as prices have reached record highs with projections for pricing to move higher in 2022. ➢ The merchant CL2 market will continue to be tight with the 3 major suppliers determining where they get the highest value in the ECU chain. ➢ Production rates in 2021 were doomed from the start with all the weather- related issues that began in February of last year. ➢ Capacity for the CL2 merchant market is roughly 20% of a 14.2MM Ton market. Olin 32% Oxy 21 % Westlake 19% Chemtrade 2% E rco 1 % .......................................................................................................................................................................................................................................................................................................................................Page ...1.p.a...o f.45.1-.5......................................................................................................................... January 2022 Market Update 12/31/2021 ConnectingC e i try C 1I 111....01::R II NEI ,:: I II" II IE:.1 U. U II:: II:: II::::: (CGN.T.II Ill U II:". [ BRENNTAG II1 low ➢ Capacity changes in 2021 also had an impact on CL2 availability. Let's look back at the closures in 2021. Olin Freeport 208,000 Olin McIntosh 181,000 Olin Plaquemine 1205,000 Oxy Niagara Falls 1170,000 ➢ Vinyls continue to be the major outlet for CL2 with 45-50% of all CL2 going into this market. ➢ The net trade for CL2 continues to decline in the US while the import market surges given the CL2 value into the vinyl chain. ➢ Producers will continue to move CL2 into the molecule which gives them the greatest ECU return. .......................................................................................................................................................................................................................................................................................................................................Page ...449.2-.Q.f.4545......................................................................................................................... January 2022 Market Update 12/31/2021 3 ConnectingChemistry Chilor�ne BRENNTAGAM11'. low C, I's, 8 8- "s L-", 'c- 8 ti, 6ob aft 6 z" �,i r 8 M Z) 0, 'D 0 C", eD C, 7 C,•V 0, C� �D 1`4 1� 14 r,4 1- w 74, r, A N 1,k "I I., "'t 1,4 N, C', r`r d 4 "1 N "N w "N r4 ,4 N r,4 1 4 r,4, r4 r,, -,i r; i[)t' !'4 c,! lAn Alineirilca k" �j kv , @ hp h B(.,)B lA, (;O ( ioavN'l,,,$ S),licliv, I lad 1-11ILNAMIA2 (,44icii U,e Blank 1,1,4 o,, AaiN" to Ave d RDD, M J p"Iez c, t on Bo:,nver! eld ;p C I I 1! IN AM4 2 9 C N (tli ii ne B I un k IN ortlJar, elic a SB.'x)'Y , II ov", F 08 U, S (iW C'n, ,,I JS p"o 91 cx rl l ci n, C7i l.f,dA,110 1,4 5 hlo,v lIrle H 1 d n k 4 6 Pwvo is a lllGpj, 11 iJl, I ul,,,,P aIJISr, ll,,,, 6r, mn onvorwd� I, fl NAN'll Blank Ncl t3i, Anulr�i a ( cnM ml Ma fip'b 1v Ob U 4" 604 �,Oas()Ss pc,amou B4anffc�nveMod! 1; INAM R�lb I hAciOj6Plank Nooh, Alnef i( "; Avf` uJpp R,,�B �,J$ GlAf c'jya,,,i l l'Y,;peq,, Shott, 'TF,,,,n 0-�� NAPO,] 96 ....................................................................................................................................................................................................................................................................................................................................... Page 4.03 -of -45.1.5 ......................................................................................................................... Connecting Chemistry GI....GBAI CAI:::,IAGI'T')( (GI....2) TONS Global Capacity (CI -2) TPY 90,000 80,000 70,000 60,000 5204 50,000 40,000 30,000 20,000 15 763 10 799 10,000 2 766 532 1 1 , I — 0 I NE Asia United States West Europe Latin America Canada Total BRENNTAGAM11'. Iow Global Capacity % (CI -2) TPY n wl n ni D. 4. m Asiia ,,ill, Uin�ted States West IC urope iiiiii Ilaflin Aineilca ir, Canada ....................................................................................................................................................................................................................................................................................................................................... Page 4-04 of -45.1.5 ......................................................................................................................... January 2022 Market Update 1213112021 5 ConnectingChemistry C 1 111 0 1::R A I IK AI.... I G I GB AI MAI::RKE'�,"I" ➢Chlorine Demand I Global ➢Chlorine Operating Rates ➢Global Export PVC Sales ➢Supply I Demand Balance ➢ Import I Export Demand ➢Netback into the Vinyl Chain compare Merchant Market BRENNTAGAM11'. low ➢ Maintenance Outages (2) big outages in Q1 2022 ➢Weather related issues ....................................................................................................................................................................................................................................................................................................................................... Page 1.495 of -45.1.5 ......................................................................................................................... January 2022 Market Update 1213112021 6 ConnectingChemistry B R E N N TAG II low ....................................................................................................................................................................................................................................................................................................................................... Page 1.496 ......................................................................................................................... January 2022 Market Update 1213112021 Connecting Chemistry C U S..T] C S OI[D II::R II:::::..T' U~.YI::.) II::) BRENNTAG II low Forecasted Caustic Soda demand grows but at a slower pace than CL2 in the next couple of years. More US capacity rationalizations surpass new Chlor -Alkali expansion projects. Longer term this can become an issue as Caustic demand grows with GDP and not enough new production in the coming years will offset demand growth. CL2 is driving operating rates so US Caustic Soda export volume must increase like it did in 2021 or we could see a softness in the domestic Caustic Soda price. Based on the current ECU economics Caustic Soda pricing if it remains where it is today could entice some producers to look at expansion plans for Membrane at existing facilities. We do not see any new large grass root projects on the horizon. .......................................................................................................................................................................................................................................................................................................................................Page ...4497--Of-4545 ......................................................................................................................... January 2022 Market Update 12/31/2021 8 Connecting Chemistry BRENNTAG II1 low CA( ,.JS`11..I C S 0 I'DA I AI::RK1I::::..I1 II::::: ( iv-li I14 1.::::.::)...� US producers have announced an increase for January 1. Given the current tight supply on Membrane and two large outages upcoming at Formosa and Shintech in early 2022 the probability is better than 50-50 that we will see a slight uptick in prices for Q1. Pricing on the East Coast will continue to move higher with the costs to bring in import product. Pricing on the West Coast could potentially soften as we get past January into February as NE Asia pricing starts to fall. The Alumina market has seen about a 10% drop in pricing since its market high back in October but is still at very attractive levels for producers. .......................................................................................................................................................................................................................................................................................................................................Page 49 ..-1."f.45-1-.5......................................................................................................................... January 2022 Market Update 12/31/2021 9 Connecting Chemistry C U S.T] C S O [D I II::R K I:::,:..I" BRENNTAG II1 low NE Asian spot export prices continue to trend downwards. The December spot low was $450/DMT FOB NE Asia compared to an October high of $930/DMT FOB NE Asia ... A drop of $480/DMT in less than one quarter. The NE Asian market is best defined as being balanced to loose with producers allotting more volume into the export market. Demand from buyers in this market remains strong given the significant drop in pricing over the past 2 months. This price drop has created an arbitrage position currently in NE Asia. US Spot Export- 685/D INA 11 I1:::::01. European Spot Export- "70 O/D INA 11 If,,, ll;; NE Asian Spot Export- 4,50/; kA 11 If,,, II;; Note that the current NE Asian pricing will not be seen on the west coast for at least another 45-60 days. .......................................................................................................................................................................................................................................................................................................................................Page ...449."f.4545 ......................................................................................................................... January 2022 Market Update 12/31/2021 10 Connecting Chemistry BRENNTAGAMPI,. low C U S.T] C S OI[DA II::R K I:::::..T' ➢ We are starting to see signs of a potential bottoming out of the NE Asian market. ➢ The Chinese New Year will shut down production in Mid January for 16 days. Inventories will be on the low side when production resumes. Expect February pricing to be approximately 10% higher than the December low. ➢ The Winter Olympics will be in Beijing, China and will shut down production for 2 weeks in February. This will tighten the NE Asian caustic soda market. .......................................................................................................................................................................................................................................................................................................................................Page ...4449..Of-4545 ......................................................................................................................... January 2022 Market Update 12/31/2021 11 Connecting Chemistry C U S.T] C SOI[D II::R II:::::..T' U. U II::. II:: II::::: II::::: (j II:;� II:::) II::::: BRENNTAG II1 low ➢ The Caustic Soda market in Europe continues to deal with increasing energy costs as well as overall increases in raw material costs. ➢ These increased costs have forced producers to push for caustic soda price increases in January. ➢ The new Omicron variant is taking hold in Europe with many worried that this could again shut down industries and supply chains. ➢ Export pricing from Europe increased over the course of December due to the increases in cost. ➢ If energy costs remain this high and the increases are not accepted into the market, producers could be faced with lowering operating rates. .......................................................................................................................................................................................................................................................................................................................................Page ...4.a..a...Of-4545 ......................................................................................................................... January 2022 Market Update 12/31/2021 12 Connecting Chemistry BRENNTAGAM11'. low MAJOI::R CAUS"I"C SO[DA DW (I<DMT/Y) P "141F R Al, A',%& Europe `0 2 F.E.Asia N. cimiuoimiomimmo 00 500 '0000 E S.Asia ......... 1,400 " I I 1 11 IN, Africa"i"/` 40 1 00 1,75® 250 25Q S.E.S. 550 Si S. America 100' 300 Oceania ....................................................................................................................................................................................................................................................................................................................................... Page 1.4.2--ef 1.5-1.5 ......................................................................................................................... January 2022 Market Update 1213112021 13 Connecting Chemistry BRENNTAGAM11. low US CAUS'T]C SGIDA )01",R)"I" 1"A"I'A United States Caustic Soda Import/Export by Year Exports Imports Year Volume Volume 2019 3,577,378 DST 479,593 DST 2020 3,030,250 DST 573,250 DST 2021 Thru 10/21 2,569,658 DST 557,328 DST 2021 Annualized 3,083,590 DST 668,794 DST ....................................................................................................................................................................................................................................................................................................................................... Page 1.43--ef 1.5-1.5 ......................................................................................................................... January 2022 Market Update 1213112021 14 Connecting Chemistry U S CA U S T. II C S 0 I'D I:::) 1::R II C E.". III IN C II::II:::,." A S II::." S 2 BRENNTAG II1 low Producer Date Amount Producer Date Amount Producer Date Amount Producer Date Amount Producer Date Amount Olin 15 -Feb $ 75.00 Oxy 17 -Feb $ 75.00 Westlake 10 -Feb $ 40.00 Formosa 26 -Feb $ 70.00 Shintech 23 -Feb $ 60.00 26 -Feb $ 80.00 8 -Mar $ 45.00 26 -Feb $ 40.00 12 -Mar $ 70.00 17 -Mar $ 65.00 29 -Apr $ 50.00 7 -May $ 65.00 15 -Mar $ 45.00 24 -Jun $120.00 13 -May $ 60.00 21 -May $ 110.00 21 -May $ 75.00 30 -Apr $ 65.00 16 -Aug $ 60.00 1 -Jun $ 75.00 23 -Jul $ 75.00 29 -Jul $ 40.00 26 -May $ 70.00 3 -Sep $120.00 19 -Aug $ 50.00 2 -Sep $ 100.00 8 -Sep $75.00 23 -Jul $ 60.00 1 -Dec $80.00 15 -Oct $ 100.0 0 30 -Sep $ 80.00 20 -Oct $75.00 31 -Aug $ 75.00 6 -Dec $ 70.00 23 -Nov $ 60.00 24 -Nov $80.00 20 -Oct $ 70.00 1 -Dec $ 65.00 Total $630.00 Total $530.00 Total $530.00 Total $520.00 Total $480.00 .......................................................................................................................................................................................................................................................................................................................................Page ...444..of-45.1.5 ......................................................................................................................... January 2022 Market Update 12/31/2021 ConnectingChemistry E." C 0 IN 0 I II C IIIN 1".) II A..I" 0 1 BRENNTAGAN11'. low E 1 3 calcul ott"KIr ej 0 P Cr 0 0 das t ro-uc wf t 4"- 1 Exports bcoders I'm Cs t m e rii t c o u n t I expenditures, rr D o m e s ti c v U Ip u IGINP C onsumption im, portant ....................................................................................................................................................................................................................................................................................................................................... Page 445 ......................................................................................................................... January 2022 Market Update 1213112021 16 2,400 2,200 2,000 1,800 1,600 1,400 1,200 1,000 800 600 400 89 91 93 95 97 99 01 03 05 07 09 11 13 Building Permits Recession — Housing Starts Source: Bureau of the Census 15 17 19 21 Housing starts rose a larger than expected 11.8% to a 1.679 million -unit -pace in November. Gains occurred in both single-family and multi -family segments as well as in all regions. Forward-looking permits also featured a large gain, rising 3.6% to a 1.712 million uni a ....................................................................................................................................................................................................................................................................................................................................wage.. �.V5...56.1.5......................................................................................................................... January 2022 Market Update 12/31/2021 17 ConnectingChernistry BRENNTAG Il1rlow GI....GBAI.... II:::::COINOUICIINII::1II "A`1.0II::, ISM Manufacturing PMI and Services PMI Indices Diffusion Index 70 65 60 55 50 45 40 35 30 97 99 01 03 05 07 09 11 13 15 17 19 21 1111111 Manufacturing Recession -- Services — Breakeven Note: An index of 50 or over indicates that the sector is expanding, while an index below 50 indicates that it is declining. Source: Institute for Supply Management Ur Thomas K Swift Economic activity in the services sectors grew in November for the 18th month in a row — with the Services PMI rising 2.4 points to 69.1%, another all-time high, and setting a record for the fifth time in 2021. The gain was led by rising business activity and errp�ag to1 ..................................................................................................................................................................................................................................................................................................................................... Page annof L'a.......................................................................................................................... January 2022 Market Update 12/31/2021 18 30 20 10 0 -10 -20 -30 -40 89 91 93 95 97 99 01 03 05 07 09 11 13 15 17 19 21 Private Residential — Private Non -Residential Public Recession Source: Bureau of the Census Dr Thomas K Swift Building & construction is an important segment for chemicals and plastics. Construction spending rose 0.2% to $1,598 billion in October, a level up 7.5% Y/Y. Weakness in residential was offset by strength in public construction and many non-residential segments. .......................................................................................................................................................................................................................................................................................................................................Page ...4.a.g_o f.4545......................................................................................................................... January 2022 Market Update 12/31/2021 19 ConnectingC ernistr G II....OBAI.... II:::" C0� N 0 IM I C II IN II") I�I.T'01� I::,��; U.S. Specialty Chemical Market Volumes Millions of Metric. Tons 3,600 3,400 3,200 3,000 2,800 2,600 2,400 2,200 2,000 Change YN (3MMA) 20% 15% 10% 5% 0% -5% -10% -15% -20% 99 01 03 05 07 09 11 13 15 17 19 21 -- Market Volume in ThousandMetric'Tons (left) Year -over -Year % Change (right) Dr Thomas K Swift 0 BRENNTAG II1 low Overall specialty chemical market volumes rose 0.9% in October, a level up 8.8% on a year-over- Vear (Y/Y) basis and back to pre-Covid levels. Gains across segments were widespread. .......................................................................................................................................................................................................................................................................................................................................pa ..9 ......................................................................................................................... January 2022 Market Update 12/31/2021 20 % of Capacity 90 85 80 75 70 65 60 89 91 93 95 97 99 01 03 05 07 09 11 13 15 17 19 21 Source: Federal Reserve Dr Thomas K Swift Capacity utilization for the industrial sector increased 0.3 percentage point to 76.8%. It was 2.8 percentage points below its long -run (1972-2020) average. Capacity utilization for manufacturing increased 0.5 percentage points to 77.3% in November, highest since December 2018. .......................................................................................................................................................................................................................................................................................................................................Page ...4.2-0..o f...:{545......................................................................................................................... January 2022 Market Update 12/31/2021 21 ConnectingChemistry Pricing BRENNTAGAM11'. low ....................................................................................................................................................................................................................................................................................................................................... Page 4.24 ......................................................................................................................... January 2022 Market Update 1213112021 ConnectingC e i tr I Ih 11s CSI....II $1,200.00 $1,000.00 $800.00 $600.00 $400.00 $200.00 BRENNTAG II1 low IHS CSLI 2018 - 2021 CPAP�N aQ�T PC 5 a0) tQo U z> oU PC AP�N?Q�T PC 5 a0) tQo U z> oU PC APPC 5? a0) tQo U> U C A C 5 o) QU> U m m m ?nmRommm m �mRoomo :3 m R o N m N :3 m o m ■Avorago CSI 1 uu1Acdju^s, cd CSI 1 .......................................................................................................................................................................................................................................................................................................................................Page ...1..22--o f...1.5.1.5......................................................................................................................... January 2022 Market Update 12/31/2021 23 ConnectingC e i tr I Ih lI S S E:," III IN I1'. II:::" X IHS SE Pricing 2018 - 2021 $1,200.00 $1,000.00 $800.00 BRENNTAG II1 low $600.00 $400.00 $200.00 ami o w m v ra Q ' ami o w m v ra Q ' ami o w m v ra Q El ow 1111111p..lgh .......................................................................................................................................................................................................................................................................................................................................pa ..9 ......................................................................................................................... January 2022 Market Update 12/31/2021 24 ConnectingC e i tr I Ih lI S IN E:," III IN I1'. II:::" X $1,400.00 $1,200.00 $1,000.00 IHS NE Pricing 2018 - 2021 BRENNTAG II1 low $800.00 $600.00 $400.00 $200.00 v Q v o v v Q ami o v m v Q ami o v m v r r a r r a U R z o T T a T T a U R z o T T a T T a U 4? r r ■ 1 ow 111111 p.. lgh .......................................................................................................................................................................................................................................................................................................................................Page ...1..24......................................................................................................................... January 2022 Market Update 12/31/2021 25 ConnectingC e i tr ..I.IIII:: 0 T' II:::) II::R II C II IN $700.00 IHS Domestic Spot 2018 - 2021 BRENNTAG II1 low $600.00 $500.00 $400.00 $300.00 $200.00 $100.00 v Q = d) o v m v Q M= = d) o v m v Q M= = d) o Owmw v Q M= = d) o v r r a? r a U?g z o T T a T T Q q z o T T a T T Q q z o T T a T T Q q z o ■ 1 O 111111 p.. I rg h .......................................................................................................................................................................................................................................................................................................................................Page ...4.2-5.o f...1.5.a.5......................................................................................................................... January 2022 Market Update 12/31/2021 26 ConnectingC e i tr I:: I II::::: �; ..I.. II ', (.�U �; II::::: XII:::) � II:=R..�.. SII:::) 0 T' II:::) II::R II C II IN G Spot Export Prices 2018 - 2021 $900.00 $800.00 BRENNTAG II1 low $700.00 $600.00 $500.00 $400.00 $300.00 $200.00 $100.00 v Q adi o v m v Q v o v v Q ami o v m v Q ami o v r r a r r ag � z z U? g z o ■ I Ow [)I 1 111111 Ig h [ )I "I' .......................................................................................................................................................................................................................................................................................................................................Page ...1..26..of-45.1.5 ......................................................................................................................... January 2022 Market Update 12/31/2021 27 ConnectingC e i tr U II::R 0II:: II::::: S II::)0 T. II:::) II:::� II C II IN G $900.00 $800.00 $700.00 $600.00 $500.00 $400.00 $300.00 $200.00 $100.00 c >� �a a ? 4- Q i BRENNTAG II1 low Europe Export Prices 2018 - 2021 ' ami ' o w m v Q M ' d) o v m v Q M ' d) o v m v Q M ' v y 3 T? Q U g z o T T a T T a U R z o T T a T T a U R z ■ 1 Ow [)lm 1 1111111 II'gh [)lm"I' .......................................................................................................................................................................................................................................................................................................................................Page ...4.2-7.of-45.1.5 ......................................................................................................................... January 2022 Market Update 12/31/2021 28 ConnectingC e i tr NII::::: SI A 1::)11:=RIICII:::::S $1,000.00 $900.00 $800.00 $700.00 $600.00 $500.00 $400.00 $300.00 $200.00 $100.00 $- BRENNTAG II1 low NE Asia Export Pricing 2018 - 2021 w w w w w w w w w w w w m m m m m m m m m m m m o 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N > V C m -, Q >' C 5 OI G V > V C m m- Q >' C 5 OI G V > V C m f6 Q >' C 5 OI G V > V ri Q ca v p Z m ri Q M v o v m v M v o v m v ca = n = v o v Q U) Sc Q U) 0 Z 0 n LL Sc Q 2 Q U) 0 Z 0 n LL Sc Q n Q U) 0 Z 0 h..Jkw ummmmoomu I lIgh,i -Avora o .......................................................................................................................................................................................................................................................................................................................................pa ..9 ......................................................................................................................... January 2022 Market Update 12/31/2021 29 ConnectingC e i tr T' l' A%; .T. IIINII::)II:::"X $1,400.00 $1,200.00 $1,000.00 $800.00 $600.00 $400.00 $200.00 BRENNTAG IIR low West Coast Index 2018 - 2021 v Q v o v v Q v omvQ ov 0. —U w 19 -ai ai - aT v v-aQgr g g �TQUgzoTT�TT z o ■ 1 Ow 1111111 I- Igh .......................................................................................................................................................................................................................................................................................................................................Page ...422� f..4545......................................................................................................................... January 2022 Market Update 12/31/2021 30 ConnectingChemistry BRENNTAGAM11'. low GI GB AI.... I:::) 1::R II C II IN G IIIN I") II ("I'A"I" 0 1I $800.00 $700.00 $600.00 $500.00 $400.00 $300.00 $200.00 $100.00 Global Pricing DMT 2018 - 2021 0. > U r- .0 -, 8. >, r -5 0) 0. t > U r- .0 - 8. >, r- -5 0. > U r- .0 '", 8. >, r -5 0) T T 0. > U d) 0 w m w M d) 0 w m w M d) 0 w m w M d) 0 d) ? :� 15 9 :� 15 :� — — . — :� -? —59 2� 9 7 L� — — :� 7 —59 — 2� 9 7 L� — — :� 7 —59 2� 9 7 L� — —Sjjof :::XjjOft I Ow [)Im I — IIIVV 1:::::: U I Ow [)Im I — 1111:::::: A s! o I ow [) IM I ....................................................................................................................................................................................................................................................................................................................................... Page 1.30 of 1.5-1.5 ......................................................................................................................... January 2022 Market Update 1213112021 31 ConnectingC e i tr BRENNTAG II1 low Brenntag North America .......................................................................................................................................................................................................................................................................................................................................pa..9e...4,34 O.f... 5.a..5......................................................................................................................... January 2022 Market Update 12/31/2021 ConnectingC e i tr („ U :..IL.. IIC soIj..)/\ ..11... '.11 („j S..IL....IL.. IL...fl:: 11:::.AC `11... E: ➢ The largest global caustic soda distributor in the world ➢ Europe 1 #1 ➢ North America 1 #2 ➢ Latin I South America # 1 ➢ Asia Pacific I Growing infrastructure underway BRENNTAG II1 ➢ One of the largest global buyers of caustic soda > 1.51VIM Dry Short Tons per year. ➢ Global purchasing relationships with strategic global producers ➢ North America ➢ Europe ➢ Asia Pacific ➢ Latin America ➢ Global transportation I Logistic expertise I Barges I Ships ➢ Strong in packaged products I Drums, and Totes .......................................................................................................................................................................................................................................................................................................................................Page ...1.32--e f..4545......................................................................................................................... January 2022 Market Update 12/31/2021 33 Supply Locations Global Sourcing > 60 ship points NA, Asia, EU, South America OF Logistics Packaged Products Tank Trucks Drums Rail Cars Totes Barges Blends Vessels Mini Bulk Connecting Chemistry BRENNTAGAM11. low N OI::R'T.II....II II ." II::R CC U S..T] C SO[DA S U~.YI:::1 II:::) II....Y II::: 0 I IN T' 1 � MJff if Gm,ai9'� /� f,/Rn//;s o✓i c% i„fly �Ylall r: 01/0”, IF Al it �+, L reenrm Ul N (E 0 � �, �. S, i xf 1 An�i m 9ii lus,, 04Al", /v). „ r, „��'�W%//i� VAOUIOSIy:lk'G, �;�9L8 a��, ,� I I ��VVrr �ri"s"Ak N, 4 "'WAV A"AA W r v ,, „dos i,t Al' rPhAA Tib'r'I i n a l Barge �f �»lA Iwlrlo;++ �., r„7,a,'�da„ra. Vr3�� it ?J,miir� �r „ir�r�9l�Ir,bi,a; mn�w Tom ... ..... ....� ..... ..... ....� ..... ......... ..... .... Page 134 of-45.1.5 .............................................. January 2022 Market Update 12/31/2021 35 Connecting Chemistry BG IB A 1::R G E:." I OCAT]ONS Al I "1 111. BRENNTAGAM11'. low ................................................................... January 2022 Market Update 1213112021 36 ,1q 4411" VAP 'mW, N" 'VV v A, P'J'A' 60 "V"'N flCll 11 e, o XI " W ")Al""l '400"0' f All, UNUTED STATES, ys, d4, ,f 1 NLA, f, e, /1" All, law" A A A4 A, Of ,",if F �""'V '�"Of�' X 'A fff" a A"O'O & -11/1-1 ............... ............ Af, *A Ift, lud xf G f mtxfcjo Til Type CUBA Ba, irgieof'/i C A", A I CA FA i'NA L-, ................................................................... January 2022 Market Update 1213112021 36 Connecting Chemistry BG V E:." S S E:." I I OCAT]ONS BRENNTAGAN11'. low ....................................................................................................................................................................................................................................................................................................................................... Page 1.36 Of -45.1.5 ......................................................................................................................... January 2022 Market Update 1213112021 37 ConnectingChemistry CAI::,)AE-flkI I "I" III::." 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Page 1-37 of 1.5-1.5 ......................................................................................................................... January 2022 Market Update 1213112021 38 M Consent Agenda 3/1/2022 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of January 2022. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $35,000 bid threshold for personal property, commodities, and services, or $100,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. All backup documentation is available upon request. Below is a list of the purchases for January 2022. Purchase Order # Vendor Amount 20821 UNITED RENTALS (NA), INC. $27,593.47 20834 DELL MARKETING LP $22,734.48 20842 ATLANTIC SOUTHERN PAVING $43,197.50 20843 ATLANTIC SOUTHERN PAVING $13,193.25 20846 ATLANTIC SOUTHERN PAVING $95,742.01 20848 ATLANTIC SOUTHERN PAVING $68,795.90 20867 MADSEN/BARR CORPORATION $52,895.00 20899 MADSEN/BARR CORPORATION $39,919.00 20905 STEP CG, LLC $17,719.46 20907 LZB RETAIL, INC. $18,177.97 20909 INSIGHT PUBLIC SECTOR $18,700.00 20930 S H I $12,069.59 20931 ATLANTIC SOUTHERN PAVING $80,662.41 00932 BIBLIOTHECA, LLC $25,012.61 20934 -1 AIR COLUTIONS, LLC $28,218.24 20935 MADSEN/BARR CORPORATION $10,327.50 20948 JOHNSON-DAVIS INC. $59,025.00 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Page 138 of 1515 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Addend..jim Description ddeind..:i Page 139 of 1515 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR JANUARY 2022 1. Vendor: UNITED RENTALS (NA), INC. Purchase Amount: $27,593.47 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 1/6/2022 Brief Description of Purchase: Emergency Repair - 24 -inch sanitary force main which was discharging intra -coastal. Source for Purchase: Confirming Order - Emergency Fund Source: 403-5000-535.65-04 2. Vendor: DELL MARKETING LP Purchase Amount: $22,734.48 Requesting Department: LIBRARY Contact Person: TIFFANY PAGAN Date: 1/10/2022 Brief Description of Purchase: The Library received an ARPA grant to purchase computers for public computer classes. Source for Purchase: Piggyback: National Cooperative Purchasing Fund Source: 105-5106-571.51-25 Alliance # NCPA01-42 3. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $43,197.50 Requesting Department: PUBLIC WORKS Contact Person: CARL FRUMENTI Date: 1/12/2022 Brief Description of Purchase: Rolling Green Ridge - Task 123 - Concrete sidewalk & ADA, NW 1 st and NW 2nd Street Source for Purchase: Contract # 010-2512-18 Fund Source: 303-4904-541.63-24 CP0263 303-4904-541.63-03 TR1701 4. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $13,193.25 Requesting Department: PUBLIC WORKS Contact Person: CARL FRUMENTI Date: 1/12/2022 Brief Description of Purchase: Boynton Ridge - Task 124 - Sidewalk repairs & ADA, NE 1st Way and NE 20th Avenue Source for Purchase: Contract # 010-2512-18 Fund Source: 303-4904-541.63-24 CP0263 303-4904-541.63-03 TR1701 5. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $95,742.01 Requesting Department: PUBLIC WORKS Contact Person: CARL FRUMENTI Date: 1/12/2022 Brief Description of Purchase: Boynton Ridge - Task 115 - Pavement resurfacing, NE 1st Way and NE 20th Avenue Source for Purchase: Contract # 010-2512-18 Fund Source: 303-4905-580.63-08 CP0266 6. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $68,795.90 Requesting Department: PUBLIC WORKS Contact Person: CARL FRUMENTI Date: 1/12/2022 Brief Description of Purchase: Rolling Green Ridge - Task 114 - Resurfacing, asphalt base repairs, milling, paving & pavement markings, NW 2nd Street Source for Purchase: Contract # 010-2512-18 Fund Source: 303-4905-580.63-08 CP0266 7. Vendor: MADSEN / BARR CORPORATION Purchase Amount: $52,895.00 Page 140 of 1515 Page 2 Page 141 Of 1515 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 1/14/2022 Brief Description of Purchase: Emergency repair at 24 -inch sanitary force main within the area of lift station 356. Source for Purchase: Contract # 019-2821-19 Fund Source: 403-5000-535.65-04 SW1801 8. Vendor: MADSEN / BARR CORPORATION Purchase Amount: $39,919.00 Requesting Department: GOLF Contact Person: TREMAINE JOHNSON UTILITIES Date: 1/21/2022 Brief Description of Purchase: Emergency repair for a collapsed 8 -inch gravity sewer main outside of pumping station 512. Source for Purchase: Contract # 019-2821-19 Fund Source: 403-5000-535.65-04 SW1801 9. Vendor: STEP CG, LLC Purchase Amount: $17,719.46 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 1/24/2022 Brief Description of Purchase: Extreme Networks for network switches, networking appliances and networking software that the City of Boynton Police Department utilizes require firmware and Operating system updates to ensure that they are secure and will work with new hardware and software platforms. The Extreme Networks maintenance provides access to these upgrades, advanced hardware replacement, and technical support. Source for Purchase: Piggyback: NASPO Fund Source: 001-2112-521.46-20 Contract #: 43220000-NASPO-19-ACS 10. Vendor: LZB RETAIL, INC. Purchase Amount: $18,177.97 Requesting Department: FIRE Contact Person: HUGH BRUDER Date: 1/24/2022 Brief Description of Purchase: Replacement of old recliners at the Fire Stations, utilized donation account. Source for Purchase: 3 Quotes Fund Source: 691-5000-590.04-97 11. Vendor: INSIGHT PUBLIC SECTOR Purchase Amount: $18,700.00 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 1/25/2022 Brief Description of Purchase: Annual support for Netmotion, Virtual private network (VPN) Software Source for Purchase: Piggyback: NASPO Fund Source: 001-2112-521.46-91 Contract #: 43230000-NASPO-16-ACS 12. Vendor: SHI Purchase Amount: $12,069.59 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 1/27/2022 Brief Description of Purchase: Annual product support for server Vmware virtualization software. Source for Purchase: Piggyback: National IPA Fund Source: 001-2112-521.46-91 Contract #: 2018011 13. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $80,662.41 Requesting Department: PUBLIC WORKS Contact Person: CARL FRUMENTI Date: 1/27/2022 Brief Description of Purchase: Task Order 116 - NE 4th Court and NE 3rd Street - Roadway milling and resurfacing, sidewalk repairs, ADA compliance, pavement markings. Page 2 Page 141 Of 1515 Page 3 Page 142 Of 1515 Source for Purchase: Contract #: 010-2512-18 Fund Source: 303-4905-580.63-08 CP0266 303-4904-541.63-24 CP0263 303-4904-541.63-03 TR1701 14. Vendor: BIBLIOTHECA, LLC Purchase Amount: $25,012.61 Requesting Department: LIBRARY Contact Person: TIFFANY PAGAN Date: 1/27/2022 Brief Description of Purchase: Annual hardware and software maintenance agreement for the Library's security gates, self check kiosks, and automated materials handling system purchased from Bibliotheca. Source for Purchase: Sole Source Fund Source: 001-2610-571.46-20 001-2610-571.46-22 15. Vendor: A-1 AIR SOLUTIONS, LLC Purchase Amount: $28,218.24 Requesting Department: UTILITIES Contact Person: HOWARD KERR Date: 1/27/2022 Brief Description of Purchase: Replacement of cooling unit for the equipment building adjacent to the main building at the West Water Treatment Plant. The current unit is over 15 years old and has been repaired several times. The building houses expensive equipment that runs the West Plant operations and needs to be cooled at all times. Source for Purchase: Contract #: 012-2511-20 Fund Source: 403-5000-533.65-02 WT2102 16. Vendor: MADSEN / BARR CORPORATION Purchase Amount: $10,327.50 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 1/27/2022 Brief Description of Purchase: Emergency repairs at 1451 NW 1st Court & 1450 NW 1st Street, 6 -inch sewer lateral repair. Source for Purchase: Contract #: 019-2821-19 Fund Source: 401-2815-536.49-17 17. Vendor: JOHNSON-DAVIS INC. Purchase Amount: $59,025.00 Requesting Department: UTILITIES Contact Person: HOWARD KERR Date: 1/31/2022 Brief Description of Purchase: Task order # WP -09-2022: West Water Treatment Plan Inflow Valve - installation of an isolating valve to prevent shutting down the west wells for maintenance and construction. Source for Purchase: Contract #: 028-2821-19 Fund Source: 403-5000-533.65-02 WT2102 Page 3 Page 142 Of 1515 104 Consent Agenda 3/11/2022 Requested Action by Commission: Proposed Resolution R22-034 - Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Common Grounds Boynton located at 1517 S Federal Highway, Boynton Beach, FL 33435. Explanation of Request: The City's new Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff has received a complete grant application from Common Grounds Boynton located at 1517 S Federal Highway, Boynton Beach, FL 33435. Common Grounds Boynton's mission is to create coffee and community. They are a place for people to gather, work, socialize, rest, and enjoy the very best coffee drinks and pastries. The applicant will utilize the grant funds to update and renovate their website to align with their recent rebrand. The goal of their project is to design their website to be more searchable to the community around them through keywords and will include educational videos and special offers for those who visit the site. The e- commerce section of their website will be built How will this affect city programs or services? Approval of this application will allow the City's Department of Economic Development and Strategy to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Fiscal Impact: Budgeted. The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business Grant Program in FY 21-22. Common Grounds Boynton will receive $2,500. Alternatives: Do not approve the grant application. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: N/A Is this a grant? Yes Page 143 of 1515 Grant Amount: $2,500 Attachments: Type D IRE)S()l� LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t D (3)iraint App�icatioin Description IRE)SOkAboin approviing Agir'E)E)irTIE)l['It for Coirnirnoin ('34'OLAinds (3)iraint appicatioin for fUlinding ('34'aintAgir'E�IENrTIENI'lt (3)iraint Appicatioin Coirnirnoin ('34'OLAindsIi:: oyintoin Page 144 of 1515 1 RESOLUTION NO. R22 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 GRANT AGREEMENT FOR THE MARKETING AND DIGITAL 6 CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE 7 AMOUNT OF $2,500 FOR COMMON GROUNDS BOYNTON LOCATED AT 8 1517 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL 33435.; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City's new Marketing and Digital Connectivity Small Business Grant 13 Program was created to provide eligible new and existing small businesses with a 14 reimbursable grant for expenses associated with marketing and/or developing an e- 15 commerce platform; and 16 WHEREAS, the applicant will utilize the grant funds to update and renovate their 17 website to align with their recent rebrand and to design their website to be more 18 searchable to the community around them through keywords and will include educational 19 videos and special offers for those who visit the site; and 20 WHEREAS, Approval of this application will allow the City's Department of 21 Economic Development and Strategy to help local small businesses improve the quality 22 and effectiveness of their marketing to help reach a broader market. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 24 OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 26 as being true and correct and are hereby made a specific part of this Resolution upon 27 adoption hereof. 28 Section 2. The City Commission approves and authorizes the City Manager to 29 sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant 30 Program funding in the amount of $2,500 for Common Grounds Boynton located at 1517 31 South Federal Highway, Boynton Beach, FL 33435, a copy of which is attached hereto and 32 incorporated herein as Exhibit "A", 33 Section 3. This Resolution shall become effective immediately upon passage. S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Common Grounds) - Reso.DocxPage 145 of 1515 34 PASSED AND ADOPTED this 1 st day of March, 2022. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE YES NO S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Common Grounds) - Reso.DocxPage 146 of 1515 am e NMI T J! I W. Tel; ffil: I I � R THIS AGREEMENT is made this day of 9 2022, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as /I I "CITY," and C04cLn-)�s —, hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the: CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 1 Page 147 of 1515 PFF ]3. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission, 11. PAYMENT PROCEDURES, CONDITIOT14S A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY, B. if the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold, temporarily or permanently; all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. F All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions, do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing Y's right to be repaid in the event contained herein shall act as a limitation of the CIT the GRANTEE fails to comply with the terms of this Agreement. is Page 148 of 15 Ill. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non -defaulting Party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of'the non -defaulting party. B. In the event that the defaulting party fails to cure the default, the non -defaulting party shall have the right to terminate this Contract, The effective date of the termination shall be the date of the notice of termination, GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program. V. GRANT AMOUNT The total grant is ME TWO Thousand Dollars ($_2,500 .. ). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the Capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement, 3 Page 149 of 1515 VIII. INDEMNIFICATION The GRANTEE agrees to Protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servants employees or officers, nor shall the liability limits set forth in section 768.28, Florida. Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. INSURANCE GRANTEE must provide the CITY with evidence of insurance as follows: general liability insurance - $ 1,000,000; umbrella - $ 1,000,000; and evidence of auto liability insurance and worker's compensation insurance. The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. XL REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 1003ob2o6 2 306-9401821 IC Trogram fjjca (X86)'tNeevifl COMlD-eeon'erlerpr-' Temp", V1)C10 AEE6562-AC49-41OA-9055-SF649474F I 6C\B.y.M Beach 1{x786.1 Crint—Agreement_(00306206.2xc4b6a) DOcX Page 150 of 1515 XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any Provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV, SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager City of Boynton Beach Page 151 of 1515 F-- P.O. Box 310 Boynton Beach, FL 33425 Telephone No, (561) 742-6010 Facsimile (561) 742-6011 with a copy to: jw-nes A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY By:_ Print: Name: Crystal Gibson, MPA, MMC, City Clerk of the City Attorney Office �"T- ellato, Common Grounds Boynton By: Print: --,,Ke111- )1 Qlivp Title: Owner ATTEST: A I rint Name: Title: (CORPORATE SEAJ Page 152 of 1515 EXHIBIT "A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your business' way Of communicating, delivering, and exchanging information about your company to an audience, It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick -and -mortar to online. Having the ability to process sales directly online builds your customer base and allows your, business to reach new customers, Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with, their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick -and -mortar location. The purpose of this, grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. The City's Miarketing and Digital Connectivity Small Business Grant was created, to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City Will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first -qualified, first-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability. The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Department of Economic Development and Strategy. Page 153 of 1515 Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Business must have at least one (1) commercial brick -and -mortar location in the City of Boynton Beach with an executed lease agreement. • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels Of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all, eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries Travel and accommodations Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be, eligible for reimbursement. Grant applicants may apply for one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Required Documentation with Application Page 154 of 1515 7 Application packets must include the following documentation: 1. Completed and signed application 2. W9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business Tax Receipt 4. copy of corporate documents for the applying business entity. S. Copy of executed multi-year commercial lease agreement. 6, Written detailed description of your project and' budget estimates. The project budget must provide a total cost for the project. Approval of Funding Request once eligibility is verified and all required documentation has been submitted, City staff will place the application on, the next available City Commission agenda for review and potential approval. The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org/events/list. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the city's fund's being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement, if approved, the applicant will have until September 1, 2022 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"'; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City's Department of Economic Development and Strategy at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation, on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in: full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. Page 156 of 1515 Program Civeirvibw C111-ty of Boyintoin Beach IMairIketiling aindiii iii- III Coininectilivill-ty Sima111111 Busilliness Giraint (Piro irairnn Oveirviie Marketing is your bu.sine s.s' way of Communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and po'ten'tial customers. As a .small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ul'tima'te coal of generating more .sales. With new mediums of communication, available platforms and economic shifts in consumer spending, 'the City also recognizes the Importance of a -commerce for .small businesses. E -commerce allows businesses to grow 'their customer base, generate new sales, and benefit from the ,shift in ,shopping from brick -and -mortar to online. Having the ability to process .sales directly online builds your customer base by allowing your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed 'them to stay connected with 'their customers a.s'their physical location was shut down. With a -commerce your customers are no longer limited to 'those who can visit your brick" -and -mortar location. Fhe Coal of this grant is to help local .small businesses improve the quality and effectiveness of their marketing to help reach a broader market. the City's Marketing and Digital Connectivity Small Business Grant was created to .support new and existing .small businesses with marketing and/or developing an a -commerce component to 'their business. the Carty will provide eligible .small businesses with a reimbursable grant for expenses associated with marketing and/or the development of an a - commerce platform 'for 'their business. Eligible uses completed and paid for prior to grant approval will not be eligible for reimbursement. the maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e-commerce uses' for which the applicant seeks grant reimbursement. fha grant is awarded can a'first qualified, 'first-served basis. All applications are subject to City Commission approval. Submitting an application 'to'the program is NOF a guarantee of funding. All applications are subject 'to'funding availability. fha City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sola and absolute discretion, it determines 'that 'the business will not advance the coals and objectives of the City's Department of Economic; Development and S'tra'tegy. 1lRequuiiired IDocunirnneirntatilon wfth ApIpflication Application packets must include the 'following documen'ta'tion: 1. Completed and signed application 2. VV9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business fax Receipt Page 157 of 1515 4. Copy of executed multi-year commercial lease agreement or proof of ownership. 5. Wri ten detailed description of your project and budget estimates. Fhe project budget must provide a 'total Cost for the project. Page 158 of 1515 II®Ilii iiWilliity 1lRequiiireirttneirnts • Business roust be located within the City of Boynton Beach city limits • Business roust have between 1 and 25 employees • Business must have at leant one (1) commercial brick -anti -mortar location in the Ci'ty of Boynton Beach with an executed lease agreement or proof of ownership. • Applicant must be a 'for-pro'fi't privately held business. Non organizations and home-based businesses are NO f eligible 'for 'funding through this program. a Must be properly licensed by all necessary levels of government and professional associations or agencies, including Ci'ty of Boynton Beach Business fax Receipt (B FIR). fhe City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: • Development of a marketing/social media plan • Design of marketing materials and con'ten't • Website design • Web promotions (e.g. %acebook ads) • Print and FV advertisements a Social media development and assistance • Marketing consul'tan'ts • Brand and logo design • I commerce software and development • Equipment to support marketing efforts Ineligible uses include but are not limited to: • Sponsorship 'fees • Website hosting/main'tenance'fees • S'ta'ff salaries • fraval and accommodations • Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. fha Ci'ty reserves the right to approve or deny any use, in its scala and absolute, discretion, it determines does not meet the intended goals and objectives of this program. Page 159 of 1515 i-floin ll II ire-f0irim-iiiOin Iplpiraavall of Fundifing Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and po'ten'tial approval. Fhe City Commission can approve or denial any aren't application at its ,pole discretion. Fhe City Commission meets on 'the'first and 'third Tuesday of each month. Fhe schedule for City Commission Meetings can be obtained at www.boyn'ton..-bea(ah.org/even't,a/list. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the aren't applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will no'ti'fy the applicant of approval or denial. 1lReiirnnlbuuirseirnneint IPiraacess Phis program is designed as a reimbursement aren't. That is, all project costs must be peed for by the aren't applicant pricer to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid For after the applicant has received notification 'that 'their aren't application has been approved by the City Commission. Any work/costs associated with the project that was completed prix r'to receiving aren't approval is ineligible for reimbursement. If approved, the applicant will have until September 1, 2022 to submit for reimbursement. Fhe following documen'ta'tion is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidences of payment to vendor. or consul'tan'ts that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the 'fron't and knack of the cance"lle"d check for work that was completed as part of the project. 3. Other e"vide"nce" of payment for work completed as part of the project. *No cash payments will be accepted as e"vide"nce" in support of a request for reimbursement. SU.DIQIRISS11o11M OF AIM AIPIPILII A'Tf11o11M IIS IMOTf A GUAIRAIMTIEIE OF IFU.DIMIDIII V IIt its the irespoirnsi Uilliity of the alplplliicairnt to IRIEAID MMIC U.11IMIDIEIRSTAIMID x1111 aspects of the Giraint (Piro irairnn AIpIplliicatuaaun and Guiidellifines.. IMOTfIICIE 'Tfo'Tf1111111RID IP IRTfIIIE „'The giraint alplplliicatuaaun Ipiraa irairnn does unset cireate any irii hts'II'aair any Ipairties, iiunclluudiiun Ipairties that performed work on the IpiroJect. IMoir shaIIII iissuuaunce of a giraint iresuullt iiun any aa1b11ii atuaaun on the Ipairt of the Ciity of 1Boyuntaaun 1Beach to any th iird Ipairty, 'Tfhe Ciity its unset irequuiiired to veiriif.y that entities that limns contracted nth the alplplliicaint limns lbeeun Ipaiid iiun 11'uu1111, oir that such entities limns Ipaiid any subcontractors iiun 11'uull11„ Iplplliicaint's wnirrainty that All Wi1111s irellated to the IPiroJect'll"or whiich the alplplliicaint its diiirectIly irespaaunsiiUle its suulftuciie nt assuuiraince 11'aair the Ciity to aaird iraint'll'uuundiiun „ Page 160 of 1515 Alplplhtafibin GIIIRAINT AlIP111PIL111CAT1110IN 113 U III If® III II: O If 11 'TII O I IBusiilrnesslMalrnne* (d/b/a if applicable) 561 5()9..-6983 Common Grounds Boynton IFed IIII O 84-242; 649 II®Irnnaiill* kelly@commongroundsbr.com IBusiilrnessAddlress* Street Address Square (Footage 1 517 S Federal Hwy Current ILocaUolrn Address Line 2 City State / Province / Region Boynton Beach Fl._ Postal /Zip Code Country 33435 USA Websiite www.commongroundsbr.com IBusiilrness Phone* CeIIII* 561 5()9..-6983 561;s86.7552 BuSIllrneSS Status* Existing Business (.) New Business IMu irnnbelr oll' Years iilrn II_xiistelrnce Tfiilrnne at Current ILocaUolrn 2 2 Square (Footage 1,900 Current ILocaUolrn (Lease Aglreelrnnelrnt* Yes C) No IIMolrnthIly 1Base Rent $ 3,020.5() IMulrnnThe lr of 7 IEE lrnn pll oyees Ty. pe of 1Bu.uslllrness Coffee Shop IMiissiiolrn Statelrnnelrnt* Please provide a 2-3 sentence mission statement for the applying business entity. We are about creating Coffee and community. We are a place for people to gather, work, socialize, rest, and enjoy the Very best Coffee dunks and pastries. 1F111ROSE-C"T IIDII® CII 1111FI X11 II Page 1E 1 of 1515 IE- liigiiblle Uses* Please select all the eligible uses you are seeking grant reimbursement for Development of a marketing/social media plan (..,,1 Design of marketing materials and con'ten't Website design 1 Web promotions (e.g. Facebcocok ads) Print and T4/ advertisements �...,,.I Social media development and assistance Marketing consul'tan'ts (..,,1 Branca and logo design I I®.commerce software and development (..,,1 Equipment to support marketing efforts 1 Other PiraoJect IDescidIpU oirn * Provide a detailed description of your project. Our current website is a poor represen'ta'tion of who we are at the heart of our business. Your website is the 'face of your business and it doesn't look like us! We have recently rebranded and need to update and renovate the website. Fhe infrastructure is good but the look is not. Project IlirnnlpactProvide a detailed description of how the project will be utilized by the grant applicant and how it will help reach a broader market. Common Grounds Boynton, the grant applicant, will work with a local design company to keep funds local to expand our reach to a broader market by designing our website to be more searchable 'tco'the community around us through keywords and will Include educational videos and special offers 'for 'those who visit the site. IPirao,pect"s 'Tfaotall Cost` $ 3,000.00 'Tfaotall Grant IFu.uirndiiirng What is the total grant amount you are requesting? Request* 2,500 IE-sfuirnnated What is the estimated project completion date? CaoirnnlplleU oirn (Date* 6/15/2022 If1If111_11CAINT IIII If= If ll 'Tll l 11:3 riilrioiilpall/113uau iilrieOwner IMairnne* Justin Olive Tfiiftle * towner II®irnnaiill* justin@commongroundsbr.com Phone* 61 a68-0433 Add Il�iriiirncillira 111/II3u.asiiirxa ss Owirxa it Other IP raogirairnns � Are you applying for additional loan/grant assistance under any other program(s) offered by the City of Boynton Beach or BBCRA? C) Yes ls; No Mandatory Documents Upload Page 162 of 1515 W I:-onrwi* For acopy mablank vV-eForm click this link. w9 Common Grounds Boymmn.pdf 710.68KB Click hensbzdownload mblank VV-SForm. BusUness 'Tau Copy o,City o,Boynton Beach Business Tax Receipt RecUepu~ Boynton BFIR 2O21_2O22.pdf 154.55KB CommmmemoUaULease Copy o,executed multi-year commercial lease agreement Agmeemmenu(Uf oad appUUcabUe) �—�--� One Boynton #1517Common Grounds Brew and X38.22MB RomsteryLLC Lease eiQnedpdf Property OwneirshUlp Documentation showing ownership o,the commercial property (Uf appUUcabUe) Project Budget ~ Please provide a detailed project budget. The project budget must provide a cost breakdown of each eligible use and atotal cost o,the project. Common Grounds project BudQet.pcf 13425KB X GiranuAgireemmenu* Please sign the attached Grant Agreement Common Grounds Boynton Grant AQreementpcf 297.97KB X Click hensfor mcopy ofthe Grant Agreement. SUgnatume* Sign Page 163 of 1515 1" Consent Agenda 3/11/2022 Requested Action by Commission: Proposed Resolution No. R22-035 - Approve ARPA Subrecipient Grant Agreement with Florida Atlantic University's Tech Runway to provide local Boynton Beach entrepreneurs and small business owners, who have experienced negative economic impact due to the COVID-19 pandemic, access to personalized training programs that will help individuals build a business or grow an existing business, for the total amount of $60,000.00. Explanation of Request: The COVI D-19 public health emergency has created negative economic impacts across the globe, especially to small businesses and entrepreneurs facing financial insecurity, substantial declines in gross revenues, and those with less capacity to weather financial hardship such as the smallest businesses and business start-ups with less access to credit and those serving disadvantaged communities. The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal Recovery Funds. The City of Boynton Beach will have received a total of $13,647,904 in Fiscal Recovery Funds by May 2022. On December 7, 2021, the Boynton Beach City Commission approved a Master Spending Plan which allowed for small business grants and technical assistance, which are eligible uses of funds under the ARPA guidelines, to be provided to the Boynton Beach business community with Fiscal Recovery Funds. FAU Tech Runway has a vast network of resources and access to experts that can help entrepreneurs take that next step and develop their business and/or assist existing business owners with expanding/refining their operations to grow their business and adapt to the pandemic recovery. The City would like to partner with FAU as a subrecipient of Fiscal Recovery Funds, to provide scholarships to eligible individuals wanting to benefit from FAU Tech Runway's technical assistance programming, for a total expenditure of not more than $60,000.00. FAU Tech Runway offers two (2) programs: 1.) Market Validation Program (MVP) After completing this 3- to 4 -week program, participants will be able to identify or validate unmet market needs; discover their product market fit; refine their business thesis and value proposition; identify gaps and assumptions in their business model canvas; de -risk their company/startup; gather qualitative data; search for grant funding mechanisms; obtain a free consultation with a Small Business Development Center (SBDC) consultant; build a network of potential early adopters/partners/customers; and learn about FAU Tech Runway, ACE Business Plan Competition, ACE Entrepreneurial Bootcamp, FAU Wave, and SBDC at FAU. Cost: $100/participant 2.) Entrepreneurship Boot Camp An intensive 8 -week certificate program that will be administered through a 3 -hour class once a week. Participants will also receive access to mentors for business support. All participants will receive a Florida Atlantic University Certificate upon satisfactory completion of all sessions. This program is designed to develop a thorough understanding of how to deliver value to your customer; how to validate an Page 164 of 1515 effective business model; how to write an effective business plan; how to pitch a plan to investors; how to determine sales methods and how to project sales revenues and expenses; how to find seed funding for your new venture; discover the most effective research tools available, from using databases in researching competition to understanding customer segments; how to create a valuable marketing plan; how to gain investor attention from family and friends, crowdsourcing, SBA, and institutional funding. Cost: $500/participant To be eligible to receive a scholarship for one or both programs, the entrepreneur/small business must have experienced a negative economic impact due to the COVID-19 pandemic and be able to demonstrate this with documentation. How will this affect city programs or services? These ARPA funded programs will address priorities established by the U.S. Treasury to support economic stabilization for households and businesses and to address economic challenges that have contributed to the disproportionate impact of the pandemic. There will not be any direct impact on City services or programs, but will help to further the goals and objectives for economic development in the City. Fiscal Impact: These participant scholarships are being funded solely by ARPA dollars and will not impact the City's General Fund. Alternatives: None at this time. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Utilizing ARPA funding to provide technical assistance to entrepreneurs and small businesses in the City of Boynton Beach will address the City Commission's Strategic Priority 2.2 for Building Wealth in the Community through Local Business Education, Resources, and Support Programs. Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D RE)S()lLAti0111 DgirEs'E)rTIE)111 l D AttachirTIEN11t Description RE)S akAtior: approviirig AI[RPA w: L.Jbir'El:cilpiEsirlt girE)E)rT1as1[':f with Il:::: L.i Tbch I1:RLA1r:Wa1y AI[RPA S Ulbir'Es'Cil liEsirilgrEs1ENrYIEN11l...II:::: L.D Tbsch f LAII':vrra:ly AI[RPA S Ulbir'Es'Cil liEsirilgir'EsIENrTIE)rit Attach irTIENril A... Sa::a:al as Of SE)irvia::asa:>...II:::: L.D TbchIRLA1raM.-ly Page 165 of 1515 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 RESOLUTION R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE ARPA SUBRECIPIENT GRANT AGREEMENT WITH FLORIDA ATLANTIC UNIVERSITY'S TECH RUNWAY TO PROVIDE LOCAL BOYNTON BEACH ENTREPRENEURS AND SMALL BUSINESS OWNERS, WHO HAVE EXPERIENCED NEGATIVE ECONOMIC IMPACT DUE TO THE COVID-19 PANDEMIC, ACCESS TO PERSONALIZED TRAINING PROGRAMS THAT WILL HELP INDIVIDUALS BUILD A BUSINESS OR GROW AN EXISTING BUSINESS, FOR THE TOTAL AMOUNT OF $60,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the COVID-19 public health emergency has created negative economic impacts across the globe, especially to small businesses and entrepreneurs facing financial insecurity, substantial declines in gross revenues, and those with less capacity to weather financial hardship such as the smallest businesses and business start-ups with less access to credit and those serving disadvantaged communities; and WHEREAS, The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal Recovery Funds (CSLFRF); and WHEREAS, On December 7, 2021, the Boynton Beach City Commission approved a Master Spending Plan which allowed for small business grants and technical assistance, which are eligible uses of funds under the ARPA guidelines, to be provided to the Boynton Beach business community with Fiscal Recovery Funds; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents to approve and authorize the Mayor to sign the ARPA Subrecipient Grant Agreement with Florida Atlantic University's Tech Runway to provide local Boynton Beach entrepreneurs and small business owners, who have experienced negative economic impact due to the COVID-19 pandemic, access to personalized training programs that will help individuals build a business or grow an existing business, for the total amount of $60,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RBSO\Agreements\ARPA Subrecipient Agreement with FAU Tech Runway - Reso.docx 1 Page 166 of 1515 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 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the Mayor to sign the ARPA Subrecipient Grant Agreement with Florida Atlantic University's Tech Runway to provide local Boynton Beach entrepreneurs and small business owners, who have experienced negative economic impact due to the COVID-19 pandemic, access to personalized training programs that will help individuals build a business or grow an existing business, for the total amount of $60,000.00, a copy of the Agreement is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 1 st day of March, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RBSO\Agreements\ARPA Subrecipient Agreement with FAU Tech Runway - Reso.docx 2 YES NO Page 167 of 1515 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES THIS AGREEMENT entered into this 1 st day of March 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and the FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES ON BEHALF OF FAU TECH RUNWAY. hereinafter referred to as "the SUBRECIPIENT," having its principal office at 777 Glades Road, Building ME -104, Room 314, Boca Raton, FL 33431 and its Federal Tax Identification Number as 65-0385507. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A — Coronavirus State and Local Fiscal Recovery Funds. {00496155.2306-9905603} Page 1 of 9 Page 168 of 1515 1.8 "Program Income" Intentionally Omitted. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, including but not limited to non -Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Sixty Thousand Dollars and 00/100 ($60,000.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECI PI ENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Sixty Thousand Dollars and 00/100 ($60,000.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that SUBRECIPIENT utilizes in a manner that does not comply with any and all requirements for use of ARPA funding. 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a fixed price basis and will disburse payments once per quarter unless there is a mutual written {00496155.2306-9905603} Page 2 of 9 Page 169 of 1515 agreement otherwise. Invoices shall be submitted by the SUBRECIPIENT no later than 4:00 pm on the 15th day of the month following each quarter and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement more fully described on Attachment A. 3.4 Prior to receipt of ARPA funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures for which payment is sought. 3.5 Release of funds is subject to the approval of the ARPA Project Manager, Finance Director, and/or City Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2021 to September 30, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part after giving written notice to the other party of the alleged failure or violation and a reasonable opportunity to cure the alleged failure or violation. If payments are suspended pursuant to this section, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ARPA funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the CITY shall pay the SUBRECIPIENT for (i) allowable services performed under this Agreement or already scheduled to be performed and for which participants have {00496155.2306-9905603} Page 3 of 9 Page 170 of 1515 registered and (ii) all non -cancelable obligations for the term of the Agreement, which may include all appointments of staff incurred prior to the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon given at least ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant closeout for a period of three (3) years. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. Program Income rules are not applicable to this Agreement. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including 2 CFR part 200, subpart E, OMB A-21, 2 CFR part 200, subpart F. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil {00496155.2306-9905603} Page 4 of 9 Page 171 of 1515 Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; and Executive Order 11246, as amended which requires equal employment opportunity; and with the Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to 31 CFR 35.6, the Treasury Department Interim Final Rule, with amendments, effective April 1, 2022 and Treasury Department CSLFRF Frequently Asked Questions and Treasury Department CSLFRF Compliance and Reporting Guidance, as the same may be updated from time to time. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. SUBRECIPIENT shall endeavor, in good faith to include lower-income residents of the project areas in the funded programs. 9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by the Treasury. The SUBRECIPIENT shall allow the CITY or the Treasury to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or the Treasury. Ongoing monitoring of the SUBRECIPIENT will be done through quarterly reporting from the SUBRECIPIENT to the City. Reporting requirements will be based upon the SUBRECIPIENT'S risk assessment and in compliance with the CSLFRF Compliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. Monitoring will include identification of deficiencies in meeting stated requirements in Article II of this agreement and follow-up to ensure appropriate remediation. 9.6 Audits: Any non-federal agency and/or non-profit organization that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with 2 CFR 200, Subpart F, although their records {00496155.2306-9905603} Page 5 of 9 Page 172 of 1515 must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the latest audit report must be provided to the CITY promptly following its request. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of 2 CFR 200, Subpart E — Cost Principles b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit Requirements). c. Applicable provisions of 31 CFR 35.6. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, in violation of law, 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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY 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 Agreement. 9.9 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the ARPA Project Manager, certificate(s) of current self-insurance coverage. 9.10 Property: All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the ARPA national objective that will be met. {00496155.2306-9905603} Page 6 of 9 Page 173 of 1515 All nonexpendable personal property purchased in whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. The parties acknowledge and agree that this Agreement does not include or contemplate the SUBRECIPIENT's purchase of Property and this Section 9.11 and Section 9.12 do not apply. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties {00496155.2306-9905603} Page 7 of 9 Page 174 of 1515 and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 -day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be the final decision of the CITY. 9.17 Liability: Each party will be responsible for its negligent acts or omissions, and the negligent acts or omissions of its officers, employees, servants, and agents when acting within the scope of their employment or agency, and agrees to be liable for any damage or injury resulting from said negligent acts or omissions, subject to the limitations provided under Section 768.28 of the Florida Statutes. Nothing contained herein, or in any term or condition contained within this Agreement shall be construed or interpreted as (1) denying to any party any remedy or defense available to such party under the laws of the State of Florida; (2) consent by either party to be sued except as authorized under Section 768.28 of the Florida Statutes; (3) a waiver of sovereign immunity by either party or their affiliates, the State of Florida or any of their respective officers, employees, servants, agents, agencies, political subdivisions, or public bodies corporate beyond the waiver provided in Section 768.28, Florida Statues; or (4) constituting a hold harmless agreement on the part of either party. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. 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. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. SUBRECIPIENT may retain copies of all such records for purposes of complying with its records retention policy. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT 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 Agreement and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the {00496155.2306-9905603} Page 8 of 9 Page 175 of 1515 Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 2022. WITNESSES: The Florida Atlantic University Board of Trustees By: Print Miriam Campo, Assistant Vice President for Research Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 20_7 by Personally Known _ OR Produced Identification _Type of Identification Produced Seal ATTEST: City Clerk NOTARY PUBLIC Signature Print CITY OF BOYNTON BEACH, FLORIDA Mayor Approved as to form: City Attorney {00496155.2306-9905603} Page 9 of 9 Page 176 of 1515 City of Boynton Beach ARPA Subrecipient Subaward Agreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT "A" - SCOPE OF SERVICES Project Name: ARPA SMALL BUSINESS TECHNICAL ASSISTANCE PROGRAM ARPA Funding Economic Stability and Resilience Priority: Project Location: Florida Atlantic University 901 NW 35th Street Boca Raton, FL 33431 Project Manager: Jessica Beaver, Assistant Director Company: The Florida Atlantic University Board of Trustees / FAU Tech Runway Tax ID Number: 65-0385507 Contact Name: Miriam Campo, Assistant Vice President for Research Contact Email: campom@fiu.edu Contact Mailing 777 Glades Road Address: Building ME -104, Room 314 Boca Raton, Florida 33431 Project Description To provide local Boynton Beach entrepreneurs and small business owners, who have been economically impacted by the COVID-19 pandemic, access to personalized training programs that will help individuals build a business or grow an existing business. FAU Tech Runway has a vast network of resources and access to experts that can help entrepreneurs take that next step and develop their business and/or assist existing business owners with expanding/refining their operations to grow their business and adapt to the pandemic recovery. Eligibility Requirements • Business/potential business must be a for-profit business. • Business/potential business must be located within the city limits of the City of Boynton Beach. • Entrepreneur/small business must have experienced a negative economic impact due to the COVID-19 pandemic and be able to demonstrate this with documentation of at least one of the following: • Businesses facing financial insecurity (substantial declines in gross receipts of 24% or more); or • Businesses with less access to credit (low credit score or previous loan rejection); or • Businesses serving disadvantaged communities. Market Validation Program (MVP) The Market Validation Program is a customer discovery program that challenges participants to define their product market fit by talking to customers. Participation in MVP will help entrepreneurs clearly communicate the following: what is your product, who is your customer and why do they care? This is accomplished through a 4 -week program where entrepreneurs talk to potential customers to uncover pain points, challenges, and needs. The Page 177 of 1515 Page 178 of 1515 program consists of a kickoff workshop (in person), two office hour check-ins (30 minutes each, can be virtual) and a finale presentation (in person). A total of 25 customer discovery interviews will be conducted throughout the program as well as weekly presentations. After completing this program, participants will be able to: • Identify or validate unmet market needs • Discover your product market fit (i.e. who is your customer and what needs are you fulfilling) • Refine your business thesis and value proposition • Identify gaps and assumptions in your business model canvas • De-risk your company/startup by conducting customer discovery interviews • Gather qualitative data which can be used in future pitches/meetings/company pivots • Search for grant funding mechanisms • Obtain a free consultation with a Small Business Development Center (SBDC) consultant • Build a network of potential early adopters/partners/customers • Learn about FAU Tech Runway, ACE Business Plan Competition, ACE Entrepreneurial Bootcamp, FAU Wave, and SBDC at FAU Cost: $100/participant Entrepreneurship Boot Camp The Entrepreneurship Boot Camp will provide a comprehensive and systematic approach to starting and growing a business. Individuals can begin this program at any phase in their business development. This is an intensive 8-week certificate program that will be administered through a 3-hour class once a week. Participants will also receive access to mentors for business support. All participants will receive a Florida Atlantic University Certificate upon satisfactory completion of all sessions. This program is designed to develop a thorough understanding of the following: • How to deliver value to your customer • How to validate an effective business model • How to write an effective business plan • How to pitch a plan to investors • How to determine sales methods and how to project sales revenues and expenses • How to find seed funding for your new venture • Discover the most effective research tools available, from using databases in researching competition to understanding customer segments • How to create a valuable marketing plan • How to gain investor attention from family and friends, crowdsourcing, SBA, and institutional funding. Cost: $500/participant Deliverables: Metrics: the number of attendees. (Metrics/Outcomes) Outcome: 80% overall graduation of individuals from the programs. Payment Terms: Fixed Priced. Payment on quarterly basis when provided proof of registration and proof of eligibility for participating individual. All quarterly reports and corresponding eligible expenditure documentation must be provided to the ARPA Project Manager at IIS„ it ..,..ta a l!.,.us no later than 4:00 pm on the 15tH Page 178 of 1515 BUDGET The funding will go directly to scholarships for eligible individuals to participate in one or both of FAU's Tech Runway training programs. The total cost to participate in both of FAU's programs is $600 per person. The cost to participate in the MVP only is $100 per person. The cost to participate in the Entrepreneurship Boot Camp only is $500 per person. Total Cost of the Program: $60,000 Page 179 of 1515 day of the month following each quarter, until project is Closed Out by the City. (See Quarterly Reporting Schedule below). The City will make payment within thirty (30) days of receipt of the required registration and invoice. The Subrecipient will be notified in writing by the ARPA Project Manager of any expenditures that are deemed non -eligible. All other terms of this ARPA Subrecipient Agreement apply. Project Timeline: Project Start Date: Upon receipt of funding. Project End Date: At Project Close Out by the City, and no later than December 15, 2024. Subrecipient must provide quarterly reports as indicated in the Quarterly Reporting Schedule below. Quarterly reports must include: • All ARPA funds received from the City for each quarter and total to date. • All ARPA funds expended for each quarter and total to date. • Number of approved registrations for each program within quarter and total to date. • All eligibility documentation for each registrant approved. • All metrics and outcomes for each quarter and total to date. Quarterly Reporting Schedule Report Year Quarter IPeiriiod Covered IDue ICDate 1 2022 1 January 1— March 31 April 15, 2022 2 2022 2 April 1— June 30 July 31 July 15, 2022 3 2022 3 July 1— September 30 October 15, 2022 4 2022 4 October 1— December 31 January 15, 2023 5 2023 1 January 1— March 31 April 15, 2023 6 2023 2 April 1— June 30 July 31 July 15, 2023 7 2023 3 July 1— September 30 October 15, 2023 8 2023 4 October 1— December 31 January 15, 2024 9 2024 1 January 1— March 31 April 15, 2024 10 2024 2 April 1— June 30 July 31 July 15, 2024 11 2024 3 July 1— September 30 October 15, 2024 12 2024 4 October 1— December 31 January 15, 2025 BUDGET The funding will go directly to scholarships for eligible individuals to participate in one or both of FAU's Tech Runway training programs. The total cost to participate in both of FAU's programs is $600 per person. The cost to participate in the MVP only is $100 per person. The cost to participate in the Entrepreneurship Boot Camp only is $500 per person. Total Cost of the Program: $60,000 Page 179 of 1515 6.E. Consent Agenda 3/11/2022 Requested Action by Commission: Proposed Resolution No. R22-036 - Approve ARPA Subrecipient Partnership Agreement with Citrus Cove Elementary School for purchases of equipment and materials for the S.TE.A.M Exploration Lab, that can be utilized in grades Pre -School through Grade 5, in the amount of $15,500.00. Explanation of Request: The COVI D-19 public health emergency has created negative economic impacts across the globe, including disproportionate educational disparities within high -poverty school districts. The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal Recovery Funds (CSLFRF). The CSLFRF Final Rule, which is the governing document for use of ARPA funds, identifies as eligible uses evidence -based services to address the academic, social, emotional, and mental health needs of students. The City of Boynton Beach will have received a total of $13,647,904 in Fiscal Recovery Funds by May 2022. On December 7, 2021, the Boynton Beach City Commission approved a Master Spending Plan which allowed for funding assistance through direct allocation subrecipient partnerships to Title 1 Schools in the City of Boynton Beach to address and mitigate disproportionate educational disparities compounded by the COVID-19 public health emergency. The proposed Citrus Cove Elementary Exploration Lab will provide computers, hands on science materials, art supplies, 3D printers, musical instruments, and math manipulatives for teachers and students to use on a rotating basis for project -based learning to explore the five components of S.TE.A.M. (science, technology, engineering and math). All students will be exposed to tools and skills related to careers which fall under the S.TE.A.M umbrella. This will assist the diverse population of students reach their potential in reading, math and science, and give all students the opportunity to explore the arts in an environment that is structured with a growth mindset for beginning students to achieve their goals. This education model has helped with individual learning growth and enhanced the learning experience. Students have become more independent and responsible for their learning and it promotes their ability to work in groups. How will this affect city programs or services? These ARPA funded programs will address priorities established by the U.S. Treasury to support economic stabilization for households and to address the disproportionate impact of the pandemic. There will not be any direct impact on City services or programs. Fiscal Impact: This programming is being funded solely by ARPA dollars and will not impact the City's General Fund. Alternatives: None at this time. Strategic Plan: Strategic Plan Application: Page 180 of 1515 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()l� LA ti 0 111 DAg ir'E�'E) rTIE) 111 t D AddE)indUlirn Description RE)SOkAboin approviing thE�, If IFI SLail ir'E)CitPiE)1['1t Agir'E)E)irT1E)1['1t with Citir'Uls Cove, IE blirTIE)intairy Schod NRFIA S Ubir'Es'CilPiE)11'it Agir'EsE)irT1E)1['1t Citir'LAS COVE) �E blirTIE)intairy NRFIA S Ubir'Es'CilPiE)intAgir'EsE)irTIEs111'4ScOpE�' Of SE)irviCE)S Citir'LAS COVE) EENrTIE)intairy Page 181 of 1515 I RESOLUTION R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE ARPA 5 SUBRECIPIENT PARTNERSHIP AGREEMENT WITH CITRUS COVE 6 ELEMENTARY SCHOOL FOR PURCHASES OF EQUIPMENT AND 7 MATERIALS FOR THE S.T.E.A.M EXPLORATION LAB, THAT CAN BE 8 UTILIZED IN GRADES PRE-SCHOOL THROUGH GRADE 5, IN THE 9 AMOUNT OF $15,500.00; AND PROVIDING AN EFFECTIVE DATE. 10 II WHEREAS, the COVID-19 public health emergency has created negative economic 12 impacts across the globe, including disproportionate educational disparities within high - 13 poverty school districts; and 14 WHEREAS, The American Rescue Plan Act (ARPA) was signed into law on March 11, 15 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal 16 Recovery Funds (CSLFRF); and 17 WHEREAS, the CSLFRF Final Rule, which is the governing document for use of ARPA 18 funds, identifies as eligible uses evidence -based services to address the academic, social, 19 emotional, and mental health needs of students; and 20 WHEREAS, On December 7, 2021, the Boynton Beach City Commission approved a 21 Master Spending Plan which allowed for funding assistance through direct allocation 22 subrecipient partnerships to Title 1 Schools in the City of Boynton Beach to address and 23 mitigate disproportionate educational disparities compounded by the COVID-19 public health 24 emergency; and 25 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 26 residents to approve and authorize the Mayor to sign the ARPA Subrecipient Partnership 27 Agreement with Citrus Cove Elementary School for purchases of equipment and materials for 28 the S.T.E.A.M Exploration Lab, that can be utilized in grades Pre -School through Grade 5, in the 29 amount of $15,500.00. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 31 BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Grants\ARPA Subrecipient Agreement with Citrus Cove - Reso.docx I Page 182 of 1515 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 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 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the Mayor to sign the ARPA Subrecipient Partnership Agreement with Citrus Cove Elementary School for purchases of equipment and materials for the S.T.E.A.M Exploration Lab, that can be utilized in grades Pre -School through Grade 5, in the amount of $15,500.00., a copy of the Agreement is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 1 st day of March, 2022. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\Grants\ARPA Subrecipient Agreement with Citrus Cove - Reso.docx 2 Page 183 of 1515 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of CITRUS COVE ELEMENTARY SCHOOL THIS AGREEMENT entered into this 1st day of March, 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of CITRUS COVE ELEMENTARY SCHOOL". hereinafter referred to as "the SUBRECIPIENT," having its principal office at 3366 Forest Hill Blvd. A 323, West Palm Beach, FL 33406-5870 and its Federal Tax Identification Number as 33406-5870. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A — Coronavirus State and Local Fiscal Recovery Funds. {00492534.1306-9905603} Page 1 of 10 Page 184 of 1515 1.8 "Program Income" means gross income received directly generated or earned from the use of ARPA funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, including but not limited to non -Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Fifteen Thousand Five Hundred Dollars and 00/100 ($15,500.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECIPIENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Fifteen Thousand Five Hundred Dollars and 00/100 ($15,500.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that do not comply with any and all requirements for use of ARPA funding. {00492534.1 306-9905603} Page 2 of 10 Page 185 of 1515 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual written agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.3 Prior to receipt of ARPA funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures for which payment is sought. 3.4 Release of funds is subject to the approval of the ARPA Project Manager, Finance Director, and/or City Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2021 to September 30, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ARPA funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the {00492534.1 306-9905603} Page 3 of 10 Page 186 of 1515 SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre -approved by the CITY. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. {00492534.1 306-9905603} Page 4 of 10 Page 187 of 1515 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including 2 CFR part 200, subpart E, OMB A-21, 2 CFR part 200, subpart F. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to 31 CFR 35.6 Treasury Department Interim Regulations, Treasury Department CSLFRF Frequently Asked Questions, and Treasury Department CSLFRF Compliance and Reporting Guidance. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by the Treasury. The SUBRECIPIENT shall allow the CITY or the Treasury to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or the Treasury. Ongoing monitoring of the SUBRECIPIENT will be done through quarterly reporting from the SUBRECIPIENT to the City. Reporting requirements will be based upon the SUBRECIPIENT'S risk assessment and in {00492534.1 306-9905603} Page 5 of 10 Page 188 of 1515 compliance with the CSLFRF Compliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. Monitoring will include identification of deficiencies in meeting stated requirements in Article II of this agreement and follow-up to ensure appropriate remediation. 9.6 Audits: Any non-federal agency and/or non-profit organization that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with 2 CFR 200, Subpart F, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of 2 CFR 200, Subpart E — Cost Principles b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit Requirements). c. Applicable provisions of 31 CFR 35.6. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of 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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY 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 Agreement. 9.9 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the ARPA Project Manager, certificate(s) of current insurance coverage. {00492534.1 306-9905603} Page 6 of 10 Page 189 of 1515 9.10 Property: All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the ARPA national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. {00492534.1 306-9905603} Page 7 of 10 Page 190 of 1515 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. 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. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt {00492534.1 306-9905603} Page 8 of 10 Page 191 of 1515 from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT 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 Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20_ WITNESSES: in Print Print STATE OF FLORIDA COUNTY OF PALM BEACH Title The foregoing instrument was acknowledged before me this _ day of , 20_7 by Personally Known _ OR Produced Identification _Type of Identification Produced Seal NOTARY PUBLIC Signature Print {00492534.1 306-9905603} Page 9 of 10 Page 192 of 1515 ATTEST: City Clerk CITY OF BOYNTON BEACH, FLORIDA Ss Mayor Approved as to form: City Attorney {00492534.1 306-9905603} Page 10 of 10 Page 193 of 1515 City of Boynton Beach ARPA Subrecipient Subaward Agreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT "A" - SCOPE OF SERVICES Project Name: Citrus Cove Elementary School STEAM Exploration Lab ARPA Funding Priority: Educational Opportunities and Job Skills Development Project Location: 8400 Lawrence Rd., Boynton Beach, FL 33436-1717 Project Manager: Natalie Cromwell, Principal Company: Citrus Cove Elementary School LACES School ID 120150002697 Number: Contact Name: Natalie Cromwell Contact Email: inatal,....!....:...:.!::.q.!: p :. ........ ...I...�irnLa.r .�.:.�:!.: �::�:�.gq..�.:.:.q.1g. Contact Mailing 8400 Lawrence Rd., Boynton Beach, FL 33436-1717 Address: Project Description Reach and educate all of our students through a S.T.E.A.M Exploration Lab that can be utilized in PreK-5. In our Exploration Lab, there will be computers, hands on science materials, art supplies, 3D printers, music instruments, and math manipulatives for teachers and students to use on a rotating basis for project -based learning, which gives all classes the opportunity to explore the five components of S.T.E.A.M. We want to allow our students to be creative, plan, and test their hypothesis while having fun learning about different aspects of the careers available to them in the future. We have found that using this model has helped individual learning growth and enhanced the learning experience. Students have become more independent and responsible for their learning. Having an Exploration Lab available, items will be at the teachers' and students' fingertips. There will be no need to transport materials to the classroom. Our S.T.E.A.M Exploration Lab will allow students to become independent thinkers and guide them through the problem -solving process. It will give all students the opportunity to explore the arts in an environment that is structured with a growth mindset for beginning students to achieve their goals. This will help our diverse population of students reach their potential in reading, math and science. In addition, this gives the students, who do not have the opportunity to be enriched in after school programs, the ability to experience enrichment activities like their peers. All students will be exposed to tools and skills related to careers which fall under the S.T.E.A.M umbrella, such as engineering, technology, or science. The frequent use of this lab will help build the knowledge and confidence students need to make learning gains on their formal assessments and help build a strong foundation in their communities. We want to allow our students to be creative, plan, and test their hypothesis and have fun learning about different aspects of the careers which will be available to them in the future. We have found that using this model has helped individual learning growth and enhanced the learning experience with the ability to work in groups. Students have become more independent and responsible for their learning. At Citrus Cove Elementary, 100% of our students will be able to learn basic Page 1 of 3 Page 194 of 1515 Page 2 of 3 Page 195 of 1515 piano skills, utilize a Z-Space Computer for learning, interact with a 3-D printer, and use hands-on experiences to develop a deeper understanding of the grade level curriculum standards. Deliverables: Metric: Number of students participating in the STEAM Exploration Lab: (Metrics/Outcomes) entire school population, approximately 970 students. Outcomes: 25% aggregated learning gains on formal assessments, such as (- Ready ELA & I-Ready Mathematics Diagnostic Assessments for 80% of the students participating in the STEAM Exploration Lab. Payment Terms: Advance payment. Receipts for all eligible expenditures identified in the project budget must be provided with the quarterly reports for the reporting period in which they were spent. All quarterly reports and corresponding eligible expenditure receipts must be provided to the ARPA Project Manager at I_e^.r^ .irr ,.LaL f.L....L: , no later than 4:00 pm on the 15th day of the month following each quarter, until project is Closed Out by the City. (See Quarterly Reporting Schedule below). The Subrecipient will be notified in writing by the ARPA Project Manager of any expenditures that are deemed non- eligible. All other terms of this ARPA Subrecipient Agreement apply. Project Timeline: Project Start Date: Upon receipt of funding. Project End Date: At Project Close Out by the City, and no later than December 15, 2024. Subrecipient must provide quarterly reports as indicated in the Quarterly Reporting Schedule below. Quarterly reports must include: • All ARPA funds received from the City for each quarter and total to date. • All eligible expenditures of ARPA funds received from the City each quarter and total to date. • All metrics and outcomes for each quarter and total to date. • All receipts for eligible expenditures of ARPA funds spent within the reporting quarter. Quarterly Reporting Schedule Report Year Quarter Period Covered Due Date 1 2022 1 January 1— March 31 April 15, 2022 2 2022 2 April 1—June 30 July 31 July 15, 2022 3 2022 3 July 1— September 30 October 15, 2022 4 2022 4 October 1 — December 31 January 15, 2023 5 2023 1 January 1— March 31 April 15, 2023 6 2023 2 April 1—June 30 July 31 July 15, 2023 7 2023 3 July 1— September 30 October 15, 2023 8 2023 4 October 1 — December 31 January 15, 2024 9 2024 1 January 1— March 31 April 15, 2024 10 2024 2 April 1—June 30 July 31 July 15, 2024 11 2024 3 July 1— September 30 October 15, 2024 12 2024 4 October 1 — December 31 January 15, 2025 Page 2 of 3 Page 195 of 1515 BUDGET Purchases for equipment and materials for STEAM Exploration Lab = $15,500.00 STEAM Exploration Lab Z -Space (2 Units) $ 2,598.00 iMac: 8 -Core CPU & 8 -Core GPU (4 Units) $ 5,596.00 MicroLab Online Bundle (30 piano keyboards and program) (1 Unit) $ 4,500.00 Dremel DigiLab 3D45 3D Printer (1 Unit) $ 1,600.00 Makeblock mBot STEM Education Coding Robot Kit for Scratch, Arduino C (6 Units) $ 540.00 Makeblock mBot Coding Robot Kit, Learning & Educational Toys for Kids (2 Units) $ 114.00 Makeblock Six -Legged Robot Add-on Pack Designed for mBot, 3 -in -1 Robot Add-on Pack, 3+ Shapes (6 Units) $ 132.00 Makeblock Servo Pack Robot Add-on Pack Designed for mBot, 3 -in -1 Robot Add-on Pack, 3+ Shapes (6 Units) $ 150.00 Lego Wall Grey Base Plate (10 Units) $ 150.00 Lego Classic Bricks 1,500 Piece (2 Units) $ 120.00 Total Budget $15,500.00 Page 3 of 3 Page 196 of 1515 6. F. Consent Agenda 3/11/2022 Requested Action by Commission: Proposed Resolution No. R22-037 - Approve ARPA Subrecipient Partnership Agreement with Poinciana STEM Elementary School for the purchase of equipment and materials for a school DrurrFLine and Color - Guard in the amount of $8,000.00. Explanation of Request: The COVID-19 public health emergency has created negative economic impacts across the globe, including disproportionate educational disparities within high -poverty school districts. The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal Recovery Funds (CSLFRF). The CSLFRF Final Rule, which is the governing document for use of ARPA funds, identifies as eligible uses evidence -based services to address the academic, social, emotional, and mental health needs of students. The City of Boynton Beach will have received a total of $13,647,904 in Fiscal Recovery Funds by May 2022. On December 7, 2021, the Boynton Beach City Commission approved a Master Spending Plan which allowed for funding assistance through direct allocation subrecipient partnerships to Title 1 Schools in the City of Boynton Beach to address and mitigate disproportionate educational disparities compounded by the COVID-19 public health emergency. As part of the proposed Poinciana STEM Elementary School Drum -line and Color -guard, students will learn to read and perform simple rhythmic patterns as well as develop basic coordination skills. As the DrurrFline grows, third graders will advance to reading and performing more advanced rudiments. The Color -guard's purpose is to interpret the music through the use of dance and synchronized use of a flag. A Drum -line can exercise the mind and body, encourage friendships, cultivate creativity, and provide students with a unique opportunity to grow as individuals. It will benefit the students academically as well. When children are exposed to music education, they learn excellent study habits. Mastering their specific musical craft takes a concentrated effort, consistent practice and patience. These habits translate into other areas of study. The goal is to foster individual expression, expose students to the complexity of teamwork, and encourage a greater sense of community. How will this affect city programs or services? These ARPA funded programs will address priorities established by the U.S. Treasury to support economic stabilization for households and to address the disproportionate impact of the pandemic. There will not be any direct impact on City services or programs. Fiscal Impact: These partnership programs are being funded solely by ARPA dollars and will not impact the City's General Fund. Alternatives: None at this time. Strategic Plan: Page 197 of 1515 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()l� LA ti 0 111 DAg ir'E�'E) rTIE) 111 t D AddE)indUlirn Description RE)SOkAboin appiroviing NRFIA SL.Jbir'El�cipiEs'Int Agir'E)E)irT1E)1['1t with Floiriciaina S TEM EENrTIE)intfry NRFIA S Ubir'Es'CilPiE)11'it Agir'EsE)irT1E)1['1t Floiriciaina S TEM �E blirTIE)intairy NRFIA S Ubir'Es'CilPiE)11'it Agir'EsE)irT1E)1['1t SCOPE) Of SE)irviCE)S Floiriciaina EENrTIENI'Itfry Page 198 of 1515 I RESOLUTION R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE ARPA 5 SUBRECIPIENT PARTNERSHIP AGREEMENT WITH POINCIANA STEM 6 ELEMENTARY SCHOOL FOR THE PURCHASE OF EQUIPMENT AND 7 MATERIALS FOR A SCHOOL DRUM -LINE AND COLOR -GUARD IN THE 8 AMOUNT OF $8,000.00; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the COVID-19 public health emergency has created negative economic 11 impacts across the globe, including disproportionate educational disparities within high - 12 poverty school districts; and 13 WHEREAS, The American Rescue Plan Act (ARPA) was signed into law on March 11, 14 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal 15 Recovery Funds (CSLFRF); and 16 WHEREAS, the CSLFRF Final Rule, which is the governing document for use of ARPA 17 funds, identifies as eligible uses evidence -based services to address the academic, social, 18 emotional, and mental health needs of students; and 19 WHEREAS, On December 7, 2021, the Boynton Beach City Commission approved a 20 Master Spending Plan which allowed for funding assistance through direct allocation 21 subrecipient partnerships to Title 1 Schools in the City of Boynton Beach to address and 22 mitigate disproportionate educational disparities compounded by the COVID-19 public health 23 emergency; and 24 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 25 residents to approve and authorize the Mayor to sign the ARPA Subrecipient Partnership 26 Agreement with Poinciana STEM Elementary School for the purchase of equipment and 27 materials for a school Drum -Line and Color -Guard in the amount of $8,000.00. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. S:ACA\RESO\Agreements\ARPA Subrecipient Agreement with Poinciana STEM Elementary - Reso.docx 1 Page 199 of 1515 33 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 34 authorize the Mayor to sign the ARPA Subrecipient Partnership Agreement with Poinciana 35 STEM Elementary School for the purchase of equipment and materials for a school Drum -Line 36 and Color -Guard in the amount of $8,000.00, a copy of the Agreement is attached hereto as 37 Exhibit "A". 38 Section 3. This Resolution will become effective immediately upon passage. 39 PASSED AND ADOPTED this 1 st day of March, 2022. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor — Steven B. Grant 44 45 Vice Mayor — Woodrow L. Hay 46 47 Commissioner —Justin Katz 48 49 Commissioner —Christina L. Romelus 50 51 Commissioner — Ty Penserga 52 53 VOTE 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 (Corporate Seal) S:ACA\RESO\Agreements\ARPA Subrecipient Agreement with Poinciana STEM Elementary - Reso.docx 2 Page 200 of 1515 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of POINCIANA STEM ELEMENTARY SCHOOL THIS AGREEMENT entered into this 1ST day of March, 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of POINCIANA STEM ELEMENTARY SCHOOL" hereinafter referred to as "the SUBRECIPIENT," having its principal office at 3366 Forest Hill Blvd A 323, West Palm Beach, FL 33406-5870 and its Federal Tax Identification Number as 85-8013897253C-1. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A — Coronavirus State and Local Fiscal Recovery Funds. {00492534.1306-9905603} Page 1 of 10 Page 201 of 1515 1.8 "Program Income" means gross income received directly generated or earned from the use of ARPA funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, including but not limited to non -Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Eight Thousand Dollars and 00/100 ($8,000.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECIPIENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Eight Thousand Dollars and 00/100 ($8,000.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that do not comply with any and all requirements for use of ARPA funding. {00492534.1 306-9905603} Page 2 of 10 Page 202 of 1515 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual written agreement otherwise (see Attachment "A" -Scope of Services). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.4 Prior to receipt of ARPA funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures for which payment is sought. 3.5 Release of funds is subject to the approval of the ARPA Project Manager, Finance Director, and/or City Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2021 to September 30, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ARPA funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the {00492534.1 306-9905603} Page 3 of 10 Page 203 of 1515 SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre -approved by the CITY. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. {00492534.1 306-9905603} Page 4 of 10 Page 204 of 1515 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including 2 CFR part 200, subpart E, OMB A-21, 2 CFR part 200, subpart F. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to 31 CFR 35.6 Treasury Department Interim Regulations, Treasury Department CSLFRF Frequently Asked Questions, and Treasury Department CSLFRF Compliance and Reporting Guidance. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by the Treasury. The SUBRECIPIENT shall allow the CITY or the Treasury to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or the Treasury. Ongoing monitoring of the SUBRECIPIENT will be done through quarterly reporting from the SUBRECIPIENT to the City. Reporting requirements will be based upon the SUBRECIPIENT'S risk assessment and in {00492534.1 306-9905603} Page 5 of 10 Page 205 of 1515 compliance with the CSLFRF Compliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. Monitoring will include identification of deficiencies in meeting stated requirements in Article II of this agreement and follow-up to ensure appropriate remediation. 9.6 Audits: Any non-federal agency and/or non-profit organization that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with 2 CFR 200, Subpart F, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of 2 CFR 200, Subpart E — Cost Principles b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit Requirements). c. Applicable provisions of 31 CFR 35.6. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of 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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY 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 Agreement. 9.9 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the ARPA Project Manager, certificate(s) of current insurance coverage. {00492534.1 306-9905603} Page 6 of 10 Page 206 of 1515 9.10 Property: All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the ARPA national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. {00492534.1 306-9905603} Page 7 of 10 Page 207 of 1515 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 -day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. To the extent and limits of §768.28, Florida Statutes, SUBRECIPIENT will indemnify and be responsible for and hold CITY harmless from and against any and all claims, damages, costs, and expenses caused by its negligent or intentional acts, any copyright violations or arising out of the breach of this contract. Notwithstanding the forgoing, this provision is not intended to serve or constitute (i) an agreement by SUBRECIPIENT to indemnify CITY for its own negligence; (ii) a waiver of sovereign immunity by SUBRECIPIENT; (iii) a waiver of any defense SUBRECIPIENT may have under such statute; (iv) the consent of SUBRECIPIENT or its officers, employees to be sued; or (v) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28 of the Florida Statutes. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. 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. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the {00492534.1 306-9905603} Page 8 of 10 Page 208 of 1515 contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT 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 Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20_ WITNESSES: In Print Print STATE OF FLORIDA COUNTY OF PALM BEACH Title The foregoing instrument was acknowledged before me this _ day of , 20_7 by Personally Known _ OR Produced Identification _Type of Identification Produced Seal NOTARY PUBLIC Signature Print {00492534.1 306-9905603} Page 9 of 10 Page 209 of 1515 ATTEST: City Clerk CITY OF BOYNTON BEACH, FLORIDA A Mayor Approved as to form: City Attorney {00492534.1 306-9905603} Page 10 of 10 Page 210 of 1515 City of Boynton Beach ARPA Subrecipient Subaward Agreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT "A" - SCOPE OF SERVICES Project Name: POINCIANA DRUM LINE ARPA Funding Educational Opportunities and Job Skills Development Priority: Project Location: 1203 N. Seacrest Blvd., Boynton Beach, FL 33435-3018 Project Manager: Tanya McDowell Company: Poinciana STEM Elementary School LACES School ID: 120150001523 Contact Name: Tanya McDowell Contact Email: tanya.mcdowell@palmbeachschools.org Contact Mailing 1203 N. Seacrest Blvd., Boynton Beach, FL 33435-3018 Address: Project Description Students will learn to read and perform simple rhythmic patterns as well as develop basic coordination skills. (Whole, half, quarter, eighths, notes/rests). Students will perform simple rudiments, such as, single stroke rolls, paradiddles and the basic double stroke roll. As the drumline grows, our third graders will advance to reading and performing sixteenth and thirty-second notes/rests. More advanced rudiments such as, five, seven, and nine stroke rolls, double/triple paradiddles and mixed sticking. For the color guard the purpose is to interpret the music through the use of dance and synchronized use of a flag. Bringing to life the music, color guard students dance to choreographed movement with the use of props to tell a story. A drumline can exercise the mind and body, encourage friendships, cultivate creativity, and provide students with a unique opportunity to grow as individuals. It will benefit the students academically as well. When children are exposed to music education, they learn excellent study habits. Mastering their specific musical craft takes a concentrated effort, consistent practice and patience. These habits translate into other areas of study. We hope to foster individual expression, the complexity of teamwork, and a greater sense of community Deliverables: Metric: Number of students initially participating. (Metrics/Outcomes) Outcome: >50% of students initially participating remain with the program. Payment Terms: Advance payment. Receipts for all eligible expenditures identified in the project budget must be provided with the quarterly reports for the reporting period in which they were spent. All quarterly reports and corresponding eligible expenditure receipts must be provided to the ARPA Project Manager at I_e^.r^ .irr ,.LaL f.L....L: , no later than 4:00 pm on the 15th day of the month following each quarter, until project is Closed Out by the City. (See Quarterly Reporting Schedule below). The Subrecipient will be notified in writing by the ARPA Project Manager of any expenditures that are deemed non -eligible. All other terms of this ARPA Subrecipient Agreement apply. Project Timeline: Project Start Date: Upon receipt of funding. Project End Date: At Project Close Out by the City, and no later than December 15, 2024. Page 1 of 3 Page 211 of 1515 BUDGET Purchase of equipment and materials for Drum Line and Color Guard = $8,000.00 POINCIANA DRUM LINE Subrecipient must provide quarterly reports as indicated in the Quarterly Reporting Schedule below. Quarterly reports must include: • All ARPA funds received from the City for each quarter and total to date. • All eligible expenditures of ARPA funds received from the City each quarter and total to date. • All metrics and outcomes for each quarter and total to date. • All receipts for eligible expenditures of ARPA funds spent within the reporting quarter. Quarterly Reporting Schedule Report Year Quarter Period Covered Due Date $ 73.98 1 2022 1 January 1— March 31 April 15, 2022 $ 49.98 2 2022 2 April 1— June 30 July 31 July 15, 2022 $ 369.44 3 2022 3 July 1— September 30 October 15, 2022 $ 105.00 4 2022 4 October 1— December 31 January 15, 2023 $ 837.98 5 2023 1 January 1— March 31 April 15, 2023 $ 25.90 6 2023 2 April 1— June 30 July 31 July 15, 2023 $ 279.98 7 2023 3 July 1— September 30 October 15, 2023 $ 104.97 8 2023 4 October 1— December 31 January 15, 2024 $ 249.80 9 2024 1 January 1— March 31 April 15, 2024 $ 347.99 10 2024 2 April 1— June 30 July 31 July 15, 2024 $2,979.90 Shipping Costs 11 2024 3 July 1— September 30 October 15, 2024 600.00 5 ft. Poles 30x46 (Quantity 15) 12 2024 4 October 1— December 31 January 15, 2025 149.25 BUDGET Purchase of equipment and materials for Drum Line and Color Guard = $8,000.00 POINCIANA DRUM LINE Remo Ambassador Coated Headed 20 inches (Quantity 2) $ 73.98 Remo Ambassador Coated Head 18 inches (Quantity 2) $ 49.98 Pearl Junior Marching Bass Drum and Carrier 20x 8 inches (Quantity 1) $ 369.44 Remo Ambassador Coated Head 12 inches (Quantity 6) $ 105.00 Pearl Competitor Marching Tom Set Pure White (Quantity 2) $ 837.98 Zildjian Leather Cymbal Straps (Quantity 2) $ 25.90 Meinl Brass Marching Medium Cymbal Pair 16 inches (Quantity 2) $ 279.98 Promark PSMB2 Marching Bass Drum Mallets PSMB3 Medium Small (Quantity 3) $ 104.97 Vic Firth Corpsmaster Roger Carter Signature Marching Snare Drumsticks Wood (Quantity 20) $ 249.80 Pearl Junior Marching Bass Drum and Carrier 18 x 8 inches (Quantity 1) $ 347.99 Pearl Junior Marching Snare Drum and Carrier 12 x 8 inches (Quantity 10) $2,979.90 Shipping Costs $ 600.00 5 ft. Poles 30x46 (Quantity 15) $ 149.25 Flags (item #58102) (Quantity 15) $ 179.25 Page 2 of 3 Page 212 of 1515 Color Guard Gloves (Quantity 15) $ 232.50 Color Guard Shoes (Quantity 15) $ 449.25 Color Guard Uniform tops (Quantity 15) $ 899.25 Color guard Uniform pants (Quantity 15) $ 449.25 Boys Band Uniforms tops and pants $ 600.00 Total Budget $8,983.67 Total Request $8,000.00 Page 3 of 3 Page 213 of 1515 10. 0 Consent Agenda 3/11/2022 Requested Action by Commission: Proposed Resolution No. R22-038 - Approve ARPA Subrecipient Partnership Agreement with Forest Park Elementary School to provide enrichment opportunities for Forest Park students in academics, physical, and emotional well-being through seven (7) separate programs for a total cost of $20,000.00. Explanation of Request: The COVID-19 public health emergency has created negative economic impacts across the globe, including disproportionate educational disparities within high -poverty school districts. The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal Recovery Funds (CSLFRF). The CSLFRF Final Rule, which is the governing document for use of ARPA funds, identifies as eligible uses evidence -based services to address the academic, social, emotional, and mental health needs of students. The City of Boynton Beach will have received a total of $13,647,904 in Fiscal Recovery Funds by May 2022. On December 7, 2021, the Boynton Beach City Commission approved a Master Spending Plan which allowed for funding assistance through direct allocation subrecipient partnerships to Title 1 Schools in the City of Boynton Beach to address and mitigate disproportionate educational disparities compounded by the COVID-19 public health emergency. Forest Park Elementary School proposes to provide enrichment opportunities in academics, and physical and emotional well being through the following programs: Drama Club — expand musical theater experience in an afterschool club and have students participate in a musical theater production. Request $3,500.00. Sports Club — promote healthy lifestyle and healthy choice in grades K-2 and grades 3-5 afterschool clubs. Students will participate in a fitness program. Request $4,000.00 for Grades K-5. SEL Room — enhance school environment to promote social and emotional well-being throughout the school day. Includes a sitting area for breathing, meditation, mindfulness, and calming music and toys. Request $1,000.00 IB Ambassador Club — expand I B Ambassador club to promote good citizenship in the school community throughout the school day and afterschool club. Students will have opportunities to participate in school marketing and school events that focus on I B traits. Request $2,700.00. Summer STEM Camp for Primary — provide enrichment opportunities for primary students in the area of math and science during summer camp. Students will participate in challenging project -based math and science learning. Request $2,800.00. Forest Park Ladies' Club — Provide a Girls' Club to promote positive behavior in an afterschool club. Students will have an opportunity to apply lessons from their club in a real-life setting. Request $3,000.00. Men of Honor — Provide a club for Boys that promote positive behavior during school as well as after school an in the community. Student will have an opportunity to apply lessons learned from their club in real-life settings. Request $3,000.00. How will this affect city programs or services? These ARPA funded programs will address priorities established by the U.S. Treasury to support economic stabilization for households and to address the disproportionate impact of the pandemic. There will not be any direct impact on City services or programs. Page 214 of 1515 Fiscal Impact: This programming is being funded solely by ARPA dollars and will not impact the City's General Fund. Alternatives: None at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()l� LA ti 0 111 DAg ir'E�'E) rTIE) 111 t D AddE)indUlirn Description IRE)SOkAtioin appiroviing AIfA SL.Jbir'El�cipiEs,Int AgrE)E)irT1E)1['1t with 1:::::orE)St IC lark rnEs11'ltairy AIIRPA S Ulbir'E�KitPiE)11'itAgrE�1ENrYIEN11t 1:::::orE)St Park �I:::.IIasirTIE)intairy AIIRPA S Ulbir'Es'CilPiE)intAgrE�1ENrYIENI'lt ScOpE�l Of SE)irviCE)S 1:::::orE)St IFlairlk EENrTIE)intairy Page 215 of 1515 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 RESOLUTION R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE ARPA SUBRECIPIENT PARTNERSHIP AGREEMENT WITH FOREST PARK ELEMENTARY SCHOOL TO PROVIDE ENRICHMENT OPPORTUNITIES FOR FOREST PARK STUDENTS IN ACADEMICS, PHYSICAL, AND EMOTIONAL WELL-BEING THROUGH SEVEN (7) SEPARATE PROGRAMS FOR A TOTAL COST OF $20,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the COVID-19 public health emergency has created negative economic impacts across the globe, including disproportionate educational disparities within high - poverty school districts; and WHEREAS, The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal Recovery Funds (CSLFRF); and WHEREAS, the CSLFRF Final Rule, which is the governing document for use of ARPA funds, identifies as eligible uses evidence -based services to address the academic, social, emotional, and mental health needs of students; and WHEREAS, On December 7, 2021, the Boynton Beach City Commission approved a Master Spending Plan which allowed for funding assistance through direct allocation subrecipient partnerships to Title 1 Schools in the City of Boynton Beach to address and mitigate disproportionate educational disparities compounded by the COVID-19 public health emergency; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents to approve and authorize the Mayor to sign the ARPA Subrecipient Partnership Agreement with Forest Park Elementary School to provide enrichment opportunities for Forest Park students in academics, physical, and emotional well-being through seven (7) separate programs for a total cost of $20,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RBSO\Agreements\ARPA Subrecipient Agreement with Forest Park Elementary - Reso.docx 1 Page 216 of 1515 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 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 the ARPA Subrecipient Partnership Agreement with Forest Park Elementary School to provide enrichment opportunities for Forest Park students in academics, physical, and emotional well-being through seven (7) separate programs for a total cost of $20,000.00, a copy of the Agreement is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 1 st day of March, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RBSO\Agreements\ARPA Subrecipient Agreement with Forest Park Elementary - Reso.docx 2 YES NO Page 217 of 1515 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of FOREST PARK ELEMENTARY SCHOOL THIS AGREEMENT entered into this 1st day of March 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of FOREST PARK ELEMENTARY SCHOOL". hereinafter referred to as "the SUBRECIPIENT," having its principal office at 3366 Forest Hill Blvd. A 323, West Palm Beach, FL 33406-5870 and its Federal Tax Identification Number as 85-8013897253C-1. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A — Coronavirus State and Local Fiscal Recovery Funds. {00492534.1306-9905603} Page 1 of 10 Page 218 of 1515 1.8 "Program Income" means gross income received directly generated or earned from the use of ARPA funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, including but not limited to non -Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Twenty Thousand Dollars and 00/100 ($20,000.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECIPIENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Twenty Thousand Dollars and 00/100 ($20,000.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that do not comply with any and all requirements for use of ARPA funding. {00492534.1 306-9905603} Page 2 of 10 Page 219 of 1515 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual written agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.3 Prior to receipt of ARPA funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures for which payment is sought. 3.4 Release of funds is subject to the approval of the ARPA Project Manager, Finance Director, and/or City Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2021 to September 30, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ARPA funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the {00492534.1 306-9905603} Page 3 of 10 Page 220 of 1515 SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre -approved by the CITY. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. {00492534.1 306-9905603} Page 4 of 10 Page 221 of 1515 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including 2 CFR part 200, subpart E, OMB A-21, 2 CFR part 200, subpart F. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to 31 CFR 35.6 Treasury Department Interim Regulations, Treasury Department CSLFRF Frequently Asked Questions, and Treasury Department CSLFRF Compliance and Reporting Guidance. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by the Treasury. The SUBRECIPIENT shall allow the CITY or the Treasury to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or the Treasury. Ongoing monitoring of the SUBRECIPIENT will be done through quarterly reporting from the SUBRECIPIENT to the City. Reporting requirements will be based upon the SUBRECIPIENT'S risk assessment and in {00492534.1 306-9905603} Page 5 of 10 Page 222 of 1515 compliance with the CSLFRF Compliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. Monitoring will include identification of deficiencies in meeting stated requirements in Article II of this agreement and follow-up to ensure appropriate remediation. 9.6 Audits: Any non-federal agency and/or non-profit organization that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with 2 CFR 200, Subpart F, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of 2 CFR 200, Subpart E — Cost Principles b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit Requirements). c. Applicable provisions of 31 CFR 35.6. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of 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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY 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 Agreement. 9.9 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the ARPA Project Manager, certificate(s) of current insurance coverage. {00492534.1 306-9905603} Page 6 of 10 Page 223 of 1515 9.10 Property: All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the ARPA national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. {00492534.1 306-9905603} Page 7 of 10 Page 224 of 1515 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. 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. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt {00492534.1 306-9905603} Page 8 of 10 Page 225 of 1515 from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT 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 Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20_ WITNESSES: in Print Print STATE OF FLORIDA COUNTY OF PALM BEACH Title The foregoing instrument was acknowledged before me this _ day of , 20_7 by Personally Known _ OR Produced Identification _Type of Identification Produced Seal NOTARY PUBLIC Signature Print {00492534.1 306-9905603} Page 9 of 10 Page 226 of 1515 ATTEST: City Clerk CITY OF BOYNTON BEACH, FLORIDA Ss Mayor Approved as to form: City Attorney {00492534.1 306-9905603} Page 10 of 10 Page 227 of 1515 City of Boynton Beach ARPA Subrecipient Subaward Agreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT "A" - SCOPE OF SERVICES Project Name: FOREST PARK ELEMENTARY SCHOOL ENRICHMENT PROJECT ARPA Funding Priority: Educational Opportunities and Job Skills Development Project Location: 1201 SW 3rd St., Boynton Beach, FL 33435-5920 Project Manager: Nancy Robinson Company: Forest Park Elementary School LACES School ID 120150001526 Number: Contact Name: Nancy Robinson Contact Email: Nancy.robinson@palmbeachschools.org Contact Mailing 1201 SW 3rd St., Boynton Beach, FL 33435-5920 Address: Project Description To provide enrichment opportunities for Forest Park students in academics, physical, and emotional well-being. Drama Club — expand musical theater experience in an afterschool club and have students participate in a musical theater production. Sports Club — promote healthy lifestyle and healthy choice in grades K-2 and grades 3-5 afterschool clubs. Students will participate in a fitness program. SEL Room — enhance school environment to promote social and emotional well-being throughout the school day. Includes a sitting area for breathing, meditation, mindfulness, and calming music and toys. IB Ambassador Club — expand IB Ambassador club to promote good citizenship in the school community throughout the school day and afterschool club. Students will have opportunities to participate in school marketing and school events that focus on IB traits. Summer STEM Camp for Primary — provide enrichment opportunities for primary students in the area of math and science during summer camp. Students will participate in challenging project -based math and science learning. Forest Park Ladies' Club — Provide a Girls' Club to promote positive behavior in an afterschool club. Students will have an opportunity to apply lessons from their club in a real-life setting. Men of Honor — Provide a club for Boys that promote positive behavior during school as well as after school an in the community. Student will have an opportunity to apply lessons learned from their club in real-life settings. Deliverables: Drama Club: (Metrics/Outcomes) Metric: Number of initial students participating. Outcome: >50% of students completing project and favorable student feedback at project completion. Sports Club: Metric: Number of students participating. Outcome: >50% complete reflections journal and meet personal fitness goals. SEL Room: Page 1 of 5 Page 228 of 1515 Page 2 of 5 Page 229 of 1515 Metric: Number of students participating and in attendance at each of the 4 stations. Outcome: >50% of students participating appear calmer and less stressed than when they arrived. IB Ambassador Club: Metric: Number of students participating. Outcome: >50% of students have increased self-esteem and sense of pride being an IB Ambassador based upon survey results. Summer STEM Camp for Primary: Metric: Number of initial student enrollment. Outcomes: >50% positive parent feedback at conclusion of camp, based upon survey results, and improved (Ready math scores (EOY FY22 through BOY FY23 data). Forest Park Ladies' Club: Metrics: Number of participants in Annual Membership. Outcomes: >50% improvement between pre- and post-test of proper dinner table setting. >50% improvement between pre- and post-survey for self- esteem. >50% meet individual vison/goal. Men of Honor: Metric: Initial number of participating students. Outcomes: >50% participation in activities. >50% completing task assignments. >35% parent participation in program. >50% participants willing to join program following year. Payment Terms: Advance payment. Receipts for all eligible expenditures identified in the project budget must be provided with the quarterly reports for the reporting period in which they were spent. All quarterly reports and corresponding eligible expenditure receipts must be provided to the ARPA Project Manager at 1rjr a„irr G LaL f!,�us no later than 4:00 pm on the 15t” day of the month following each quarter, until project is Closed Out by the City. (See Quarterly Reporting Schedule below). The Subrecipient will be notified in writing by the ARPA Project Manager of any expenditures that are deemed non-eligible. All other terms of this ARPA Subrecipient Agreement apply. Project Timeline: Project Start Date: Upon receipt of funding. Project End Date: At Project Close Out by the City, and no later than December 15, 2024. Subrecipient must provide quarterly reports as indicated in the Quarterly Reporting Schedule below. Quarterly reports must include: • All ARPA funds received from the City for each quarter and total to date. • All eligible expenditures of ARPA funds received from the City each quarter and total to date. • All metrics and outcomes for each quarter and total to date. • All receipts for eligible expenditures of ARPA funds spent within the reporting quarter. Page 2 of 5 Page 229 of 1515 BUDGET Drama Club Quarterly Reporting Schedule $ Report Year Quarter Period Covered Due Date 1 2022 1 January 1— March 31 April 15, 2022 2 2022 2 April 1—June 30 July 31 July 15, 2022 3 2022 3 July 1— September 30 October 15, 2022 4 2022 4 October 1— December 31 January 15, 2023 5 2023 1 January 1— March 31 April 15, 2023 6 2023 2 April 1—June 30 July 31 July 15, 2023 7 2023 3 July 1— September 30 October 15, 2023 8 2023 4 October 1— December 31 January 15, 2024 9 2024 1 January 1— March 31 April 15, 2024 10 2024 2 April 1—June 30 July 31 July 15, 2024 11 2024 3 July 1— September 30 October 15, 2024 12 2024 4 October 1— December 31 January 15, 2025 BUDGET Drama Club Licensing for theatrical production (annually) $ 700.00 Student scripts and Director guide (annually) $ 600.00 Costuming 0 Stage Equipment 0 Budget $1,300.00 Request $ 3,500.00 Sports Club Grades K-2 Running/Walking Trail $ 300.00 Afterschool Snacks $ 200.00 Water Bottles $ 125.00 T-Shirt/Running Shirt $ 200.00 Running Shorts $ 200.00 Hat/Visor $ 125.00 Fit Bit $ 200.00 Race Day registration fees $ 150.00 Race Day transportation fees 0 Miscellaneous expenses 0 Budget $1,500.00 Request $1,500.00 Sports Club Grades 3-5 Balls $ 300.00 Pedometers $ 300.00 Nutrition $ 200.00 Jerseys/Shirts $ 300.00 Hydration $ 100.00 Page 3 of 5 Page 230 of 1515 Field Trips games/events $ 500.00 Scooters $ 200.00 Jump ropes $ 100.00 Plastic plates $ 100.00 Plastic cups $ 100.00 Food items (cooking experience) $ 200.00 Hand Sanitizer $ 100.00 Budget $2,500.00 Request $2,500.00 SEL Room Lamps for ambient lighting $ 100.00 Rug $ 100.00 Bean Bag Chairs $ 100.00 Meditation/Breathing/Mindfulness Posters $ 50.00 Pop -it toys $ 50.00 Visual liquid toys $ 50.00 Sand Zen Garden toys $ 100.00 Fidget spinners $ 50.00 Stress balls, etc. $ 50.00 Journals $ 50.00 Pencils/pens $ 25.00 Drawing paper $ 25.00 Colored pencils/crayons $ 25.00 Exercise mat $ 125.00 Stretching/Yoga/Exercise Posters $ 50.00 Computer/Boom box for calming music $ 50.00 Budget $1,000.00 Request $1,000.00 IB Ambassador Club Large IB banner to promote school and program $1,000.00 Banner for events (i.e. parade) $ 300.00 Snacks and water for events $ 300.00 Supplies for crafts & care packages $ 500.00 T-shirts for IB Ambassadors $ 600.00 Budget $2,700.00 Request $2,700.00 Summer STEM Camp for Primary Lead Teacher $1,625.00 2nd Teacher $ 812.00 Curriculum book $ 25.00 Student materials $ 200.00 Student snacks $ 125.00 Page 4 of 5 Page 231 of 1515 Budget $2,787.00 Request $2,800.00 Forest Park Ladies' Club Formal Flatware Set with Glassware $ 300.00 Co-sponsor stipend for non-instructional employees $ 500.00 Catered Dinner or Restaurant $ 650.00 Crafts $ 250.00 Club T-Shirts/Dress Shirts $1,000.00 School Club Banner $ 300.00 Budget $3,000.00 Request $3,000.00 Men of Honor Club Hats $ 250.00 T-Shirts $ 250.00 Polos $ 250.00 Khaki Shorts $ 250.00 Khaki Pants $ 250.00 Dress Slacks $ 250.00 Dress Shirts $ 250.00 Bow ties $ 250.00 Long Ties $ 250.00 Black Socks 0 Black Shoes $ 250.00 School Banner $ 250.00 Transportation $ 250.00 Volunteers $ 250.00 Event Fees $ 250.00 Food $ 250.00 Snacks $ 250.00 Drinks $ 250.00 Budget $4,250.00 Request $3,000.00 Total Request $20,000.00 Page 5 of 5 Page 232 of 1515 6.H. Consent Agenda 3/11/2022 Requested Action by Commission: Proposed Resolution No. R22-039 - Approve ARPA Subrecipient Partnership Agreement with Freedom Shores Elementary School to purchase programmable robots and materials for a Robotics Club in Grades 3- 5 in the amount of $8,000.00. Explanation of Request: The COVI D-19 public health emergency has created negative economic impacts across the globe, including disproportionate educational disparities within high -poverty school districts. The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal Recovery Funds (CSLFRF). The CSLFRF Final Rule, which is the governing document for use of ARPA funds, identifies as eligible uses evidence -based services to address the academic, social, emotional, and mental health needs of students. The City of Boynton Beach will have received a total of $13,647,904 in Fiscal Recovery Funds by May 2022. On December 7, 2021, the Boynton Beach City Commission approved a Master Spending Plan which allowed for funding assistance through direct allocation subrecipient partnerships to Title 1 Schools in the City of Boynton Beach to address and mitigate disproportionate educational disparities compounded by the COVID-19 public health emergency. Freedom Shores Elementary School is a Title 1 (serves low-income students) school and students do not have an opportunity to work with Robotics and be exposed to the field of Coding. This Robotics Club will be instructed by Teachers and provide valuable skills that could potentially lead to continued interest in the field and higher paying job opportunities after High School graduation. How will this affect city programs or services? These ARPA funded programs will address priorities established by the U.S. Treasury to support economic stabilization for households and to address the disproportionate impact of the pandemic. There will not be any direct impact on City services or programs. Fiscal Impact: This programming is being funded solely by ARPA dollars and will not impact the City's General Fund. Alternatives: None at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 233 of 1515 Is this a grant? Grant Amount: Attachments: Type D IRE)S()l� LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t D AddE)indUlirn Description RE)SOkAboin appiroviing NRFIA SL.Jlbir'El�cipiEslrlt Agir'E)E)irTlE)l['ltwith F:::ir'E)Edoirn Shoir'E)SEblirTIE)llltairy NRFIA S Ulbir'Es'CilPiE)11'it AgrE�1ENrYIENI'lt F::: ir'E�'Edoirn S horE)S �E blirTIE)intairy NRFIA S Ulbir'Es'CilPiE)11'it AgrE�1ENrYIENI'lt SCOPE) Of SE)irviCE)S F:::ir'E)Edoirn Shoir'E)SEblirTIE)llltairy Page 234 of 1515 I RESOLUTION R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE ARPA 5 SUBRECIPIENT PARTNERSHIP AGREEMENT WITH FREEDOM SHORES 6 ELEMENTARY SCHOOL TO PURCHASE PROGRAMMABLE ROBOTS AND 7 MATERIALS FOR A ROBOTICS CLUB IN GRADES 3-5 IN THE AMOUNT 8 OF $8,000.00; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the COVID-19 public health emergency has created negative economic 11 impacts across the globe, including disproportionate educational disparities within high - 12 poverty school districts; and 13 WHEREAS, The American Rescue Plan Act (ARPA) was signed into law on March 11, 14 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal 15 Recovery Funds (CSLFRF); and 16 WHEREAS, the CSLFRF Final Rule, which is the governing document for use of ARPA 17 funds, identifies as eligible uses evidence -based services to address the academic, social, 18 emotional, and mental health needs of students; and 19 WHEREAS, On December 7, 2021, the Boynton Beach City Commission approved a 20 Master Spending Plan which allowed for funding assistance through direct allocation 21 subrecipient partnerships to Title 1 Schools in the City of Boynton Beach to address and 22 mitigate disproportionate educational disparities compounded by the COVID-19 public health 23 emergency; and 24 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 25 residents to approve and authorize the Mayor to sign the ARPA Subrecipient Partnership 26 Agreement with Freedom Shores Elementary School to purchase programmable robots and 27 materials for a Robotics Club in Grades 3 — 5 in the amount of $8,000.00. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. S:ACA\RESO\Agreements\ARPA Subrecipient Agreement with Freedom Shores - Reso.docx 1 Page 235 of 1515 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 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the Mayor to sign the ARPA Subrecipient Partnership Agreement with Freedom Shores Elementary School to purchase programmable robots and materials for a Robotics Club in Grades 3 — 5 in the amount of $8,000.00, a copy of the Agreement is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 1 st day of March, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\ARPA Subrecipient Agreement with Freedom Shores - Reso.docx 2 YES NO Page 236 of 1515 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of FREEDOM SHORES ELEMENTARY SCHOOL THIS AGREEMENT entered into this 1st day of March, 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of FREEDOM SHORES ELEMENTARY SCHOOL". hereinafter referred to as "the SUBRECIPIENT," having its principal office at 3366 Forest Hill Blvd. A 323, West Palm Beach, FL and its Federal Tax Identification Number as 85-8013897253C-1. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A — Coronavirus State and Local Fiscal Recovery Funds. {00492534.1306-9905603} Page 1 of 10 Page 237 of 1515 1.8 "Program Income" means gross income received directly generated or earned from the use of ARPA funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, including but not limited to non -Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Eight Thousand Dollars and 00/100 ($8,000.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECIPIENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Eight Thousand Dollars and 00/100 ($8,000.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that do not comply with any and all requirements for use of ARPA funding. {00492534.1 306-9905603} Page 2 of 10 Page 238 of 1515 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual written agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.3 Prior to receipt of ARPA funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures for which payment is sought. 3.4 Release of funds is subject to the approval of the ARPA Project Manager, Finance Director, and/or City Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2021 to September 30, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ARPA funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the {00492534.1 306-9905603} Page 3 of 10 Page 239 of 1515 SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre -approved by the CITY. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, {00492534.1 306-9905603} Page 4 of 10 Page 240 of 1515 regulations and rules, including 2 CFR part 200, subpart E, OMB A-21, 2 CFR part 200, subpart F. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to 31 CFR 35.6 Treasury Department Interim Regulations, Treasury Department CSLFRF Frequently Asked Questions, and Treasury Department CSLFRF Compliance and Reporting Guidance. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by the Treasury. The SUBRECIPIENT shall allow the CITY or the Treasury to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or the Treasury. Ongoing monitoring of the SUBRECIPIENT will be done through quarterly reporting from the SUBRECIPIENT to the City. Reporting requirements will be based upon the SUBRECIPIENT'S risk assessment and in compliance with the CSLFRF Compliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. Monitoring will include identification of deficiencies in meeting stated {00492534.1 306-9905603} Page 5 of 10 Page 241 of 1515 requirements in Article II of this agreement and follow-up to ensure appropriate remediation. 9.6 Audits: Any non-federal agency and/or non-profit organization that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with 2 CFR 200, Subpart F, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of 2 CFR 200, Subpart E — Cost Principles b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit Requirements). c. Applicable provisions of 31 CFR 35.6. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of 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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY 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 Agreement. 9.9 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the ARPA Project Manager, certificate(s) of current insurance coverage. 9.10 Property: All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the {00492534.1 306-9905603} Page 6 of 10 Page 242 of 1515 SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the ARPA national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT {00492534.1 306-9905603} Page 7 of 10 Page 243 of 1515 shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. To the extent and limits of §768.28, Florida Statutes, SUBRECIPIENT will indemnify and be responsible for and hold CITY harmless from and against any and all claims, damages, costs, and expenses caused by its negligent or intentional acts, any copyright violations or arising out of the breach of this contract. Notwithstanding the forgoing, this provision is not intended to serve or constitute (i) an agreement by SUBRECIPIENT to indemnify CITY for its own negligence; (ii) a waiver of sovereign immunity by SUBRECIPIENT; (iii) a waiver of any defense SUBRECIPIENT may have under such statute; (iv) the consent of SUBRECIPIENT or its officers, employees to be sued; or (v) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28 of the Florida Statutes. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. 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. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. {00492534.1 306-9905603} Page 8 of 10 Page 244 of 1515 e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT 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 Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20_ WITNESSES: M Print Print STATE OF FLORIDA COUNTY OF PALM BEACH Title The foregoing instrument was acknowledged before me this _ day of , 20_7 by Personally Known _ OR Produced Identification _Type of Identification Produced Seal NOTARY PUBLIC Signature Print ATTEST: CITY OF BOYNTON BEACH, FLORIDA {00492534.1 306-9905603} Page 9 of 10 Page 245 of 1515 la City Clerk Mayor Approved as to form: City Attorney {00492534.1 306-9905603} Page 10 of 10 Page 246 of 1515 City of Boynton Beach ARPA Subrecipient Subaward Agreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT "A" - SCOPE OF SERVICES Project Name: FREEDOM SHORES ELEMENTARY SCHOOL ROBOTICS CLUB ARPA Funding Priority: Educational Opportunities and Job Skills Development Project Location: 3400 Hypoluxo Rd., Boynton Beach, FL 33436-8564 Project Manager: Michael Sabatino Company: Freedom Shores Elementary School LACES School ID 120150003898 Number: Contact Name: Michael Sabatino Contact Email: michael.sabatino@palmbeachschools.org Contact Mailing 3400 Hypoluxo Rd., Boynton Beach, FL 33436-8564 Address: Project Description Freedom Shores Elementary School is a Title 1 (serves low-income students) school and students do not have an opportunity to work with Robotics and be exposed to the field of Coding. This Robotics Club will be instructed by Teachers and provide valuable skills that could potentially lead to continued interest in the field and higher paying job opportunities after High School graduation. Deliverables: Metrics: Number of students participating in club, broken down into (Metrics/Outcomes) grades 3, 4, and 5. Outcomes: Would like to see a total of 20 students participating. Payment Terms: Advance payment. Receipts for all eligible expenditures identified in the project budget must be provided with the quarterly reports for the reporting period in which they were spent. All quarterly reports and corresponding eligible expenditure receipts must be provided to the ARPA Project Manager at 1r„firu„irrGLaLfl,�us no later than 4:00 pm on the 15t” day of the month following each quarter, until project is Closed Out by the City. (See Quarterly Reporting Schedule below). The Subrecipient will be notified in writing by the ARPA Project Manager of any expenditures that are deemed non -eligible. All other terms of this ARPA Subrecipient Agreement apply. Project Timeline: Project Start Date: Upon receipt of funding. Project End Date: At Project Close Out by the City, and no later than December 15, 2024. Subrecipient must provide quarterly reports as indicated in the Quarterly Reporting Schedule below. Quarterly reports must include: • All ARPA funds received from the City for each quarter and total to date. • All eligible expenditures of ARPA funds received from the City each quarter and total to date. • All metrics and outcomes for each quarter and total to date. • All receipts for eligible expenditures of ARPA funds spent within the reporting quarter. Page 247 of 1515 BUDGET Purchase of programmable robots and materials to create courses for robots to complete = $8,000.00 Robotics Club Ozobots (2 sets @ $2,990.00 ea.) (18 per set) Quarterly Reporting Schedule Materials for Building Courses & Other Tracks for the Robots Report Year quarter Period Covered Due Date 1 2022 1 January 1— March 31 April 15, 2022 2 2022 2 April 1—June 30 July 31 July 15, 2022 3 2022 3 July 1— September 30 October 15, 2022 4 2022 4 October 1 — December 31 January 15, 2023 5 2023 1 January 1— March 31 April 15, 2023 6 2023 2 April 1—June 30 July 31 July 15, 2023 7 2023 3 July 1— September 30 October 15, 2023 8 2023 4 October 1 — December 31 January 15, 2024 9 2024 1 January 1— March 31 April 15, 2024 10 2024 2 April 1—June 30 July 31 July 15, 2024 11 2024 3 July 1— September 30 October 15, 2024 12 2024 4 October 1 — December 31 January 15, 2025 BUDGET Purchase of programmable robots and materials to create courses for robots to complete = $8,000.00 Robotics Club Ozobots (2 sets @ $2,990.00 ea.) (18 per set) $5,980.00 Materials for Building Courses & Other Tracks for the Robots $2,020.00 Total Budget $8,000.00 Page 248 of 1515 6.1. Consent Agenda 3/11/2022 Requested Action by Commission: Approve the purchase of a replacement Foley Accu Pro 633 reel grinder in the amount of $38,797.00 via South Florida's sole source provider Hector Turf. Explanation of Request: The purchase of a new Foley Accu Pro 633 reel grinder is needed to replace the golf course's antiquated reel grinder which is over 20 years old. The current reel grinder has had multiple issues, has required extensive repairs and is at the end of its useful life for the asset. A replacement reel grinder will improve the City's capability to provide the level of service which our golfers expect in addition to a well maintained green space. How will this affect city programs or services? A new reel grinder will ensure smooth greens and better aesthetics for the golfer by keeping the reels sharp on the mowers. Fiscal Impact: This expense has been included in FY2021-2022 budget under line item 411-2911-572.63-01. Alternatives: By delaying this purchase the golf course will continue to spend money on expensive repairs to the existing reel grinder and will not provide the best level of service to our golfers. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? No Grant Amount: Attachments: Type Description ttach irTIEN11t 4: L.aiOtEt , a ind Saflbl SOLArCE) II.....ettENr Page 249 of 1515 1301. 110 W PAP 3rd c tn:4 Lt ;ea1!'k 4ud Mach, FL 33442 i0 9544 q.Vffl: f Maui X454725,67 by Sold To: The Links at Baynton Beach Attn: Mr. Glen Landgraf Golf Course Superintendent 8020 Tog Road Boynton Beach, FL 33472 email: Quotation Date: 02/08/22 Quote # Q11022-2 Terms NET30 Pricing subject to change based on supply chain volatility. It is the desire of Hector Turf to deliver the product(s) we quote to you at the prices quoted today. Current unprecedented market conditions make it necessary to inform our customers there is the possibility afa price change even after the order is placed In the event there is a price change and you do not want to pay the upcharge, your order can be cancelled with no penalty. Tereus All Prices Quoted FOB Deerfield Beach Unless Otherwise Indicated. The Preceding Pricing Is Valid For 30 Days, Prices and Incentives Based Upon Complete Package Purchase. Prices Include Assembly Where Applicable and Accessability to Parts and Service Manuals. Timing of Delivery May Vary and is Subject To Manufactures Availability. Purchaser is Responsible for ApplicableTaxes and Duties. No credit card payments on equipment purchases. Thank you for considering Hector Turf for your equipment needs. If I can be of any farther assistance, please do not hesitate to contact me. Quotation Provided By: RECTOR TURF Thomas B DeXoung Senior Sales Representative Commercial Products (561) 718-4121 Page 250 of 1515 l �kr !IV Ito* 1301. 110 W PAP 3rd c tn:4 Lt ;ea1!'k 4ud Mach, FL 33442 i0 9544 q.Vffl: f Maui X454725,67 by Sold To: The Links at Baynton Beach Attn: Mr. Glen Landgraf Golf Course Superintendent 8020 Tog Road Boynton Beach, FL 33472 email: Quotation Date: 02/08/22 Quote # Q11022-2 Terms NET30 Pricing subject to change based on supply chain volatility. It is the desire of Hector Turf to deliver the product(s) we quote to you at the prices quoted today. Current unprecedented market conditions make it necessary to inform our customers there is the possibility afa price change even after the order is placed In the event there is a price change and you do not want to pay the upcharge, your order can be cancelled with no penalty. Tereus All Prices Quoted FOB Deerfield Beach Unless Otherwise Indicated. The Preceding Pricing Is Valid For 30 Days, Prices and Incentives Based Upon Complete Package Purchase. Prices Include Assembly Where Applicable and Accessability to Parts and Service Manuals. Timing of Delivery May Vary and is Subject To Manufactures Availability. Purchaser is Responsible for ApplicableTaxes and Duties. No credit card payments on equipment purchases. Thank you for considering Hector Turf for your equipment needs. If I can be of any farther assistance, please do not hesitate to contact me. Quotation Provided By: RECTOR TURF Thomas B DeXoung Senior Sales Representative Commercial Products (561) 718-4121 Page 250 of 1515 Purchasing Division SolelSingle Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition - Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or, c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. Point of Contact and Title What other vendors were contacted? (List company name, contact, and phone number and explain why they were not suitable) Golf Course Maintenance Tommi Ylijoki ............. 561-742-6511 Hector Turf . 1301 NW 3rd Street Deerfield Beach, FL 33442 954429-3200 Tom DeYoung, Senior Sales Representative Hector Turf is the Sole Source provider of the Foley Accu Pro 633 reel grinder. Reel Grinder Foley Company, .. Accu Pro 633 Manual Control spin/relief reel grinder/ Model A 6330911 $38,797.00 Did you negotiate the terms or prices with the vendor? ® Yes ❑ No 1 Page 251 of 1515 Purchasing Division SolelSinglle Source Justification Form Why is this price considered to be fair and reasonable? The price of these mowers have not increased in several years, unlike other equipment. Additionally, the time and labor saved on mowing our lake banks with ached mower justifies the cost. an attached �- , _ ...._._._._ �,,,W _._. . Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re-purchase for compatibility reasons) El Yes ® No This is a sole source because (choose any that apply): ® Sole provider of a licensed or patented good or service ® Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service ❑ Sale provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) .. ........ �� _ ....rv.. __ __mmm.... �� m.��. m�,� ��..�..,,,,e m� .__....._ _..� What necessary features does this vendor provide which are not available from other vendors? Please be k specific. Hector Turf is the exclusive, authorized, sole source provider of Foley Company products for Southeast Florida. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my park nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or frim been a deciding influence on my request to sole source this purchase when there are other known suppliers that exist 1. Department Director Signature Date 2. Purchasing Manager finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend ado not recommend this being certified as a sole source. Required ❑ ! t req,wire be advertised for a period of 7 business days before ward. .ll . �� d +"�� ..� ,,,,,,,a, ,,,..,..� ...._ _._ �,,.�� ..� _ �a _.._ ._ m ............ ..................... 1 Signature Date' Page 252 of 1515 rs�rrrr Y �w�s� f VIA ibC�fliu it C 0 M P A H Y 175Q,,,Rden Road„ Prscptt WIm 54021 To Whom It May Concern January 12, 2022 Please accept this letter as recognition to confirm that Hector Turf is our exclusive, authorized, sole source distributor for Foley Company products for Southeast Florida. We are very pleased to have been their partner over the last 20 plus years as they are the market leader in the Golf & Turf Industry. Their service and support to the customer reflects the same strong commitment to excellence that Foley Company strives for as we supply the premium products in our respective product groups. If you require any further information, please do not hesitate to contact me. Kind Regards, Ron Blodgett Senior Regional Manger Foley Company 393 Troy Street River Falls, Wisconsin 54022 Phone: 612-308-6936 rol _ ett _ folyco.co www foie , co.com Page 253 of 1515 6.J. Consent Agenda 3/11/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Legal Expenses - January 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: Type D ffach irTIENI'lt D ffach irTIENI'lt D ffach irTIENI'lt D ffach irTIENI'lt D ffach irTIENI'lt Description (:.,)oir'Esir': Clh E)rof Jla ll'Kiiair'y 2022 I1111VOliCE)S (:.,)oir'asir: Clh E)rof Risk Il.....lifligaflioin Jla ll'i lair'y 2022 I ir:VOiCE)S JlOIIIass II:::::0StE)ir' fbwn SgUia ir'E) Illifligaflioin Jlair Ulair'y 2022 f fUltsidE) COLAII:SE> fll I cJ:::::addasir: Jl air:Uiair'y 2022 f L.aitsidE) COLAII:SE> fll If asadc' in Jl air:Uiair'y 2022 Page 254 of 1515 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson LABOR - General 01/06/2022 01/13/2022 01/14/2022 01/19/2022 01/20/2022 01/21/2022 01122/2022 GOREN, CHEROF, DOODY & EZROL, P.A, Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 JAC Communicate with PBA attorney Larry Fagan regarding Marsy law; Conference with SB and research regarding same ACCOUNT NO: STATEMENT NO: SHB Discuss pending matters with JAC; follow up re: press conference re: civil lawsuit. SHB Discuss various pending labor matters with JAC. Receive and review correspondence re: traffic incident. SHB Telephone conference with Snow re: administrative leave matters. Discuss admin leave with JAC. Discuss pending matters with JAC, t_averriere, Gregory, and Snow. JAC Conference call with manager and team regarding investigation options and limitations; follow up preparation for informing Commission of legal matters SHB Review various documents and correspondence re: traffic incident, Follow up re press statements from driver's attorney. SHB Various correspondence and discussion with JAC and Oldbury re: employee administrative leave matters. JAC Calls, review and preparation regarding notice of claim, decorum requirement city commission meeting; preparation for conference with LL and WH; law research DOJ options SHB Telephone conference with CM, Chiefs, HR, and JAC re: memo to Commission and pending PRR matters. Begin drafting legal elements of memo. Discuss various matters and case law with JAC. Receive and review PD IA summary. Send draft memo to City for review, Review correspondence from Leitner re: PRR; discuss with GB. Revise administrative leave letter. JAC On-site conference with Vice Mayor and City Manager; follow up review and research; assist in drafting LL memorandum to Commission 01/23/2022 JAC Continue assistance with preparation for CityManager statement; SHB Review and revise memo re: traffic matter. 01/24/2022 SHB Telephone conference with Oldbury re: memo to commission. Review revised memo and follow up with Oldbury. Discuss memo with JAC. Various correspondence with Leitner re: PRR matters.Call with JAC and counsel for PRR requestor re: documents requested. JAC Call with Daniela Abratt regarding public records request related to potential Page: 1 02/02/2022 306-0603180 39655 HOURS 1.20 0.50 1.60 2.50 2.00 1.30 0.90 5.00 4.50 3.00 0.80 0.30 1.10 Page 255 of 1515 Page: 2 CITY OF BOYNTON BEACH 02/02/2022 ACCOUNT NO: 306-0603180 STATEMENT NO: 39655 LABOR - General HOURS claim and traffic incident; follow up research in discussion with Shana Bridgeman and staff 2.00 01/25/2022 SHB Meeting re: memo to Commission. 0.60 SHB Follow up with SLater re: PRR matters. Telephone conference with Leitner re: PRR matters. 0.60 JAC Review, calls regarding, research, public records related to potential claims 3.00 01/26/2022 SHB Discuss revisions to Commission memo with Oldbury and JAC. Send memo revisions to Oldbury for review. Discuss sun -sentinel PRR matters with Slater. Research re: exemption matters; follow up with JAC. 2.10 JAC Follow up discussion and review with attorneys and CityManager; Preparation regarding records and Marsys law issues 3.30 01/27/2022 SHB Telephone conference with Slater re: PRR matters. Discuss various PRR matters with JAC and GB. Telephone conference with Gregory re: PRR matters. Meeting with JAC, and City Manager re: PRR matters. Research re: exemptions. Various correspondence re: records requests. Receive and review notice of intent to sue re: traffic incident. Follow up with PD re: FHP attorney contact. Call to FHP. Various correspondence with Leitner re: records requests. Discuss MArsy matters with GB, 4.90 01/28/2022 SHB Telephone conference with Slater re: pending PRR matters. Follow up call and correspondence to FHP attorney Coln re: PRR matters. Discuss pending PRRs with JAC, PD, City Manager, HR. 2.10 01/31/2022 JAC Follow up with Shana Bridgeman regarding Sun Sentinel public records request for employee records 0.40 SHB Telephone conference with Daniela Abratt re: pending public records requests. Discuss PRR matters with AC DeGiulio. Various PRR discussions with JAC and GB. Review status of pending public records requests and follow up with City staff. Follow up with FHP attorney Coln re: public records requests. 2.10 FOR CURRENT SERVICES RENDERED 45.80 10,305.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 20.70 $225.00 $4,657.50 SHANA H. BRIDGEMAN 25.10 225.00 5,647.50 TOTAL CURRENT WORK 10,305.00 BALANCE DUE $10,305,00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 256 of 1515 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 02/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-0806020 Boynton Beach FL 33435 STATEMENT NO: 39656 Attn: Lynn Swanson Red Light Cameras HOURS 01/03/2022 SHB Review and approve NOls. Discuss appeal matters with MDC. Follow up with Hawkins. 0.70 MDC confer with Shana Bridgeman on request to appeal a dismissed ticket 0.30 PE Converted notices to PDF/A and a -filed notices for 1/25/2022 hearing. Sent prose notices to printer for mailing. Updated tracking log. 2.00 01/04/2022 SHB Telephone conference with Hawkins re: appeal matters. 0.10 JAC Review status of RLC program/legal issues and tasks. 1.20 01/10/2022 PE Sort organized and prepared 12 notices. Converted notices to PDFIA and TIMEKEEPER HOURS HOURLY RATE e -filed notices for 1/25/2022 hearing. Sent prose notices to printer for JAMES A. CHEROF 1.20 $225.00 mailing. Updated tracking log. 2.00 SHB Review and approve NOls. 0.40 01/13/2022 SHB Review and update NOI and red light procedures. 0.30 PE Emailed, checked and confirmed violator address. Looked up subpoenas in TOTAL CURRENT WORK Varonis. 0.60 01114/2022 SHB Follow up re: pending NOls and trials. Review and approve updated address NOls. 0.40 01/18/2022 PE Sort organized and prepared 26 notices for 2/2022 hearing, Looked up case on the clerks website. Sent prose notices to the printer for mailing. Converted to PDFIA and e -filed. Updated tracking log. 6.60 SHB Review and approve NOls. 0.30 01/26/2022 SHB Various correspondence and discussion re: contract matters. 0.30 FOR CURRENT SERVICES RENDERED 15.20 2,300.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.20 $225.00 $270.00 MICHAEL D. CIRULLO 0.30 225.00 67.50 SHANA H. BRIDGEMAN 2.50 225.00 562.50 PATRICIA EUGENE 11.20 125.00 1,400.00 TOTAL CURRENT WORK 2,300.00 Page 257 of 1515 Page: 2 CITY OF BOYNTON BEACH 02f0212022 ACCOUNT NO: 306-0806020 STATEMENT NO: 39656 Red Light Cameras BALANCE DUE $2,300.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 258 of 1515 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 Bankruptcy 01119/2022 KLE Conference with Gal Betesh. FOR CURRENT SERVICES RENDERED TIMEKEEPER KERRY L. EZROL TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS 0.20 Page: 1 02102/2022 ACCOUNT NO: 306-9304150 STATEMENT NO: 39658 HOURS 0.20 0.20 45.00 HOURLY RATE TOTAL $225.00 $45.00 45.00 $45.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 259 of 1515 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 General Matters ACCOUNT NO STATEMENT NO HOURS 01/02/2022 SHB Review various media and social media reports re: traffic incident; discuss with JAC. 1.70 01/03/2022 SHB Attend Leadership Team meeting. Discuss pending matters with JAC and 01/04/2022 JAC Gregory. Review various correspondence re: incident. Review case law re: 5.00 HN criminal charge matters. Attending staff meeting to coordinate and prepare for commission meeting, 3.00 QEM Review and evaluation of update from staff re: Johnson Controls 0.40 QEM agreements termination. 0.60 QEM Review and evaluation of Dell Quote; coordinate with Ms. Swanson re: 0.90 QEM matter. 0.80 QEM Review of Terminix Commercial Pest Control Agreement PD Crime 1.40 SHB Prevention Boynton; coordinate with Ms. Swanson. 0.80 BJS Follow up re: Affidavit of Compliance Question 0.40 SMS Correspondences and review related to Unity of Title for Wells Landing. 0.50 JAC Review Mignoli correspondence; Review dirtbike incident issues; review 11.20 SMS pending staff issues; miscellaneous research regarding records and reports related to ongoing investigation 4.70 JAC Review and approve employment letters; follow up regarding the Pierce 1.50 project; call Vice mayor regarding pending post accident issues; review request for publishing; Review issues regarding quantum Park property owners association close out; Review FAU professional services agreement; review entertainment agreement 5.00 01/04/2022 JAC Prepare for and virtually attend city commission meeting 5.00 HN Email and phone message for Glenn Weiss re: mural ordinance. Email to JAC re: notice of surplus funds from tax deed sale relating to westgate property. Review of lien. 0.40 QEM Review of additional documents re: Dell Quote; respond to Ms. Swanson re: matter. 0.90 QEM Review and evaluation of revised The Links at Boynton Beach (City of Boynton Beach) Pace Shield Agreement. 1.40 SHB Attend organizational meeting to prepare for Commission meeting. Various correspondence and discussion re: meeting logistics. Review and sign agreements. Review code, application forms, and City procedures re: waiver of fees. 11.20 SMS Review of Development Documents and ILA related to Note to Wells Landing Development. 1.30 JAC Virtually attend meeting 1.50 Page: 1 02/02/2022 306-9001821 39657 Page 260 of 1515 Page: 2 CITY OF BOYNTON BEACH 02/02/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 39657 General Matters �� 01/05/2022 QEM Finalize review and provide comments to Mr. Ylijoki re: the Links at Boynton 01/06/2022 HN Email to Miek Rumpf re: street performer permit question. 0.10 SHB Follow up with PD re: pending PRR matters. Telephone conference with JAC, Gregory, and Snow re: various PRR matters. Research re: PRR exemptions and discuss with JAC. Follow up re: recently -filed legislative bills, confirm legislative session dates and update spreadsheet. 2.40 QEM Review and evaluation of Republic procurement documents and draft cure notice from staff; correspond with staff re: additional questions. 2.60 QEM Review and respond to staff re: Run Fire Track Club documents. 0.80 JAC Calls in preparation regarding analysis of use of right of way for development density calculation; conference call regarding city towing; conference call regarding Sara Sims plat; 4.70 01/07/2022 MDC Beach (City of Boynton Beach) Pace Shield Agreement. 1.00 MDC review emails on canal ownership inquiries from Utilities Director; telephone conference call with Jim Cherof 0.40 QEM Review and evaluation of Youth Orchestra of Palm Beach County Facility 0.20 QEM Use Agreement; edit document and transmit changes to Ms. Swanson for processing. 1.00 SHB Various correspondence and discussions re: PRR matters. Research re: exemptions, remedies, and penalties. 1.70 HN Attend meeting with PBLOC, cities, and county re: opioid settlement and interlocal agreement for regional funds. 3.40 SMS Review of Unity of Title documents and correspondences with staff. 0.60 JAC City commission meeting follow up with SB and LL; conference with Mike Cirullo regarding canals, assessments, and other pending litigation issues; conference call regarding Sunset Drive with staff and property owners attorney;Review explorers agreement; follow up regarding disposition of 2.40 GB Sara Sims Park plat issue;Calls, research and review concerning motorbike 0.10 JAC accident 7.20 01/06/2022 HN Email to Miek Rumpf re: street performer permit question. 0.10 SHB Follow up with PD re: pending PRR matters. Telephone conference with JAC, Gregory, and Snow re: various PRR matters. Research re: PRR exemptions and discuss with JAC. Follow up re: recently -filed legislative bills, confirm legislative session dates and update spreadsheet. 2.40 QEM Review and evaluation of Republic procurement documents and draft cure notice from staff; correspond with staff re: additional questions. 2.60 QEM Review and respond to staff re: Run Fire Track Club documents. 0.80 JAC Calls in preparation regarding analysis of use of right of way for development density calculation; conference call regarding city towing; conference call regarding Sara Sims plat; 4.70 01/07/2022 MDC Review information on utility accounts for Sunny South Mobile Home Park 0.40 QEM Review and evaluation of correspondence and documents re: Gale Renewal Quote - Plan Builder; respond to Ms. Swanson re: matter. 1.40 QEM Telephone conference with Mr. Young re: use agreement issue. 0.20 QEM Review of follow-up responses from staff re: Republic Agreement; continue coordination with staff or termination. 1.20 QEM Review and edit Women's Club/Highwaymen Facility Use Agreement; correspond with Ms. Swanson to transmit same to staff. 1.70 HN Review and revisions to the mural ordinance. Drafted agenda cover sheet and email to Lynn. Review of Charles Stevens' email re: Fortinet NDA. Review of Fortinet revisions to Agreement. Email to Charles Stevens cc SHB and Lynn Swanson. Phone discussion with Glenn Weiss re: mural ordinance, resolution, and cover sheet. Edits to ordinance, resolution and cover sheet. Email to Glenn Weiss cc Kathryn Matos, Mike Rumpf, JAC, and Lynn. 2.40 GB Emails with the City regarding Advanced Roofing settlement. 0.10 JAC Review, analyze, and calls regarding public records request and Marsy'law; Follow up research regarding same;Exchange with LL regarding public records request and format/forms; continue review and evolution of revised mural ordinance; review, final, and distribute January legislative update memo to Commissioners; continue review of Mignoli emails; follow up regarding ocean ridge water distribution system research and meeting 3.50 Page 261 of 1515 Page: 3 CITY OF BOYNTON BEACH 02/02/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 39657 General Matters Page 262 of 1515 HOURS SHB Review recently -filed legislation and update spreadsheet. Prepare and send memo to client enclosing latest legislative spreadsheet. Various correspondence and discussions re: PRR requests; send response to Chief and Slater. Coordinate meeting re: DAVID MOU. 2.30 JAC Review of CRA meeting and draft documents related to Pierce development 2.50 01/10/2022 QEM Review of email correspondence from Ms. Mootz re: Republic Construction Company Agreement; finalize document draft based on coordination with staff; transmit draft correspondence to staff re: matter. 1.40 HN Email exchange with Charles Stevens re: fortinet agreement. 0.10 JAC Review and reply to emails and follow up delegation to assistant CityAttorney's regarding pending matters; follow up regarding draft ordinance for conditions of utility service; follow up regarding maps and records of canal ownership for discussion with utilities Director; respond to request regarding social distancing and mask policy for public meetings; update review of federal and state regulations and legal challenges; modify language regarding remote working for contract employees; review marketing and digital connectivity small business grant documents; Review and approve notices and employment agreements 5.00 SHB Attend FLOC Monday Morning call-in. Update legislative tracking spreadsheet. Telephone conference with PD re: DAVID MOU renewal document. Various correspondence and discussions with Slater and JAC re: PRR matters. 1.10 01/11/2022 SHB Discuss various PRR matters with PD and JAC. 0.40 QEM Review and respond to inquiry re: agenda readiness re: The Links at Boynton Beach (City of Boynton Beach) Pace Shield Agreement. 0.70 QEM Review, evaluation and edit of Sports Provider Agreements for Legal review for the following organizations: Boynton Beach Athletic Association (BBAA) and Boynton Beach Little League (BBLL); transmit edited versions to staff for review. 3.80 GB Email to City regarding MLK day event and waiver for cheerleaders to sign. 0.10 JAC Review agenda items for city commission meeting; Review ARPA final rules and related city approvals and approval processes; 3.60 SMS Conference call and review related to final execution of Lutheran Documents. 0.50 01/12/2022 GB Edits to waiver and release for cheer performance during the Martin Luther King Jr. celebration. 0.70 QEM Review, respond and coordinate termination of Agreement correspondence to Republic with staff. 0.70 QEM Review and respond to Ms. Swanson re: Terminix Commercial Pest Control Agreement PD Crime. 0.40 JAC Finalize agenda review for commission meeting; prepare for and conduct and follow up regarding Venetian Isle canal ownership and maintenance issues; follow up review and call regarding campaign activities at city events; discuss and prepare regarding use of right of way in calculation of density; call to Bonnie Miskel regarding same; final research regarding FDOT Reservation release 4.00 SHB Review and begin revision of form chronic nuisance agreement. Attend chronic nuisance meeting. Follow up with HN re: Laurore. Discuss park ordinance with HN. Follow up with Stone re: code compliance affidavits. 2.60 SMS Review of file and information related to TIIF Reservations and related releases; Correspondences related to Wells Landing Loan Docs. 1.20 Page 262 of 1515 Page: 4 CITY OF BOYNTON BEACH 02/02/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 39657 General Matters �� 01/13/2022 QEM Review and evaluation of Universal Engineering Sciences, LLC issue; 01/14/2022 QEM Review and evaluation of Woman's Center (Thyssen Krupp Agreement/Contract); coordinate outstanding issues with staff. 2.60 HN Phone discussion with Kacy Young re: park ordinance. Started to draft ordinance. Review of palm beach county's sound ordinance, city's sound ordinance and broward county's sound ordinance. 2.50 QEM Reveiw and evaluation of updated BBAA and BBLL Agreement; respond to staff re: matter. 1.10 SMS Review of closing binder for title work on FDOT reservation. 0.40 JAC Review pending assignments, staff requests, issues regarding traffic crash, pending legislation affecting municipalities; Review 944 Sunset Dr. proposals 3.80 01/15/2022 SHB Various research, correspondence, and discussion re: anti -riot act enforcement. 0.70 01/17/2022 JAC Review agenda and prep for meeting; review ACATTY assignments 2.00 01/18/2022 JAC Prep for and attend Comm meeting; calls re: Ocean Ridge issues and meeting 9.00 SHB Attend Monday Morning Call-in and update legislative tracking list. Attend City Commission Meeting. Discuss Magistrate matters with Guim. 5.10 01/19/2022 HN Review of case law relating to sound amplification devices. Edits to Park ordinance. Email to SHB with draft ordinance and legal analysis. Phone discussion with Kacy Young. Edits to park ordinance. 2.50 DS Reviewed and revised Entertainment Agreement. 0.50 QEM Review of EZGO, Dell, and Universal Sciences matters and follow-up with Ms. Swanson re: status of matters. 1.10 JAC Commission meeting follow up; discuss Commission issues with assistant city attorney 2.00 SMS Review of Tax Increment Funding Agreement 0.80 01/20/2022 SHB Discuss Code Magistrate matters with JAC. Discuss PRR matters with JAC. 0.30 QEM Review and evaluation of Bibliotheca cloudLibrary Platform and cloudLink Renewal - Coming Due 2/1 - City of Boynton Beach - Boynton Beach City Library - US -118959-F1 H3 - 14; respond to Ms. Swanson re: matter. 0.80 DS Drafted email to G. Favitta re: Entertainment Agreement (Events). 0.30 Page 263 of 1515 respond to Ms. Pinto with proposed solution of issue. 2.20 DS Reviewed and revised Entertainment Agreement template. Discussed entertainment agreement with G. Favitta. 1.20 SMS Calls, review of documents, and review of TIFF application related to ROW releases; Correspondences and payment of Doc Stamps and recording fees for Lutheran Closing. 1.40 HN Review of minutes relating to the parks ordinance. Review of commission transcript related to ordinance. Review of City's Code of ordinances related to sound and parks. Left voice message for Kacy Young. 1.60 SHB Review various PRR documents and follow up with HR. 3.70 JAC On-site office administration issues; review and sign agreements and other documents; file review regarding canals, canal ownership, height limits, charter amendments; Assist in drafting response to candidates regarding use of city space and campaigning literature handouts; follow up research regarding same Florida division of elections 5.00 01/14/2022 QEM Review and evaluation of Woman's Center (Thyssen Krupp Agreement/Contract); coordinate outstanding issues with staff. 2.60 HN Phone discussion with Kacy Young re: park ordinance. Started to draft ordinance. Review of palm beach county's sound ordinance, city's sound ordinance and broward county's sound ordinance. 2.50 QEM Reveiw and evaluation of updated BBAA and BBLL Agreement; respond to staff re: matter. 1.10 SMS Review of closing binder for title work on FDOT reservation. 0.40 JAC Review pending assignments, staff requests, issues regarding traffic crash, pending legislation affecting municipalities; Review 944 Sunset Dr. proposals 3.80 01/15/2022 SHB Various research, correspondence, and discussion re: anti -riot act enforcement. 0.70 01/17/2022 JAC Review agenda and prep for meeting; review ACATTY assignments 2.00 01/18/2022 JAC Prep for and attend Comm meeting; calls re: Ocean Ridge issues and meeting 9.00 SHB Attend Monday Morning Call-in and update legislative tracking list. Attend City Commission Meeting. Discuss Magistrate matters with Guim. 5.10 01/19/2022 HN Review of case law relating to sound amplification devices. Edits to Park ordinance. Email to SHB with draft ordinance and legal analysis. Phone discussion with Kacy Young. Edits to park ordinance. 2.50 DS Reviewed and revised Entertainment Agreement. 0.50 QEM Review of EZGO, Dell, and Universal Sciences matters and follow-up with Ms. Swanson re: status of matters. 1.10 JAC Commission meeting follow up; discuss Commission issues with assistant city attorney 2.00 SMS Review of Tax Increment Funding Agreement 0.80 01/20/2022 SHB Discuss Code Magistrate matters with JAC. Discuss PRR matters with JAC. 0.30 QEM Review and evaluation of Bibliotheca cloudLibrary Platform and cloudLink Renewal - Coming Due 2/1 - City of Boynton Beach - Boynton Beach City Library - US -118959-F1 H3 - 14; respond to Ms. Swanson re: matter. 0.80 DS Drafted email to G. Favitta re: Entertainment Agreement (Events). 0.30 Page 263 of 1515 Page: 5 CITY OF BOYNTON BEACH 02/02/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 39657 General Matters SMS Discussion, review of ordinance and legal description based on Vacation; 0.20 QEM Review of PD Lease Agreement at Yachtmans Plaza for termination. 0.70 JAC Prepare for and participate in conference call regarding water distribution 0.80 JAC system with Town of ocean ridge; follow up research regarding Ocean Ridge Landing owner dispute litigation and request for BB service; review 0.20 JAC status of senate bill 620 and impact on city operations and legislative matters;Follow up regarding public records request from Mignoli; calls and review regarding possible interruption of city event 4.60 01/21/2022 QEM Review of updated status on EZGO contract. 0.20 DS Discussed entertainment agreement with G. Favitta (Events). 0.10 JAC Review Mignoli correspondence; review correspondence and follow up 7.50 SMS regarding the Pierce development project; review emails; review assistant 0.40 01/26/2022 MDC CityAttorney assignments and correspondence; review 'Dunmyer email regarding use of public space; Correspond to Daniela Abratt regarding 0.50 JAC phone call 3.20 SMS Correspondences on annexation legal description. 0.20 01/24/2022 MDC review emails on utility matters 0.20 QEM Review and evaluation of Recreation & Parks- Sports Provider Agreement to respond to inquiry from staff; respond to staff re: matter. 0.80 JAC Review and research regarding pending city commission agenda items; miscellaneous calls with Lynn Swanson regarding same; review fire fighter 0.20 JAC campaigning issue with CityManager; review staff correspondence regarding use and aberrant behavior of invitees; Research options for limited use or trespassing warnings 4.20 SMS Correspondence on Lutheran executed documents. 0.20 01/25/2022 QEM Respond to additional question from staff re: School Board Sports Page 264 of 1515 Agreement. 0.70 DS Discussed entertainment agreement with Richard Ignoffo. Drafted email to G. Favitta re: entertainment agreement. 0.60 HN Email exchange with SHB re: park ordinance. Email to Kacy Young cc SHB with draft ordinance. 0.20 JAC Review and approve/modify agenda items; prepare for and attend planning and development board meeting; review City Hall Cafe RFP;Correspondence with attorney regarding Saint Mark's lease and land swap option; Review pending legislative issues and potential impact on city; discuss implementation of state legislation if enacted as related to ordinances on local businesses 7.50 SMS Correspondence on Lease Termination for Yacht Center. 0.40 01/26/2022 MDC Conference with Utilities Re: Lake IDA and regulatory compliance with water discharges 0.50 JAC Follow up with staff regarding pride intersection in Memorial; review correspondence from Gemma Torcivia;Follow up regarding planning and development Board meeting; review miscellaneous pending assignments with assistant city attorneys; Follow up with Lynn Swanson regarding agenda issues; follow up concerning ocean ridge utility issues; 3.30 SMS Review note and mortgage documents for Wells Landing and related ILA with the CRA. 1.40 Page 264 of 1515 CITY OF BOYNTON BEACH ACCOUNT NO: STATEMENT NO: General Matters HOURS 01/27/2022 JAC Review city commission agenda items; discuss same with CityManager; calls to assistant CityManager regarding agenda items; follow up regarding intersection plaque; emails with Gemma Torcivia and Rand Hoch regarding same; Update review of state and federal Covid related rules and regulations for public workplaces; review Mignoli emails; 3.80 SMS Review of Wells Landing Subordination Agreement. 0.40 01/28/2022 DS Reviewed email from Richard Ignoffo re: Intracoastal park access. Reviewed access agreement. Drafted email to R. Ignoffo re: access agreement. 0.40 QEM Review and coordinate additional mailing for Republic Construction termination letter with staff. 0.40 JAC Review Magnoli emails; review issues regarding condominium inspection raised by property owner; follow up regarding landfill close out; review status of pending legislative bills affecting municipalities; follow up regarding planning and development board issues; calls with manager; call with Mayor regarding pending issues; Review office issues with Lynn Swanson; follow up regarding canal maintenance and assessments 4.70 01/31/2022 QEM Begin review of Vice retail Sales Agreement for golf course. 1.90 SHB Attend FLOC weekly legislative call-in. Telephone conference with Spates re: Marsy's Law policy. Follow up re: 911 meadows cir lien reduction matters. Discuss pending legislative bills and committee matters with JAC. Various correspondence with City and property owner re: lien reduction for 911 meadows circle; review code of ordinances and supporting documentation. 1.70 MDC Telephone conference call with property owner counsel regarding water utility matters 0.20 JAC Review condominium inspection issue with staff and LL; follow up review of pending state legislation regarding periodic inspections; review commission agenda and prepare for meeting; review employment agreements; calls with Clerk regarding add on agenda item; call with K. Matos regarding same; review CityManager monthly report and CityAttorney pending items; review Magnoli correspondence; Call with Rand Hoch and follow up on agenda backup/pride intersection 5.30 SMS Call with CRA Executive Director related to Wells Landing and review of additional revisions to documents. 0.70 FOR CURRENT SERVICES RENDERED 204.50 TOTAL CURRENT WORK BALANCE DUE Page: 6 02/02/2022 306-9001821 39657 20,224.50 20,224.50 $20,224.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 265 of 1515 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 02/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9904950 Boynton Beach FL 33435 STATEMENT NO: 39659 Attn: Lynn Swanson Litigation Miscellaneous AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 266 of 1515 HOURS 01/03/2022 BJS Review correspondence from Chief Snow and follow up re: Disposal of Property 0.60 01/10/2022 JAC Review pleadings and assistant CityAttorney activity 0.80 01/14/2022 JAC Pleading audit 0.50 01/20/2022 SHB Receive and review Motion to Dismiss. Discuss case matters with Sgt. Murphy. Review arrest history and pre-trial diversion conditions. Prepare and file Nolle Prosse. 0.80 JAC Review pleadings related to tort defense risk index 1.20 01/21/2022 SHB Discuss chronic nuisance hearing matters with Stone; coordinate hearing preparation. 0.10 01/24/2022 GB Emails with City regarding subpoena for trial in Tyrone Ulysses Smith case. Email to state attorney office regarding subpoena. 0.20 01/25/2022 MDC confer with Gal Betesh on public records/HR exemptions 0.30 01/28/2022 JAC Review status and pleadings for all tort defense and foreclosure cases 1.50 FOR CURRENT SERVICES RENDERED 6.00 1,350.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.00 $225.00 $900.00 MICHAEL D. CIRULLO 0.30 225.00 67.50 GAL BETESH 0.20 225.00 45.00 SHANA H. BRIDGEMAN 0,90 225.00 202.50 BRIAN J. SHERMAN 0.60 225.00 135.00 TOTAL CURRENT WORK 1,350.00 BALANCE DUE $1,350.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 266 of 1515 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. 534 NW 5th, LLC (Complaint to Quiet Title) ACCOUNT NO: STATEMENT NO: 01/19/2022 SHB Receive correspondence from Quinones re: additional liens to be released. Fallow up with City re: status of release of liens. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2022 306-9905401 39666 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 267 of 1515 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 ACCOUNT NO: STATEMENT NO: 01/26/2022 JAC Prepare to discuss land swap options with city commissioners; begin prep of land swap agreement; miscellaneous research regarding same 01131/2022 JAC Call CityManager and outline memorandum for discussion with Commissioners JAC Preparation regarding swap agreement FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 2.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2022 306-9905412 39667 HOURS 1.50 0.40 0.40 2.30 517.50 TOTAL $517.50 517.50 $517.50 Page 268 of 1515 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 02/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 39669 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) TOTAL CURRENT WORK 517.50 BALANCE DUE $517.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 269 of 1515 HOURS 01/05/2022 KLE Telephone conference with Harry Ross attorney for Laurore, review Motion to continue. 0.50 01/06/2022 KLE Emails and telephone conference with Harry Ross, review proposed order continuing motions, follow up on status of confirmation etc, 0.60 01/07/2022 KLE Emalls and telephone conference with Harry Ross and Chapter 13 Trustee re: Order and Confirmation, Review revised order. 0.60 01/11/2022 KLE Review Order on Continuance. 0.20 01/1312022 KLE Review certification of Compliance and Request for Confirmation of Chapter 13 Plan, 0.20 01/21/2022 KLE Review Notice of Continued Confirmation Hearing. 0.20 FOR CURRENT SERVICES RENDERED 2.30 517.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 2.30 $225.00 $517.50 TOTAL CURRENT WORK 517.50 BALANCE DUE $517.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 269 of 1515 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 Attw Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) 01/28/2022 HN Email to BJS cc MDC as to amount requested on code liens at Summary Judgment hearing. Preparation for hearing on 211122 on city's motion to strike demand for jury trial. 1.10 BJS Telephone call with MLN re: Summary Judgment and code compliance with follow up legal research 0.50 JAC Review case pleadings, motion for summary judgment, and foreclosure Page: 1 02/02/2022 306-9905433 39670 Page 270 of 1515 HOURS 01/03/2022 HN Review emailed form Vestiguerne Pierre, reviewed notice of filing. Phone discussion and email exchange with Tanya Guim. 0.40 01/04/2022 HN Email to MDC re: discussion with Patrick Hart. Email to Crystal Gibson to certify document, Email to Patrick Hart, 0,60 01/05/2022 HN Phone discussion with Patrick Hart. Email to MDC. Meeting with MDC. Email to Karen and Wing Ho re: setting hearing on city's motion to strike demand for jury trial. 1.30 MDC meet with Heather Needelman on summary judgment matters, status of preparation for hearing 0.40 01106/2022 HN Review of Florida Rule of Civil Procedure 1.510 re partial summary judgment. Westlaw search re: to subject. 0.40 01/10/2022 HN Edits to Notice of Hearing for the City's Motion to Strike demand for jury trial. Drafted index for judge's binder for hearing on 1131 and 211. 1.20 01/12/2022 HN Drafted notice of dropping party. Drafted outline of argument for Dearing on 1131122. 3.60 01/13/2022 HN Edits to Judge's index for Motion for Summary Judgment. Review of case law re: materially false statements. Email to MDC. Review of FRCP 1.250(b) 1.60 01/14/2022 HN Drafted proposed order on city's motion to strike demand for jury trial. Review of the judge's online instructions. 0.30 01/21/2022 HN Reviewed prepared argument for 1131 hearing. 0.50 01/27/2022 MDC Meet with Heather Needelman to review preparations for Summary Judgment hearing 0.60 HN Meeting with MDC to discussing hearing on motion for summary judgment. Preparation for hearing. 3.30 01/28/2022 HN Email to BJS cc MDC as to amount requested on code liens at Summary Judgment hearing. Preparation for hearing on 211122 on city's motion to strike demand for jury trial. 1.10 BJS Telephone call with MLN re: Summary Judgment and code compliance with follow up legal research 0.50 JAC Review case pleadings, motion for summary judgment, and foreclosure Page: 1 02/02/2022 306-9905433 39670 Page 270 of 1515 Page: 2 CITY OF BOYNTON BEACH 02/02/2022 ACCOUNT NO: 306-9905433 STATEMENT NO: 39670 v. Ho, Benjamin and Karen (Code/Foreclosure) options 01/31/2022 MDC confer with Heather Needelman re: hearing on city's motion for summary judgment, review outcome of hearing and discuss proposed orders with Heather Needelman HN Preparation and attendance of hearing on motion for summary judgment. Discussions with MDC, BJS and JAC. Drafted proposed order. Drafted memo memoralizing what took place at hearing. BJS Legal Research for HLN re: Summary Judgment JAC Review issues with HN regarding motion for summary judgment and options concerning judicial sale FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 1.20 $225.00 MICHAEL D. CIRULLO 1.60 225.00 HEATHER NEEDELMAN 19.00 225.00 BRIAN J. SHERMAN 0.90 225.00 01/31/2022 Filing fee Simplifile Record Notice of Dropping Party Filing fee 01/21/2022 Fed Ex Federal Express Fed Ex TOTAL ADVANCES THRU 01/31/2022 TOTAL CURRENT WORK BALANCE DUE HOURS 0.80 0.60 4.70 0.40 0.40 22.70 5,107.50 TOTAL $270.00 360.00 4,275.00 202.50 36.60 36.60 25.17 25.17 61.77 5,169.27 $5,169.27 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 271 of 1515 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. Priority Towing ACCOUNT NO: STATEMENT NO: 0112012022 GB Reviewed file and conducted legal research in preparation to draft a Motion for Summary Judgment. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 3.40 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/0212022 306-9905456 39672 HOURS 3.40 3.40 765.00 TOTAL $765.00 765.00 $765.00 Page 272 of 1515 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 :L111R 01/10/2022 DS Reviewed file and status of bamboo 1 palmer project. Drafted email to Department re: call to discuss draft ordinance. Discussed draft ordinance with utility department and Swanson. Reviewed and revised draft ordinance, 1.70 01/11/2022 DS Reviewed and revised draft ordinance re: conditions for utility service. Drafted email to Utilities Department regarding proposed final draft of the ordianance. Reviewed the Code of Ordinances Ch. 26. 0.70 01/13/2022 DS Drafted email to C. Roschek re: ordinance cover page. 0.10 01/20/2022 DS Discussed draft ordinance and cover page regarding conditions for utility service with L. Swanson. Reviewed draft ordinance cover page. 0.40 01/26/2022 DS Discussed draft conditions for utility service ordinance with K. Matos. 0.20 FOR CURRENT SERVICES RENDERED 3.10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DANIELLE SCHWABE 3.10 $225.00 $697.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/02/2022 306-9905495 39675 697.50 $697.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 273 of 1515 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. Sterling Village Condominium (Duperault, Don) ■XVI - 01/25/2022 HN Review of the land trust's motion for disbursement of funds. Review of the property appraiser's website for the subject property. Email to SHB with legal analysis. 0.60 SHB Receive and review Motion to Disburse Funds. Discuss with HN and Lynn. 0.30 01/28/2022 HN Drafted objection to land trust's motion for surplus funds. Email to SHB. 1.50 SHB Review City's Objection to Motion to Disburse Funds. 0.30 FOR CURRENT SERVICES RENDERED 2.70 TIMEKEEPER HEATHER NEEDELMAN SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 2.10 $225.00 $472.50 0.60 225.00 135.00 Page: 1 02/02/2022 306-9905512 39676 607.50 $607.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 274 of 1515 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. DLJ Mortgage Capital (Prows, Maria) ACCOUNT NO: STATEMENT NO: 01/3112022 SHB Prep Motion for Surplus and Affidavit; follow up with City re: current lien amount owed. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.60 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2022 306-9905515 39677 HOURS 0.60 0.60 135.00 TOTAL $135.00 135.00 $135.00 Page 275 of 1515 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 02/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905525 Boynton Beach FL 33435 STATEMENT NO: 39678 Attn: Lynn Swanson v. JKM BTS Capital, LLC (Declaratory Action) HOURS 01/0312022 GB Received and began reviewing documents from Josh Horning in response to JKM's Third Request for Production. Email to Josh Horning regarding documents. 0.30 01/06/2022 GB Telephone conference call and left voicemail to Josh Horning from Klmly Horn regarding documents sent to Florida Health for release of water. Emalls with City regarding JKM's Third Request for Production. Emails with Joanne O'Connor regarding discovery. Began drafting response to JKM's Third Request for Production. Telephone conference call with City regarding discovery. Zoom meeting with City regarding Third Request for Production. Reviewed additional documents provided by City in response to Third Request for Production. 2.50 01/07/2022 GB Emails with Joanne O'Connor regarding City's response to discovery and depositions. Emails with JAC regarding JKM status. Emails with Josh Horning from Kimmely Horn regarding discovery. 1.60 JAC Evaluate status of discovery and status of resetting case for trial; follow up with GB regarding same 0.70 01/12/2022 GB Emalls with Joanne O'Connor regarding depositions and trial. 0.30 01/13/2022 GB Telephone conference call with Judge's Assistant regarding setting matter for trial. Emails with Joanne O'Connor regarding re -notice for trial. Began drafting re -notice for trial. 0.30 01/18/2022 GB Email to Joanne O'Connor regarding Colin Groffs deposition transcript. 0.10 JAC Call from JKM attys re: sale of propert, follow up re: same 0.60 01/19/2022 JAC Follow up regarding call from attorneys concerning sale of property by JKM 0.80 01/21/2022 GB Conversation with JAC regarding case status and deposition of JKM. Emails with Jones Foster regarding setting a phone conference to discuss strategy. 0.30 01122/2022 JAC Review Development status and options regarding sale of property; prepare for meeting with litigation counsel 1.50 01/24/2022 GB Telephone conference call with JAC and Jones Foster regarding case status and strategy moving forward. Telephone conference call with City regarding approved site plan. Emails with JAC regarding site plan. 0.60 JAC Conference call with litigation counsel regarding status of development and Page 276 of 1515 Page: 2 CITY OF BOYNTON BEACH 02/02/2022 ACCOUNT NO: 306-9905525 STATEMENT NO: 39678 v. JKM BTS Capital, LLC (Declaratory Action) 01/18/2022 Prestige Reporting Service - Invoice 107445 744.40 Depo 744.40 TOTAL ADVANCES THRU 01131/2022 744.40 TOTAL CURRENT WORK 3,444.40 BALANCE DUE $3,444.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 277 of 1515 HOURS JKM listing property for sale; follow up with CityManager 0.70 01/26/2022 GB Email to Joanne O'Connor regarding JKM's deposition. 0.10 JAC Follow up with staff and attorneys regarding status of development and interplay with sale of property 1.40 01/27/2022 GB Emalls with Joanne O'Connor regarding JKM's deposition. 0.20 FOR CURRENT SERVICES RENDERED 12.00 2,700.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL. JAMES A. CHEROF 5.70 $225.00 $1,282.50 GAL BETESH 6.30 225.00 1,417.50 01/18/2022 Prestige Reporting Service - Invoice 107445 744.40 Depo 744.40 TOTAL ADVANCES THRU 01131/2022 744.40 TOTAL CURRENT WORK 3,444.40 BALANCE DUE $3,444.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 277 of 1515 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 Sara Sims Park Plat - examination of title to approve Plat ACCOUNT NO: STATEMENT NO: 01/25/2022 SMS Review of title work and draft memorandum based on omitted parcel of plat. FOR CURRENT SERVICES RENDERED TIMEKEEPER SEAN M. SWARTZ TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.90 $225.00 HOURS 0.90 0.90 TOTAL $202.50 Page: 1 02/0212022 306-9905528 39679 202.50 202.50 $202.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 278 of 1515 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 Attw Lynn Swanson ACCOUNT NO: STATEMENT NO: PBA Captains Unit Formation 2021 HOURS 01/11/2022 GB Telephone conference call with JAC regarding depositions of former Captains and of City employees. Telephone conference call with opposing counsel regarding depositions. 0.40 JAC Prep regarding deposition schedule a conference call with PA attorneys regarding same 0.70 01/14/2022 SHB Hearing preparation. Discuss scheduling of various depositions. Discuss case matters with GB and JAC. 1.50 GB Emails with PBA regarding depositions. Telephone conference call with SHB regarding depositions. Emails with City regarding depositions. 0.40 JAC Correspond regarding discovery in ULP case 0.30 01/16/2022 SHB Various correspondence re: officer availability for hearing. 0.10 01/18/2022 GB Legal research regarding noticing members for deposition and drafted notices of depositions for deponents. 0.40 01/24/2022 GB Subpoena for depositions for the Steve Burdelski, Paul Deale, John Bonafair and Daniel Dugger. Emails with JAC regarding upcoming depositions. Emails and telephone conference call with City regarding depositions. Email to opposing counsel regarding Mike Kelley's deposition. 0.90 JAC Discussion and preparation regarding deposition schedule and scope of depositions and discovery 0.80 01/2512022 GB Edits to notices of deposition for Lieutenants. Received and reviewed PBA's request for production. Telephone conference call with JAC regarding case status, strategy and PBA's request for production. 0.90 01/27/2022 GB Drafted an Amended Notice of Deposition for Bonafair. 0.20 01/28/2022 GB Telephone conference call with JAC regarding upcoming depositions and strategy. Telephone conference call with City regarding case and strategy moving forward. Began working on responses to request for production. 2.00 SHB Preparation for ULP hearing. Telephone conference with City Manager, HR, and PD re: hearing and deposition matters. 1.90 Page: 1 02/02/2022 306-9905542 39680 01/31/2022 GB Telephone conference call with JAC regarding upcoming depositions and strategy. Telephone conference calls with City regarding documents needs and PSA's request for production. Legal research regarding possible arguments for motion to dismiss claim. Emails with City regarding depositions and request for production. 1.50 Page 279 of 1515 Page: 2 CITY OF BOYNTON BEACH 02/02/2022 ACCOUNT NO: 306-9905542 STATEMENT NO: 39680 PBA Captains Unit Formation 2021 JAC Preparations and calls regarding proof outline; FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF GAL BETESH SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 3.00 $225.00 6.70 191.42 3.50 225.00 HOURS 1.20 13.20 TOTAL $675.00 1,282.50 787.50 2,745.00 2,745.00 $2,745.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 280 of 1515 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 ACCOUNT NO: STATEMENT NO: HOURS 01/12/2022 MDC confer with Jim Cherof, review plat materials, attend conference with public works 0.60 01/19/2022 MDC Attend conference call with City on Venetian and Velaire Canals JAC Review records, prepare for and participate in telephone conference regarding Venetian canal and options for maintenance special assessments on non -city owned property 01/20/2022 JAC Continued review in preparation regarding canal maintenance; Review plat language; review previous memorandums and ownership research 01/26/2022 MDC Conference with Finance and Utilities on logistical matters for converting to collection on tax bilis FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 3.00 $225.00 1.40 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2022 306-9905552 39682 0.40 1.80 1.20 0.40 4.40 990.00 TOTAL $675.00 315.00 990.00 $990.00 Page 281 of 1515 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. The Preserve at Boynton Beach (50 Friends Fund Capital) ACCOUNT NO: STATEMENT NO: 01/06/2022 SHB Receive and review various correspondence re: special set hearing and possible settlement/payoff. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2022 306-9905566 39683 HOURS 0.10 0.10 22.50 TOTAL $22.50 22.50 $22.50 Page 282 of 1515 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 02/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905567 Boynton Beach FL 33435 STATEMENT NO: 39684 Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS 01/0312022 GB Meeting with HN regarding Amended Complaint and Motion to Dismiss Amended Complaint. Received and reviewed Amended Complaint. Edits to Motion for Additional Pages for Motion to Dismiss. Email to HN regarding edits. 1.30 HN Discussion with GB re amended complaint. Review of local rule 5.1. Review of City's code of ordinances re: administrative amendments to the florida building code. Drafting motion to dismiss. Review of motion to exceed page limit. Email to GB cc MDC. Email to Karen and Wing Ho cc JAC, MDC and GB. 4.10 01/04/2022 HN Edits to motion to exceed page limit. Drafted proposed order related to motion. Drafted motion to extend deadline to respond by 10 days. Drafted proposed order related to motion. Review of Karen Ho's email and response to email. Review of Federal Rule of Civil Procedures 6 and 15 and local rule 7.1. Edits and research related to motion to dismiss with prejudice. Discussion with GB. Discussion with Crystal Gibson. Phone discussion with GB and Diane Springer. Email and left voice message for Patrick Hart. Edits to motions for extensions. Review of Karen's email. Edits to proposed orders. Phone discussion with Patrick Hart. 3.90 GB Meeting with HN regarding case status and reaching out to former City employees with knowledge of lien against subject property, Edits to Motion for Extension of Time to Respond to Amended Complaint and email to HN for review. Telephone conference call with Donna Springer regarding Lien on Property. Left voicemail and sent email to Patrick Hart Notice of Violation on the Property. Meeting with HN regarding phone call with Patrick Hart. 1.50 01/05/2022 MDC Telephone conference call with Jim Cherof Re: Amended Complaint, confer with Heather Needelman on response 0.40 GB Emails with Tristar regarding lawsuit update. 0.10 01/06/2022 HN Review of the court's orders granting the city's motion for extension of time and pages to respond to amended complaint. 0.20 HN Review of the Judge's Order dismissing complaint. Edits to motion to dismiss amended complaint. 1.40 01/10/2022 HN Edits to Motion to Dismiss with Prejudice. Legal research related to negligence and unjust enrichment claims. 2.30 01/11/2022 HN Review of amended complaint, legal research related to counts in complaint and drafting motion to dismiss with prejudice. Discussion with GB. 4.50 Page 283 of 1515 Page: 2 CITY OF BOYNTON BEACH 02/02/2022 ACCOUNT NO: 306-9905567 STATEMENT NO: 39684 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) 01/12/2022 HN Edits to Motion to dismiss and motion for judicial notice. Email to GB cc MDC with drafts. GB Began reviewing and edits to Motion to Dismiss Amended Complaint. 01/18/2022 GB Edits and drafted Motion to Dismiss Amended Complaint. Legal research for Motion to Dismiss Amended Complaint. Email to MDC and HN revised Motion. HN Review of GB edits and edits to motion to dismiss. 01/19/2022 HN Edits to motion to dismiss with prejudice and request to take judicial notice. Discussion with GB. Email to MDC cc GB with drafts. Email to Karen Ho and Wing Ho regarding city's request to take judicial notice. GB Meeting with HN regarding edits to Motion to Dismiss. Reviewed request for notice of judicial notice and emails with HN regarding document. Emails with HN regarding conferring in good faith with Plaintiff before filing request for judicial notice. 01/20/2022 MDC review draft Motion to Dismiss and Request to Take Judicial Notice, meet with Heather Needelman and Gal betesh to discuss motion GB Emails with MDC regarding argument on equal protection clause of the 14th Amendment in the Motion to Dismiss the Amended Complaint. Read case law provided by MDC for Motion to Dismiss and edits to Motion to Dismiss. Meeting with MDC and HN regarding Motion to Dismiss the Amended Complaint. HN Emails to Karen and Wing Ho re: request for judicial notice. Edits to request for judicial notice. Meeting with MDC and GB to discuss draft motion to dismiss. Edits to motion based on discussion. 01/24/2022 HN Edits to request for judicial notice and motion to dismiss. Drafted motion for pretrial scheduling conference. Review of Fed. R. Civ, P. 26 and Local rule 16. 01/26/2022 GB Drafted Motion for Pretrial Conference, HN Review of revised motion for pretrial scheduling conference. Email to Karen Ho and Wing Ho conferring on motion cc MDC and GB. Review of email from Karen Ho. 01/28/2022 HN Email exchange with GB. 01/31/2022 HN Edits to motion for pretrial conference. Drafted proposed order on motion. FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO HEATHER NEEDELMAN GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS 1.30 27.40 12.50 HOURLY RATE $225.00 225.00 225.00 HOURS 1.60 1.10 5.10 1.40 1.50 0.40 0,90 1.40 2.10 3.20 1.60 0.70 0.10 0.40 41.20 9,270.00 TOTAL $292.50 6,165.00 2,812.50 9,270A0 $9,270,00 Page 284 of 1515 Page: 3 CITY OF BOYNTON BEACH 02/02/2022 ACCOUNT NO: 306-9905567 STATEMENT NO: 3968.4 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 285 of 1515 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. Webb, Jesse Rufus, Jr. (Forfeiture of $8,425) ACCOUNT NO: STATEMENT NO: 01/13/2022 Ct_D Drafted City's Motion Requesting Court to Accept SAO Settlement, 01/19/2022 BJS Review and revise draft Motion for Return of Bond 01/21/2022 BJS Review and revise Motion for Return of Bond and follow up re: Certificate of Service 01/26/2022 BJS Review and revise draft Motion to Return Bond 01/27/2022 CLD Drafted proposed Order granting City's Motion Requesting Return of Bond; drafted cover letter to Judge Goodman. BJS Review and revise draft Order Returning Bond FOR CURRENT SERVICES RENDERED TIMEKEEPER CYNTHIA L. DUNN BRIAN J. SHERMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.80 $125.00 1.80 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2022 306-9905572 39685 HOURS 1.00 0.60 0.60 0.30 0.80 0.30 3.60 630.00 TOTAL $225.00 405.00 630.00 $630.00 Page 286 of 1515 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. Clerk of Court (RJ Simple Solution, LLC) 01/0412022 SHB Finalize and file Notice of Disclaimer of Interest. 01/17/2022 SHB Receive and review Motion to Determine Lien Priority. 01/26/2022 SHB Attend mediation; advise mediator of Notice of Disclaimer of Interest. 01/27/2022 SHB Receive review order approving settlement and canceling trial. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: HOURS 0.40 0.10 0.10 0.10 0.70 RECAPITULATION HOURS HOURLY RATE TOTAL 0.70 $225.00 $157.50 Page; 1 02/02/2022 306-9905579 39687 ff 1. A 157.50 $157.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 287 of 1515 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 02/0212022 100 E. Ocean Avenue ACCOUNT NO: 306-9905584 Boynton Beach FL 33435 STATEMENT NO: 39688 Attn: Lynn Swanson adv, Power Financial Credit Union (Boynton Partners, LLC) HOURS 01/07/2022 SHB Receive and review Notice of Voluntary Dismissal. 0.10 FOR CURRENT SERVICES RENDERED 0.10 22.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $225.00 $22.50 TOTAL CURRENT WORK 22.50 BALANCE DUE $22.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 288 of 1515 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 ARPA Legal Review 01/04/2022 SHB Various correspondence with City re: ARPA partnership agreements. 01/1012022 SHB Receive and review ARPA final rule. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.60 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2022 306-9905603 39694 HOURS 0.30 0.30 0.60 135.00 TOTAL $135.00 135.00 $135.00 Page 289 of 1515 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. Golden, Joel D. (RPO) ACCOUNT NO: STATEMENT NO: HOURS 01/19/2022 SHB Receive and review initial RPO filing documents. Prepare Petition and Affidavit. Discuss case matters with Lagor. Prepare TRPO, Notice of Confidentiality, Respondent Description Information, and Notice of Filing. Assemble, finalize, and file RPO packet. Transmit portal -validated documents to court for review. 3.30 01/20/2022 SHB Receive and review TRPO signed by Judge Burton. Telephone conference with JA re: 3 -day and 14 -day hearings. Prepare Stipulation and Agreed Order. Prepare instructions for service. Transmit stipulation and instructions for service to Lagor. Telephone conference with Lagor re: stipulation documents. 1.70 01/21/2022 SHB Receive and review signed stipulation documents and supplemental police report. Prepare and file Notice of Filing Supplemental Police Reports. Prepare and file Notice of Filing Compliance Affidavit. Prepare and file Notice of Filing Stipulation, Prepare compliance order. Prepare Final RPO. Send compliance order and final RPO to judge for review and signature. Receive and review signed Final RPO. Transmit to Lagor for service. Telephone conference with Lagar re: service of Final RPO. 2.20 FOR CURRENT SERVICES RENDERED 7.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 7.20 $225.00 $1,620.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/02/2022 306-9905606 39695 1,620.00 1,620.00 $1,620.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 290 of 1515 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 1=L 33435 STATEMENT NO: Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #001470000367AB 01/06/2022 Gla Legal research possible affirmative defenses for the City in lawsuit and prepared for call with Insurer's attorney. Meeting with MDC regarding matter and strategy moving forward. Telephone conference call with Patrick Betar, attorney for insurer, regarding affirmative defenses and strategy. 2.70 MDC conference with GB on excess coverage lawsuit between plaintiff and City's excess insurance carrier 0.30 01/07/2022 GB Emails with City attaching Amended Complaint. 0.10 01/11/2022 GB Drafted and filed Answer and Affirmative Defenses to Plaintiff's Amended Complaint. 1.50 01/18/2022 GB Emails with Tristar regarding claim. 0.20 JAC Review Answer and Aff Def and related pleadings/research 1.20 FOR CURRENT SERVICES RENDERED 6.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.20 $225.00 $270.00 MICHAEL D. CIRULLO 0.30 225.00 67.50 GAL BETESH 4.50 225.00 1,012.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/02/2022 306-9905098 39660 f ,,soU.UU 1,350.00 $1,350.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 291 of 1515 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 02/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905190 Boynton Beach FL 33435 STATEMENT NO: 39661 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 HOURS 01/03/2022 GB Email to opposing counsel regarding Thomas Wallace's deposition. Email to attorney for Officer Sohn, Stephanie Kaufer, regarding Thomas Wallace's deposition. 0.20 01/19/2022 JAC Review pleadings, status, and review depositions and discovery for discussion with CityManager 1.70 01/24/2022 GB Reviewed Officer Sohn's personnel file and deposition transcript in preparation for Major Wallace's deposition. Emails with opposing counsel regarding motion to stay hearing. 1.50 01/27/2022 GB Email with opposing counsel regarding Thomas Wallace's deposition. 0.10 JAC Continued preparation and review regarding potential lawsuit and related records issues; calls with staff regarding same; calls with CityManager and Shana Bridgeman regarding same 3.50 01/31/2022 GB Telephone conference call with attorney for Officer Sohn in preparation for Thomas Wallace's deposition. Attended Thomas Wallace's deposition. 2.00 FOR CURRENT SERVICES RENDERED 9.00 2,025.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 5.20 $225.00 $1,170.00 GAL BETESH 3.80 225,00 855.00 TOTAL CURRENT WORK 2,025.00 BALANCE DUE $2,025.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 292 of 1515 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 02/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905310 Boynton Beach FL 33435 STATEMENT NO: 39662 Attn: Lynn Swanson adv. Philson, Tammi A. (Personal Injury -Carolyn Sims Center) Billing Category: 18 - RLO Claim #001470000440GB IC*19CR 01/03/2022 GB Email to opposing counsel regarding Motion to Dismiss. Telephone conference call with opposing counsel regarding Plaintiffs social security number. Email to City regarding Plaintiffs social security number. Emails with opposing counsel regarding Plaintiff's social security number. 0.40 01/04/2022 GB Drafted, filed and served Notice of Withdrawal of Motion to Dismiss. 0.30 01/11/2022 GB Finalized and filed City's Answer and Affirmative Defenses to Complaint. 0.40 01/14/2022 GB Emalls with Tristar and the City regarding ISO report sent by the Plaintiff providing history of Plaintiffs personal injury and insurance claims. Emails with Tristar regarding case status and discovery. Reviewed ISO report. 0.50 01/20/2022 GB I :mails with opposing counsel regarding Plaintiffs outstanding discovery. 0.20 01/26/2022 GB Telephone conference call with City regarding claim and case status. 0.30 FOR CURRENT SERVICES RENDERED 2.10 472.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 2.10 $225.00 $472.50 TOTAL CURRENT WORK 472.50 BALANCE DUE $472.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 293 of 1515 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 02/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905347 Boynton Beach FL 33435 STATEMENT NO: 39663 Attn: Lynn Swanson adv. Benitez, Antonio (Park Injuries) Billing Category: 18 - RLO Claim #0014700000452GB 01/03/2022 GB Legal research regarding paying taxes on records received for subpoena from West Palm Hospital. Email to opposing counsel regarding depositions, mediation and CME. Email to City regarding mediation date. Email to City regarding deposition of City employee witnesses. Email to court reporter regarding Plaintiff's deposition. Drafted Notice of Deposition for Plaintiff. Left voicemail, sent email confirming voice mail, engaged in telephone conference call and sent email memorializing call to Officer Harris regarding his deposition and incident. Telephone conference call and sent email memorializing call to Wayne Carrells regarding his deposition. Left voicemail and sent email memorializing voicemail regarding his deposition. Email to opposing counsel regarding depositions of Wayne Carrells and Officer Harris. 01/05/2022 GB Drafted subpoena to USPS and Notice of Intent to Serve Subpoena on Non -Party. 01/06/2022 GB Reviewed Palm Beach County standing order on CME. Emails with opposing counsel regarding agreed order on objection to CME. Emails to Dwight Saulter regarding Plaintiffs request to depose him. Meeting with MDC regarding subpoena to USPS and strategy. MDC confer with GB on subpoena to USPS regarding personnel records of Plaintiff 01/07/2022 GB Emails with opposing counsel regarding Agreed Order to CME. Edits to Agreed Order. Telephone conference call and emails with Dr. Zelde's office regarding Plaintiffs CME. 01/13/2022 GB Left voicemail to City employee regarding scheduling his deposition. 01/18/2022 GB Received and reviewed analysis of Plaintiffs medical records from Tristar. Emails with Tristar regarding Plaintiffs medical records. 01/20/2022 GB Telephone conference call with Dwight Saulter regarding his deposition, Emails with opposing counsel regarding Dwight Saulter's deposition. Drafted letter to Dr. Zeide attaching additional medical records for his review and agreed CME order for Plaintiffs upcoming CME. `KI' 2.10 0.40 0.80 0.30 0.90 0.10 0.20 0.40 Page 294 of 1515 Page: 2 CITY OF BOYNTON BEACH 02/02/2022 ACCOUNT NO: 306-9905347 STATEMENT NO: 39663 adv. Benitez, Antonio (Park Injuries) 01/21/2022 GB Drafted notice of compliance with Plaintiffs request for copies of medical records and put together all copies for Plaintiff to review of medical records received in response to subpoenas duces tecum. Emails with tristar enclosing medical records for Plaintiff. 01/2412022 GB Emalls with T -Mobile regarding subpoena for documents. Emails with opposing counsel regarding CME. 01/25/2022 GB Telephone conference call with Casey Young regarding case status. Edits to subpoena to T -Mobile pursuant to emails with T -Mobile. Received and reviewed documents from T -Mobile in response to subpoena Email to opposing counsel regarding Plaintiffs phone number. 01/27/2022 GB Telephone conference calls and emails with deponents regarding pre deposition meeting. Email to opposing counsel regarding motion to compel correct answers to interrogatories. 01/28/2022 GB Legal research regarding whether defense is allowed to obtain copy of video from compulsory medical evaluation. Emails with opposing counsel regarding mediation. Emails with City regarding mediation. Emails with tristar regarding case status and Plaintiffs 2008 incident. Received and reviewed police report from Plaintiffs 2008 accident in preparation for his deposition. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 0.30 $225.00 GAL BETESH 7.60 225.00 12/27/2021 Compass Investigations - Invoice 2021012293 01/13/2022 Service Process Compass Investigations Service Process 01/21/2022 Fed Ex Federal Express Fed Ex TOTAL ADVANCES THRU 01/31/2022 TOTAL CURRENT WORK BALANCE DUE HOURS 0.50 111PIT11 M 0.40 TOTAL $67.50 1,710.00 •E 1,777.50 85.00 150.00 235.00 14.33 14.33 249.33 2,026.83 $2,026.83 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 295 of 1515 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 02/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905369 Boynton Beach FL 33435 STATEMENT NO: 39664 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18 - RLO Claim #19754303 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 296 of 1515 HOURS 01/0312022 GB Drafted letter to opposing counsel enclosing settlement check and had same sent out along with check via certified mail return receipt requested. 0.40 01/13/2022 GB Email to opposing counsel regarding dismissal of lawsuit. 0.10 01/18/2022 GB Email to opposing counsel regarding dismissal of lawsuit. 0.10 01/25/2022 GB Email to Tristar and City attaching voluntary dismissal of lawsuit. 0.10 FOR CURRENT SERVICES RENDERED 0.70 157.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.70 $225.00 $157.50 TOTAL CURRENT WORK 157.50 BALANCE DUE $157.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 296 of 1515 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. Geraci, Sanford and Meredith Geraci, John (Confrontation/Police Officer) Billing Category: 18 - RLO Claim #19757010 01/21/2022 GB Received and reviewed letter from Lyman Reynolds enclosing Plaintiffs' Response to Zeller's Amended Motion to Strike Plaintiffs' Prayers' for Punitive Damages and Attorneys' Fees, FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2022 306-9905375 39665 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 297 of 1515 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 Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 ACCOUNT NO: STATEMENT NO: 01/19/2022 MDC review Initial Brief - cost appeal, review order of deficiency Re: brief GB Received and read Initial Brief in appeal of order granting City taxable costs. Reviewed file for factual inaccuracies in Initial Brief. 01/28/2022 GB Email to MDC regarding inquiry of case status from tristar. 01/31/2022 GB Received and reviewed Appellants' Corrected Brief in preparation for drafting response brief. MDC review Initial Brief in Cost Appeal FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.20 $225.00 1.80 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2022 306-9905423 39668 HOURS 0.40 0.90 0.10 0.80 0.80 3.00 675.00 TOTAL $270.00 405.00 675.00 $675.00 Page 298 of 1515 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. Estella, Jean (MVA) Billing Category: 18 - RLO Claim #19798151 01/05/2022 GB Received and watched body warn camera video of accident. Emails with City and Tristar regarding lawsuit and case update. 01/0612022 GB Drafted letter to judge regarding Amended Order on Plaintiffs Motion to Withdraw and for Extension of Time to Respond to Discovery. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.80 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2022 306-9905444 39671 HOURS 0.50 0.30 0.80 180.00 TOTAL $180.00 180.00 $180.00 Page 299 of 1515 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 02/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905462 Boynton Beach FL 33435 STATEMENT NO: 39673 Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18 - RLO Claim #20806974 HOURS 01/03/2022 GB Began drafting Motion for Summary Judgment. Telephone conference call with City regarding Motion for Summary Judgment. 0.60 01/04/2022 GB Continued drafting, reviewing file and conducting legal research for Motion for Summary Judgment. Emails with Karen Klein from Tristar regarding case update. 2.70 01/05/2022 GB Continued working on Motion for Summary Judgment, drafting and conducting legal research in support of the Motion for Summary Judgment as to Counts I and ll of Plaintiff's Complaint. 3.00 01/12/2022 GB Legal research regarding cat's paw for Motion for Summary Judgment. 1.00 01/1412022 MDC confer with Gal Betesh on summary judgment, applicable case law and mediation 0.60 GB Continued drafting Motion for Summary Judgment. Legal research regarding cat's paw theory. Meeting with MDC regarding Motion for Summary Judgment and strategy moving forward. 2.90 01/19/2022 GB Continued drafting Motion for Summary Judgment, 5.20 01/20/2022 GB Finalized first draft of Motion for Summary Judgment and email to MDC for review and comments. 1.70 01/25/2022 MDC review draft motion for summary judgment, confer with Gal Betesh and provide comments 0.40 GB Meeting with MDC regarding Motion for Summary Judgment and edits to motion pursuant to MDC's edits. 1.40 01/28/2022 JAC Review draft motion for summary judgment 0.80 01/31/2022 GB Finalized Motion for Summary Judgment. 0.70 FOR CURRENT SERVICES RENDERED 21.00 4,725.00 Page 300 of 1515 CITY OF BOYNTON BEACH 01/19/2022 Prestige Reporting Service - Invoice 107467 Depo TOTAL ADVANCES THRU 01/31/2022 TOTAL CURRENT WORK BALANCE DUE Page: 2 02/0212022 306-9905462 39673 311.00 311.00 311.00 5,036.00 $5,036.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE . Page 301 of 1515 ACCOUNT NO: STATEMENT NO: adv. Capobianco, Ewa (Charge of Discrimination) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $225.00 $180.00 MICHAEL D. CIRULLO 1.00 225.00 225.00 GAL BETESH 19.20 225.00 4,320.00 01/19/2022 Prestige Reporting Service - Invoice 107467 Depo TOTAL ADVANCES THRU 01/31/2022 TOTAL CURRENT WORK BALANCE DUE Page: 2 02/0212022 306-9905462 39673 311.00 311.00 311.00 5,036.00 $5,036.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE . Page 301 of 1515 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 02/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905492 Boynton Beach FL 33435 STATEMENT NO: 39674 Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18 - RLO Claim #20818346 HOURS 01/03/2022 GB Received and reviewed Plaintiffs Objection to Notice of Compulsory Medical Evaluation. Email to opposing counsel regarding proposed agreed order on Plaintiffs Objection to Compulsory Medical Evaluation. Email to Dr. Zelde regarding Plaintiffs objection and whether intake forms are required by Plaintiff. Received and reviewed Plaintiffs responses to City's 2nd RFP. Email to opposing counsel regarding deficiencies in response. 1.00 01/04/2022 GB Reviewed Plaintiffs responses to discovery requests and emails with opposing counsel regarding Plaintiffs responses to City's Second Request for Production. Emails with opposing counsel regarding Plaintiffs deposition. Received and reviewed emails Plaintiffs objection to City's Notice of Intent to Subpoena T -Mobile and email to opposing counsel regarding phone conference to confer in good faith regarding objection to subpoena. 0.50 01/05/2022 GB Reviewed file to ascertain time of accident for Subpoena to Plaintiffs phone provider pursuant to Plaintiffs objection to subpoena and agreement between parties. Telephone conference call with Officer Schalk to confirm time of accident. Email to opposing counsel narrowed subpoena. 0.60 01/06/2022 GB Edits to Agreed Order on CME and emails with opposing counsel regarding agreed order and Plaintiffs deposition. 0.60 01/07/2022 GB Emails with opposing counsel regarding Plaintiffs deposition and subpoena to Plaintiffs phone carrier. Emails with opposing counsel regarding CME, edits to Agreed Order on Plaintiffs CME and emails to opposing counsel regarding Agreed Order. 0.40 01111/2022 GB Legal research regarding which party is responsible for cancellation fee in CME. Telephone conference call with Dr. Zeide regarding who is billed for the cancellation fee. Emails with opposing counsel regarding case management plan. Telephone conference call with JAC regarding CME order. Edits to CME order and email to Plaintiffs counsel for review. 1.60 01/12/2022 GS Began drafting deposition summary for Officer Schalk's deposition. Prepared for and participated in telephone conference call with Sgt. LLopis regarding his upcoming deposition. Prepared for Sgt. Llopis deposition. 2.90 Page 302 of 1515 CITY OF BOYNTON BEACH ACCOUNT NO: STATEMENT NO: adv. Flake, Natalie (MVA) HOURS 01/13/2022 GB Prepared and attended for Sgt. LLopis deposition. Received and reviewed Plaintiffs medical records received in response to Subpoena Duces Tecum. 3.60 01114/2022 GB Emails with opposing counsel regarding CME order. Emails with City regarding deposition of City employee witness. 0.30 01/18/2022 GB Emails with City employees regarding depositions. Email to Plaintiffs counsel regarding setting Burdelski's deposition. Emails with opposing counsel regarding Agreed Order on Plaintiffs CME and submitted agreed order on CME to judge for signature. Emails with Tristar regarding ISO report for Plaintiff. 0.30 01/19/2022 GB Telephone conference call with Dr. Zeide regarding Plaintiffs medical records. Research regarding Plaintiffs medical providers and possible bankruptcy filing. Email and telephone conference call with KLE regarding medical provider filing for bankruptcy and effect on damages. 1.00 01/20/2022 GB Received and reviewed Motion to Quash Subpoena by New Treatment Facility. Telephone conference call with attorney for New Treatment Facility in an attempt to resolve Motion. Email to New Treatment Facility's attorney and Plaintiffs counsel regarding Motion to Quash. 0.40 01/21/2022 GB Received and reviewed Plaintiffs Supplemental Interrogatories and request for copies of documents received by T -Mobile. Email to Dr. Zeide enclosing CME Order. 0.30 01/25/2022 GB Emails with opposing counsel regarding subpoena to rehab center. 0.10 01/27/2022 GB Emails with T -Mobile regarding subpoena duces tecum. 0.10 01/28/2022 GB Telephone conference call and emails with opposing counsel regarding documents from rehab facility. Received and reviewed medical records from Bethesda Hospital East obtained in response to City's Subpoena Duces Tecum. 0.80 FOR CURRENT SERVICES RENDERED 14.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 14.50 $225.00 $3,262.50 Page: 2 02/02/2022 306-9905492 39674 3,262.50 01/31/2022 Certified Copy of Deposition Transcript Universal Court Reporting 506.65 01/31/2022 Service Process Compass Investigations - T Mobile 150.00 01/31/2022 Service Process Compass Investigations Bethesda Hospital 85.00 01131/2022 Service Process Compass Investigations Palms West Hospital 0.00 01/31/2022 Service Process Compass Investigations Radiology Physician Solutions 85.00 01/31/2022 Service Process Compass Investigations Preservation Park Emergency Physicians 85.00 01/31/2022 Service Process Compass Investigations Akumin Wellington 85.00 01131/2022 Service Process Compass Investigations Chriocare of Lake Worth 80.00 01/31/2022 Service Process Compass Investigations Spine Specialists 40.00 Page 303 of 1515 Page: 3 CITY OF BOYNTON BEACH 02/02/2022 ACCOUNT NO: 306-9905492 STATEMENT NO: 39674 adv. Flake, Natalie (MVA) 01/31/2022 Service Process Medical Records ChiroCare of Lake Worth TOTAL ADVANCES THRU 01/3112022 TOTAL CURRENT WORK BALANCE DUE 1,116.65 177.00 177.00 1,293.65 4,556.15 $4,556.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 304 of 1515 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: 01/13/2022 GB Emails with Tristar and City about new lawsuit filed by claimant. Received and reviewed complaint in preparation for drafting a response. 01/26/2022 GB Telephone conference call with City regarding case strategy. GB Drafted motion to dismiss complaint. 01/27/2022 GB Email to Tristar regarding public records request. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 2.10 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.60 0.30 1.10 0.10 2.10 Page: 1 02/02/2022 306-9905549 39681 472.50 !V#z'fi7 $472.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 305 of 1515 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. Hughes, Elba (slip & fall) Billing Category: 18 - RLO Claim #21855286 01/03/2022 GB Left voicemail to claimant's attorney regarding claim. Sent email to claimant's attorney following up on claim. Email to City and Tristar regarding status update. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2022 306-9905573 39686 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 306 of 1515 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, Barth, Margaret Billing Category: 18 - RLO Claim #21870612 ACCOUNT NO: STATEMENT NO: 01/13/2022 GB Email to City regarding final payment on agreement with FDOT. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.10 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.10 0.10 TOTAL $22.50 Page: 1 02/02/2022 306-9905592 39689 22.50 PRIP91 $22.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 307 of 1515 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. Perez, Daniel (Subrogation) Billing Category: 18 - RLO Claim #20802719 ACCOUNT NO STATEMENT NO 01/1412022 GB Emalls with City and Tristar regarding letter from Bristol Insurance. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.10 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.10 0.10 TOTAL $22.50 Page: 1 02/02/2022 306-9905593 39690 22.50 22.50 $22.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 308 of 1515 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 02/02/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905594 Boynton Beach FL 33435 STATEMENT NO: 39691 Attn: Lynn Swanson FDOT- GCME Water Main Damage Billing Category: 18 - RLO Claim #21870606 HOURS 01/0312022 GB Emalls with GCME's insurance carrier regarding City's demand letter. Emails with City regarding information requested by GCME's insurance carrier. 0.20 01/05/2022 GB Emails with City staff following up on request from GCME's Insurance with additional documents and strategy moving forward. Received and reviewed GCME's insurance policy. Email to City and Tristar GCME's insurance policy. 0.90 01/06/2022 GB Telephone conference call with attorney for GCME regarding City's claim. Meeting with MDC regarding strategy moving forward. 0.60 MDC confer with GB on issues with claims, information requested from contractor insurance and status of repairs 0.60 01/07/2022 MDC confer with JAC and KLE on insurance claim 0.20 GB Meeting with KLE regarding claim, upcoming telephone conference with City and telephone conference with GCME's attorney. Legal research regarding mitigation of damages. Reviewed denial letter from City's insurer and began reviewing policy regarding reason for denial. Prepared for conference call with City regarding strategy moving forward. Telephone conference call with City regarding strategy moving forward. Telephone conference call with KLE providing update of conversation with City. 4.00 KLE Conference with Gal Betesh prior to meeting with City staff, conference with Gal Betesh following meeting with City staff. 0.70 01111/2022 GB Typed up my notes from meeting with City. 0.20 01/12/2022 GB Emails with City staff regarding progress and timeline. Received and reviewed timeline and analysis from engineer. 0.40 01/13/2022 GB Emalls with KLE regarding mitigation of damages defense additional information obtained from the City. 0.30 KLE Email to and from Gal Betesh. 0.40 01/14/2022 GB Telephone conference call with City regarding strategy moving forward and upcoming meeting with FDOT GCME and Corrlier Engineering. Emails with City regarding upcoming meeting with FDOT, GCME and Cornier Page 309 of 1515 CITY OF BOYNTON BEACH FDOT- GCME Water Main Damage KLE 01/18/2022 GB KLE Engineering. Emails with KLE Regarding call with City. Conference with Gal Betesh, Page: 2 02/02/2022 ACCOUNT NO: 306-9905594 STATEMENT NO: 39691 Telephone conference call with City regarding call with FDOT. Emails with KLE regarding call with City. Emails to and from Gal Betesh, review staff spreadsheet. 01/19/2022 KLE Conference with Gal Betesh, 01/26/2022 GB Email to City regarding status update. Telephone conference call with KLE 01/31/2022 GB Legal research regarding insurance company's obligation to accept or deny a claim within a certain time period. Legal research regarding obligation good faith settlement negotiation and duty of insurance company to engage in good faith negotiations. Emails with KLE regarding strategy in case and legal research. Emails to tristar regarding claim. Telephone conference calls with Tristar regarding denial of coverage by City's insurance carrier. FOR CURRENT SERVICES RENDERED TIMEKEEPER KERRY L. EZROL MICHAEL D. CIRULLO GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS 3.40 0.80 13.20 HOURLY RATE $225.00 225.00 225.00 ►:1►�i[i111i►� �90:0[*1w"]WA`3144:111 1721I7_1100-1 HOURS 1.30 0.30 0.50 0.60 0.20 0.90 0.40 1.00 0.60 0.30 0.20 2.60 17.40 TOTAL $765.00 180.00 2,970.00 3,915.00 3,915.00 $3,915.00 Page 310 of 1515 regarding status of claim. Received voicemail from attorney for GCME. Returned attorney for GCME's call and left volcemail. Telephone conference call with attorney for GCME regarding status. Emails with KLE regarding call with GCME's attorney. KLE Review documents from Gal Betesh; Conference with Gal Betesh. 01/27/2022 GB Received and reviewed draft minutes from City's 1118 call with FDOT and GCME. Email to City regarding minutes and email to KLE regarding minutes, Telephone conference call with City regarding status update. KLE Review documents from Gal Betesh, conference with Gal Betesh, 01/28/2022 GB Emails with KLE regarding GCME's insurance policy. Legal research regarding sending insurance policy upon request. KLE Conference with Gal Betesh. 01/31/2022 GB Legal research regarding insurance company's obligation to accept or deny a claim within a certain time period. Legal research regarding obligation good faith settlement negotiation and duty of insurance company to engage in good faith negotiations. Emails with KLE regarding strategy in case and legal research. Emails to tristar regarding claim. Telephone conference calls with Tristar regarding denial of coverage by City's insurance carrier. FOR CURRENT SERVICES RENDERED TIMEKEEPER KERRY L. EZROL MICHAEL D. CIRULLO GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS 3.40 0.80 13.20 HOURLY RATE $225.00 225.00 225.00 ►:1►�i[i111i►� �90:0[*1w"]WA`3144:111 1721I7_1100-1 HOURS 1.30 0.30 0.50 0.60 0.20 0.90 0.40 1.00 0.60 0.30 0.20 2.60 17.40 TOTAL $765.00 180.00 2,970.00 3,915.00 3,915.00 $3,915.00 Page 310 of 1515 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, Paszti, Denes Billing Category; 18 - RLO Claim #21870337 01/0512022 GB Received and reviewed police report from incident. Emails with City police department regarding accident. Emails with Richard Ignoffo regarding public records request. 01/06/2022 GB Telephone conference call with City regarding claim and strategy. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK yff_1i11161:8111:1 RECAPITULATION HOURS HOURLY RATE 0.60 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2022 306-9906696 39692 HOURS 0.30 0.30 0.60 135.00 TOTAL $135.00 135,00 $135.00 Page 311 of 1515 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, Calicchio, Anthony Billing Category: 18 - RLO Claim #21870549 01/03/2022 GB Reviewed documents and video from the City regarding claim. ACCOUNT NO: STATEMENT NO: FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 0.20 TOTAL. $45.00 Page: 1 02/02/2022 306-9905602 39693 45.00 45.00 $45.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 312 of 1515 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. Estate of Stanley Davis III Billing Category: 18 - RLO Claim #22874044 01/24/2022 GB Emails with SHB regarding public records request. ACCOUNT NO: STATEMENT NO: HOURS 0.10 0112512022 GB Legal research regarding public records request # R029662-011222 and whether exemptions apply. 2.10 01126/2022 GB Telephone conference call with City regarding public records request. Legal research regarding public records request and risk management file. Emails to JAC and SHB regarding legal research. Telephone conference call with JAC and SHB regarding public records request. 1.80 01/2712022 GB Reviewed emails request public records provided by SHB and legal research regarding requests. Telephone conference call with SHB and JAC regarding public records request. Received and reviewed notice of claim letter from opposing counsel and request for City's insurance policy. Email to City regarding insurance policy. Emails with City regarding public records request. Legal research regarding Marsy's Law. Emails with SHB and JAC regarding Marsy's law. 2.40 01/3112022 GB Telephone conference calls with City regarding public records request. Emails and phone conference with SHB regarding public records requests. 0.20 FOR CURRENT SERVICES RENDERED 6.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 6.60 $225.00 $1,485.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/0212022 306-9905607 39697 1,485.00 1,485.00 $1,485.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 313 of 1515 City of Boynton Beach c/o James Cherof, • 100 E Ocean Boynton HANNA B. RUBIN JONES! ° R P.A. P.O. West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T jonesfoster.com RATE/HR. HOURS AMOUNT 290.00 0.40 $116.00 350.00 2.30 $805.00 245.00 0.20 $49.00 350.00 1.30 $455.00 $1,425.00 TOTAL ADVANCED THIS INVOICE01 TOTAL CHARGES THIS INVOICE $1,425.00 PREVIOUS BALANCE $0.00 TOTAL• PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE. THANK YOU Page 314 of 1515 I , 0 0 0 M -WN21Wr-00ML 71 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T jonesfoster.com Represent City with respect to litigation over a development TOTALS FOR THIS STATEMENT HANNA B. RUBIN JOANNE M. OCONNOR MINDY HALLEY-PARA THOMAS J. BAIRD TOTAL FEE THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE TOTAL CHARGES THIS INVOICE PREVIOUS BALANCE rcel• kI Eel January 31, 2022 Invoice No. 248544 File No. 29049.00002 TJB RATE HOURS AMOUNT 290.00$116.00 350.00 2.30 $805.00 245.00 0.20 $49.00 350.00 +# $1,425.00 $0.00 $1,425.00 $0.00 $1,425.00 Page 315 of 1515 ! • • City of Boynton Represent City with respect to litigation over a development Invoice No. 24854 File r29049.0000 • ;[*I. -.1012• r r DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 01/06/22 JMO REVIEW EMAILS FROM CITY, KIMLEY-HORN RE 0.30 105.00 DOCUMENTS RESPONSIVE TO SECOND AND THIRD REQUEST FOR PRODUCTION, EMAIL G BETESH; INSTRUCTIONS PARALEGAL HALLEY 01/06/22 JMO NUMEROUS EMAILS WITH GAL BETESH RE 0.40 140.00 RESPONSES TO SECOND AND THIRD REQUESTS FOR PRODUCTION; ATTENTION TO GATHERING CITY DOCUMENTS 01/06/22 MSH DOWNLOAD KIMLEY HORN PRODUCTION 0.20 49.00 CERTIFICATIONS "AS BUIILTS" AND LOAD MATTER DIRECTORY. 01/07/22 JMO OVERVIEW OF DOCUMENTS TO BE PRODUCED IN 0.70 245.00 RESPONSE TO 3RD RTP, FROM CITY AND KIMLEY-HORN; MULTIPLE EMAILS WITH G BETESH; REVIEW AND REVISE AMENDED RESPONSE TO 2ND REQUEST TO PRODUCE AND RESPONSE TO 3RD REQUEST TO PRODUCE; INSTRUCTIONS IN FIRM RE PRODUCTION OF RESPONSIVE DOCCMENTS 01/18/22 JMO EMAIL JKM COUNSEL RE CORPORATE REP 0.10 35.00 DEPOSITION 01/18/22 JMO EMAIL FROM J CHEROF RE JKM SALE OF PROPERTY 0.10 35.00 01/18/22 TJB RECEIVE AND REVIEW EMAIL CORRESPONDENCE 0.30 105.00 FROM ATTORNEY STEMPLER (2) AND CITY ATTORNEY CHEROF AND REPLY 01/19/22 TJB REVIEW EMAIL CORRESPONDENCE EXCHANGED 0.20 70.00 BETWEEN CITY ATTORNEY CHEROF AND ATTORNEY STEMPLER 01/24/22 JMO TEL CALL J CHEROF, G BETESH, T BAIRD 0.30 105.00 01/24/22 JMO EMAIL STEMPLER RE POTENTIAL SALE, 0.10 35.00 DEPOSITIONS 01/24/22 TJB TELEPHONE CONFERENCE WITH JIM, GAL & JOANNE 0.50 175.00 RE MARKEY'S PROPOSED SALE OF PROPERTY 01/26/22 TJB RECEIVE AND REVIEW EMAIL CORRESPONDENCE 0.30 105.00 FROM ATTORNEY STEMPLER (2) EXCHANGE EMAIL CORRESPONDENCE WITH CITY ATTORNEY CHEROF Page 316 of 1515 RepresentCity of Boynton Beach -development January 31, 2022 Invoice No. 248544 File No. 29049.00002 Page 3 0 RENOTICE AND MAKE 0.40 CHANGES BASED ON COURT ORDER . OBJECTIONS 01/27/22 • REVIEW AND REVISE JKM DEPOSITIONNOTICE; DEPOSITION 116.00 Page 317 of 1515 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 February 17, 2022 Attn: Karen Klein Bill No. 63422 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: McFadden v. CBB/Sohn 20469 Claim #N/A BILL FOR FEES AND COSTS THROUGH 01/31/22 PROFESSIONAL SERVICES Date Services Attorney Hours 01/28/22 Correspondence to correspondences to and from Karen Klein SWK 0.30 re still no ruling on Motion for Summary Judgment. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount SWK Stephanie W. Kaufer, Partner 0.30 185.00 55.50 Total Professional Services 0.30 $55.50 CURRENT BILL TOTAL AMOUNT DUE $ 55.50 Balance Forward: 7,200.93 Payments & Adjustments: -7,200.93 Total Due: $ 55.50 Page 318 of 1515 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: 63422 Bill Date: February 17, 2022 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 55.50 0.00 $ 55.50 7,200.93 7,200.93 $ 55.50 0.00 $55.50 Page 319 of 1515 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 Tristar Risk Management February 18, 2022 Attn: Karen Klein Bill No. 63424 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470 -000396 -AB -01 BILL FOR FEES AND COSTS THROUGH 01/31/22 PROFESSIONAL SERVICES Date Services Attorney Hours 01/03/22 Correspondence to correspondences to and from Gal Betesh re SWK 0.30 Kathryn L. Reeves, Paralegal Plaintiffs upcoming deposition of Thomas Wallace. 110.00 01/10/22 Review/Analyze Plaintiffs Re -Notice of Taking Deposition of SWK 0.10 3.90 Thomas Wallace. 721.50 01/12/22 Correspondence to correspondence from Gal Betesh, counsel SWK 0.10 for City, re contact information for Thomas Wallace. 01/24/22 Review/Analyze Plaintiffs Amended Motion to Stay. SWK 0.20 01/25/22 Review/Analyze of file to determine relevant documents in KLR 0.60 support of deposition of former BBPD Seargent Thomas Wallace on 1/31/22. 01/31/22 Preparation for deposition of Thomas Wallace, including review SWK 0.90 of Sohn's IA and personnel file. 01/31/22 Attendance at deposition of Thomas Wallace (via Zoom, no SWK 1.80 travel). 01/31/22 Telephone conference with Gal Betesh counsel for City re SWK 0.30 deposition of former major Thomas Wallace and anticipated testimony. 01/31/22 Telephone conference with Gal Betesh counsel for City re SWK 0.20 outcome of deposition of Thomas Wallace. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount KLR Kathryn L. Reeves, Paralegal 0.60 110.00 66.00 SWK Stephanie W. Kaufer, Partner 3.90 185.00 721.50 Page 320 of 1515 Client: Gallagher Bassett Services, Inc. Matter: 18187 - Readon v. Boynton Beach PROFESSIONAL SERVICES SUMMARY Code Name Hours Total Professional Services 4.50 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: February 18, 2022 Page 2 Rate Amount $787.50 $ 787.50 2,502.00 -0.00 $ 3,289.50 Page 321 of 1515 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: 63424 Bill Date: February 18, 2022 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 787.50 0.00 $ 787.50 2,502.00 -0.00 $ 3,289.50 2,502.00 $3,289.50 Page 322 of 1515 6.K. Consent Agenda 3/11/2022 Requested Action by Commission: Approve an Amendment to Purchase Order 210290 with Globaltech, Inc. in the amount of $17,542.50 to update the East Water Treatment Plant Clearwell Four -Log Evaluation for a total Purchase Order amount of $77,416.50. Explanation of Request: The City of Boynton Beach currently operates an anion -exchange lime -softening filtration water plant (East Water Plant) treating ground water for potable water. On October 13, 2020, Purchase Order 210290 was issued to Globaltech, Inc. to conduct a feasibility study for modifying the East Water Treatment Plant's clearwell center -channel for four -log (99.99%) virus removal and disinfection treatment compatibility and consideration to replace the current groundwater source microbial monitoring system. The feasibility study was to explore putting into place the same monitoring system that is currently in place at the West Water Treatment Plant. This Amendment will update the recommended modifications to the clearwell center -channel for four -log virus treatment compliance, update the four -log virus treatment demonstration report, and assist with permitting services. Baffle wall locations and disinfection chemical injection point locations shown will be revised to provide better chemical mixing and will be overlaid on the City's existing clearwell record drawings. How will this affect city programs or services? The East Water Treatment Plant currently complies with all regulatory requirements under the Ground Water Rule for drinking water quality. Having an approved four -log virus treatment system will provide the highest level of virus removal and continue to provide safe drinking water to all utility customers. Fiscal Impact: Funding is available in Utilities account 401-2811-536.31-90. Alternatives: Do not approve the Amendment. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 323 of 1515 Attachments: Type A rTIE)ind rTIENI'l t Description (.,)�obaRE�'Ch ArTIE)indirTIENI'lt Fliroposal� (.,)�obaRE�'Ch IPLArcha SE) OrdE)r Page 324 of 1515 PROPOSAL TO CITY OF BOYNTON BEACH FOR EAST WATER TREATMENT PLANT CLEARWELL FOUR -LOG EVALUATION SCOPE OF SERVICES The City of Boynton Beach (City) operates an anion -exchange lime -softening filtration water treatment plant (East VVfP) located in eastern Boynton Beach, treating groundwater for potable water production. The East WTP is currently compliant with the Ground water Rule (GWR), utilizing groundwater source microbial monitoring; however, the City desires to provide and demonstrate four -log virus treatment in lieu of groundwater source microbial monitoring as a future alternative. Having an approved four -log virus treatment system ensures public safety and reduces public notification if there is a positive sample for coliform from groundwater monitoring. Because the City has two plants serving its distribution system (East WTP & West WTP), to have full compliance with the four -log virus treatment requirements, both plants would need to be approved for four -log virus treatment. The West WTP is currently using a treatment technique and monitoring system that could be four -log virus treatment compliant but needs the East WTP to have similar systems installed. The conceptual feasibility of modifying the East WTP's clearwell center -channel for four -log virus treatment compliance was previously evaluated by Globaltech in a report titled "East WTP Disinfection Modification Evaluation", dated March 911, 2021. The report showed potential use of the clearwell center -channel for four -log virus treatment, requiring modifications for increased baffling; however, the possibility of increased disinfection by-products (DBPs) was noted. A subsequent evaluation to delineate the potential DBP formation in the clearwell center -channel was performed by Globaltech and documented in a report titled "Technical Memorandum ##2 — Disinfection Byproducts Evaluation", dated September 9th, 2021, resulting in simulated DBP formation below regulated maximum concentrations. This evaluation will update the conceptual recommended modifications to the WTP's clearwell center -channel for four -log virus treatment compliance, assist with developing a four -log virus treatment demonstration report, and assist with permitting services of the "Demonstration of Four - Log Virus Treatment of Ground Water' application. Baffle wall locations and disinfection chemical injection point locations shown on existing figures will be revised to illustrate better chemical mixing and will be overlayed on the City's existing clearwell record drawings. The Scope of Work will consist of the following tasks: Task 1: Project Management 1. Provide general project managementladministration for the duration of the project. 2 Attend project Kick-off meeting with Globaltech, City, Plant Personnel, and City - chosen design firm. Establish roles and points of contact, discuss objectives of the study and schedule, request electronic files of latest plant drawings and process flow diagrams. a Conduct site visit to review desired plant modifications and potential areas of concern. Page 325 of 1515 Task 2: Four -Log Virus Compliance Evaluation 1. Update conceptual layout of clearwell center -channel modifications to include current record drawings. 2. Update baffle wall locations and disinfection chemical injection points to provide better chemical mixing. 3. Assist with evaluating design parameters for four -log compliance. 4. Review evaluation findings with the City and City -chosen design firm. Task 3: Draft Demonstration of Four -Log Virus Treatment Re ort Develop a Draft "Demonstration of Four -Log Virus Treatment of Ground Water" report, in accordance with the Florida Department of Environmental Protection (FDEP) "Draft Guidelines for Four -Lag Virus Treatment of Ground Water The report will provide information on the following: • Existing WT facilities • Disinfection chemical storage and Feed Systems • Disinfection methods • Method to achieve four -log virus treatment • Calculations demonstrating four -log treatment • Identification of compliance monitoring parameters Task 4: Assistance with Application for Four -Log Virus Treatment_ Revision 1. The Draft "Demonstration of Four -Log Virus Treatment of Ground Water" will be provided to the City for their use in final report preparations. Globaltech shall assist the City with their initial four -log virus treatment submission to the regulating agency with the following items: • A cover letter summarizing the request • A completed FDEP "Cover Sheet for Demonstration of Four -Log Virus Treatment of Ground Water Form" The final "Demonstration of Four -Log Virus Treatment of Ground Water" report Services Not Included in Scope of Services • Final design services. • Changes in disinfection may change water quality that could affect corrosion control. This evaluation does not evaluate potential corrosion control treatment methods. • Hydraulic modeling of serpentine flow through baffled clearwell center -channel. • Modeling of hydraulic impacts of baffle walls on WTP processes and infrastructure. • Globaltech will not be the "Engineer of Record" for the four -log virus treatment demonstration permitting, design and construction effort. Signing and sealing of engineering documents is not included in the scope of services. • Additional services not otherwise provided for in this Scope of Services. 2 Page 326 of 1515 PROJECT PERSONNEL The CONSULTANT proposes Daniel Whalen, Ph.D., P.E., to serve as the project manager and technical reviewer of this project. DELIVERABLES CONSULTANT will provide the following deliverables as part of this Proposal; • Draft -- Demonstration of Four -Log Virus Treatment of Ground Water Report • FDEP -- Cover Sheets for Demonstration of Four -Log Virus Treatment of Ground Water Form I mil -I l drelkq 1. The City will furnish all available as -built drawings of plant facilities in AutoCAD (if available) and in PDF fashion. 2. All time durations presented are in calendar days. 3. Globaltech is not responsible for the final design regarding modifications to the WTP's clearwell for four -log compliance. 4. City -chosen design firm will be the "Engineer of Record" for four -log virus treatment demonstration application. 5. The City and City -chosen design firm will set milestone dates for project deliverables. 6. Project is anticipated to last 9 months, starting from written notice to proceed. COMPENSATION Compensation for this Proposal will be on a time and materials basis for a fee not to exceed $17,542.50 Attachment - A provides the compensation summary for the project. ATTACHMENT — A Compensation Summary 3 Page 327 of 1515 Submitted by Globaltech, Inc. "1Paul Gan , PE Title; President/GEC? I Page 328 of 1515 ATTACHMENT ® A Compensation Summary Page 329 of 1515 ATTACHMENT A EAST WATER TREATMENT PLANT CLEARWELL FOUR -LOG EVALUATION Subtotal Task 1 Task 2 Four -Log Virus Compliance Evaluation Conceptual Clearwell Modification Updates Evaluation of Four -Lag Compliance Subtotal Task 2 Task 3 Demonstation of Four -Log Virus Treatment Report Draft Report Preparation Final Report Assistance Subtotal Task 3 Task 4 Application for Four -Log Virus Treatment Permit Preparation and Submittal Response to Request for Information Subtotal Task 4 Total 2 10 16 4 $4,830.00 0 2 6 2 $1,335.00 2 2 8 0 $1,920.00 2 4 14 2 $3,2.55.00 2 2 24 2 $4,215.00 0 2 8 2 $1,605.00 2 4 32 4 $5,820.00 2 2 6 1 $1,717.50 2 2 8 0 $1,920.00 4 4 14 1 $3,637.50 10 22 76 11 $17,542.50 Page 330 of 1515 PURCHASE ORDER CITY F BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P O 4: 210290 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 14/13/20 i*A•i• TO: 6001 BROKEN SOUND PKWY STE .r BOC+ R +...«.. 33487 SHIP TO: City of Boynton .Beach EAST UTILITY ADMIN 124 E. WOOLI3RIGI- T ROAD BOYNTON BEACH, FT. 33435 REOUISITION NO. 77169 ORDERING DEPARTMENT: UTIL, ADMIN TP DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST " CHANGE #: 3 * CHANGE CARDER * DATE CHCS: 05/21/21 7 28374 00 DL PERFORM DISINFECTION BY-PRODUCTS 1.,0000 STUDY L EWTP w.....+. • 06.04 ,2021 RE -OPEN "! ADD LINE TO INCREASE COMMISSION APPROVED ON 05.18.2021 NEW TOTAL $59,874 y1Y EXTENDED COST P.O. TOTp,L. 28374.00 _F CERTIFICATE AE SALES ALE STAR EXEMPTION IMPORTANT,. .. .R � PROCUREMENT SERVICES: INSTRUCTIONS 11RENDER SEPARATE INVOICE FOR THIS OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL ! ORDER OR FOR EACH SHIPMENT THEREON PACKAGES, TICKETS, INVOICES, STATEMENTS, AND j IMMEDIATELY FOLLOWING SHIPMENT. 'THE CITY OF BOYNTON BEACH IS EXEMPT FROM, CORRESPONDENCE. 2PREPAID FREIGHT CHARGEABLE TO THE !FEDERAL EXCISE TAXES: WHERE TAX APPLIES jCITY OF BOYNTON BEACH MUST BE INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE MAIL INVOICES TO: i SUPPORTED BY CARRIER'S RECEIPT. -TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT BE FURNISHED UPON REQUEST, P.O. BOX 310 3JNVOICES AND STATEMENTS SUBJECT BOYNTON BEACH, FL 33425-0310 TO CASH DISCOUNT SPECIFIED HEREON, 0M c''► . Page 331 of 1515 CITY OF BOYNTON BEACH GENERAL. TERMS AND CONDITIONS Tax Exemption: 1"he City is tax exemito, IDD 85-8012621544C-0 Accewance of ContracL This order is tire City's offer to purchase the goods, and/or seyvir,;es described on tire reverse side frorn the Vendor, The City's islacernent, of this order is expressly candflioried upon the Vendor',s acceptance of all blue terrain and conditions of laurcricitier contained on or attached to this Flurcharce Order, Annendmeri No agreement or understanding to modify this contract sInall ice binding upon the City urpless In writing and signed by the City's authc67ed again All specificatiorm, diiievinings, and date submitted to the Vern1w, with this order are hereby kicorporatf,-.td and made a part hereof. Compliance with Laws! The Vendor certifies that In perforrining this contract, they will comply with alll appticable provisions of the, federal, state and local laws, r6VIArritions, rules and orders, Delivery All prices rnust ica F.C.S. destinahori, "Firma is of th.e essence on this contract, If comple4ed deliveries are riot inside at the [ernes agreed, the City reserves the right to cancel or purchase elsewhere arid to hold Vendor ac.xrountable, If delivery dates cannot bia wrest, Ver-olim agrees to advise the City, in wnfing of the rperfliest possible shipping date for acceptarrini by the City. Inspectim Goods and Matersil inrust bfr:,, lompedy packaged. Damaged qnods andi irwraterials vvill riot be accepted, or If the damage is riot readily apparent at the bane of the delivery, the goods shall be returned at no cost to the City. The City reserves the right to inspect the goods at, a reasonable [prune subsequuit to delivery where circurnstances or condltions prevent efleclive Inspection of the goods at the tirrie of delivery'L Laws Governing: This contract sinall be goverm-,ot by and construed accoricking to the lacus of the State of F r litrida Venue for any aclion relate,/ to this Agreement shalf be in line Qrcub Court for the 15th Judicirfll Circuit, Palm Baach County, Florida, Niatist'loill Stifety Data Sheets: Prcrfcer Material Safety Date Shoals, In aimplance, with OSHA's Hazard Communications Standard, must be provided by the Vendor in the City at the tirue Of F]UrChaSe or dclivery. Patents and Gopyrlghtrs� If an airticle sold and delivered to the City hereander shall be protected by any appicable paient or copyright, thire, Vendor agrees to indeninify and. save hamiess the City from and agaiinst any and ali suits, inatirns, judgments, and costs instituted Orr recovered agairtst it by any person vichornsoever on account of [lie use or set(., of such adides by the City In violation or right under such jeatent or copyright, payrnient: All involicnis shall be addressed to the ordering department, City of Boynton Beach, P,O, BOK 310, Boynton Beach, FL 33425-0310 as ireficated so the front of this flurchasc Order and must tnclude Vendor's narne and prione, number, and clearly list crwantives, stern descriptions arid cmitup of rneaSUpe. PLiblic Records: The City of Boyrftn Beach is public agency subject to Chapter 119, Florida Statutes, The Vandor shall comply with f loricia's Flubilic Records Lwn, Specifically, the Vendor, shall: A. Keep and makhain public, rrox)rdep requir(ad by fine Cl TY to perfoirn the service, Ei. Upon request froir the CITY's custodurr of public necords, provide the CITY with a copy of the requested records air allow tire records to be inspected or copred within a revisonphtle time, at a cost that (ices not exceed the cost provided lrr chapter 119, Fla Stitt. or as oth(eru�,Jr,,n," provided by iaw, E -Verify By accepting this F`iurehase Order, VeridorfCoritractor and any SUb-contablors nclated to this purnhase becornes obligated to comply with Sesnon 44f3.Q96, Ffa. Stat, "Ernicloyment Eligieflity," including registration arid use of the E -Verify systern, Please coritact the Purchasing 1.1visicAr for rnore infornrorflon if you are unsure of t1he reiliArenterits this lirnposbes. Public Reciards (cord,) C, Ensure that lothilic iriec.ord s that are, exeriptit or that are confidential and eo(empt from public record disclosure rectudements are not disclosed except as authorized by law for tie duration of the itontracrt term and, fic.dforning GOMpletran of the contract, Vendor shall destroy all copies of' such confidential arid exempt records remaining in its possession orme the Verpdor transfers the records in Its, possession to the CITY; arid 0, Upon cxwnpetfciri of the contract, Vendor shall sarrisfor to the CITY, at ncr cost to the CITY, all public records in Vendor's possession /QI records stores electrorricajy by Vendor rnirrst be provided to this CIFTY, upon request frown the CITY's custodian of public records, in a foiriniat that is corntratiliche with the information technology ,systems of the CITY, E� IF THE VENDOR HAS QUESTiONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA SITIATr UES, TO THE VENIDOR'S DUTY TO FIROMDE PUBLIC RECORDS RlEt ATiNG TO THIS CONI RACT, CON rVOTTHE CUSTODIAN OF IPUBILIC REC,'ORD& CRYSTAL. GIBSON, CiTY CLERK 3301 QUAN-ru ivi B LAD,, SLJ fT E :J OJ BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBS0NC@BBF-L,US Risk of Lom Vendor agrees to bear all risk of loss, kriury, or dephruc tion of goods, and materriblS ordered herein whictr may for any reason occur 1prior to accerstance by the City. No such loss, injury or destruction shall release Vendor from any ohigatIons hencurider, Sefutinlized COITil)arlies - 287.135 and 215,471 Vendw certifurs that Vendor is not participating in an boycoft at Israel. Veridor further certifies that Vendor is not on this Sorcturizest Cornparries that Boycott. Israel list, riot on the Scrutenzebi Compainlas with Acrfivitres in Sudan List, arid riot on the Scrutinized Comparries with Activities in the iran, Petroicurn Energy Sector Ust, or, has Vendor been engaged in business operations in Syria, Subject to linifted excellvions pr6prided in state Wirt, the Qih,r will not ecrritract for the provision of goods or services with any sic;rutlnized cir-mipany referred to above, Submitting a false certification shall be deerned a material breach of contract, The City shall provide rpotilce, in writlng, to Vendor of the City"s determination concerning Orr, false certification, Vendor shall have five (5) days nom repiceipir of notice in refute the false certificallon allegation, if such false certification is discovered during the toblive, contract term, Vendor, shall have ninety (90) days foilorving receipt of the notice to respond In writing and demonstrate that of false ,,riJrl,,,.,,l, the determination In was made in error, If Vendor does riot dernonstrans that the City's deterimination of false certification cyjs made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287 '135, Florida Stacifais, as amended frorn tirne Is time, Urifform Commercial Code. All applicable portions of the Florida Unliforni C(licrriercial. Code shall govern this contract with the City Warrainty: The Vendor, warrants to the ('fly that rill goods and, services fLanishea hereunder wit conform 'Vrp all respects, to the terrins of this order, includirig curvy drawings, specifications tw standards incoriscrated herian, airid/or defects In materials, work mans l i 1p, and free frornsuch defects in design, In addition, Vendor warrants that the goods and servicas stre Suitable for and will perform in accordance with the; purposes fix, which they were intended, Termination: Upon ttflotry (30) calendar days' crutten notice to Contractor, City may, withOLd cause and with prejudice to arty other right or remedy, terminate this Agreenrippi-it fear r (""ity"s converilence. Whers, the Aqreeprient is tearflinated for the coriverneirce of City, the notice of termination to Connector rnuat state that the Agreernerif is being terminated for lie cionvenience, of the City under this terrninabron clause, the effective safe of the termination, and tho extent of terrnination, Contractor shall be paid for the services up to arid including the affactive date of timc termination. This shaIll mean frawnent for all compla4ed tasks and payment for uncompleted tasks based upon a percentage of complation of such uncompleted tasks, Contractor shall not be paid art aorrouril of loss of ankciparted profits or out of m resulting froryli such termination. Page 332 of 1515 6.L. Consent Agenda 3/1/2022 Requested Action by Commission: Approve minutes from the February 15, 2022 City Commission meeting. Explanation of Request: The City Commission met on February 15, 2022 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description 1['1LAtE)S liir:LAtE)s 02...15 2022 Page 333 of 1515 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, February 15, 2022 at 5:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Ty Penserga Commissioner Justin Katz (arrived at 5:39 p.m.) Absent: Commissioner Christina L. Romelus 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:31 P.M. Roll Call Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Amalie Ash, First Presbyterian Church The Invocation was given by Amalie Ash, First Presbyterian Church. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow L. Hay Vice Mayor Hay led the Pledge of Allegiance to the Flag. Agenda Approval - 1 . pproval: 1. Additions, Deletions, Corrections Lori LaVerriere, City Manager, noted the Community Meeting will now be held on March 3, 2022, from 6:00-8:00 p.m. in the sanctuary of St. John Missionary Baptist Church, 900 N. Seacrest Blvd., Boynton Beach, Florida. A facilitator will be present for the conversation. She stated they will be issuing revised public notices. Commissioner Penserga added a request to allocate $1,000 of his Community Support Funds to the Boynton Beach Little League. *Common terminology that may offend people is noted with asterisks. Page 334 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 2. Adoption ILY, 11=11 Commissioner Penserga moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Penserga disclosed that he attended the Community Meeting on Riviera Drive. He noted approximately fifty people turned out. He had a phone conversation with Bradley Miller. Vice Mayor Hay disclosed he met with Bradley Miller about the WXEL request. He attended the Palm Beach County Day in Tallahassee and attended the League of Cities Workshop. He also attended the Friday Flicks on February 4th, and the Barrier Free event. Mayor Grant presented the Community Award to the Christa McAuliffe Middle School on February 2nd. That evening, he attended a Mayor's Debate in Gulf View Harbor. On February 3rd, he attended Boynton Beach Community High School's Nonprofit Scholar Career Coaching. On the evening of February 3rd, he attended the Community Meeting at Snug Harbor. On February 4th, he met with Jeff Barnes of Affiliated Development and attended the Go Red Health Expo sponsored by the National Coalition of Black Women. On February 6th, he attended the Immortal Four Chaplains ceremony at the Tom Kaiser Memorial Park. On February 11th, he attended the Magic Wheels and Special Deals and ran the Barrier Free 5K. He spoke with Bradley Miller and received multiple emails about the 1320 S. Federal Highway project. 3. Announcements, Community, and Special Events and Presentations A. Announcement by Tess Lacroix, Grants Manager, regarding funding awarded ($16.5M) through the Department of Economic Opportunity's "Rebuild Florida Mitigation General Infrastructure" Program. Tess Lacroix, Grants Manager, noted Boynton Beach is one of eight (8) communities awarded to make drainage, utilities, and roadway improvements in the San Castle neighborhood in District 2. She introduced Gary Dunmyer, City Engineer, who provided background of the application. Mr. Dunmyer introduced Paola Mendoza, Associate Engineer in Public Works. Paola Mendoza, Associate Engineer, thanked her team and the partnership with Kimley- Horn. She reviewed the project's purpose which is to mitigate flooding, unsafe road 061 Page 335 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 conditions, and aging water and sewer utilities. She discussed the value to the community. She reviewed the work to be completed, the project budget, and the area of benefit. She introduced Allison McGrath from Kimley-Horn, who noted how enthusiastic and dedicated the City staff were on this grant application. She thanked and congratulated the City. City Manager LaVerriere noted how competitive the grant process was and acknowledged how significant the funding is and the work completed by the team. Commissioner Penserga thanked Ms. Mendoza and the team. Vice Mayor congratulated them on a job well done. He said another area to look at for draining is NW 1St Court. Mayor Grant said the team was nominated for the Safe Streets Summit Complete Streets Community Award for the second year in a row. Commissioner Katz joined the meeting at 5:39 P.M. He disclosed he spoke to a number of residents regarding the S. Federal Highway project. He also spoke to Bradley Miller. B. Proclamation Public Art Manager Glenn Weiss to announce upcoming art exhibitions managed and sponsored by the Public Art Program and Art Advisory Board. Glenn Weiss, Public Art Manager, invited the Commission to the Black Creativity exhibition this Thursday, February 17th, at 6:30 P.M. at the Arts and Cultural Center. The exhibition features 22 Palm Beach County artists and poets. On March 5th, the 10th Annual Avenue of the Arts will open, featuring work by artists Luis Montoya and Leslie Ortiz from West Palm Beach. A series of banners will be featured on the Avenue of the Arts beginning on March 5th. He reviewed the Affordable Art Show that was held in December 2021 featuring 36 artists. He confirmed 14 artworks were sold. Vice Mayor Hay asked if any of the artists is the one featured at the amphitheater. Mayor Grant recommended better lighting in the future for the Affordable Art Show. Mr. Weiss did approach that artist, but she had no available work to include in the show, but she has been approved to do the art at the amphitheater. He said they are aiming for April to install the amphitheater artwork. C. Announcement by Kacy Young, Recreation & Parks Director, regarding Oceanfront Bark at Oceanfront Park on Saturday February 19, 2022, from 9am-12pm. Page 336 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Kacy Young, Recreation & Parks Director, announced that Oceanfront Bark at Oceanfront Park will be held on Saturday, February 19th, from 9 a.m. to 12 p.m. Parking will be free during the event. It is the last event due to Turtle Nesting Season beginning in March. More information is available at www.wemakelifefun.com. Mayor Grant asked about prioritizing access to the Oceanfront Beach for Boynton Beach residents. Mr. Young noted they sold the beach passes to residents and then non-residents on a first come, first served basis. He said they are looking into options including designated times for Boynton Beach residents to come to the beach. Mayor Grant said they should start planning now for the next budget cycle and new Commissioners. He recommended a shuttle service from City Hall. Commissioner Penserga asked if they track attendance at the events. Mr. Young replied yes. He said attendees sign in. He said it is not mandatory, but they have a high compliance rate because there is a raffle incentive. D. Announcement by Kacy Young, Recreation & Parks Director, regarding the Black History Month Celebration on February 26, from 12-6pm at Sara Sims Park. Mr. Young announced the Black History Month Celebration event on February 26th. The event will include educational lectures, an art exhibit, local vendors, dance and musical performances, food trucks, and activities for families and kids. E. Early Voting for the March 8, 2022, Special Election for the office of State Representative, District 88, and the Municipal Election will begin on Saturday, February 26, 2022 and will continue through Sunday, March 6, 2022. The Early Voting hours are from 10:00 a.m. until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available at the following website: www.votepalmbeach.gov/Voters/Early-Voting. Please note that due to public feedback, the PBC Supervisor of Elections has extended Early Voting, moving the daily end time from 6:00 p.m. to 7:00 p.m. Mayor Grant announced the details of the Early Voting for the March 8, 2022, Special Election. F. Community Meeting will be held on March 3, 2022, from 6:00-8:00 p.m. in the sanctuary of St. John Missionary Baptist Church, 900 N. Seacrest Blvd., Boynton Beach, Florida. The community is invited to speak with City leaders il Page 337 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 about the December 26, 2021, crash that resulted in the death of a 13 -year- old boy. Ms. LaVerriere said they consider this a Community conversation. It will be an opportunity for the Community and staff to discuss the process and decision-making to the best of their ability. It is open to the public. They have invited the Florida Highway Patrol to attend. The Police Chief, City Manager, City Clerk, Legal Counsel, and other staff members will be in attendance. Revised notices will be issued. G. Proclamation recognizing the month of February as African American History Month. Mayor Grant read the proclamation, which was accepted by Emanuel Dupree Jackson Jr., founder of the EJS Project. He thanked the Commission and the City. He noted the upcoming Black Excellence event. H. Proclamation recognizing the 45th anniversary of the Boynton Beach Gold Coast Band. Patricia Truscello and Barbara Rubenstein will accept the proclamation. Mayor Grant read the proclamation, which was accepted by Patricia Truscello and Barbara Rubenstein. They thanked the City and the Recreation Department for the continued support. She invited the public to the Concert Celebration on February 21St at 3:00 P.M. I. Proclamation recognizing the week of February 21, 2022, to February 27, 2022 as "Eating Disorders Awareness Week" and the weekend of February 25, 2022 to February 27, 2022 as "Not One More Weekend." Ya'el Sarig with the National Alliance for Eating Disorders will be online to accept the proclamation. Mayor Grant read the proclamation, which was accepted virtually by Ya'el Sarig. She thanked the City. J. Proclaim February 21, 2022, as International Mother Language Day. Imon Karim, CEO/Founder of American Bangladesh Public Affairs Committee (ABPAC), will accept the proclamation. Mayor Grant read the proclamation. Imon Karim was not in attendance to accept the proclamation. 4. Public Audience E Page 338 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 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) Mayor Grant asked the Commission to consider a second public audience opportunity for anyone needing more than three (3) minutes to be heard or allow them to speak for up to six (6) minutes during this allotted agenda time. Commissioner Katz recommended following the established rules. Mayor Grant confirmed they will maintain the three (3) minute time limit. Courtlandt McQuire, 506 Whispering Pines, started to address the Snug Harbor item. Mayor Grant reminded anyone who wishes to speak on the Snug Harbor item that there is another opportunity in the agenda to do so. Commissioner Penserga said to Mr. McQuire this time is for non -agenda items. Mr. McQuire continued said he would speak on other items. As Chair of the Arts Advisory Board, he expressed concern that art is being approved for the City by the Commission without passing through their Board. He has concerns about the Pride public memorial and believes it should be brought back to the Board for input. Debbie Rogers, 304 SW 8t" Place, asked for permission for their food truck to be on commercial property. She noted the truck has been parked at the same location for nine (9) months and the City tagged it a month ago to have it moved. Their application for operation was declined more than nine (9) months ago. She noted they paid $500 for a power box to be added to the site. She confirmed approval by the State and the Health Department has inspected and approved the truck. Mayor Grant asked to see the denial letter to clarify what they can do at each location. He said the next City Commission would need to change the ordinance to accommodate the truck size. He invited her to contact him directly in order to find a solution. City Attorney Cherof encouraged her to contact a staff member in the City Manager's office to discuss the item. Tory Orr, 106 NE 7t" Avenue, addressed Commissioner Katz. I stand with the Davis family. I'm going to keep coming up here every chance and bring what I know. These are bullies in this Commission. We hope the next group we get on March 8t", is better than the s**t we have up here. Bullying people. We know where you're at with the black community, but you want our vote. Three new Commissioners and one new Mayor. I'm just stating my fact. We respect you but you're not showing respect back. We deserve no Page 339 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 answers in our community too. I'm going to bring everything. You're a bully. Katz, your a** is out of here. You're part of the KKK. You're racist. Commissioner Katz said you just used your three minutes to disrespect. Unidentified speaker asked for additional time. I looked at the video again for the seventh time. I understand how it works. What really puzzles me is an officer that had an opportunity to go to that young man and just talk to him. If it was his neighbor or nephew, he would have not chased him. In my experience, I've talked with several former police officers that worked in this City and it's amazing some of the stories they told me. One of them told me when he started as a rookie, in his training, he was told, everything east of 1-95, go at it hard. He personally apologized to me. Every white person on the police force ain't bad but some of them have demons. You know who I'm talking about Reverend Hay. I want to say this. You can give Mark Sohn this message. I hope he's listening. Mark Sohn, one of these days, Marsy's law won't protect. The President of the union won't protect you. That day is called judgment day. I believe that it's coming sooner than later. When that day does come, he better hope, that SJ's blood is not on his hands. If SJ's blood is on his hands, fire and brimstone is waiting on him. Bishop Bernard Wright, CEO of Bernard Wright Ministries and current candidate for Mayor. I stand up for SJ III. Justice and equality about SJ. Blood on all your hands. Latosha Clemons deserves to be on that building. Put her name up there. The template's been set. You could have done it but for you Mr. Hay. Not one female black fireman came up through the ranks. Georgia got a jewel. This is all systemic racism. How long you been here Lori? What have you done for District 2? Money has been spent everywhere but District 2. Thank God for my brother Ernest Mignoli. I'm not anti -gay. No one ever will sacrifice for another. We are going to get justice. We want to see Latosha Clemons on the fire station while she's living not when she's dead. Justice and equality for SJ. To God be the glory. Mayor Grant clarified using the terms police officer and firefighter, so they are no longer gendered. Attorney Jasmine Rand, said wants to address on behalf of her clients, the mother and father of Stanley Davis III. There are several pressing issues to bring to the attention of the City Commission, including the fact that the family has yet to receive any evidence at all from the three public records request that have been submitted, dating back to December. I had a meeting with the City Attorneys, and they promised me a written response to producing any of the documents. That is overdue by nine days now. I have followed up with an email and have not heard anything back from the City Attorneys. It is the City's duty to release certain public records. What's concerning is that the City Attorneys seemed ready to produce, told me that within 3-4 days they would send a written response, and I have to receive any communication since that date. The pattern of corruption in the Boynton Beach Police Department is troubling. I think it would be a 7 Page 340 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 priority in this case to determine what happened to ensure the records that are able to be lawfully released to the family are released. We heard a lot a talk about whether or not there are cameras. If you're saying the officer did not have those cameras, why did he not have them? What is the remedy for that? What are the consequences for officers who fail to engage cameras? What are the consequences to the City to ensure the police vehicles properly installed and functioning? We demand transparency in the investigative process. We demand immediate release of records. To put you on notice, Attorney Benjamin Crump and myself are going to be requesting an investigation into the Police Department and engaging in conversation with both State and Federal authorities. This is not the first time this officer has killed somebody. This is the third time. He should have been fired long before this investigation happened. We have a real concern about the pattern and practice of racial discrimination and police brutality and failure of the City to hold these officers accountable, particularly the City Manager. These issues are concerned to the citizens of Boynton Beach who don't feel like they are being protected. Charday Hunter, 12300 NW 17th Street, Sunrise, is SJ's aunt and sister of Shannon Thompson. Yesterday was Valentine's Day and it just reminds me of another thing that SJ has to miss out on due to no fault of his own. One of the many firsts that SJ will not be able to participate. He won't be able to participate in prom, filling out college applications, dating, having babies. All the things that Mark Sohn and all his kids get to do. It's just layers and layers of trauma that he has caused us. Not just SJ's death but everything that comes on with it. Holidays. People failing to do their job. Lori, you should have done what was right in the first place, regardless of your reputation. That's how you sleep well at night. You should have fired him and everybody that thinks like him. When these citizens report they are being harassed, you take it seriously, because now look what has happened. Children have died. His legacy is children's death. Lori, you have blood on your hands. You all f****d up this time and there will be h**I to pay for SJ. SJ is not just any ordinary child. He was a king in this Community since he was 5 years old. He is everything to us. He was smart. He was involved in sports. You took that from us, from the Community. I don't know what it will take to arrest this officer, but that is what needs to happen. Just start there. Rolando Chang Barrero, 1021 Avon Road, West Palm Beach, has a business in the Boynton Beach Art District. I am aware there has been a new process established by the City for mural approval by the Arts Advisory Board. I cannot be on the Advisory Board because I do not reside in Boynton Beach. Are they prepared to do the art calls and reviews if we fall under the auspices under the new regulations? Or will there be a working relationship with the City? I had complete curatorial say in the murals as long as they abided by the City's decency laws and regulations. We host national, local, and student projects throughout the year. Kathryn Matos, Assistant City Manager, said the ordinance provides for the Arts District to have murals the way we've been doing it. The whole goal of the ordinance is to increase N. Page 341 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 the number of murals throughout the City. There is a carve out for the Arts District area and areas already designated. Reach out to Glenn Weiss directly to chat about it further. Dr. Stephanie Hayden-Adeyemo, 2181 SW 15th Avenue, N102, joined virtually. I wanted to piggyback on the Attorney for the family of Stanley Davis III. 1 had three items I wanted to ask. If there are no cameras, per se, is there a policy put in place for stops with non- functioning devices on vehicles that are called in prior to the stop? In this situation, I am not hearing what we will do to ensure we will get some information released. Secondly, is there a way to get the record of the route before, during, and after the shift of the officer whose name is not being released? What is the duty position and post for that officer and the officer that came on before him and officer that came on after he left? What is his location during that day, four hours leading up to the incident and four hours after the incident? Third, since it seems there is a holdoff of data being released, how can the citizens of Boynton feel assured that the actual transparency and thoroughness of combing through records will actually be done? Mayor Grant read a statement from Shakira G. He read: We have been very patient with the City of Boynton Beach. What is the status of the investigation of the death of Stanley Dale Davis III? We are grieving but not giving up. We want accountability, transparency, and justice. SJ's life mattered! Ernest Mignoli, 710 NE 7th St. Unit 407, said he is living in a development next to a development that's filled with crime, child abuse, domestic violence, drugs, and police not willing to come in. They are all friends with the firemen and the police. If you go on the corner of Ocean and Federal, you see two political banners and they say endorsed by the first responders and the other says Florida Police and Florida Fireman. They are saying get us in and don't forget all the groups and cover up we got going. We'll take care of this investigation. It's known as reverse bias hate. They are bragging about power, money, and influence. The fear in this City if this becomes Mayor is frightful. Let me tell you what I've been doing with the Florida Police. I have been in a two-hour sworn interview with four of them. It's very problematic. Those Boynton Beach Police and Florida Police, they are partying together, getting busted for drugs, getting fired, and covering up for each other. This investigation is so corrupt that let's pray Benjamin's Crump's firm does exactly what he says. This City Manager and City Lawyer forget about it. If they are not investigated by the FBI over this stuff, we are all going to lose. Tell the Chief to come out from hiding in the back room. Bryce Graham, 2nd Vice -President for the National Action Network Central Florida Chapter. Say his name. SJ. Say his name. SJ. It has been seven weeks and yet this Community and this family has gone without answers. From an ongoing investigation. And all you want to say is a process. Don't tell us about no process. When it comes to a 13 -year old child's life who was chased, pursued, and filled by this officer. The process should be that this officer who has killed a 13 -year-old child and two others is fired. That officer is still collecting a paycheck off the back of this paycheck. He must go. These are I Page 342 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 all demands, and we are saying no justice, no peace in Boynton Beach. We are coming with demands. Fire this officer. Forget the procedures and policies that protect this guy. Fire him. Release the evidence. I just landed back from Washington DC. I met with policy makers. Your officer has violated several policies. The chase policy. The racial policy. Fire this officer. Release what we need to know about this case to this family. It is ridiculous that we don't have an answer yet. I come to let you know you better get the train rolling or we are going to roll the train over all of you. Pernell Davis said he did speak to the Chief. We had a great conversation and the Internal Affairs Director. It was pretty constructive. I went back and looked at an old video of Officer Sohn pulling over Major Michael Johnson. In the video Officer Sohn for pulling over the Major for speeding. The Major comes back and pulls over Officer Sohn for breaking the same traffic laws. In the video Major Johnson says that he's going to have to let the Chief know he's been pulled over for speeding. The officers follow what policies they want to follow. Major Johnson was guilty to be in violation of policies set forth by the City, but nothing happened because Ms. Lori rejected the reprimand. Once again Lori you saved your guy. So now policies are broken, and we have no guarantee you are going to follow the rules. You just let everyone who break policies stay on the force and police our people? Why was he still on the force after breaking policy? He didn't even get reprimanded for what he did. Your officer had your other officer for breaking the law. So, in your memorandum that you sent out, they are going to do the investigation, the Chief will do the findings. What will you do then? Reject that one too? What is the point of having policies if no one has to follow them? At this point, I'm not caring about policy. People break policy on camera. Who paid for the investigation? We want to know what happens when people break policies in this City? What happens with a police officer breaks policy? What happens? Mr. Katz, you were vocal earlier? What happens? Commissioner Katz said I think everyone should follow policies and established law. If they are found to violate it, they would be held accountable. I cannot speak to what you are speaking to, which happened years ago. It is my understanding that if there are policies violated by any City employee it will result in accountability. Pernell Davis said you mentioned something about teachers. An article comes out and my nephew's name is spewed everywhere. We weren't afforded the same opportunity as the officer who is getting paid. Shouldn't we get it? How did Officer Sohn know about it. What is policy Lori? City Manager LaVerriere said you know we are trying to set up a time. We are waiting for Shannon so we can discuss that. I am working with the Chief to meet with Pernell and Stanley Davis. Lay off the theatrics because you do not have half the facts. This isn't the forum, and you know. As soon as we get Shannon together, we will get everyone together. The Chief if working with Stanley on that and you know that. 10 Page 343 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Shannon Thompson, Stanley Dale Davis III's mother, said there were a lot of things discussed last time. The City Attorney was vocal with statutes, policies, and regulations. You were very forthcoming last week but mute tonight. I want to remind you of your pursuit policy. We know he did not commit any of those. I want to remind you again your job descriptions for the police departments do state they are to know the basic first aid method and to stop the bleeding. I would like to know, on December 26, 2021, why did Mark or any of the other paramedics render first aid or why didn't Mark know what he was taught to stop the bleed? What is the policy of first responders getting there and declaring someone dead on the scene without actually touching the person? Officers are to accept responsibility for their own actions. Reverend, what I want to say to you, because you're supposed to be a man of God, is Jeremiah 4:31. 1 am that woman. I am that mother. I want you to know this is pain. I also want to state some statutes. Every person who has custody of public records should permit the record to be inspected and copied by any person desiring to do so at any reasonable time under reasonable conditions. Why are we hiding these records? Why aren't you releasing them? Lori, you stated the investigation was going to include all the facts. However, you did release that Stanley Dale Davis was riding reckless. We know that's a false narrative. Stanley was never on Boynton Beach Boulevard. How was the officer able to leave the scene of the crime? Why was the vehicle not part of the investigation? Why was he allowed to leave with the vehicle? Also, you keep stating he was driving reckless. Are we going to see any video footage to support this narrative? On December 26, 2021, when the Chief came over to myself and my sister and issued an apology, I have the audio recording of him stating that all the vehicles are equipped with dash cams and officers and have body cam. So now you're retracting the statement and say only K-9 units have dash cams. We will be replaying that evidence I have of him. Unidentified Speaker said she sees Mayor Grant twice a week at her job. Here we are at your job and you can't even remain indifferent. Everyone is rolling their eyes and throwing their heads back. If he was once a K-9 demoted, does that mean his vehicle was demoted as well. If that was the case, he has a dash cam in that vehicle. Was his vehicle demoted as well? Is there any way we can get any type of information about what is going on? They sit in the bar together. They get drunk together. They protect each other. This needs to be a Federal case. Lori, you have yet to take accountability for anything they did. You don't even slap them on the wrist. What are we going to do about this? Dash cams are very important. We need them now for incidents like this to never reoccur. This is what the officers are required to have. If we can start there, that would be great. No answers. Thank you. Ester Green said I have been coming to the meetings since SJ's demise. I stand with the Davis and Thompson family. I'm hurt because I felt this incident should have never happened. I'm here to say the City of Boynton Beah and Police Department is responsible for SJ's death. We're talking about a young man who had a bright future. Every time we come, I see a double standard and it is so unfair. I also watched the video about Michael Johnson was he was pulled over by Officer Sohn. Officer Sohn did his job but Lori, you 11 Page 344 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 did not do yourjob. You had a chance to make a decision, but you did absolutely nothing. This cannot continue. Also, about the red-light cameras. I myself received a ticket from Boynton Beach Boulevard and Seacreast. I received a traffic ticket. You guys can check the red-light cameras, but no one would give us answers. Nobody would answer our questions. I see a double standard here. What's so hard about answering our questions? What did he report happened December 26th? We talk and we said last week, can we have a Q &A with the Chief of Police, with Lori, with the Mayor. No one gave us an answer about a Q & A. You break rules when it's convenient to you. This young man's life matters. It matters to us. We're sad. We're grieving. We're hurt. We take time out of our schedule to come here. Mayor Grant said earlier today we made the announcement about the meeting with the City Manager, the Police Chief, the City Attorney, and I will be there as well. It will be on February 22nd from 6:00 — 8:00 P.M. over at St. John Missionary Baptist Church. City Manager LaVerriere clarified that it will be held on March 3rd and is on the revised agenda. We will answer every question that we can answer. Mayor Grant asked City Attorney Cherof if there is a statute that can be provided in regard to public records in a criminal investigation. City Attorney Cherof noted Chapter 119 and said there is a long list of exemptions to those record released set forth in the same statute. He can provide the details. Carmen Morris, 333 NW 12th Avenue, is SJ's grandma. You all can't give me no answers about my baby? Everyone up here with the hushed mouth. If I had killed Mark Sohn, I would have been gone. No doubt about it. This man chased my grandbaby down. You all get to go home to your people. I don't understand none of this. That's crazy. Lori, you ain't looking at me. I'm talking mainly to you. You keep this killer on the streets, man. Where my baby out? No cameras. I got a DUI and you had dash cams, body cam, all of that. This man ran my grandbaby down and you all are going to tell me there's no video. Seven weeks my baby been gone. I mean, we want answers. I want answers to know why my grandbaby is in the grave. That's so crazy. Can't speak on this and can't speak on that. I'm hurt. My baby was just 13 years old, enjoying his Christmas gift. He was nowhere to be seen after he murdered my grandson. Boynton, exactly. You keep washing your hands like it's nothing. We need you're a** off the force too. All of that. Mercedes Morris is SJ's cousin. I'm just here to say it has been seven weeks and we have no answers. We have been peaceful. Starting Friday night, there will be no peace. We're crashing it. Everything the City has, we're crashing it. You're having a Black History Month Celebration. We're black. We're crashing it. We don't give a d**n. No more peace. He deserved justice and transparency and we haven't been getting nothing. We can't be peaceful and have no answers. How is it that Reverend Masters never seen or heard Stanley a day in his life, paid homage to Stanley. SJ's name needs to be somewhere in 12 Page 345 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Black History Month. His school is honoring him on the 28th for Black History. What is the City of Boynton doing for him beside ignoring the evidence? Mark isn't even an officer to me. I won't even speak his name. What is the City doing for Stanley? No more peace, man. I mean that from the bottom of my heart. I went to Walmart and and bought a big a** speaker. Lolonda Byrd -Davis, 832 8th Avenue, has a question. We spoke about the 22nd being the forum. When were you going to notify the family that it was changed? Mayor Grant said he found out today and reiterated the details. Ms. Byrd -Davis said it is inconvenient to family members. If certain people are not there, it's not fair. City Manager LaVerriere said we decided at 3:00 or 4:00 P.M. today that the church can facilitate and is available. I will have the Chief reach out to Mr. Davis and if that is a date that not all the family can attend, we'd be happy to move it. Herbert Thompson is the grandfather of SJ. I don't have much to say but I'm observing. What come to me is if the shoe was on the next foot, if this was a black officer and a white child, we all know what the outcome would be. I have a good relationship with my daughter. I called her two days ago and she was so upset and crying. As a father, I don't know what to tell her for comfort. It hurt. I see him every night. You all wouldn't know because it never happened to you. We get questions and no answers. This is one thing that is not going away. This isn't a sweep under the mat. This officer is a rotten apple. It's a rotten tree that produced the rotten apple. You all are a part of it too. Mark Waters said my question is what is going on this investigation. The family still doesn't have answers. What is the process? What's going on? I don't understand what is going on. Mayor Grant said the Florida Highway Patrol still has the matter under investigation. Until the investigation is over, there are rights provided to an officer under the Police Officer's Bill of Rights. The answers we can provide do not provide a full explanation of the investigation. Mr. Waters replied that it is inadequate. Do you understand where I'm coming from? That's why there is a lot of answer and people are upset. The child is gone. There is nothing to heal that spot that is taken. What you are saying is not enough. This is their child. That hurts. Maybe they need to come up with different rules for investigations. This family and this City is hurting from this. Every day. While this investigation has taken all this time. They want justice and they mean that. You just get tired of saying it. You just get angry. They need to bring more comfort to the family quicker. Is that understandable? 13 Page 346 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Is that asking for too much? Imagine if that was your child. That's not fair to them. That's not fair to his family. I know that family. We still praying for y'all. Laticia Thomas said that I'm praying for the family of SJ III. Why isn't the Chief there to answer questions? What are you doing for the future? Are you going to change anything? You've had about three or four meetings already. What have you done? We've been here three or four times, with the same people coming, we're still asking the same old questions. What have you done as of yet? Justice for SJ. Mayor Grant said the family has called me and spoke with them. I have stayed after the meeting to speak with them and answer their questions. Kayla Franklin is SJ's aunt. I wasn't even going to talk but I'm just so frustrated. I just want to know how would you feel? Officers and paramedics arrive to the scene and they see a child or a person laying in the middle of the road, no one went to check a pulse. We don't know if my nephew had a chance to fight for his life. No one went to check for a pulse. Nobody would let his uncles touch him. At what point, did they know he had passed? You don't know if his heart is beating. They didn't even check him. Everyone just automatically assumed he was dead. Can you imagine that? So here we are again. Still begging to see where we are in this grieving process. It hasn't gotten easier. We got to come here the first and third Tuesday. There are other things we could be doing. Saying the same things. Asking the same questions. We haven't gotten an answer to nothing. Even the simplest things. Who suggested the meeting be moved? City Manager LaVerriere said after conferring with the Chief and Stephanie we decided we should move the venue away from PD. We needed to know if the church was available and could facilitate us. Mayor Grant asked if the family would still like to have a meeting at the Police Department as originally planned. Ms. Franklin said this happened December 26 and SJ should have been on the agenda the first January meeting. This officer, who is at home, I'm sure he makes more than me. For this man has made well over $10,000-$15,000 over the past seven weeks doing nothing and that's ok to you all. Mr. Davis said Mr. Grant can you give Jasmine Rand three minutes to speak. Mayor Grant replied we already gave her three minutes to speak. Mr. Davis said she told him to say they received the 911 call and the audio from FHP so there is no excuse for why you aren't producing anything. FHP is not holding them back from producing records that are not privileged. I'm not getting up here about that. I felt like with time, it would get easier. His mom is getting stronger than me but now it's 14 Page 347 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 weighing on her. This weekend, we went to help a family out. We go out there because we can feel the pain that mother and her family is going through. I received no help. I received nothing. If I'm the Mayor of this District, there's no way I don't reach out and see if the family needs anything. As the days go by, it's getting worse and worse. I have nightmares. I had a dream of standing over my son as he was being lowered in the ground. Once they lowered him that day, I knew I would never see him again. I play the videos back. I surprised him with a bedroom set. I constantly watch the videos over and over. That's hurting me more than anything. I'm understanding. We had a talk with the Chief so I kind of understand what is going on. It still gives me no closure. Mr. Katz his name shouldn't have been in that. Obviously, you could see my son is a great kid. His name shouldn't be tied up with that article at all. He would have told them don't fight. You all are just highlighting whatever you can to paint a picture of my son. You should be apologizing for the narrative of my son. Chief Gregory saw the video, but you have a sworn statement from your officer that he was on Boynton Beach Boulevard. Still, we haven't gotten an apology for that. That rocks me to my core. I can accept the investigation and the course in time but I cannot accept that you keep putting my son's name in stuff that doesn't fit him. Mr. Katz, you should have never spoken on that. Commissioner Katz said I want to apologize that I ever had to explain this to you. I have no words. To clarify, the School District of Palm Beach County made a statement in regards to your son. I refuted that because those issues predated anything recently. This side conversation means nothing compared to the serious issue you are facing. I just want to make clear I did not use your son's name. I felt sickened that they made it about your son. I just wanted to clarify that for you. Mr. Davis said what would help this family is an apology. That would be a start. You want to build this bridge. I want the world to know the type of child my son was. We need to hear that. That's the least you guys can do for him. Thank you. Renee Morris said I'm going to be nice tonight, but my feelings are hurt because people are telling me family no theatrics. If it was your child, you would be livid. Do not ever tell my family no theatrics. This is feelings. You took away a 13 -year-old student. This is tearing my family up. This is feelings. Two weeks ago, I asked the Mayor about red light cameras. One of my friends got a red-light ticket on Federal and Boynton Beach Boulevard. So, if there are not red-light cameras a mile down a road, why would she have gotten a ticket. Red-light cameras have been all in the news. We're not going anywhere until Mark Sohn is gone. We'll be here spending our money on bullcrap. West has to be beautiful. You're spending our taxpayer dollars out West. We're going to be here. You might be cursed out. You might get some threats, but we'll still be here. Nisha Burgess is the sister of Shannon. Where does it say that it says a person cannot come back and speak up a second time? But where does it say it in the packet? It does not say a person cannot get back up here and speak for a second time. As a medical personnel, knowing the EMT did not render services to SJ, that is sickening. As a nurse, 15 Page 348 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 we're there until an EMT gets there. You have to render services. You just looked at him and called the death. That is very sickening. If you cannot see that, where is your heart. I am in the medical field because I choose to help people. A 13 -year-old. That is sickening. When my son falls, I'm there and I'm hoping the next person is there to ask him if he's ok. Knowing that baby was lying there, facedown, and know that no one had the audacity to render services to him. You don't rush over there to see if that baby is ok. I have a problem with that. Where is your heart? His blood is on all your hands until you do the necessary step and fire that officer. Look in the mirror. Take a look at yourselves. What if that was your child? I look at my son and my heart hurts. When I talked to my sister on the weekend, she was crying on the phone. I didn't know what to say to her. I see her pain every day. Has anything asked her or Stanley about their mental health? Do you know if their contemplating suicide? Do you know? Where is there help? They are pleading with you guys for answers. Since when has answering questions been so hard. I did not want to get up here but I'm glad I did. Where is your heart? Are you happy with the person you have become? I don't go home with any regrets because I know if a person coded, I was there to render services for them. We're pleading with you. We just want answers, transparency, accountability. It seems like no one is following policies and regulations. Are you happy with yourselves? Bishop Thomas Masters, International Ambassador World Conference of Mayors, is the former Mayor of the City of Riveria Beach. I want to commend Shannon and Stanley, a man and a woman of peace. They are people are peace and of love. They are leading. They are leaders in this Community. They are hurting. They are in pain. Yet they are asking for peace and justice. I have been in the struggle for freedom and justice for all my life. Michael Brown. Trayvon Martin. Corey Jones. Minnesota, George Floyd, I was there. There are three levels that you may want to look at. The first level is conformation. The next level is demonstration, and the next level is negotiation. I would suggest doing that as soon as you can. I am happy to hear the Police Chief sat down with two members of the family. The longer this goes on the longer it boils and boils. Without answers the Community is in the dark. I suggest to you to pray an ask God to lead and guide you now in order to sit down and brig about some resolutions and answers. That's all they are asking for and that's not much. Because of Shannon and Staley, we don't have a Ferguson here. We don't have a Minnesota here. We don't have the violence here. You have God-fearing parents. I commend them for that. I commend anyone that will continue to work through this and for peace. Mr. Mayor, if you invite the US Justice Department into this situation, they will help you. They have been very helpful to the Mayors, the elected officials, and the community. Invite them in and see how it works for you. Mayor Grant said I don't know if I can do that based on the City Charter, but the City Commission could request the City Manager do that. LaShonda Wright joined virtually. This whole situation is very disgusting and sad. To you, Steve, as the Mayor, I have watched you walk through the streets of Cherry Hill, you have been all up in the store on Cherry Hill. Your demeanor at the store and to look at 16 Page 349 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 you now, it's like you're a whole different person. I know it's not your fault and there are different rules and regulations that you have to follow as a Mayor, but you can do more than you're doing. That's just my option. You got the clout when you take pictures to make yourself look good but when things like this happen, you as the Mayor, have room to say what needs to be done. You're not doing that. That's saddening. To Lori, you're disgusting. You are rude. You have no heart. I'm not going off what everyone else is saying. Every time someone asks a question, your comeback is very irate. You don't know how to speak to people. This is a family that is hurting. If the shoe is on the other foot, you would be upset. My suggestion to you is, you need to get some type of training or classes to educate you to deal with things like this as they come about. You need to know how to be a people person and be there for a family. You need to be professional at all times and the rate that you're showing tonight with the side comments, that was inappropriate. You are disgusting. You need to be off the panel. Not next week. You need to be out. The whole panel needs to have new members. When are you going to answer the family questions? This baby lost his life. I'm going to keep it simple. Give the family the answers they need. You're not giving them anything. Crystal Haden said good night to everybody. This is a comment. Ms. Lori, you explain to Pernell Davis stop with the theatrics. Was it theatrical when SJ saw the officer son the right-hand side of him? Was it theatrical to see SJ on the ground with p*ss coming out of him with a sheet over him for nearly five hours? Was it theatrical to give away Gatorade out there thinking someone was going to be calmed down? What is theatrical is your capacity and your position. Good night. Unidentified person brought a phone to the podium for someone to speak. Mayor Grant said this is not how it works. You cannot bring up a phone. I am going to ask our officer. Lori if you would like to assist me with this. I have never had someone to bring up a phone to speak in six years. You are not able to do that at tonight's meeting. If the Commission wants to overrule me and say it is allowed, I will allow it. Commissioner Penserga said you can speak as an individual since you have not done so but the person on the phone cannot do that. Disruption ensued in the Chamber. City Attorney Cherof said if Jasmine Rand would like to call him tomorrow, he will communicate anything she would like to say to the Commission. Cameron Simmons, 544 NW 10th Avenue, said why won't you let the Attorney speak? Let her speak. Can Stanley get an apology from you tonight? Is that too much to ask for? Mayor, you're the leader of Boynton Beach. Lori, can he apologize? Can we get an apology to the family? 17 Page 350 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mayor Grant said if you already spoke during Public Audience that you don't disrupt the meeting anymore. I believe I have the authority. City Attorney Cherof said you do have authority to maintain order of the meeting. It requires a warning to the people who are disrupting the meeting, and then you can restore order by having that person removed after the warning. Skya Charles said I want to know what level we are able to speak because you are saying people are being disruptive when people are asking for an apology. Do you think it's necessary to apologize? Is a public apology in your alignment? I understand that is something you don't want to do because it is admitting the police was wrong. The police were wrong for pursuing him. A lot of us are heartbroken. His parents. I am heartbroken because I have a son too who was chased by the cops on a motorcycle. He dealt with it in a proper manner. I'm glad he didn't harm him even though the officer was upset. Just knowing that my child wasn't harmed that day by that officer, I know that an officer can be concerned for a child. I think the situation that occurred with SJ proves that not all officers have that respect for human life. It just proves to me that my child was saved my day. SJ wasn't saved. I'm choked up about it because it is a very emotional topic. I wish the community, the leadership, the administration would consider someone has to take accountability. There needs to be different ways to go about pursuing things. It's not like what the kid was doing required his death. There are all types of ways this could have been dealt with. If we don't get no accountability and transparency, then it's possible something like this would occur again. This is not the first time a kid was pursued. This is the first time in our Community it was a death that touched us. I feel like the people in authority are not taking accountability and that hurts. Ted Kazar said he's been waiting three hours to discuss Snug Harbor Drive and Riveria Drive. A lot of people had to leave so I'm suggesting we can postpone the Snug Harbor Drive to some other date. It would be beneficial to be able to speak our minds. It will obviously be a lot later tonight. What can be done about that? Mayor Grant said there is nothing they can do unless the Commission wants to put Public Audience after the City's business. Mr. Kazar said it would not be breaking the rules to postpone to a different date. Is it going to go on? Mayor Grant said it will go on. Disruption ensued in the Chamber with Mr. Graham and there was a request for him to be removed. Ms. Hunter said I want to speak on the flippant comments by Lori. I don't know what theatrics you are talking about. These are real raw emotions and people want answers. IN Page 351 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Do your job. If you had done your job in the first place, we wouldn't be here. When my sister is speaking, don't be looking through papers. We are grieving. We are upset. Mayor Grant closed the Public Audience. 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. B. Approve the request of Commissioner Christina Romelus to distribute $500.00 of her Community Support Funds to the Boca Raton's Promise Organization to support the Boynton Beach Mental Health Committee. Motion Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to Young Men of Distinction, Inc. Motion Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. Jacoby Waters thanked the Commission and described the work of Young Men of Distinction, Inc. D. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Congress Middle School. Motion Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. E. Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to Emanuel Jackson Sr. (EJS) Project, Inc. Motion Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. 19 Page 352 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Item F was added to the agenda. F. Approve the request of Commissioner Ty Penserga to distribute $1,000.00 of his Community Support Funds to the Boynton Beach Little League. Motion Vice Mayor Hay moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. Mayor Grant commented that he would also like to distribute $200 of his Community Support Funds to the Boynton Beach Little League and asked for a motion. Motion Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 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. Approve Task Order GIS-EPW-06-22 with Florida Technical Consultants, LLC, in the amount of $44,800 in accordance with RFQ No. 007-2821-20/TP, for Geographic Information Services (GIS) for re-evaluation of the City-wide Pavement Condition Assessment, awarded by the City Commission on July 7, 2020. B. Proposed Resolution No. R22-028 - Approve the Memorandum of Understanding (MOU) between the Palm Beach County PBA Police Officers and Detectives and the City regarding Covid-19 policies and practices. Proposed Resolution No. R22-029 - Approve the Memorandum of Understanding (MOU) between the Palm Beach County PBA Police Sergeants and the City regarding Covid-19 policies and practices. C. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in 20 Page 353 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 the written report for February 15, 2022 - "Request for Extensions and/or Piggybacks." D. Approve the authorization of staff to issue a purchase order in the amount of $45,240.00 for the annual estimated expenditure for janitorial services with Clean Space based utilizing COBB Bid No. 010-2511-19/IT for Utility Administration Building, East Water Treatment Plant, West Water Treatment, and District Energy Plant. E. Proposed Resolution No. R22-033 - Approve and authorize the City Manager to sign a Notice to Proceed pursuant to the Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions, Inc., d/b/a Verra Mobility ("Verra") for the expansion of the Red Light Traffic Enforcement system. Vice Mayor Hay and Commissioner Penserga both requested to pull item 6E for discussion. Vice Mayor Hay asked for a general overview of the cameras that will be added to the City. Chief Gregory reviewed the history and purpose of the Red -Light Camera (RLC) Program since its implementation in the City in 2011. He noted the program is self- funded by the revenue it generates. He outlined the six intersections that are covered by the RLCs. Mayor Grant asked about camera placement on S. Federal Highway. Vice Mayor Hay inquired how they determine the number of cameras to place in a location. Chief Gregory said based on number of accidents or traffic crashes. Commissioner Penserga asked about the data of N. Congress Ave. and W. Gateway Blvd. and whether it is indicating a decrease in traffic volume. Chief Gregory replied yes. He noted that the data is supplied entirely by the vendor. Commissioner Penserga said it is confusing that the traffic volume is down, but the notice of violations has almost doubled. He stated they would want to see a decrease of violations if the RLC program is supposed to be a deterrent. 21 Page 354 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Chief Gregory shared the low statistic of repeat offenders. He reviewed the traffic growth in 2019 and 2021. He stated Verra Mobility has completed their study and recommended three (3) additional intersections for RLCs. Commissioner Katz asked for clarification on the estimated daily average numbers. Chief Gregory said those are how many tickets are issued after they exempt all the statutory requirements. He reviewed the crashes in 2019, 2020, and 2021 in the three (3) proposed intersections. Mayor Grant asked about fatalities in these intersections. Chief Gregory responded that he can provide that data following the meeting Mayor Grant stated that he is in favor of moving forward with the additional intersections. Motion Vice Mayor Hay moved to approve the Item. Commissioner Katz seconded the motion. The motion passed 3-1 (Nay -Commissioner Penserga). F. Approve Task Order UT -313-03 with AECOM in the amount of $52,812.00 for professional engineering services for the Raw Water Transmission Main Repair and Replacement Alternatives Analysis in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018, renewed on August 3, 2021. G. Approve minutes from the February 1, 2022 City Commission meeting. Motion Commissioner Penserga moved to approve the remaining Consent Agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Bids And Purchases Over $100,000 A. Add scope to Task Order UT -1 E-03 with Alexis Knight Architects, in the amount of $55,753 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to add the design of a replacement force main to the Mangrove Park and the Boynton Beach Boulevard Extension Project. 22 Page 355 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 B. Approve and authorize acquisition of commodities from IXOM Watercare, Inc. for the purchase of MIEX Doc Resin with an estimated annual expenditure of $330,585. C. Approve the purchase of these two (2) replacement vehicles that were approved in the FY21-22 budget for an estimated amount of $230,750.00 by utilizing the Florida Sheriffs Association Contract No. FSA20-EQU18.0. D. 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 February 15, 2022 - "Request for Extensions and/or Piggybacks." E. Approve additional scope in Task Order ASPS -93-031721 with Atlantic Southern Paving & Sealcoating, Inc., in the amount of $62,938 in accordance with Bid No. 010-2512-18/IT to replace damaged asphalt paths, concrete sidewalks and curbing on High Ridge Road. The amended task order amount will be $296,856.65. F. Authorize the City Manager to issue a Purchase Order in the amount of $163,751 to Gentile, Glas, Holloway, O' Mahoney & Associates, Inc. for professional services for a Parks & Recreation System Master Plan. These services will be performed in accordance with the City of Boynton Beach General Consulting Services Agreement RFQ No. 046-2410-17/TP executed August 20, 2018. Proposed Resolution R22-030 - Budget amendment to increase Park Impact Fee Fund by $175,000 to bring appropriated expenditures from $66,067 to $241,067. Motion In a unanimous voice vote, the Commission moved to approve the Consent Bids And Purchases Over $100,000. 8. Public Hearing A. Proposed Ordinance No. 22-006 - First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off -Street Parking Requirements that address Medical Care or Testing (In-patient), Beverage Manufacturing, Micro -Brewery, Brewpub, Taproom Brewery, and Take Out Restaurant uses. Staff initiated. City Attorney Cherof read Proposed Ordinance 22-006 on First Reading by title only. 23 Page 356 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mike Rumpf, Director of Development, reviewed the summary of changes. He focused on the background and proposed amendments for brewery, micro -brewery, brewpup, and tap -rooms. Mayor Grant asked about brewpup and the ability to take home six-packs. Mr. Rumpf said he'll have to return with that answer but does not believe that would be considered distribution. Mayor Grant asked how many gallons are in a barrel. Mr. Rumpf 1,500 barrels converts to 46,500 gallons. Commissioner Katz asked if they reached out the two breweries for their opinions. Mr. Rumpf replied yes. He said they have been brainstorming ideas for food service for the two existing breweries. Discussion ensued about breweries, special events, and prepared food. Ernest Mignoli, 710 NE 7t" St., Unit 407, spoke in opposition to the ordinance. Motion Vice Mayor Hay moved to approve Proposed Ordinance 22-006. Commissioner Katz seconded the motion. The motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. B. Proposed Ordinance No. 22-007 - First Reading - Approving WXEL request for Future Land Use Map Amendment from Recreation (R) to Office Commercial (OC), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. City Attorney Cherof read both Proposed Ordinances 22-007 and 22-008 on First Reading by title only. Bradley Miller, from Urban Design Studios, is the applicant's representative. He presented on WXEL's land use amendment and rezoning request. Mayor Grant asked if there is a site plan. Mr. Miller said there is not. He noted it is land use and zoning and the expansion falls 24 Page 357 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 below the thresholds for Commission approval. Motion Commissioner Katz moved to approve Ordinance 22-007. Vice Mayor Hay seconded the motion. The motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. Proposed Ordinance No. 22-008 - First Reading - Approving WXEL request for Rezoning from Recreation (REC) to Office Professional (C-1), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. Mayor Grant asked if there is a site plan. Mr. Commissioner Penserga asked about the increase of services. Mr. Miller replied there will be an event space and a domed theater. PBS Executives described the immersive igloo. Ernest Mignoli, 710 NE 7t" St., Unit 407, spoke in support of the ordinance. Motion Commissioner Katz moved to approve Ordinance 22-008. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously (4-0). C. Approve request for New Major Site Plan (NWSP 22-002) for the 1320 S. Federal Highway project to allow construction of a 10,898 square foot commercial structure and associated site improvements, on a 0.51 -acre parcel, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU -1) zoning district. Application Ty Eriks, MH Jackson Holdings, LLC. Approve request for Master Plan Modification (MPMD 22-004) for 1320 S. Federal Highway to amend the previously approved master plan to be consistent with the proposed revisions to the concurrent New Major Site Plan Application, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU -1) zoning district. Applicant: Ty Eriks, MH Jackson Holdings, LLC. 25 Page 358 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mr. Miller presented the property history, the site plan and elevations, the height exception, landscaping plans, and aerials. Commissioner Katz stated that a resident expressed concern to him via email about approval of the height exception. Mr. Miller shared the neighborhood outreach, discussion, and their concerns. He reviewed driveway access and on -street parking and confirmed the applicant added conditions. Mayor Grant asked staff about the rooftop square footage and parking requirements. Mr. Rumpf said it is open air, so it is not included. Vice Mayor Hay asked about site development and construction vehicles. Mr. Miller stated the on-site contractor would be responsible for enforcing. Commissioner Penserga asked Mr. Miller if he spoke to Ms. Snyder about on-site parking. Mr. Miller said they have conversed about parking. Shirley Casa, 650 Snug Harbor Drive, is not opposed to the building height, or gathering area. She expressed concern about parking and Snug Harbor's ability to gate. She is not in support of parking the South side of Riviera Drive. Carey Snyder, 630 Riviera Drive, is not opposed to the building but opposed to some of the nuances involved. She shared the neighborhood concerns. She noted the neighbors would like the access to be as far from the West as possible. They would like to have all impacts of the building. Residents want the request for parallel parking eliminated and contained on site. She reviewed their list of businesses to be restricted in the future. They are not in support of the height exception. They would like the parking and sidewalk eliminated on the South side of Riviera Drive. She requested to submit three (3) documents to the public record. Mayor Grant stated that once they vote on the site plan, they would include the conditions of approval by the applicant. Discussion ensued about vehicle turnaround and parking spaces. Candy Killian, 642 Riviera Drive, expressed concern that the updated presentation was not provided in the packet or on the City's website. Mayor Grant replied that the presentation is the finalized document and part of the public record. 26 Page 359 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Ms. Killian reviewed the issues with the parallel parking. She asked the Commission to table the items. Mayor Grant read a comment from Zane Skinner. He is opposed to the street parking. Andrew Mack, Assistant City Manager Public Services, noted they would erect signage about no overnight parking. They would ticket and tow vehicles if necessary. Gennaro Lobosco, 650 Snug Harbor Drive, is the President of Snug Harbor Gardens Condominium Inc. He is not in favor of parking on the South side. He stated it prevents Snug Harbor from becoming a gated community. Commissioner Penserga asked when Snug Harbor was built. Mr. Lobosco said 1975. Commissioner Penserga said it has been there for fifty years and has never been gated before. Mr. Lobosco stated things have changed and it is easier to sell a property in a gated community. He said the entire property is already gated except for the entrance. Ms. LaVerriere addressed the resident's concern about the backup not matching. She noted anything presented in the public hearing becomes part of the public record. Ted Kozan, 624 Snug Harbor Drive, wants to make two points. The residents are against the on -street parking, and they are against the height exception. Mary Killian, 642 Riviera Drive, said she grew up on Riviera Drive. She spoke in opposition to the parking on Riviera Drive. Mayor Grant read a comment by Aly Skinner, 635 Riviera Drive. She is opposed to the on -street parking on Riviera Drive. Rick Seamore, 631 Riviera Drive, said the consideration should be given to reduce a floor of the building to eliminate the on -street parking. He offered the applicant consider parking next door at Colonial Center. Kim Beaumont is a CPA at Colonial Center. She expressed concerns about the parking. She said there is no extra parking available at the Colonial Center. Vice Mayor Hay asked the minimum number of spaces needed and suggested looking at a variance. Mr. Miller said the number of required spaces is forty-four. 27 Page 360 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Vice Mayor Hay asked staff about a variance on spaces. Mr. Rumpf said they would rather evaluate a potential code amendment rather than looking at a relief option. Discussion ensued about parking and the code. Tom Ward, 650 Riviera Drive, said he is a new resident. He said he thought the parking issues were being addressed by moving the trees. He asked for a vote to not be taken tonight. He asked for time to get their own experts and legal counsel prior to the vote. He noted the No Parking signs on the street are not adhered to. Susan Oyer, 140 SE 27th Way, said they need to resolve the parking issue for the residents. She asked the Commission to table the item. She also stated she was a write- in candidate for Mayor. Crystal Gibson, City Clerk, clarified that there are no write-in candidates for the March 8, 2022, election. Courtlandt McQuire, 506 Whispering Pines, said he attended the community event where the residents expressed their concerns. He said they should reduce the square footage to reduce the parking spaces. Thomas Turkin, 132 SW 2nd Avenue, said this should be tabled for the next Commission to decide. Kathleen Henderson, 654 Riviera Drive, stated she's lived there since 2010. She spoke in opposition to the building size and the parking. Ray Henderson, 654 Riviera Drive, said they should not have parking on the street. Ernest Mignoli, 710 NE 7th St. Unit 407, said his condominiums relate to this project. He said this is an older building with structural problems. He said he spent time at the property for six (6) days and observed a lot of violations in surrounding properties. He said it should go to the new Commission. He spoke on the traffic on S. Federal Highway. Ms. Snyder asked for clarification about street parking and the code. Mayor Grant closed public comments. He asked Mr. Miler if they are willing to remove the one parking space on the South side and to workwith the Building Department and Zoning to reduce parking as needed. Page 361 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mr. Miller said they are willing to remove the one parking space. He stated the on -street parking complies with the City code. He addressed the recommendation to shift the landscaping. He stated he only heard about gated access for Snug Harbor on Friday. He addressed other concerns and does not agree with tabling the item. He asked for approval. Commissioner Penserga commended the residents and Mr. Miller for compromising on many of the issues. He wants a resolution on the parking issue. He recommended tabling the items for two weeks. Motion Commissioner Penserga moved to table NWSP 22-002 and MPMD 22-004 until the March 1, 2022, Commission meeting. Vice Mayor Hay seconded the motion. In voice vote, the motion failed (2-2). Ayes — Commissioner Penserga, Vice Mayor Hay Nays — Commissioner Katz, Mayor Grant Discussion ensued about the project. Motion Commissioner Katz moved to reconsider tabling Item 8C. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Commissioner Katz moved to table items 8C and 8D until the March 1, 2022, Commission meeting. Vice Mayor Hay seconded the motion. The motion passed unanimously. D. Approve request for a Height Exception (HTEX 22-001) for 1320 S. Federal Highway to allow tower elements and architectural features to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU -1 (Mixed Use -1) zoning district. Applicant: TY Eriks MJ Jackson Holdings, LLC. Item 8D is tabled until the March 1, 2022, Commission meeting. E. Proposed Ordinance 22-004 - Second Reading - Approve Mural Ordinance creating a mural standards section in the City's Land Use Regulations. City Attorney Cherof read Proposed Ordinance 22-004 on Second Reading by title only. 29 Page 362 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mr. Weiss noted the section about the Arts District is in the guidelines section and not in the art murals section. He said the murals will be considered later in the resolutions. Ernest Mignoli, 710 NE 7t" St., Unit 407, asked for a summary of the ordinance. Mayor Grant asked Mr. Mignoli to stay on topic. Mr. McQuire supports the ordinance. Motion Commissioner Katz moved to approve Proposed Ordinance 22-004. Vice Mayor Hay seconded the motion. The motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. F. Proposed Ordinance 22-005 - Second Reading - Approve Ordinance Amending Chapter 26 entitled "Water, Sewers and City Utilities," by Amending Article I, entitled "In General," to create §26-6, entitled "Conditions for Utility Service; Penalties," establishing requirements for utility service, penalties for non-compliance, and appeals; amending Article "IV" entitled "Sewers," §26-57, entitled "Connections Required," to amend the time period to connect to sewer; providing for severability, conflicts, codification, and an effective date. City Attorney Cherof read Proposed Ordinance 22-005 on Second Reading by title only. Motion Vice Mayor Hay moved to approve Proposed Ordinance 22-005. Commissioner Katz Seconded the motion. The motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. 9. City Manager's Report A. Approve date change from March 1, 2022 City Commission meeting to a Special City Commission Meeting on March 9, 2022, from 3:00 p.m. to 5:00 p.m., to accept staff ranking of applications to the Notice of Funding Opportunities (NOFOs) for use of the City's American Rescue Plan Act (ARPA) funds, and to award funds based upon application eligibility and proposed programming. gut Page 363 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mayor Grant expressed concern that this is after the election. He asked Commissioner Penserga when he submitted his resignation. City Attorney Cherof said the Florida Constitution requires the Commissioner to hold their seat until a replacement is appointed. Commissioner Penserga said an attorney crafted the language and complies with what the law says, which is Election Day. City Clerk Gibson said the resignation she received from Commissioner Penserga does not include a date. It states that the resignation is effective the earlier of the two dates provided in Section 99.012(3)(d) of the Florida Statutes. Discussion ensued about certifying the election results. Commissioner Penserga said he will comply with whatever the law states. Mayor Grant expressed concern that he heard from some veterans groups that they should not apply. John Durgan, Economic Development Manager, said they did not tell anyone not to apply. Carisse LeJeune, ARPA Project Manager, said that is not true. Motion Vice Mayor Hay moved to approve Item 9A. Commissioner Penserga seconded the motion. In a voice vote, the motion passed unanimously. B. Review enclosed memorandum summarizing staff research and discuss process for potential parks bond. Mayor Grant requested a referendum on the next General Election for the parks and recreation bond. Assistant City Manager Matos, reviewed the research conducted and potential next steps. Mayor Grant asked about the Director of Equity and Inclusion. City Manager LaVerriere said they have engaged a search firm but candidate selection is likely 4-5 months from now. 31 Page 364 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mayor Grant recommended hiring that position before engaging the Trust for Public Land. 10. Unfinished Business A. Proposed Resolution R22-031 - Approve the Boynton Beach Mural Guidelines for Art in Public Places. Motion Vice Mayor Hay moved to approve Proposed Resolution R22-031. Commissioner Penserga seconded the motion. The motion passed unanimously. Mr. Weiss said the guidelines were last passed in 2006 and have not been amended since that time. He reviewed the mural initiatives. B. Continue discussion about creation of a Citizen's Engagement Committee for the Police Department. Mayor Grant said he spoke with Ray Whitely this morning about the item. Mr. Whitely asked to continue the conversation and requested that it be task force. Chief Gregory reviewed the presentation on the Community Engagement Committee. He outlined the different models of civilian oversight. In Florida, the Investigation -Focus model is restricted and does generally apply. He reviewed the key elements of ordinances in Florida. Discussion ensued about the roles and responsibilities of citizens on the committee. Commissioner Katz asked if these committees are involved in active investigations or whether they are reviewing conclusions. Chief Gregory replied that some municipalities does allow the input of the panels during the investigation but that is not the case in Florida. Mayor Grant recommended further discussion about the City's youth and the Police Department. Chief Gregory agreed with the recommended and suggested a different committee for that initiative. Chief Gregory reviewed the Board/Committee size and appointment standards. 32 Page 365 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Mayor Grant suggested considering a business owner who operates in the City but does not necessarily reside in the City. He recommended having alternate positions is important as well. Chief Gregory reviewed the member qualifications and member restrictions. He clarified the final bullet point about having no complaints on police officer in a period of time. Mayor Grant recommended a year. Chief Gregory recommended a two-year time period from a complaint resolution. No additional comments from the Commission so Mayor Grant prevailed with his recommendation of one year. Consensus was reached the board should be comprised of seven (7) from the elected officials, one (1) student and one (1) student alternate, and then two (2) additional alternates. The five (5) appointed from the Commission can be from any area, not specific to their Districts. Chief Gregory reviewed the meeting organization and frequency. Mayor Grant prefers video recording but not live streamed. The video would be published following the meeting. He recommended quarterly meeting. Commissioner Katz asked about scheduling a special meeting or workshop. City Attorney Cherof said boards cannot establish special meetings, only the Commission can schedule them. Chief Gregory reviewed the deliverables. Mayor Grant suggested the minutes should be delivered quarterly and any fact-finding or recommendations should be included in the minutes. He recommended a semi-annual report in January. Consensus was reached to move to calendar years for crime statistic reporting. 11. New Business A. Proposed Resolution No. R22-032 - Adopt the 2021 Affordable Housing Advisory Committee Housing Incentives Report. The committee will meet annually and review the SHIP incentives. Mayor Grant had a concern about the recommendation about the sliding scale permit fee reduction on affordable housing projects. 33 Page 366 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 Discussion ensued about the recommendations and affordable housing. Mayor Grant said he would wait on two of the recommendations. He needs more information on the sliding scale permit fee reduction and the mandatory inclusion of affordable housing on a project consisting of ten or more units. Mr. Mignoli said housing development in the City is politically charged. He suggested renovating dilapidated houses for affordable housing. He spoke in opposition to high rises. Motion Vice Mayor Hay moved to approve Proposed Resolution R22-032, as amended, with two items to come back to the City Commission at a future date. Commissioner Penserga seconded the motion. The motion passed unanimously. 12. Legal A. Proposed Ordinance No. 22-009 - First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 2, Article II, Section 2. Standard Applications to revise review criteria for future land use map amendments and rezonings. City Attorney Cherof read Proposed Ordinance 22-009 on First Reading by title only. Mr. Rumpf said it is a cleanup of the ordinance. Motion Vice Mayor Hay moved to approve Proposed Ordinance 22-009. Commissioner Penserga seconded the motion. The motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. B. Proposed Ordinance No. 22-010 - 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 18-169, requirements for retirement benefit amounts, providing for conflict, providing for severability; and, providing for an effective date hereof. Page 367 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 City Attorney Cherof read Proposed Ordinance 22-010 on First Reading by title only. Motion Commissioner Katz moved to approve Proposed Ordinance 22-010. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. C. Mayor Grant requested a public update from the City Attorney on the JKM lawsuit. Mayor Grant requested to move Item 12C to Announcements at the March 1, 2022 meeting. Consensus was reached to move the item. Mayor Grant would like to pursue the recommendation from Reverend Masters to reach out to a Federal Agency for assistance with what is going on in the City. Commissioner Katz does not support the recommendation. Vice Mayor Hay does not support the recommendation. 13. Future Agenda Items A. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - March 1, 2022 B. Request approval for ARPA Partnership Agreements with FAU Tech Runway and local Elementary Schools. - March 1, 2022 C. Award Recommendation from Historic Resources Preservation Board and Commission discussion on options for recognizing Latosha Clemons. - March 1, 2022 D. Presentation of redistricting alternatives by Florida Atlantic University (FAU) and establishment of boundaries for inclusion in Ordinance. March 1, 2022. E. Staff to provide research for discussion requested by Commissioner Penserga regarding dash cams on police vehicles. - March 1, 2022 F. School Board Member Erica Whitfield to present the 2021-2022 School Year State of Education Report to the City Commission. - March 15, 2022 Page 368 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 G. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD H. Proposed Ordinance No. 21-025 First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) — TBD I. Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) Discuss the next steps for implementation of City Ordinance No. 21-012 prohibiting the use and distribution of polystyrene foam ("Styrofoam") food ware, unencapsulated polystyrene foam products, balloons, and confetti on City property. - TBD 14. Adjournment There being no further business to discuss, the meeting was adjourned at 1:13 A.M. we CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina Romelus Page 369 of 1515 Meeting Minutes City Commission Boynton Beach, FL February 15, 2022 ATTEST: Crystal Gibson, MMC City Clerk Tammy L. Stanzione Deputy City Clerk 37 Page 370 of 1515 7.A. Requested Action by Commission: Award the purchase of Extreme Networks switches, licensing, and maintenance from STEPcg of Covington, KY in the amount of $147,471.97, utilizing the State of Florida Alternate Contract Source Number 43220000- NASPO-19-ACS for the purchase of networking equipment for multiple City buildings. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. Explanation of Request: Contract Period: October 01, 2019 — September 30, 2024 The City is currently using network infrastructure that is over 10 years old and end -of -life, and is unable to provide the level of reliability, efficiency and security that the network equipment in newer buildings such as City Hall, Cultural and Arts Center, and Fire Station #1 provide. The I.T.S. Department will be replacing network equipment in the following City facilities: Cemetery, Denson Pool, Fire Station #2, Fire Station #3, Fire Station #4, Fire Station #5, Hester Center, Children's Schoolhouse Museum, IntraCoastal Park, Ocean Front Park, Public Works — Administration, Public Works — Facilities, Public Works — Fleet, Public Works — Parks, Senior Center, Carolyn Sims Center, Sims Park, Tennis Center, and The Links Golf Course. The new Extreme Networks equipment will allow the City to install Extreme Networks automated campus network providing secure access via both wired and wireless options for residents, employees, and vendors. How will this affect city programs or services? The Extreme Networks Automated Campus enterprise network switches will provide enhanced reliability, efficiency, and security. Reliability — The Extreme Networks Automated Campus enterprise system is designed with redundant connections to the City datacenter and Internet. Efficiency — The Extreme Networks Automated Campus enterprise system will provide efficiencies to the City of Boynton Beach employees, vendors and citizens via both wired and wireless connections. Security — The Extreme Networks Automated Campus enterprise system is equipped with an identity access management engine that works in conjunction with the City's network switches and access points to secure employee, vendor, and citizen access. Fiscal Impact: Funding was approved and is available in account number 303-4101-580.64-15 for fiscal year 2021/2022 in the amount of $147,471.97. Alternatives: The City could issue its own bid request. Strategic Plan: Building Wealth in the Community, High Performing Organization Page 371 of 1515 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: This agenda item has a net -zero impact on the climate. Is this a grant? Grant Amount: Attachments: Description S T1C::.IC.::Icg QL.aiOtE) NR3230 l:::: xtir'E)rTIE) INE)t rorlk I astE)lr glr'E)E)rTIEslr:t NSIPO Stafas Of Il:::: lloirida Ii: MS IFla irticilpa tilr g Add E)ind Ulrn NSIP f w: LArnrnalry IFlrliCE) II.....liSt f: L.aiOtEt ,d IFlrliCE) VS C0111flra ct IFlrliCE) V'yorllcsh E)E)t NSIP f I.....list Page 372 of 1515 Type D QL.aiOtE)s D ddE)indUlirn D f fflh E)ir D f fflh E)ir D f fflh E)i Description S T1C::.IC.::Icg QL.aiOtE) NR3230 l:::: xtir'E)rTIE) INE)t rorlk I astE)lr glr'E)E)rTIEslr:t NSIPO Stafas Of Il:::: lloirida Ii: MS IFla irticilpa tilr g Add E)ind Ulrn NSIP f w: LArnrnalry IFlrliCE) II.....liSt f: L.aiOtEt ,d IFlrliCE) VS C0111flra ct IFlrliCE) V'yorllcsh E)E)t NSIP f I.....list Page 372 of 1515 STA".."m P C G BILL TO: City of Boynton Beach 100 E ocean avenue Boynton Beach, Fl 33435 STEP CG, LLC 50 E. Rivercenter Bldg, Suite 900 Covington, KY 41011 SHIP TO: City of Boynton Beach 100 E ocean avenue Boynton Beach, FL 33435 Quote Quote Date: Feb 1, 2022 Valid Till: Mar 5, 2022 Quote Number: Q-17926 ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Contact Name:Charles Stevens Quote Stage:Delivered S.No. Product Details 1. Extreme 5420F-24P-4XE 5420F 24port PoE+ Switch 2. Extreme 97004-5420E-24P-4XE EW NBD AHR 5420F-24P-4XE 3. Extreme XN-ACPWR-60OW 60OW AC Power Supply 4. Extreme 10099 Power Cord 15A USA NEMA 5-15 IEC320-C15 5. Extreme 5420F-48P-4XE 5420F 48port PoE+ Switch 6. Extreme 97004-5420F-48P-4XE EW NBD AHR 5420F-48P-4XE 7. Extreme XN-ACPWR-920W 920W AC Power Supply 8. Extreme 10304 1m SFP+ Cable Qty List Price Discount Total 16 $ 6,042.00 $ 48,336.00 $ 48,336.00 16 $ 261.00 $ 542.88 $ 3,633.12 16 $ 1,114.00 $ 8,912.00 $ 8,912.00 62 $ 29.00 $ 899.00 $ 899.00 15 $ 9,290.00 $ 69,675.00 $ 69,675.00 15 $ 407.00 $ 793.65 $ 5,311.35 15 $1,361.00 $10,207.50 $ 10,207.50 6 $ 166.00 $ 498.00 $ 498.00 Sub Total $147,471.97 Tax $ 0.00 Grand Total $147,471.97 111111-rilllll5 � lld 1-'ilftttdifilllttrs NOTICE: Due to the ongoing supply chain shortage, your order may be delayed due to availability. All orders placed will normally ship when entire order is in -stock, instead of partial shipments as inventory becomes available. If you chose to allow partial shipments and invoicing, your order will ship and invoice as supply becomes available and may speed up the total order fulfillment. If you would like to have your order partially shipped, please notify your sales rep for an authorization form. 43220000-Naspo-19-ACS Page 373 of 1515 DocuSign Envelope ID: 4A7E8174-EA62-47CF-821A-9A608A50D62A xoo r Contract #; AR3230 -� rrATE OF UTAH COOPERATIVE CONTRACT r 1, CONTRACTING, PARTIES: This contract is between the Utah Division of Purchasing and the following Contractor: Extreme Networks, Inc. Name 6480 Via Del Oro StreetAddress ___.._............_.....__...............__................... __...__............-_......--___....____......___--___.._......__--___--..._...___...._..___... .......___ San Jose California 95119 6_6T ty Zip Vendor # VC0000100495 Commoditv�Code #,:„ 920-05 I"f-(:`o itracto r For -Profit Corporation ContactName: Michael Swierk Phone Number: 603-642-7856 Email: mswierk jextremenetworks.com ,....-.�........ 2. CONTRACT PORTFOLIO NAME: Data Communications Products and Services. 3. GENERAL PURPOSE OF CONTRACT: Provide Data C,ommunlCauLiu� I''it��luc,t sctd wa a_al,a c, Iaaq. the i vw str� (, lt�rt,Ar,Iraiw3rtl a,ea, Attachment IIT — 4. PROCUREMENT. This contract Is entered into as a result of the hru,;c>� ucni,u sit pj"pcess on F 2011 Solicitzaionk SIS 1.8001 5. CONTRACT PERIOD: Effective Date "Lt csdat'Ic'tohgr (11� 21,N 1i't. Termination Date: G¢sp a4,3r �trttlae� 30, 2024 unless terminated early or extended in accordance with the terms and conditions of this contract II;etly t1IT 1ltiebns, Two (2) one year renewal options. 6. Administrative Fee (if any): Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) of contract sales no later than 60 days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on sales of the Services 7. Prompt Payment Discount Details (if any): N/A. 8. ATTACHMENT A: NASPO ValuePoint Master Terms and Conditions ATTACHMENT : Scope Awarded to Contractor ATTACHMBNT C: Pricing Discounts and Value Added Services ATTACHMENT D: Extreme Networks Product Warranty, End User License Agreement, Professional Services Terms and Conditions, Terms of Support, Extreme Networks Lease Agreement, Extreme Networks Subscription Renewal Agreement With Title, Extreme Networks Subscription Renewal Agreement without Title Any conflicts between Attachment A and the other Attachments will be resolved in favor of Attachment A. 9. DOCUMENTS INCORPORATED INTO THIS CONTRACT Bt' REFERENCE, 131 JT NOT ATTACHED: a. All other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract. b. Utah Procurement Code, Procurement Rules, and Contractor's response to solicitation # SIC18001. 10. Each signatory below represents that he or she has the requisite authority to enter into this contract. IN WITNESS WHEREOF, the parties sign and cause this contract to be executed. Notwithstanding verbal or other representations by the parties, the "Effective Date" of this Contract shall be the date provided within Section 5 above. CONTRACTOR DIVS N OF PURCHASING ocuigned by: October s,2019 2:39:15 Ann PDrmmITmm mm Oct 3, 2019 ..... L7 Contractor's signature Date Director, Division of Purchasing Date CRSO ................................................................................................................... Type or Print Name and 'Title Internal Contract Tracking #: AR 1470 Solicitation #: SK l 8001 Vendor #: VC0000100495 Page 374 of 1515 Note: sections negotiated 2, 13, 14, 16, 18, 19, 20, 23, 26, 30, 34, 36, and 39. NASPO Va I e �i [It Attachment A: NASPO ValuePoint Master Agreement Terms and Conditions 1. Master Agreement Order of Precedence a. Any Order placed under this Master Agreement shall consist of the following documents: (1) A Participating Entity's Participating Addendum ("PA"); (2) NASPO ValuePoint Master Agreement Terms & Conditions; (3) A Purchase Order issued against the Master Agreement, including a Service Level Agreement; (4) The Solicitation; and (5) Contractor's response to the Solicitation, as revised (if permitted) and accepted by the Lead State. b. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. 2. Definitions - Unless otherwise provided in this Master Agreement, capitalized terms will have the meanings given to those terms in this Section. Acceptance is defined by the applicable commercial code, except Acceptance shall not occur before the completion of delivery in accordance with the Order, installation if required, and a reasonable time for inspection of the Product. Contractor means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement. Data means all information, whether in oral or written (including electronic) form, created by or in any way originating with a Participating Entity or Purchasing Entity, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with a Participating Entity or Purchasing Entity, in the course of using and configuring the Services provided under this Agreement. Data Breach means any actual or reasonably suspected non -authorized access to or acquisition of computerized Non -Public Data or Personal Data that compromises the security, confidentiality, or integrity of the Non -Public Data or Personal Data, or the ability of Purchasing Entity to access the Non -Public Data or Personal Data. Disabling Code means computer instructions or programs, subroutines, code, instructions, data or functions, (including but not limited to viruses, worms, date bombs or time bombs), including but not limited to other programs, data storage, computer libraries and programs that self -replicate without Attachment A: Page 1 of 30 Page 375 of 1515 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 376 of 1515 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 377 of 1515 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 378 of 1515 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 379 of 1515 7. NASPO ValuePoint Summary and Detailed Usage Reports In addition to other reports that may be required by this solicitation, the Contractor shall provide the following NASPO ValuePoint reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http-.//calculator.nas ovalue oint.org. Any/all sales made under this Master Agreement shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than thirty (30) days following the end of the calendar quarter (as specified in the reporting tool). b. Detailed Sales Data. Contractor shall also report detailed sales data by: (1) state; (2) entity/customer type, e.g. local government, higher education, K12, non-profit; (3) Purchasing Entity name; (4) Purchasing Entity bill -to and ship -to locations; (4) Purchasing Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, determined by industry practices); (6) Purchase Order date; (7) Ship Date; (8) and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal, email, CD-ROM, flash drive or other method as determined by the Lead State and NASPO ValuePoint. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in shown in Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the solicitation and the Participating Addendum. Report data for employees should be limited to ONLY the state and entity they are participating under the authority of (state and agency, city, county, school district, etc.) and the amount of sales. No personal identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier, may be submitted with any report. d. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with and any Participating Addendum roll out or implementation activities and issues. NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter. e. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 8. NASPO ValuePoint Cooperative Program Marketing, Training, and Performance Review a. Contractor agrees to work cooperatively with NASPO ValuePoint personnel. Contractor agrees to present plans to NASPO ValuePoint for the education of Contractor's contract administrator(s) and Attachment A: Page 6 of 30 Page 380 of 1515 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 381 of 1515 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 382 of 1515 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 383 of 1515 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 384 of 1515 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 385 of 1515 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 386 of 1515 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 387 of 1515 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 388 of 1515 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 389 of 1515 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 390 of 1515 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 391 of 1515 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 392 of 1515 (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 393 of 1515 (5) THIS SECTION (b) STATES THE ENTIRE OBLIGATION OF CONTRACTOR AND ITS SUPPLIERS, AND THE EXCLUSIVE REMEDY OF THE PURCHASING ENTITY, IN RESPECT OF ANY INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS. THIS INDEMNITY OBLIGATION AND REMEDY ARE GIVEN TO PURCHASER SOLELY FOR ITS BENEFIT AND IN LIEU OF, AND CONTRACTOR DISCLAIMS, ALL WARRANTIES, CONDITIONS, AND OTHER TERMS OF NON -INFRINGEMENT WITH RESPECT TO ANY PRODUCT. Limitation of Liability. Except for those obligations under Intellectual Property Infringement, General Indemnity, notwithstanding anything else herein, all liability of Contractor and its suppliers to any P u r c h a s i n g E n t i t y o r Participating Entity for claims arising under this Master Agreement, or otherwise shall be limited to Three Million Dollars ($3,000,000). This limitation of liability is cumulative and not per incident. Waiver of Consequential and Other Damages. In no event shall Contractor or its suppliers be liable for any incidental, special, indirect, or consequential damages, or lost or damaged data (except for a loss of Purchasing Entity data caused by Contractor's negligence), arising in tort (including negligence), or otherwise, even if Contractor or its suppliers have been informed of the possibility thereof. 40. No Waiver of Sovereign Immunity In no event shall this Master Agreement, any Participating Addendum or any contract or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. This section applies to a claim brought against the Participating Entities who are states only to the extent Congress has appropriately abrogated the state's sovereign immunity and is not consent by the state to be sued in federal court. This section is also not a waiver by the state of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 41. Governing Law and Venue a. The procurement, evaluation, and award of the Master Agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of the Master Agreement after award shall be governed by the law of the state serving as Lead State. The construction and effect of any Participating Addendum or Order against the Master Agreement shall be governed by and construed in accordance with the laws of the Participating Entity's or Purchasing Entity's State. b. Unless otherwise specified in the RFP, the venue for any protest, claim, dispute or action relating to the procurement, evaluation, and award is in the Lead State. Venue for any claim, dispute or action concerning the terms of the Master Agreement shall be in the state serving as Lead State. Venue for any claim, dispute, or action concerning any Order placed against the Master Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity's State. c. If a claim is brought in a federal forum, then it must be brought and adjudicated solely and Attachment A: Page 20 of 30 Page 394 of 1515 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 395 of 1515 a. Reserved. eMarket Center Appendix Exhibit 1- Contractor's Warranty Terms -follow this page Attachment A: Page 22 of 30 Page 396 of 1515 Exhibit 1 Contractor Product Warranty Terms THIS WARRANTY IS GIVEN TO THE ORIGINAL PURCHASING END USER AND IS APPLICABLE ONLY TO PRODUCTS AND LICENSED MATERIALS AS LISTED HEREIN AND SOLD OR DISTRIBUTED TO SUCH END USER BY EXTREME NETWORKS, INC. (INCLUDING EXTREME NETWORKS IRELAND LIMITED, A WHOLLY OWNED SUBSIDIARY, COLLECTIVELY "EXTREME") OR AN AUTHORIZED EXTREME CHANNEL PARTNER.PRODUCT REGISTRATION WITHIN 30 DAYS AFTER PURCHASE IS REQUIRED TO VALIDATE PRODUCT WARRANTY TO ENSURE FULL AVAILABILITY OF SERVICES ELIGIBILITY. FAILURE TO DO SO MAY RESULT IN DELAYS IN RECEIVING WARRANTY SUPPORT. Table 1 — Extreme Product Warrantv Summary of Entitlements Duration of Global On -Line Warrant Warranty Technical Support Software/Firmware Hardware Warranty "Warranty Assistance Portal Availability Replacement' Period" Center* 1 Year Warranty 5 Year Warranty One Year One Year One Year Five Years Five Years Limited Lifetime Product Warranty — 10 Lifetime Business Day Ship Product Lifetime 90 Days — Defective Software Media Replacement Two years for Base Operational Five Software Years Updates Product Lifetime for Base Operational Product Software Updates and Upgrades4 Lifetime One Year for Advanced Software License Updates4 Return and Replace — Hardware shipped within 10 business days of receipt of defective asset Return and Replace — Hardware shipped within 10 business days of receipt of defective asset Advanced exchange replacement hardware is shipped within 10 business days ntUaI c14r1kwry tiln4rr l'nay vary c14rlpencHng on .!�Jpecfflc land l Ne I, Iocation 1a,, e Operational software a„ c1e nrrcl by Extreme LrrrloLnr. ' "RAUCt L1f49.'CII"1'Ye N alfLII't"ltl': r C14'.Nned and i".ti; nc ltlti"kl"Y4': d by Extreme L)f':=.Iti;1w 'l I:FCIa'Ceand G..Ijpg zbC14=.."iii al'0 al" fUl-th0l' Ci0SII"Y4': d by I'xtr4'.IT4tl':=. 1)0I04fv(,. C..CI\fi9bl"Yced "woft4fv(dplre L.Jcen �e and ..CI\farYi"ed "w;"kft4fv(dplre Lli".i:=.I"Y" 0 G..I.' dat0l" al'0 al" fLII't"ler C14'.Nni': d by Extreme :?ti':=.Iti;14fv(,. Attachment A: Page 23 of 30 Page 397 of 1515 Limited Lifetime Product Lifetime Advanced exchange Warranty With Product Product for Product replacement hardware Express Base Operational shipped next business Advanced Lifetime Lifetime Lifetime Software day from RMA approval Hardware Updates2 time Replacement' Limited One year for Return and Replace — Lifetime Base Operational Hardware shipped Warranty 15 Product Product Product Software Updates within 15 business Day Return To Lifetime Lifetime Lifetime days of receipt of Factory Ship defective asset Limited Product Lifetime Lifetime for Advanced exchange Warranty With Base Operational replacement hardware Express Product Product Product Software Updates shipped next business Advanced Lifetime Lifetime Lifetime and Upgrades day from RMA approval Hardware time Replacement -2 Software Warranty3 90 Das 90 Das y y 90 Das 90 Das y y N/A Return and Replace — 1 Month 1 Month for Hardware shipped Warranty Hardware 90 Days 1 Month N/A within 10 business (WING) days of receipt of defective asset Return and Replace — 3 Month Hardware shipped Warranty 3 Months 90 Days 3 Months N/A within 10 business (WiNG)$ days of receipt of defective asset 1 Year 90 Days — Return and Replace — Defective software Hardware shipped Warranty One Year 90 Days 1 Year media within 10 business (WiNG)8, replacement days of receipt of 10 defective asset t..Ci\fi9ll"Yced 4':?xch II" ge I'a' pldpi"4'I'ria: nt "119I1'Ci4fe!are Cia: h v4'.Ired I"Ytl':=.Xt XI"iiJl"'Y4'Y" day f"I"ti"klrn R`vlA approval tII"1' e for A2, L:321C2, 133/(' i, G-!� JMNAUCVi II"Y North America, \vlV4'."�til'Irn EUI'i 10e and ALII�tl`zlha olnly. Advance Hardware Replacement al" fUI'tIl0I' ClON"Y4 d SII I"d Col"'ICflti "kl"Y4': d by EXt1`e1-n e..)t:=.1ti;14fv(,. "wLI "�(i9lll"YII"Y�k/�FLI i!III"Y'C 4'. "'Y i9I "'Y ti"4'. LI :k CIatO R l4'.dp"ii�e. a," C14'.ffined by 1,xtI'4'.IT4tl':=. .)t:=.lti;kifv(,. 7Ii , aroeai i anLy "') II)I)IICaIhIC' Lir Che, N/I AN and AI SI' Iri wfiwL, acylk I'd h i)III /e'kn a LC'dhmfln{,ie-, by I:::Al e'iaie, INC,Mni b , I'i7vi uin , Il)i nvIded Andel Uu, I Al I'll C, \A/,Il i Il ty ere, n) 1) U 1)11, Un i) I)C, /e,ln a vN,�I I anLy Il)1 )v 1') 1)" in 1)1,Ice a LIe^ tiIII e, i)l Che^ IcgIAI JUnan, Attachment A: Page 24 of 30 Page 398 of 1515 Limited 90 Days — Lifetime Product Product Defective software Warranty$ Lifetime 90 Days Lifetime media (WING) replacement Limited Product Lifetime Lifetime for Warranty with Base Operational Express Product Product Product Software Updates Advanced Lifetime Lifetime9 Lifetime and Upgrades Hardware Replacement - B12 Return and Replace — Hardware shipped within 10 business days of receipt of defective asset Advanced exchange replacement hardware shipped next business day from RMA approval time AM to 5II: II (Mon t II:),li ) IloII II: nd User's tlrne Product (Limited) Warranty Hardware Product Warranty Subject to the limitations and conditions set forth herein, Extreme warrants to the original purchasing End User that each unit of Extreme hardware products ("Hardware Products" or "Products") will be free from defects in material and workmanship under normal use consistent with Extreme's published written specifications for the Product at the time of shipment. Warranty Period is for the duration specified in Table 1 — Product Warranty, beginning from the date of shipment. Breach of warranty will be enforceable against Extreme only if written notice of such breach is received by Extreme within the applicable Warranty Period. Software Product Warranty Subject to the limitations and conditions set forth herein, Extreme warrants that commencing on the Warranty Start Date and continuing for a period of ninety (90) days: (a) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use and (b) the Software substantially conforms to the documentation. Except for the foregoing limited warranty, the Software is provided "AS IS". This limited warranty extends only to the Software purchased from an approved source by an End User who is the first registered end user. End User's sole and exclusive remedy and the entire liability of Extreme and its suppliers under this limited warranty will be (i) replacement of the defective media and/or (ii) at Extreme's sole option, repair or replacement of the Software subject to the condition that any error or defect constituting a breach of this limited warranty is reported to Extreme within the warranty period. In no event does Extreme warrant that the Software is error free or that End User will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Extreme does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack. Remedies — In the event of a failure of any Product to comply with the foregoing warranty during the applicable warranty period, Extreme shall, at its sole option, repair or replace the Product (which may include a workaround) or refund the fees paid for such Product following ( nhal3e chnIcal ".a.alym L IlnMded via: Tele phnne, 0iflii c, iupinn L I'intal Ind eimdl lin Iii ,L 1.? iImnUh." (tI )III Wal I anLySMI t [.: ac,), Unllne [,ialrltt7i't I'm 't U Ind email Illrinm'ttni IC'maIndei irl Wal I alfty Pei Ind III ndIAU I HeUme frn N/I ANI),1.00 III wIlAU" " i YC"Il lnr ,L end 7l "ilei date Attachment A: Page 25 of 30 Page 399 of 1515 return of such Product. The foregoing sets forth Customer's sole and exclusive remedies for breach of warranty. To ensure timely receipt of Product Warranty entitlements as described herein, end-user customer must register your Extreme products Product registration is required within 30 days after purchase to validate product warranty. Failure to do so may result in delays in receiving warranty support. Product warranty registration is available at: ifrG.li..ff.r�t.r�.11.r�. .?4�kua..�s�1ll1.�iiaf��a.�.,l�.�.li..�d,�lfG��d,�� To determine the applicable warranty for a particular product please reference the Product Warranty Table in Exhibit 8. Definitions Used in This Policy Documentation — Extreme supplied or published thencurrent technical documentation describing the features and functions of the associated Products. Warranty Start Date — Used in this policy is from the date of shipment of the Product from Extreme, or in the case of resale by an Extreme authorized reseller, commencing not more than 90 days after shipment by Extreme. Warranty Duration — Product Lifetime — Except where otherwise defined, a period of time commencing on the Warranty Start Date from Extreme (see below) and ending on five years from the Product's announced end -of -sale date in accordance with Extreme's End of Life policy (attached as Exhibit 3). For purposes of further clarity, end -of -sale dates are defined in the Extreme End of Life Policy. Extreme Wireless Controllers Product Lifetime warranty duration is one year from the Product's end -of sale date. Base Operational Software — Embedded software that is required to operate an Extreme -branded network device and is offered for sale as an inclusive component of such hardware network device product as further described in Extreme's published price list applicable to such hardware product ("Covered Product"). Feature Packs and Advanced Software Licenses — Defined as software enabled pursuant to authorized use of an Extreme - issued license key that enables certain optional embedded software features in an Extreme Networks network device and is offered for sale as an optional component of such hardware network device product as further described in Extreme Networks' published price list applicable to such hardware product ("Covered Product"). Advanced Software License Updates — Minor releases of Advanced Software Licenses that are optional embedded software features of Covered Products. Application Software — Defined as software that is not required to operate a network device, such as management software or other standalone software. It is not an enhancement to the Base Operational Software and may reside on another network device. Upgrade and Update Software / Firmware Release Schema — A.B.C. Y A = Major Release Number. Major software releases are upgrades. • B = Minor/ Sustaining Release Number. Minor / Sustaining releases are updates. • C = Maintenance / Sustaining Release Number. Maintenance / Sustaining releases are updates. Extreme Product Warranty Entitlements Global Technical Assistance Center — Customer is entitled as part of this warranty to Attachment A: Page 26 of 30 Page 400 of 1515 utilize Extreme warranty support line via email, Web form or telephone available from 8 AM to 5 PM (Monday to Friday) local End User's time for basic hardware and operational software troubleshooting assistance in connection with warranty claims, including RMA's (excluding installation, configuration and general networking troubleshooting). On -Line Support Portal — Customer shall also have access to Extreme Customer Support Website by registering the Product and/or FRU at 1,9t.V...ff�r� r��r�r a,r�airaakiar�r�rd, ll� � d,ii�/ which may include, but is not limited to: (i) information about status and/or review of known hardware and/or software issues/problems, (ii) access to technical documentation, (iii) the ability to log a case, (iv) information about the status of outstanding RMAs. Base Operational Software — Updates and Upgrades — Customer is entitled to receive any Base Operational Software or Base Operational Software upgrades/updates that Extreme may develop and generally release on Covered Products. Base Operational Software: Updates — Customer is entitled to receive any Base Operational Software updates (i.e., sustaining and/or maintenance releases) that Extreme may develop and generally release on Covered Products. Hardware Replacement: Advanced Exchange Next Business Day Ship — Extreme Networks must process the RMA relating to the defective product per the Advanced Exchange Warranty RMA Times section of the Extreme Networks Service Availability Matrix, Monday through Friday, in order to ship the replacement product to your site, by the end of day of the Next Business Day. Otherwise Second Business Day shipment will be provided for RMA's processed after the time indicated. Extreme will use all commercially reasonable efforts to pick pack and ship the hardware replacement using a commercial delivery service to customers' site. The replacement part will be shipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery from an Extreme regional parts depot to the customer delivery site. Variation in business delivery days is possible depending on country of destination or geographical location with the country or other factors. Extreme pays for the return freight of products from Customer to Extreme, including any applicable taxes, duties and custom fees to country of shipment destination. Any government or Brokers fees associated with the return of products from Customer to Extreme in the country of origin is Customers responsibility. Customer must be the Exporter of Record for all product returns to Extreme. Extreme pays the freight of the unit shipped to customer, excluding any applicable taxes, duties and custom fees in Customers destination country. Extreme will not be the importer of record on any shipments to Customer. Customer is responsible for returning the defective Product to an Extreme -authorized return facility. In the event that you fail to return the defective Product within ten (10) business days of receipt of the replacement FRU, Extreme reserves the right to require customer to pay the full, or portion of the, List Price of the FRU or product component. Extreme will send an invoice to customer that will reflect the amount to be paid. Hardware Replacement: Return and Replace — Extreme will make commercially reasonable efforts, at its expense, to see the shipping of a repaired or replacement FRU (feature, function Attachment A: Page 27 of 30 Page 401 of 1515 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 402 of 1515 Extreme authorized reseller or channel partner, commencing not more than 90 days after shipment by Extreme), Extreme will provide Advanced Hardware Replacement of affected field replaceable unit (FRU) of Hardware Products that fail to operate within 24 hours of initial installation. For purposes of this DOA policy, "fail to operate" shall mean a material failure to substantially perform in accordance with the Hardware Products' published Documentation. Warranty Duration: Integrated Component Coverage — For certain product families some Integrated Components, such as power supplies, fans, and cables, may have their own separate warranty duration which may be different than the product it is embedded in. For a listing, reference Table 2 — Integrated Component Coverage below. I X X,11) �I Ited IAnd, �nL I'irweI SIA1)1)11C ,ire included In Ll C' Mro I I'nnLy CHVC`I'4;c' lin Lhe' A, end C Sc,I IC", I'ted ianvi, tnC Pimc,I SIAIlrply (ihIC"; tI),i IC, ,I)II)Iwd \NILI) IX: C,I I), l uedundanL IImNeiSup I)lIC al C, nwel ed Andel U e Rediand ant I'mNei [iupply Wal I al ty Table 2 — Integrated Components Coverage The following components that are integrated within a product may have separate warranty provisions: Product Fans Power Supplies' Family I -Series N/A 3 Years 7100G 5 Years 5 Years Appliance Products and Products Sold Within a Bundle — For products that are sold in a "bundled" manner noted as either a Bundle or as an Appliance in further defined in Extreme's published price list, the warranty provision provided is per each individual Product Part Number that comprises the bundle, unless otherwise noted in the price list. Warranty Assumptions Extreme is not responsible for any delays related to export or customs regulations or processes, in the event of force majeure, or due to transportation issues. Actual delivery times may vary depending on specific customer location. Replacement Products will be warranted for the remaining warranty period of the original Products that were replaced, and may be new or refurbished products. If a warranty claim is invalid for any reason and Extreme agrees to repair the returned Product even though it is not under warranty, Extreme reserves the right to charge for services performed and expenses incurred by Extreme in repairing, handling and shipping the returned Product. Expendable parts, such as fuses, lamps, filters, and other parts that are regularly replaced due to normal use are excluded from this limited Product Warranty. Attachment A: Page 29 of 30 Page 403 of 1515 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 404 of 1515 Attachment B — Scope Awarded to Contractor I. Data Communications Award Categories The scope for this contract is as provided below. Contractor may offer products (i.e. white box, artificial intelligence, etc.) and services within the Categories it received an award in. Each category also allows for Internet of Things (IoT) products. These products must be an IoT product that can be deployed within, upon, or integrated into a government agency's physical asset to address government line of business needs. Proposals are expected to include IoT products designed to support common government lines of business in specific subcategories i.e. routers, switches, end points, etc. IoT products can only be provided in categories that the vendor is awarded in and can include endpoints that support items in that category. Category 1.2: NETWORKING 1.2.1 Network Application Services. Application networking solutions and technologies that enable the successful and secure delivery of applications to local, remote, and branch -office users using technology to accelerate, secure, and increase availability of both application traffic and computing resources. 1.2.1.1 Virtualized Load Balancers — Virtual devices that act like a reverse proxy to distribute network and/or application traffic across multiple servers to improve the concurrent user capacity and overall reliability of applications. Capabilities should include: • SSL (Secure Sockets Layer) Off-loading • Caching capabilities • Layer 4 Load Balancing • Layer 7 Load Balancing • Detailed Reporting • Supports multiple load balancers in the same system for multiple groups • Supports TLS1.2 1.2.1.2 WAN Optimization — An appliance utilizing a collection of techniques for increasing data -transfer efficiencies across wide -area networks (WAN). Capabilities should include: • CIFS (Common Internet File System) acceleration • Data Compression • SSL encryption/decryption for acceleration (Optional) • Layer 4-7 visibility • Application Specific optimization • Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages). 1.2.2 Networking Software. Software that runs on a server, or within the Cloud, and enables the server to manage data, users, groups, security, applications, and other networking functions. The network operating system is designed to allow Page 1 of 11 Attachment B Page 405 of 1515 transfer of data among multiple computers in a network, typically a local area network (LAN), a private network or to other networks. Networking software capabilities should include: • Restartable Process • High availability options • Targeted operating systems, i.e. DC, campus, core, wan, etc. • Operating System Efficiencies • Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages). 1.2.2.1 Network Management and Automation — Software products and solutions for network automation, cloud computing, and IT systems management. 1.2.2.2 Data Center Management and Automation — Software products and solutions that capture and automate manual tasks across servers, network, applications, and virtualized infrastructure. 1.2.2.3 Cloud Portal and Automation — Software products and solutions for cloud management with policy -based controls for provisioning virtual and physical resources. 1.2.2.4 Branch Office Management and Automation — Software products and solutions for management of branch offices. Capabilities include remote troubleshooting, device management, and WAN performance monitoring. 1.2.3 Network Optimization and Acceleration. Devices and tools for increasing data -transfer efficiencies across wide -area networks. 1.2.3.1 Data Analytics — Appliance for improving network management by more effectively factoring in issues related to congestion, such as utilization, service consumption and routing. Provides real-time insights into network traffic to determine the value of different portions of that traffic. 1.2.3.2 Dynamic Load Balancing (Network Traffic Management) — An appliance that performs a series of checks and calculations to determine which server can best service each client request in order to select the server that can successfully fulfill the client request and do so in the shortest amount of time without overloading either the server or the server farm as a whole. 1.2.3.3 WAN Acceleration — Appliance that optimizes bandwidth to improve the end user's experience on a wide area network (WAN). Capabilities should include: • CIFS acceleration • Data Compression • SSL encryption/decryption for acceleration (Optional) • Layer 4-7 visibility • Application Specific optimization 1.2.3.4 High Availability and Redundancy — Limits any disruption to network uptime should an appliance face unforeseen performance issues. Transparently redistributes workloads to surviving cluster appliances without impacting communication throughout the cluster. 1.2.4 Optical Networking. Page 2 of 11 Attachment B Page 406 of 1515 High capacity networks based on optical technology and components that provide routing, grooming, and restoration at the wavelength level as well as wavelength based services. 1.2.4.1 Core DWDM (Dense Wavelength Division Multiplexing) Switches — Switches used in systems designed for long haul and ultra long-haul optical networking applications. 1.2.4.2 Edge Optical Switches — Provide entry points into the enterprise or service provider core networks. 1.2.4.3 Optical Network Management — Provides capabilities to manage the optical network and allows operators to execute end-to-end circuit creation. 1.2.4.4 IP over DWDM (IPoDWDM) — A device utilized to integrate IP Routers and Switches in the OTN (Optical Transport Network). Category 1.3: ROUTERS, SWITCHES, SECURITY, AND NETWORKING STORAGE 1.3.1 Routers. A device that forwards data packets along networks. A router is connected to at least two networks, commonly two LANs or WANs or a LAN and its ISP's network. Routers are located at gateways, the places where two or more networks connect, and are the critical device that keeps data flowing between networks and keep the networks connected to the Internet. 1.3.1.1 Branch Routers — A multiservice router typically used in branch offices or locations with limited numbers of users and supports flexible configurations/feature. For example: security, VoIP, wan acceleration, etc. 1.3.1.2 Network Edge Routers — A specialized router residing at the edge or boundary of a network. This router ensures the connectivity of its network with external networks, a wide area network or the Internet. An edge router uses an External Border Gateway Protocol, which is used extensively over the Internet to provide connectivity with remote networks. 1.3.1.3 Core Routers - High performance, high speed, low latency routers that enable Enterprises to deliver a suite of data, voice, and video services to enable next -generation applications such as IPTV and Video on Demand (VoD), and Software as a Service (SaaS). 1.3.1.4 Service Aggregation Routers — Provides multiservice adaptation, aggregation and routing for Ethernet and IP/MPLS networks to enable service providers and enterprise edge networks simultaneously host resource -intensive integrated data, voice and video business and consumer services. 1.3.1.5 Carrier Ethernet Routers — High performance routers that enable service providers to deliver a suite of data, voice, and video services to enable next -generation applications such as IPTV, Video on Demand (VoD), and Software as a Service (SaaS). 1.3.2 Security. 1.3.2.1 Data Center and Virtualization Security Products and Appliances — Products designed to protect high-value data and data center resources with threat defense and policy control. Page 3 of 11 Attachment B Page 407 of 1515 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 408 of 1515 switch with at least 128 ports. It does not differ from a switch in core FC protocol functionality. Fibre Channel directors provide the most reliable, scalable, high-performance foundation for private cloud storage and highly virtualized environments. 1.3.3.2 Fabric and Blade Server Switches — A Fibre Channel switch is a network switch compatible with the Fibre Channel (FC) protocol. It allows the creation of a Fibre Channel fabric, which is currently the core component of most SANS. The fabric is a network of Fibre Channel devices, which allows many -to -many communication, device name lookup, security, and redundancy. FC switches implement zoning; a mechanism that disables unwanted traffic between certain fabric nodes. 1.3.3.3 Enterprise and Data Center SAN and VSAN (Virtual Storage Area Network) Management — Management tools to provisions, monitors, troubleshoot, and administers SANS and VSANs. 1.3.3.4 SAN Optimization — Tools to help optimize and secure SAN performance (ie. Encryption of data - at -rest, data migration, capacity optimization, data reduction, etc. 1.3.4: Switches. Layer 2/3 devices that are used to connect segments of a LAN (local area network) or multiple LANs and to filter and forward packets among them. 1.3.4.1 Campus LAN – Access Switches — Provides initial connectivity for devices to the network and controls user and workgroup access to internetwork resources. The following are some of the features a campus LAN access switch should support: 1. Security a. SSHv2 (Secure Shell Version 2) b. 802.1X (Port Based Network Access Control) c. Port Security d. DHCP (Dynamic Host Configuration Protocol) Snooping 2. VLANs 3. Fast Ethernet/Gigabit Ethernet 4. PoE (Power over Ethernet) 5. link aggregation 6. 10 Gb support 7. Port mirroring 8. Span Taps 9. Support of IPv6 and IPv4 10. Standards-based rapid spanning tree 11. Netflow Support (Optional). 1.3.4.2 Campus LAN – Core Switches — Campus core switches are generally used for the campus backbone and are responsible for transporting large amounts of traffic both reliably and quickly. Core switches should provide: • High bandwidth • Low latency • Hot swappable power supplies and fans Page 5 of 11 Attachment B Page 409 of 1515 • 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 410 of 1515 • 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 411 of 1515 • 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 412 of 1515 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 413 of 1515 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 414 of 1515 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 415 of 1515 Attachment C - Pricing Discounts and Value Added Services Contractor Extreme Networks, Inc. 1. % discounts are based on minimum discounts off Contractor's commercially published pricelists versus fixed pricing. Nonetheless, Orders will be fixed-price or fixed-rate and not cost reimbursable contracts. Contractor has the ability to update and refresh its respective price catalog, as long as the agreed-upon discounts are fixed. 2. Minimum guaranteed contract discounts do not preclude an Offeror and/or its authorized resellers from providing deeper or additional, incremental discounts at their sole discretion. 3. Purchasing entities shall benefit from any promotional pricing offered by Contractor to similar customers. Promotional pricing shall not be cause for a permanent price change. 4. Contractor's price catalog shall include the price structures of all products, services and value added items (i.e., Maintenance Services, Professional Services, Etc.) that it intends to provide under its contract. Pricing shall all-inclusive of infrastructure and software costs and management of infrastructure, network, OS, and software. Section 2: Minimum Discount Category 1.2 Networking Hourly Rates - Hardware and Software (on premise) 38.00% Cloud Services NA Service Packages (i.e., Maintenance, etc.) 12% for HW /6% for SW Category 1.3 Routers, Switches, Secuirty, and Networking Storage 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 Weekend - 'State Holiday Title Job Description onsite Remota onsito( Remote onsite Remote Extreme Maintenance Offerings are Maintenance Services included above $281.25 - *24 hour $281.25 - *8 $421.88 -*24 $421.88 - *8 $421.88 -*24 $421.88 - *8 minimum for onsite hour minimum hour hour hour hour Implementation offered under support for remote minimum for minimum for minimum for minimum for Extreme's Professional Services support onsite remote onsite support remote Professional Services portfolio. support support support Deployment Services $281.25 - *24 hour $281.25 - *8 $421.88 *24 $421.88 - *8 $421.88 *24 $421.88 - *8 minimum for onsite hour minimum hour hour hour hour support for remote minimum for minimum for minimum for minimum for Deplopyment offered under Extreme's support onsite remote onsite support remote Professional Services portfolio. support support support Consulting Advisory Services Consulting Advisory Services offered $281.25 - *24 hour $281.25 - *8 $421.88 -*24 $421.88 - *8 $421.88 -*24 $421.88 - *8 Architectural Design Services $281.25 - *24 hour $281.25 - *8 $421.88 -*24 $421.88 - *8 $421.88 -*24 $421.88 - *8 minimum for onsite hour minimum hour hour hour hour Architectural Design Services offered support for remote minimum for minimum for minimum for minimum for under Extreme's Professional Services support onsite remote onsite support remote portfolio. support support support Statement of Work Services SOWS are offered under Extreme's $281.25 - *24 hour $281.25 - *8 $421.88 -*24 $421.88 - *8 $421.88 -*24 $421.88 - *8 Partner Services NA Training Deployment Services $281.25 - *24 hour $281.25 - *8 $421.88 -*24 $421.88 - *8 $421.88 -*24 $421.88 - *8 minimum for onsite hour minimum hour hour hour hour support for remote minimum for minimum for minimum for minimum for Technical Training - knowledge based support onsite remote onsite support remote training offered during implementation support support support Education and Training Classroom Technical Training $68.75 N/A $68.75 N/A $68.75 N/A [add any additional Value Added Services] Attachment Page 416obf 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. imITf9TW End User License Agreement This document is an agreement ("Agreement") between You, the end user, and Extreme Networks, Inc., on behalf of itself and its Affiliates ("Extreme") that sets forth Your rights and obligations with respect to the "Licensed Materials". BY INSTALLING SOFTWARE AND/OR THE LICENSE KEY FOR THE SOFTWARE ("License Key") (collectively, "Licensed Software"), IF APPLICABLE, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE AND/OR ANY OF THE LICENSED MATERIALS UNDER THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE LICENSE(S) AND THE LIMITATION(S) OF WARRANTY AND DISCLAIMER(S)/LIMITATION(S) OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE LICENSE KEY (IF APPLICABLE) TO EXTREME OR YOUR DEALER, IF ANY, OR DO NOT USE THE LICENSED SOFTWARE AND/OR LICENSED MATERIALS AND CONTACT EXTREME OR YOUR DEALER WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT TO ARRANGE FOR A REFUND. DEFINITIONS. "Affiliates" means, with respect to a party, any person, partnership, corporation, limited liability company, or other form of enterprise that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with such party. "Server Application" means the software application associated to software authorized for installation (per License Key, if applicable) on one or more of Your servers as further defined in the Ordering Documentation. "Client Application" means the application to access the Server Application. "Network Device" means a physical computer device, appliance, appliance component, controller, wireless access point, or virtual appliance as further described within the applicable product documentation, which includes, without limitation, the Order Documentation. "Licensed Materials" means the Licensed Software (including, without limitation, the Server Application and Client Application), Network Device (if applicable, but excluding any ODM Network Device), Firmware, media embodying software, and the accompanying documentation. "Concurrent User" means any of Your individual employees who You provide access to the Server Application at any one time. "Firmware" means any software program or code embedded in chips or other media. "Standalone" software is software licensed for use independent of any hardware purchase as identified in the Ordering Documentation. "ODM Network Device" means a Network Device purchased by You from a Specified ODM as identified in the Ordering Documentation. "Specified ODM" means an original device manufacturer as identified in the Ordering Documentation. "Licensed Software" collectively means the software, including without limitation Standalone software, Firmware, Server Application, Client Application or other application licensed with conditional use parameters as defined in the Ordering Documentation. "Ordering Documentation" means the applicable price quotation, corresponding purchase order, relevant invoice, order acknowledgement, and accompanying documentation or specifications for the products and services Attachment D Pae 1 of 471 Page 417 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. purchased, acquired or licensed hereunder from Extreme either directly or indirectly. "Open Source Software" means any software code or component that is distributed as open source software or freeware or is otherwise distributed publicly or made generally available in source code form under terms that permit modification and redistribution on one or more triggering conditions. TERM. This Agreement is effective from the date on which You accept the terms and conditions of this Agreement via click -through, commence using the products and services or upon delivery of the License Key if applicable, and shall be effective until terminated. In the case of Licensed Materials offered on a subscription basis, the term of "licensed use" shall be as defined within Your Ordering Documentation. GRANT OF LICENSE. Extreme hereby grants You a non -transferable, non- sublicensable, non-exclusive license to use the Licensed Materials and the accompanying documentation for Your own business purposes, subject to the terms and conditions of this Agreement, applicable licensing restrictions, and any term, user server networking device, field of use, or other restrictions as set forth in Your Ordering Documentation. If the Licensed Materials are being licensed on a subscription and/or capacity basis, the applicable term and/or capacity limit of the license shall be specified in Your Ordering Documentation. You may install and use the Licensed Materials as permitted by the license type purchased as described below in License Types. The license type purchased is specified in the Ordering Documentation. YOU MAY NOT USE, COPY, OR MODIFY THE LICENSED MATERIALS, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. 4. LICENSE TYPES. • Single User, Single Network Device. Under the terms of this license type, the license granted to You by Extreme authorizes You to use the Licensed Materials as bundled with a single Network Device as identified by a unique serial number for the applicable term, if and as specified in Your Ordering Documentation, or any replacement for that Network Device for that same term, for internal use only. A separate license, under a separate license agreement, is required for any other Network Device on which You or another individual, employee or other third party intend to use the Licensed Materials. A separate license under a separate license agreement is also required if You wish to use a Client license (as described below). • Single User, Multiple Network Devices. Under the terms of this license type, the license granted to You by Extreme authorizes You to use the Licensed Materials with a defined amount of Network Devices as defined in the Ordering Documentation. • Client. Under the terms of the Client license, the license granted to You by Extreme will authorize You to install the License Key for the Licensed Materials on Your server and allow the specific number of Concurrent Users as ordered by you and is set forth in Your Ordering Documentation. A separate license is required for each additional Concurrent User. Attachment D Pae 2 of 471 Page 418 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. • Standalone. Software or other Licensed Materials licensed to You for use independent of any Network Device. • Subscription. Licensed Materials, and inclusive Licensed Software, Network Device or related appliance updates and maintenance services, licensed to You for use during a subscription period as defined in Your applicable Ordering Documentation. • Capacity. Under the terms of this license, the license granted to You by Extreme authorizes You to use the Licensed Materials up to the amount of capacity or usage as defined in the Ordering Documentation. s. AUDIT RIGHTS. You agree that Extreme may audit Your use of the Licensed Materials for compliance with this Agreement and Your License Type at any time, upon reasonable notice. In the event that such audit reveals any use of the Licensed Materials by You other than in full compliance with the license granted and the terms of this Agreement, Extreme reserves the right to charge You for all reasonable expenses related to such audit in addition to any other liabilities and overages applicable as a result of such non-compliance, including but not limited to additional fees for Concurrent Users, excess capacity or usage over and above those specifically granted to You. From time to time, the Licensed Materials may upload information about the Licensed Materials and the associated usage to Extreme. This is to verify the Licensed Materials are being used in accordance with a valid license and/or entitlement. By using the Licensed Materials, you consent to the transmission of this information. RESTRICTION AGAINST COPYING OR MODIFYING LICENSED MATERIALS. Except as expressly permitted in this Agreement, You may not copy or otherwise reproduce the Licensed Materials. In no event does the limited copying or reproduction permitted under this Agreement include the right to decompile, disassemble, electronically transfer, reverse engineer, extract or otherwise derive, the source code and any other ideas, algorithms or procedures from the Licensed Materials, including without limitation the Licensed Software, or to translate the Licensed Materials into another computer language, except to the extent that Extreme is not permitted by applicable law to exclude or limit such rights. The media or software in other form embodying the Licensed Materials may be copied by You, in whole or in part, into machine-readable form, in sufficient numbers only for backup or archival purposes, or to replace a worn or defective copy. However, You agree not to have more than two (2) copies of the Licensed Software in whole or in part, including without limitation the original media, in Your possession for said purposes without Extreme's prior written consent, and in no event shall You operate more copies of the Licensed Software than the specific licenses granted to You. Notwithstanding the above, you may not copy or reproduce the documentation. You agree to maintain appropriate records of the location of the original media and all copies of the Licensed Software, in whole or in part, made by You. You agree to include any copyright, trademark, claims of confidentiality, or trade secrets, or other proprietary notice set forth on the label of the media embodying the Licensed Software on any copy of the Licensed Materials in any form, in whole or in part, or on any modification of the Licensed Materials or any such modular work containing the Licensed Materials or any part thereof. Attachment D Pae 3 of 471 Page 419 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 7. TITLE AND PROPRIETARY RIGHTS. (a) The Licensed Materials are copyrighted works and, as between You and Extreme, are the sole and exclusive property of Extreme, its Affiliates, and/or its and their suppliers. This Agreement conveys a limited right to operate the Licensed Materials and shall not be construed to convey title to the Licensed Materials to You. There are no implied rights. You shall not sell, lease, transfer, sublicense, dispose of, or otherwise make available the Licensed Materials or any portion thereof, to any other party. (b) You further acknowledge that in the event of a breach of this Agreement, Extreme shall suffer severe and irreparable damages for which monetary compensation alone will be inadequate. You therefore agree that in the event of a breach of this Agreement, Extreme shall be entitled to monetary damages and its reasonable attorney's fees and costs in enforcing this Agreement, as well as injunctive relief to restrain such breach, in addition to any other remedies available to Extreme. s. PROTECTION AND SECURITY. In the performance of this Agreement or in contemplation thereof, You and Your employees and agents may have access to private or confidential information owned or controlled by Extreme relating to the Licensed Materials supplied hereunder including, but not limited to, product specifications and schematics, and such information may contain proprietary details and disclosures. All information and data so acquired by You or Your employees or agents under this Agreement or in contemplation hereof shall be and shall remain Extreme's exclusive property, and You shall use all commercially reasonable efforts to keep, and have Your employees and agents keep, any and all such information and data confidential, and shall not copy, publish, or disclose it to others, without Extreme's prior written approval, and shall return, destroy or expunge such information and data to Extreme at its request. Nothing herein shall limit Your use or dissemination of information not actually derived from Extreme or of information which has been or subsequently is made public by Extreme, or a third party having authority to do so. You agree not to deliver or otherwise make available the Licensed Materials or any part thereof, including without limitation the object or source code (if provided) of the Licensed Software, to any party other than Extreme or its employees, except for purposes specifically related to Your use of the Licensed Materials on a single computer as expressly provided in this Agreement, without the prior written consent of Extreme. You acknowledge that the Licensed Materials contain valuable confidential information and trade secrets, and that unauthorized use, copying and/or disclosure thereof are harmful to Extreme, its Affiliates, and its and their suppliers. 9. MAINTENANCE AND UPDATES. Except as otherwise defined below, updates and certain maintenance and support services, if any, shall be provided to You pursuant to the terms of a separate service and/or maintenance agreement, if Extreme and You enter into such an agreement. Except as specifically set forth in such agreement, Extreme shall not be under any obligation to provide updates, modifications, or enhancements, or maintenance and support services for the Licensed Materials to You. If you have purchased Licensed Materials on a subscription basis then the applicable service terms for Your Licensed Materials are as provided in Your Ordering Documentation. Extreme will Attachment D Pae 4 of 471 Page 420 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. perform the maintenance and updates in a timely and professional manner, during the term of Your subscription, using qualified and experienced personnel. You will cooperate in good faith with Extreme in the performance of the support services including, but not limited to, providing Extreme with: (a) access to the Extreme Licensed Materials (and related systems); and (b) reasonably requested assistance and information. Further information about the applicable maintenance and updates terms can be found in Extreme's Terms of Support (attached as Exhibit 4). lo. DEFAULT AND TERMINATION. In the event that You shall fail to keep, observe, or perform any obligation under this Agreement, including without limitation a failure to pay any sums due to Extreme, or in the event that you become insolvent or seek protection, voluntarily or involuntarily, under any bankruptcy law, Extreme may, in addition to any other remedies it may have under law, terminate this Agreement and any other related agreements between Extreme and You. (a) Immediately after any termination of this Agreement, Your licensed subscription term, or if You have for any reason discontinued use of Licensed Materials, You shall return to Extreme, destroy or expunge (in Extreme's discretion) the original and any copies of the Licensed Materials and remove the Licensed Materials, including without limitation any Licensed Software, from any Network Devices, and certify in writing that through Your best efforts and to the best of Your knowledge the original and all copies of the terminated or discontinued Licensed Materials have been returned to Extreme, destroyed or expunged. (b) Sections 1, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive expiration or termination of this Agreement for any reason. ii. EXPORT REQUIREMENTS. You are advised that the Licensed Materials, including without limitation the Licensed Software, is of United States origin and subject to United States Export Administration Regulations; diversion contrary to United States law and regulation is prohibited. You agree not to directly or indirectly export, re-export, import or transmit the Licensed Materials, including without limitation the Licensed Software to any country, end user or for any use that is prohibited by applicable United States laws or regulations (including but not limited to those countries embargoed from time to time by the United States government) or contrary to the laws or regulations of any other governmental entity that hasjurisdiction over such export, reexport, import, transmission or use. 12. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Licensed Materials (i) incorporate commercial computer software and commercial computer software documentation developed exclusively at private expense, and (ii) are in all respects proprietary property belonging solely to Extreme or its suppliers. If You are acquiring the Licensed Materials on behalf of any part of the U.S. government, the following provisions apply. The object code and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Attachment D Pae 5 of 471 Page 421 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. object code or the accompanying documentation by the U.S. government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the provisions hereof. Any technical data provided that is not covered by the above provisions is deemed to be "technical data" and "commercial items" pursuant to DFAR Section 252.227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 252.227.7015(b). 13. LIMITED WARRANTY AND LIMITATION OF LIABILITY. Extreme warrants to You that (a) the initially -shipped version of the Licensed Materials will materially conform to the Ordering Documentation; and (b) the media on which the Licensed Software is recorded will be free from material defects for a period of ninety (90) days from the date of delivery to You or such other minimum period required under applicable law. Extreme does not warrant that Your use of the Licensed Materials will be error -free or uninterrupted. NONE OF EXTREME, ITS AFFILIATES, OR ITS OR THEIR LICENSORS OR SUPPLIERS, MAKE ANY OTHER WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED "AS IS". THE LIMITED WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON - INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED, AND STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. IN NO EVENT WILL EXTREME OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR ANY LOST PROFITS OR DATA, OR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INABILITY TO USE THE LICENSED MATERIALS, TO ANY PARTY EVEN IF EXTREME OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXTREME OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS DURING THE TWELVE (12) - MONTH PERIOD PRECEDING THE EVENT CAUSING THE CLAIM. Some jurisdictions do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to You. This limited warranty gives You specific legal rights, and You may also have other rights which vary based on Your applicable jurisdiction. 14. GOVERNING LAW; JURISDICTION. The validity, performance and construction of this Agreement and the rights and obligations of the parties pursuant to this Agreement shall be governed and construed in accordance with the laws of the State of California, without reference to any conflicts of law rules that would mandate the application of the Attachment D Pae 6 of 471 Page 422 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. laws of another jurisdiction. Extreme and You hereby consent to the exclusive jurisdiction of, and venue in, the State and Federal courts of the State of California. You waive any objections to the personal jurisdiction and venue of such courts. None of the 1980 United Nations Convention on the Limitation Period in the International Sale of Goods, the United Nations Convention on Contracts for the International Sale of Goods, or the Uniform Computer Information Transactions Act shall apply to this Agreement. 15. FREE AND OPEN SOURCE SOFTWARE. Portions of the Licensed Software provided to You may contain Open Source Software that is subject to a license that permits You to modify these portions and redistribute the modifications (an "Open Source License"). Your use, modification, and redistribution of the Open Source Software are governed by the terms and conditions of the applicable Open Source License. Some of the Open Source Software may be subject to: the GNU General Public License (GPL), the Lesser General Public License (LGPL), the Artistic License, the Mozilla Public License, Common Public License, the BSD License, the MIT License, the Apache License, the Creative Commons License, and/or other Open Source Licenses, copies of which are provided with the Licensed Materials or can be found on Extreme's website at ]tt.. s://www.eaxtirearrieaine twoirllks.corm/su oir�/ ollliclieas/o eai� souirce::a deacllaira�lioi�/. In ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,p„ ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...............................j,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, accordance with the terms of GPL and LGPL, you may request a copy of the relevant source code should GPL and/or LGPL terms apply to your Licensed Software. Additional details are available upon request to Extreme. This offer is valid for up to three years from the date of original distribution of the relevant Licensed Software. All Open Source Software is provided to You on an "AS IS” basis, and Extreme makes no representations or warranties for the use of this Open Source Software by You independent of any Extreme provided product, software, or services. Refer to the licenses and copyright notices listed in the relevant open source declaration for any specific license terms that apply to each Open Source Software component and warranty, if any, from the associated authors or licensors. Extreme specifically disclaims any warranties for defects caused by altering or modifying any Open Source Software or the products' recommended configuration. You have no warranty or indemnification claims against Extreme in the event that the Open Source Software infringes the intellectual property rights of a third party. Technical support, if any, will only be provided for the unmodified Extreme product as used within such product's recommended configuration. 16. GENERAL. (a) This Agreement is the entire agreement between Extreme and You with respect to the subject matter hereof, including without limitation the Licensed Materials, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. (b) This Agreement may not be changed or amended except in writing signed by both parties hereto. No purchase order shall supersede or amend any terms of this Agreement. (c) You represent that You have full right and/or authorization to enter into this Agreement. Attachment D Pae 7 of 471 Page 423 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. (d) This Agreement shall not be assignable by You without the express written consent of Extreme. The rights of Extreme and Your obligations under this Agreement shall inure to the benefit of Extreme's assignees, licensors, and licensees. (e) Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. (fl The provisions of the Agreement are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of this Agreement shall nevertheless be binding on and enforceable by and between the parties hereto. (g) Extreme's waiver of any right shall not constitute waiver of that right in future. (n) Should You have any questions regarding this Agreement, You may contact Extreme at the address set forth below. Any notice or other communication to be sent to Extreme must be mailed by certified mail to the following address: Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 United States ATTN: Legal Department Attachment D Pae 8 of 471 Page 424 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 3 Extreme Networks Product Support and End of Life Policy Effective January 1, 2019 General Disclaimer. Although Extreme Networks has attempted to provide accurate information with this document, Extreme Networks assumes no responsibility for the accuracy of the information. Extreme Networks may change its release schedules, programs, product specifications, or definitions mentioned in the document at any time without notice. Any reference to non -Extreme Networks products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. San Jose, California 95119 Phone/ +1408.579.2800 Toll-free / +1 888.257.3000 www.extremenetworks.com ©2019 Extreme Networks, Inc. All rights reserved. Extreme Networks and the Extreme Networks logo are trademarks or registered trademarks of Extreme Networks, Inc. in the United States and/or other countries. All other names are the property of their respective owners. For additional information on Extreme Networks Trademarks, visit arks/. Specifications and product www.extremenetworks„,com �ompanY 1e„ga tradem „„„„„ „„„„„ availability are subject to change without notice. Attachment D Pae 9 of 471 Page 425 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Introduction This document provides Extreme Networks End of Life Policy for Software and Hardware products. WARRANTY: Extreme Networks offers firmware, operating system software, and application software products, with various warranties included in the software purchase price. Please refer to specific product literature for warranty details. SERVICES: Extreme Networks also offers various services at additional cost. Refer to the Services Solutions web page for details: f�iiir 4,ti4=ti4=ti. WcfllellC["="tiorI Only products which are covered by an appropriate warranty or a valid service contract are eligible for software updates or upgrades, and technical support, per the specific terms of the warranty or service contract. Product End of Life: Overview The Extreme Networks Product End of Life Overview is described in this document, which is intended to help customer plan and manage the End of Life process for Extreme products and assist the transition to alternative Extreme products and technology. The End of Life policy covers the period starting at the End of Sale Notification, and includes End of Sale (EOS), End of Software Maintenance (EOSM), and End of Services Life (EOSL). The End of Life Policy only applies to End of Sale announcements which are published on or after January 1, 2019. The Policy does not apply to product that is already subject to an End of Life and/or End of Sale announcement; for those products, the dates announced in the respective End of Sale Notifications will continue to apply. The general policy guidelines are defined below. Note that the exact End of Life schedule for a specific product will be defined in its End of Sale Notification, which may vary from the general guidelines below. The Support and End of Life Policy describes entitlements which are available for products which are covered by active support contracts. Customers will need to ensure that there is a current and fully paid support contract with Extreme. Please contact your Support Account Manager regarding fees payable during the end -of -life period to ensure access to entitlements described in the End of Life policy. For information regarding Extreme product warranties, please refer to Exhibit 1. End of Sale Notification Extreme will typically provide 6 months' notice of the affected product's End of Sale date. Attachment D Page 10 of 471 Page 426 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. This notice will be published to the Extreme Support website at r�c (�f r s v r1 r �� 11 r 17........ Customers and Partners should check this site frequently to view any new Notifications, as well as any other information related to the End of Life process. The End of Sale Notification will define the End of Sale date, End of Software Maintenance date, and End of Services Life date for the products specified in the Notification. The dates defined in the End of Sale Notification will supersede the general policy guidelines defined in this document. End of Sale The product End of Sale (EOS) date is the last date that a product is available for sale through Extreme systems, while supplies last. Product availability is not guaranteed through the End of Sale date, and products will be provided while supplies last. End of Software Maintenance The End of Software Maintenance (EOSM) date is the last date that Extreme will release any maintenance or patch releases for a specific major software revision. During the Software Maintenance period, Extreme reserves the right to determine which defects will be fixed. Note that a software upgrade to a later release may be necessary to correct a reported problem. 1'he table below defines the End of Software Maintenance period atter End Software End of Software Maintenance (EOSM) (Note 1, Note)�� Applications 12 Months after End of Sale WING OS 24 Months after End of Sale Extreme Wireless OS 24 Months after End of Sale EXOS OS 24 Months after End of Sale BOSS/ERS OS 24 Months after End of Sale VOSS/VSP OS 24 Months after End of Sale SLX, NOS, NI 36 Months after End of Sale of Sale. Note 1: End of Software Maintenance policy applies to products after their EOS date Note 2: Products with End of Sale announcements published prior to 1/1/2019 should refer to the published End of Sale Notification for EOSM and EOSL dates. After EOSM for a period of 12 additional months Extreme may provide security/PSIRT patches for critical issues at its sole discretion. Attachment D Page 11 of 471 Page 427 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. End of Services Life The End of Service Life (EOSL) date is the last date to receive service and support for the product. After this date, all support services for the product are unavailable, and the product becomes obsolete and software and other product related information will be removed from the Extreme support website. Access to Extreme's Global Technical Assistance Center (GTAC) will be available for a period of 5 years from the End of Sale date for hardware and embedded operating system software issues and for a period of 3 years from the End of Sale date for application software issues. Note that a software upgrade to a later release may be necessary to correct a reported problem. Access to Software releases will be available for a period of 5 years from the End of Sale date for embedded Operating System software, and for a period of 3 years from the End of Sale date for application software. Following the EOSL date, software may be removed from the Extreme support website. Spares or replacement parts for hardware will be available for a period of 5 years from the End of Sale date. Extreme will replace the failed unit with either a new or previously used product which is equivalent to new in performance and reliability. Extreme may replace the failed unit with a product which is, in Extreme's sole opinion, equivalent to an original product that has been discontinued or is otherwise not available. Additional Information Additional information, access to previously published End of Sale Notifications, and other Policy documents are available from Extreme Networks Support at �ff�l`Ili4ti4a4�'a r fi�C�irllrs[;�`wt�i� �IrGt�C�i `jrliJ��lt�iC�. Attachment D Page 12 of 471 Page 428 of 1515 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 429 of 1515 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 430 of 1515 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 431 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 2.1 Releases. Extreme or its authorized representatives will make available to Company all Releases made generally available by Extreme only for Products for which Company has an active contract for Services. The content of all Releases shall be decided upon by Extreme in its sole discretion. Updates for Products for which Company has an active contract for Services shall be provided to Company at no additional charge during the term of this Agreement. Extreme shall impose additional charges for Upgrades. Company shall install only one (1) copy of a Release for each Product under an active contract for Services, and Company is prohibited from installing Releases on any Product which is not covered under an active contract for Services. 2.2 Corrections. Extreme shall use commercially reasonable efforts to provide a correction or workaround for any reported and reproducible Defect in any Product for which Services have been purchased with a level of effort commensurate with the severity level; provided that Extreme shall have no obligation to correct all Defects in the Products. Company shall notify Extreme TAC of the nature and severity of such Defect and the specific serial number of the applicable Product, and provide Extreme with enough information to locate and reproduce the Defect. Extreme shall not be responsible for correcting any Defect not attributable to Products or any Defect listed under Section 3 ("Exclusions"). 3. Exclusions. The Services provided by Extreme hereunder will not include support and maintenance of any third -parry software or hardware not provided by Extreme. Extreme is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas, GBICs and miniGBICs. Extreme shall only be obligated to support the then -current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered under the Services may be obtained at Extreme's then -current rates for special technical services and on Extreme's then -current terms and conditions for such services, subject to acceptance by Extreme at its sole discretion. 4. Company Obligations. 4.1 Company Assistance. Company agrees to provide Extreme with reasonable access to the Products for which problems are reported and all back-ups and Company information services, technical personnel, facilities, and premises as required in connection with the performance of the Services. To efficiently resolve problems and Attachment D Page 16 of 471 Page 432 of 1515 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 433 of 1515 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 434 of 1515 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 435 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 9.2 License. All Releases provided under the Services are licensed subject to the terms and conditions of the then -current Software license agreement for such Software Product in effect at the time the Release is provided. 9.3 Non -Disclosure. You and/or the Company may be exposed to certain confidential information of Extreme including but not limited to information concerning the business, technology, and customers of Extreme, which You and/or Company knows or should know is Extreme's confidential and proprietary information (herein "Confidential Information"). You and/or Company agrees that while this Agreement is in effect and for a period of three (3) years thereafter, You/it will not: (i) use the Confidential Information for any purpose other than to perform under this Agreement; or (ii) disclose to any third parry any Confidential Information without the prior written consent of Extreme. Company may disclose Confidential Information only to its employees or contractors on a need to know basis and as is reasonably necessary to allow the parry to perform under this Agreement; provided that each such employee or contractor is under a written obligation of nondisclosure which protects the Confidential Information under terms at least as stringent as these terms. This Section will not apply to Confidential Information after such information is made public by Extreme. If any Confidential Information is required to be disclosed by Company as a matter of law or by order of a court or other legal process, Company will promptly notify Extreme of such obligation to disclose and reasonably assist Extreme in obtaining a protective order or otherwise limiting such disclosure. 10. Warranty. All Updates provided hereunder are warranted for the remaining warranty period of the original Software Product, if any, as specified in the warranty card which shipped with the original Software Product. All Upgrades are warranted as set forth in the warranty card for such Upgrade. Replacement Products provided under the Services are warranted for the remaining warranty period of the original Product, if any, as specified in the warranty card which shipped with the original Product. Nothing in the Services shall be construed as expanding or adding to the warranty set forth on the warranty card. Extreme will use all reasonable commercial efforts to provide the support requested by You and/or Company under this Agreement in a professional and workmanlike manner. In the event that Extreme fails to meet this warranty, Extreme may reperform the Services, but Extreme cannot guarantee that every question or problem raised by You or the Company will be resolved. EXTREME WARRANTS THE SERVICES ONLY TO YOU AND/OR COMPANY PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. EXCEPT AS SET FORTH ABOVE, EXTREME MAKES, AND YOU AND/OR COMPANY RECEIVE, NO OTHER WARRANTIES OF ANY KIND. EXTREME EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS, WHETHER EXPRESS, IMPLIED (in fact or by operation of law), STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, TERM OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, ABSENCE OF HIDDEN Attachment D Page 20 of 471 Page 436 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. DEFECTS, ANY WARRANTY OF NON -INFRINGEMENT, AND ANY WARRANTY, TERM OR CONDITION THAT MAY ARISE BY REASON OF USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR COURSE OF PERFORMANCE. 11. Term and Termination. 11.1 Services Term. The Services start date shall be determined as follows: (a) for the initial purchase of Service, the Service start date shall be the original shipment date of the covered Product from Extreme, and (b) for Service renewals, the Service start date shall be the date on which the prior Service period ended. Company shall be responsible for the Service Fees from such Service start date. The Service end date will be 12 months from the Service start date, unless otherwise specified in writing by Extreme. Unless Company or Extreme provides notice at least sixty (60) days prior to the end of the Support Plan term of its intent not to renew the Support Plan, the Support Plan term will automatically renew for one (1) year subject to payment being received by Extreme for such Support Plan. If Company fails to pay the annual Support Plan fees in accordance with Extreme's invoice, the applicable ExtremeWorks Support Plan will automatically terminate without notice. 11.2 Agreement Term. All Releases provided under the Services are licensed subject to the terms and conditions of the then -current Software license agreement for such Software Product in effect at the time the Release is provided. 11.3 Termination. This Agreement shall be terminated immediately upon the expiration of all prepaid support periods for the Support Plans purchased by You and/or Company. This Agreement may also be terminated by Extreme (i) for its convenience, upon sixty (60) days' prior written notice to the Company; provided, however, that Extreme will continue to provide Services during any prepaid support period so long as this Agreement was not terminated for Your or Company's breach, (ii) immediately upon written notice to Company, if Company breaches or violates any provision of Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), and 9 ("Ownership of Intellectual Property Rights; License; Non -Disclosure"); (iii) immediately upon written notice to Company, if Company fails to perform or otherwise defaults in any of its obligations (other than those covered by Section 11.3(ii) above) under this Agreement and fails to cure such failure or default within thirty (30) days after written notice thereof, or (iv) , immediately upon written notice to the Company, if the Company is insolvent or makes any arrangement with its creditors generally, or has a receiver appointed for all or a substantial part of its business or properties, or an insolvency, bankruptcy or similar proceeding is brought by or against Company and involving Company as debtor, and if brought against Company is not dismissed within sixty (60) days from its institution, or if Company goes into liquidation or otherwise ceases to function as a going concern. Attachment D Page 21 of 471 Page 437 of 1515 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 438 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AMOUNT PAID BY COMPANY TO EXTREME FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE MOST RECENT FULL CALENDAR YEAR PRECEDING COMPANY'S INITIAL NOTICE OF ANY CLAIM OR POTENTIAL CLAIM HEREUNDER. THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE. 14. Data Protection. 14.1 Subject to Section 14.2, in performing the Services, Extreme will comply with industry standard privacy requirements as may further be defined within the Extreme Networks Privacy and Cookies Policy attached as Exhibit 5 and incorporated herein by reference. Extreme's Privacy and Cookies Policy is subject to change at Extreme's discretion; however, Extreme policy changes will not result in a material reduction in the level of protection provided for Customer Personal Data provided during the term Your order. 14.2 This Section 14.2 shall apply where Extreme's processing of personal data in connection with this Agreement is subject to Data Protection Law. In the event of a conflict between Section 14.1 and Section 14.2, this Section 14.2 shall apply. You have appointed Extreme to process Personal Data on Your behalf as is necessary to provide the Services and in accordance with such other written instructions as You may issue from time to time. The parties' respective obligations for the processing and control of Customer Personal Data are set out in Annex 1 — Processing of Customer Personal Data, attached as Exhibit 6 ,, which is incorporated herein by reference. 14.3 The Service Specifications applicable to Your order define the administrative, physical, technical and other safeguards applied to Your Content residing in the Services Environment, and describe other aspects of system management applicable to the Services. You are responsible for the introduction of any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content and Your Applications, including any viruses, Trojan horses, worms or other programming routines contained in Your Content or Your Applications that could limit or harm the functionality of a computer or that could damage, intercept or expropriate data. 14.4 You may not provide Extreme access to health, payment card or similarly sensitive personal information that imposes specific data security obligations for the processing of such data unless explicitly agreed between the parties. If available, You may purchase Services from Extreme designed to address particular data protection requirements applicable to Your business or Your Content. Attachment D Page 23 of 471 Page 439 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15 Miscellaneous. 15.1 Notices. Any notices permitted or required under this Agreement will be in writing and will be deemed given when delivered in person, by overnight courier upon written verification of receipt, by confirmed facsimile, or by certified or registered mail, return receipt requested, five (5) days after deposit in the mail. Either parry may change its address by giving written notice of such change in the manner provided. Notices to Extreme shall be sent to: Extreme Networks, Inc., 6480 Via del Oro, San Jose, California 95119, Attention: Legal Department, Fax: (408) 579-3000. 15.2 Assignment. This Agreement may not be assigned by Company by operation of law or otherwise without the prior written approval of Extreme. Extreme's rights and obligations, in whole or in part, under this Agreement may be assigned or delegated by Extreme to any affiliated company or subsidiary or in connection with a merger, reorganization, consolidation or sale of all or substantially all of Extreme's assets. This Agreement shall bind and inure to the benefit of the parties and their successors and permitted assigns. 15.3 Waiver; Severability. The waiver by either parry of a breach of any provisions contained herein shall be in writing and shall in no way be construed as a waiver of any succeeding breach of such provision or the waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decisions. 15.4 Injunctive Relief. It is expressly agreed that a violation of Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), or 9 ("Ownership of Intellectual Property Rights; License; Non -Disclosure") of this Agreement could cause irreparable harm to Extreme and that a remedy at law could be inadequate. Therefore, in addition to any and all remedies available at law, Extreme will be entitled to seek injunctive relief or other equitable remedies in the event of any threatened or actual violation of any or all of the provisions hereof. 15.5 Controlling Law; Venue. This Agreement shall be governed in all respects exclusively by the laws of the State of California and the United States of America without regard to conflicts of law principles. The United Nations Convention on the International Sale of Goods is hereby expressly excluded from application to this Agreement. All disputes arising under this Agreement shall be brought in Superior Court of the State of California in Santa Clara County or the Federal District Court of San Jose, as permitted by law, and Company consents to personal jurisdiction in such courts. Attachment D Page 24 of 471 Page 440 of 1515 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 441 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 5 Privacy and Cookies Policy This Privacy and Cookies Policy ("Policy") applies to the websites operated by Extreme Networks, Inc. ("we" or "us" or "our"), accessible via our global and regional websites and any mobile applications or other online and/or mobile applications or websites operated by us that are related to us (collectively, the "Website"). This Policy (together with our Terms of Sale and any other documents referred to in this Policy or those documents) sets out how we may or will use any personal information that you provide through our Website. Please read it carefully before you proceed. By visiting our Website, and/or using the services offered on or through our Website, you acknowledge you have read and understood the terms of this Policy (as amended from time to time). 1. INFORMATION WE MAY COLLECT FROM YOU 1.1 We may collect and process the following data about you: 1.1.1 Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, signing up for our newsletter, registering for a seminar or requesting further services. Such information may include, for example, your name, home and/or business address, email address, telephone number, demographic information such as age, and/or other information that may identify you as an individual. We may also ask you for information when you enter a competition or promotion sponsored by us, sign-up for email newsletters, and when you report a problem with our Website. You can choose not to provide us with some of this information, but doing so may affect your ability to use our Website and our services. 1.2 If you contact us, we may keep a record of that correspondence. 1. 1.3 We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. 1. 1.4 Subject to your expressed marketing preferences, to send you marketing information about goods and services that may be of interest to you by post, telephone, email or other means. You have the right to "opt in" and "opt out" of certain uses of your personal information for these purposes. 1. 1.5 Details of your visits to our Websites and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own purposes or otherwise. Attachment D Page 26 of 471 Page 442 of 1515 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 443 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. The legal basis for these purposes will typically be that we have your consent to our use of your personal information. 3. WHERE WE STORE YOUR INFORMATION 3.1 The data that we collect from you may be transferred to, stored at, or processed from a location outside the jurisdiction in which you reside. This means it may be transferred to countries that do not offer the same level of legal protection as exists in your country of residence. Whenever we transfer your information outside of your country of residence, we will take steps to ensure that adequate safeguards are in place to make sure it is treated securely and in accordance with this Policy. You may contact us for a copy of the safeguards that we have put in place. 4. SERVICE PROVIDERS 4.1 We may use third -parry partners, carefully selected by us, to help operate our Website and deliver our products and services, and may share your information with our service providers and other third parties that provide products or services for or through this Website or for our business (such as website or database hosting companies, address list hosting companies, e-mail service providers, research, analytics and customer experience and survey companies, distribution companies and resellers, fulfilment companies, marketing and promotional companies, and other similar service providers that use such information on our behalf). 4.2 We may disclose statistics regarding user behavior to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. 5. DISCLOSURE OF YOUR INFORMATION 5.1 We may disclose your personal information to any member of the Extreme Networks group, which means Extreme Networks, Inc. and our direct and indirect subsidiaries. 5.2 We may also use your personal information to maintain our internal record keeping and/or share it with our affiliates for internal marketing or other purposes. 5.3 We may disclose your personal information to third parties: 5.3.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets. 5.3.2 If Extreme, or substantially all of our assets, are acquired by a third parry, in which case personal information held by us about our customers will be one of the transferred assets. 5.3.3 If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Sales and other agreements; or to Attachment D Page 28 of 471 Page 444 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. protect the rights, property, or safety of Extreme, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 5.3.4 We may disclose user information to government authorities, and to other third parties, when compelled to do so by government authorities or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of our Website, or anyone else that could be harmed by such activities. Additionally, we cooperate with law enforcement inquiries and other third parties to enforce laws, intellectual property rights, and other rights. 6. RETENTION 6.1 Your personal information will be retained for as long as is reasonably necessary for the purposes listed above or as required by applicable local law. Please contact us for further details of applicable retention periods. 6.2 We may keep an anonymized form of your personal information, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so. 7. IP ADDRESSES AND COOKIES 7.1 We may collect information about your computer, mobile phone, personal electronic device, and all other similar electronic or mobile devices, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not show personal details that identify you. 7.2 For the same reason, we may obtain information about your general internet usage by using a cookie file that is stored on the hard drive of your computer. Cookies are small pieces of information (e.g., cookies, web beacons, pixels, gifs tags or other similar technologies) sent by a web server to a web browser that allow the web server to recognize the web browser. This operates as a piece of data stored on your browser or device, or may identify, compile, aggregate and/or collect information through other means. They help us to improve our Website and to deliver a better and more personalized service. They enable us: 7.2.1 To estimate our audience size and usage pattern. 7.2.2 To store information about your preferences, and so allow us to customize our Website according to your individual interests. 7.2.3 To speed up your searches. Attachment D Page 29 of 471 Page 445 of 1515 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 446 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 11.1 If you have any questions, need further information about our privacy practices, or would like to let us know that your details require updating, please contact us at privacyinguiri esL& extremenetworks. com. 11.2 You may also have the right to complain to a data protection authority if you think we have processed your personal information in a manner that is unlawful or breaches your rights. If you have such concerns, we request that you initially contact us (at the email address provided above) so that we can investigate, and hopefully resolve, your concerns. LAST UPDATED: MAY 2018 Attachment D Page 31 of 471 Page 447 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 6 Annex 1 — Processing of Customer Personal Data 1. You warrant that You are the data controller in respect of the Personal Data, or that You are authorized by the data controller to issue instructions to Extreme under this Agreement in respect of such data. 2. You shall comply with Your obligations under the Data Protection Law in respect of the Personal Data (including Your provision to, or making it available for collection by, Extreme), and shall ensure that Your instructions to Extreme do not result in processing in breach of the Data Protection Law. The categories of Customer Personal Data to be processed by Extreme and the processing activities to be performed under this Annex are set out in the relevant Service Specifications. 3. Subject at all times to Your obligations under the Agreement, Extreme undertakes to: a) only process Customer Personal Data in accordance with Your documented instructions, unless required to do otherwise by applicable law. In which event, Extreme shall inform You of the legal requirement before processing Customer Personal Data other than in accordance with Your instructions, unless that same law prohibits Extreme from doing so on important grounds of public interest; b) implement appropriate technical and organizational measures to protect any Customer Personal Data processed by it against unauthorized and unlawful processing and against accidental loss, destruction, disclosure, damage or alteration; c) ensure those of Extreme's personnel who are involved in processing the Customer Personal Data are bound by appropriate obligations of confidentiality; d) inform the Customer promptly, and in any event within seven (7) days, if Extreme receives (i) a request from a data subject to have access to his/her Customer Personal Data; or (ii) a complaint or request relating to Your obligations under the Data Protection Law; e) taking into account the nature of the processing and the information available to You, provide You with reasonable assistance in ensuring compliance with Your obligations under the Data Protection Law in relation to security, data breach notification, data protection impact assessments, prior consultation, audits and inspections, where applicable from time to time; f) make available to You (or Your third parry appointees bound by appropriate obligations of confidentiality) such records as You may reasonably require to demonstrate compliance by Extreme with Your obligations; and g) within fourteen (14) days following termination of the Agreement, Extreme shall, at Your direction: (i) return all Customer Personal Data to You; or (ii) destroy all such Customer Personal Data unless prohibited from doing so by any applicable law. Attachment D Page 32 of 471 Page 448 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 4. Subject to any provisions of the Agreement to the contrary, Extreme shall not appoint any third parry to process the Customer Personal Data ("Subprocessor") other than: (a) with Your prior consent; and (b) by way of a written agreement with the Subprocessor which imposes equivalent obligations in relation to the security of the processing on the Subprocessor as are imposed on Extreme under this Annex. You warrant that You generally consent to Extreme appointing a Subprocessor, provided that Extreme informs You of any intended changes concerning the addition or replacement of other Subprocessors, and gives You an opportunity to object to such changes on reasonable grounds. 5. You hereby consent to the Customer Personal Data being processed anywhere in the world throughout the duration of this Agreement, subject to Extreme's continued compliance with this Section 5. However, to the extent that any Customer Personal Data to which the Data Protection Law of the European Economic Area (EEA) applies is processed outside the EEA, the terms of the transfer shall be governed by the EU Standard Contractual Clauses for the transfer of Customer Personal Data to processors attached as the Schedule to this Agreement, which are hereby incorporated into this Agreement and which shall prevail to the extent of any conflict with this Agreement. Schedule: Standard Contractual Clauses For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection Name of the data exporting organisation: ........................................................................ Address: ................................................................................................................... Tel.........................................fax....................................; e-mail: ......................................... Other information needed to identify the organisation (the data exporter) And Name of the data importing organisation: ........................................................................ Address: ......................................................................................................... ......... Tel . ........................................ : fax ....................................; e- mail: ....................................... - mail:....................................... Attachment D Page 33 of 471 Page 449 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Other information needed to identify the organisation: ............................................................................................. ............................................................................................. ............................................................................................. (the data importer) each a `parry'; together `the parties', HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1. Clause 1 Definitions For the purposes of the Clauses: (a) `personal data', `special categories of data', `process/processing', `controller', `processor', `data subject' and `supervisory authority' shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data -('I; (b) `the data exporter' means the controller who transfers the personal data; (c)`the data importer' means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country's system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC; (d)`the sub -processor' means any processor engaged by the data importer or by any other sub - processor of the data importer who agrees to receive from the data importer or from any other sub -processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract; (e)`the applicable data protection law' means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established; (f) `technical and organizational security measures' means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, Attachment D Page 34 of 471 Page 450 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. Clause 2 Details of the transfer The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses. Clause 3 Third -party beneficiary clause 1 . The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to 0), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third - parry beneficiary. 2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. 3. The data subject can enforce against the sub -processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third -party liability of the sub -processor shall be limited to its own processing operations under the Clauses. 4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law. Clause 4 Obligations of the data exporter The data exporter agrees and warrants: (a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection Attachment D Page 35 of 471 Page 451 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State; (b) that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporter's behalf and in accordance with the applicable data protection law and the Clauses; (c) that the data importer will provide sufficient guarantees in respect of the technical and organizational security measures specified in Appendix 2 to this contract; (d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation; (e) that it will ensure compliance with the security measures; (f)that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC; (g) to forward any notification received from the data importer or any sub -processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension; (h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for sub -processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information; (i) that, in the event of sub -processing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and 0) that it will ensure compliance with Clause 4(a) to (i). Clause 5 Obligations of the data importer 0) The data importer agrees and warrants: (a)to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract; (b)that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the Attachment D Page 36 of 471 Page 452 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract; (c)that it has implemented the technical and organizational security measures specified in Appendix 2 before processing the personal data transferred; (d)that it will promptly notify the data exporter about: (i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation; (ii) any accidental or unauthorized access; and (iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorized to do so; (e)to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred; (f) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority; (g)to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub -processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter; (h)that, in the event of sub -processing, it has previously informed the data exporter and obtained its prior written consent; (i) that the processing services by the sub -processor will be carried out in accordance with Clause 11; 0) to send promptly a copy of any sub -processor agreement it concludes under the Clauses to the data exporter. Clause 6 Liability 1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any parry or sub -processor is entitled to receive compensation from the data exporter for the damage suffered. 2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub -processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any Attachment D Page 37 of 471 Page 453 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a sub -processor of its obligations in order to avoid its own liabilities. 3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub -processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub - processor agrees that the data subject may issue a claim against the data sub -processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses. Clause 7 Mediation and jurisdiction 1. The data importer agrees that if the data subject invokes against it third -parry beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject: (a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority; ( b) to refer the dispute to the courts in the Member State in which the data exporter is established. 2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law. Clause 8 Cooperation with supervisory authorities 1 . The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law. 2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law. 3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any sub -processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b). Clause 9 Attachment D Page 38 of 471 Page 454 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Governing law The Clauses shall be governed by the law of the Member State in which the data exporter is established, namely ... Clause 10 Variation of the contract The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause. Clause 11 Sub -processing 1 . The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub -processor which imposes the same obligations on the sub -processor as are imposed on the data importer under the Clauses �31. Where the sub -processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub -processor's obligations under such agreement. 2. The prior written contract between the data importer and the sub -processor shall also provide for a third -parry beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third -party liability of the sub -processor shall be limited to its own processing operations under the Clauses. 3. The provisions relating to data protection aspects for sub -processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established, namely ... 4. The data exporter shall keep a list of sub -processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 50), which shall be updated at least once a year. The list shall be available to the data exporter's data protection supervisory authority. Clause 12 Obligation after the termination of personal data-processing services 1 . The parties agree that on the termination of the provision of data-processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal Attachment D Page 39 of 471 Page 455 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore. 2. The data importer and the sub -processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data-processing facilities for an audit of the measures referred to in paragraph 1. On behalf of the data exporter: Name (written out in full): .......................................... Position: ............................................................... Address: ............................................................... Jther mtormation necessary in order for the contract to be bmdmg (it Signature ... ' t r 1 e � a � On behalf of the data importer: Name (written out in full): ......................................... Position: ............................................................... Address: ................................................................ Other information necessary in order for the contract to be bindinz (if ignature ... 'j Parties may reproduce definitions and meanings contained in Directive 95/46/EC within this Clause if they considered it better for the contract to stand alone. Mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard Attachment D Page 40 of 471 Page 456 of 1515 r "" � e. R t � b 0 e 1 w+ ignature ... 'j Parties may reproduce definitions and meanings contained in Directive 95/46/EC within this Clause if they considered it better for the contract to stand alone. Mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard Attachment D Page 40 of 471 Page 456 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. national security, defense, public security, the prevention, investigation, detection and prosecution of criminal offences or of breaches of ethics for the regulated professions, an important economic or financial interest of the State or the protection of the data subject or the rights and freedoms of others, are not in contradiction with the standard contractual clauses. Some examples of such mandatory requirements which do not go beyond what is necessary in a democratic society are, inter alfa, internationally recognized sanctions, tax -reporting requirements or anti -money-laundering reporting requirements. 21 This requirement may be satisfied by the sub -processor co-signing the contract entered into between the data exporter and the data importer under this Decision. Appendix 1 to the Standard Contractual Clauses Data exporter The data exporter is the end customer for whom the data importer is providing the relevant services (whether the end customer acquires the services through a partner or directly from Extreme). Data importer The data importer is Extreme Networks, Inc. Data subjects The personal data transferred concern the following categories of data subjects: For ExtremeCloud, see http://bit.1y/2s7zadf For ExtremeLocation, see ham://bit.ly/2x5IwLd For ExtremeWorks, see http://bit.1y/2s7Hn1h For Managed Services, see ham://bit.1y/2ICaUWL Categories of data The personal data transferred concern the following categories of data: For ExtremeCloud, see http://bit.1y/2s7zadf For ExtremeLocation, see ham://bit.ly/2x5IwLd For ExtremeWorks, see http://bit.1y/2s7Hn1h For Managed Services, see ham://bit.1y/2ICaUWL Attachment D Page 41 of 471 Page 457 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Special categories of data (if appropriate) The personal data transferred concern the following special categories of data (please specify): N/A Processing operations The personal data transferred will be subject to the following basic processing activities (please specify): For ExtremeCloud, see http://bit.ly/2s7zadf For ExtremeLocation, see http://bit.1y/2x5IwLd For ExtremeWorks, see http://bit.ly/2s7Hnlh For Managed Services, see http://bit.1y/2IQaUWL Appendix 2 to the Standard Contractual Clauses General Controls & Governance Extreme Networks takes a comprehensive approach to Information Security, including data protection and SDLC. The tone is set from the top with an executive sponsored InfoSec Steering Committee whose responsibilities include policy oversight, incident response review, strategy alignment, and performance management. The governing body has representation from all key business functions. Access All access is controlled by a centrally -integrated UAM ecosystem driven by HR. All access is based on a "least privileged" basis down to the role level within applicable applications. Any access to a system, part of a system, or data is strictly controlled on a "needs only" basis in association with the person's role and responsibilities within the organization. All access control principles are detailed in our Information Security Policies and guidelines. These policies cover prohibited acts, such as copying, reading and access of any data that is not directly connected to the person's role. All access to systems, as stated previously, is controlled per role. Shared accounts are strictly prohibited. Application logging is used as applicable. Attachment D Page 42 of 471 Page 458 of 1515 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 459 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 7 Service Descriptions ExtremeWorks" Maintenance Services Full access to around-the-clock, direct support for any network issue that comes your way. Your network is the backbone that supports the life of your business, and in the always -on, digitally driven business environment of today, there is no negotiating when it comes to staying connected. The network is now considered not only a required business function, but a generator of RCM. The hardware running in your network, especially within the core is critical to its functionality, and if you experience a failure, your maintenance agreement determines how quickly you'll be back up and running. Break -fix problems cannot be prevented entirely, but when they happen, they do not have to halt business operations. Your business deserves always available support to guarantee you can deliver services at the speed of business around-the-clock. ExtremeWorks Maintenance Services is a comprehensive break -fix organization that provides full access to support no matter the problem you are experiencing with the hardware you are running; from configuration assistance to failure. If you find that a product you are working with is faulty, your maintenance agreement entitles you to next -business day delivery of your replacement part. ExtremeWorks also ensures that you are able to download and install the latest, most advanced software for your network devices until the end of service life. At Extreme Networks, there are no boundaries for solving customer problems. In the event of the unexpected, we work together effectively with all departments to minimize disruption and maximize productivity. ExtremeWorks Maintenance Services ensures that your business has full access to network support around-the-clock, no matter what issues arise. Here's what you can expect: • Award-winning technical assistance available nonstop • Software updates and upgrades • Multiple time -based hardware replacement options • Web support • Complete ExtremeWorks knowledge base • Next Business Day (NBD) delivery for faulty product replacement Why You Need ExtremeWorks Maintenance Services Attachment D Page 44 of 471 Page 460 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. First Person Resolution With Extreme Networks, opening up a case won't send you on a multi -tiered hunt for technical answers, and you should never have to repeat the problem you are experiencing. ExtremeWorks provides constant forward movement on network issues. Better than 90% of cases are resolved with the first technical specialist who answers your call, eliminating the frustration of being transferred from representative to representative. Most Extreme Networks support centers sit beside the original builders of our products. In many cases, the builders and inventors of Extreme features and functions are within close proximity of the support organization, making it easy to gain an in-depth view of a potential issue with faster resolution. Proven Method for Skills -based Routing Extreme customer satisfaction is consistently measured between 92-95% globally, largely due to our proven method for skills -based routing. When you call support, we are going to connect you with an engineer who has expertise with the technology you are experiencing an issue in and can solve your problem fast. Full Visibility into Cases, Constant Contact with Key Stakeholders When it comes to support, we believe in total transparency. When you open a case, support receives that case in their queue as does your account representative. All key stakeholders you are in contact with are aware of your obstacles, keeping open communication across teams. Further, the minute you're connected with a support specialist, at their fingertips, they have the ability to review all of your open cases, giving them a holistic perspective of issues you may be Choose ExtremeWorks Maintenance Services to stay on top of your network and ensure problem resolution is achieved as quickly as possible. When you choose Extreme, you choose partnership, built on 100% in -sourced support engineering expertise to solve your most pressing networking challenges. If the unexpected strikes, a cross -functional Extreme Networks team will be there. Protect the core of your network with ExtremeWorks Maintenance Services. Attachment D Page 45 of 471 Page 461 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks' AHR Service J'0 Service Overview Extreme Networks Advanced Hardware Replacement Services offerings provide technical support, update and/ or upgrade support, and advanced parts replacement for Covered Products (as defined herein) according to particular levels of purchase. Upon diagnosis of a reported failure, service offerings cover the replacement part arrival within the response time specified for the service level purchased, subject to the conditions defined herein. Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC") 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks hardware and Operational Software. 2,0 Service I,evels ExtremeWorks Advanced Hardware Replacement Services are available with the following response times depending upon the offering purchased Service Order Code Service Levels FRU Response Time* ExtremeWorks NBD Next Business 97004 Advanced Day Hardware Replacement ExtremeWorks 4 Hour 97007 Advanced 24x7 ® 4 Hours Hardware Replacement *M�),onosk p)nd lwiiNoshoodng ��oqiihod Io udonffly flic 1'pIiflly Fokl Roc flp)co,)No TJ dl ("FRLJ") Io bo ��onflp)cod nuisl bo coniflolod �)�m Io ��oqiiosflng flic ��onflp)conionl FRLJ, Tho �.Os)Onso ImIc unm� vpd suuls pMll'mflic (--ATA(' v,)h(h)los flic ciislonio�`s ��oqiiosl aonfl,)conionl FRLJ p)nd p)ssugns p)n RMA nimibo, 3,0 Avaflal)flity ExtremeWorks Advanced Hardware Replacement Services, contracted for a defined period, are available globally from key business locations, subject to the conditions herein. Please refer to Appendix A for addition information on availability and restrictions by geography. Attachment D Page 46 of 471 Page 462 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 4,0 Deliveralfles, a web account and are only available for Covered Each ExtremeWorks Advanced Hardware Product that is registered and subject to Extreme's Replacement Service offer includes the following 0 GTAC Technical Support — 24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks hardware and Operational Software to conform to published documentation on Covered Products. 0 Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions or immediate concerns associated with the service quality on Covered Products. Please see Appendix B for additional detail. 0 Advanced Shipment — Extreme Networks provides for the advanced shipment of FRUs to the customer's contracted sites within the contract response time on Covered Products. A request for a replacement FRU is validated by GTAC and a Return Material Authorization (RMA) number is assigned. Extreme Networks will pick, pack and dispatch the replacement FRU using a commercial delivery service to make the delivery to the customer's contracted site. The replacement FRU will be delivered within the contracted response time, subject to the regional restrictions, response times, and diagnostic requirements identified in Appendix A. Operational Software Updates and Upgrades — Customer is entitled to receive any Operational Software or Operational Software upgrades that Extreme Networks may develop and generally release on Covered Products. Operational Software is defined as embedded software that is required to operate an Extreme Networks network device and is offered for sale as an inclusive component of such hardware network device product as described in Extreme standard published product documentation and support/ maintenance entitlements. Use of Operational Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. NOTL- Siif)n)on fu�A))hcp)Jon Sof w,puo f)wdllcts., unchidng siibsc6)Jon Io anchido onddonictil Io nu)jm ,)nd ndnm ��oVo,)sos offfic An)n)hcp)Jon Sof wpuo n)wdiicts., puo enol fnchidod wWi dic BnonioWods Adv,)ncod I hudwo Roc flp)conionl So��6cos, Siibsc��uf)Jon p)nd sii)n)on fuA))hc,)Jon Softwpuo nuisl bo mdood so),�)n�)Iofy vu,) Bnonio\Vod�s Softw�uo Siibsc��)Jon so�6cos offonngs p)s fiudio�n)iibhshod fu�� un p)ccm(hmco wWi Bnonio Nolwo�Is' dion ciuonl P6co Lkl (ciuuondy cp)Iogo6zod p)s mdocoda 9700 0 Access to Extreme Networks' Customer Support Website — which may include, but is not limited to (i) status review of known hardware and software problems (ii) access to technical documentation (iii) ability to log a case (iv) status view of outstanding RMAs. 5,0 Flxtrenie Networks lZesponsil)flities Extreme Networks is responsible for: 0 Assisting with fault diagnosis required to identify the FRU to be replaced and to occur prior to assignment of the RMA number. 0 Assigning an RMA number to each FRU to be replaced and notifying the customer of the relevant Networks' published price list applicable to such 0 Shipping an replacement FRU on an advance hardware product ( "Covered Product"). Operational exchange basis to the customer's location per the Software updates and upgrades may be obtained applicable availability and restrictions in Appendix A. through Extreme Networks' Website after establishing Attachment D Page 47 of 471 Page 463 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks will measure and categorize current list price. Failure to return defective parts in a by the customer based on the impact on the network ;w,nd in zccord;wuce with the cl;wssific;wtion definitions contained in Appendix B. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. 0 If Extreme Networks diagnoses that a reported problem is due to non-conformance to published specifications of a supported Operational Software version, then Extreme Networks will provide any Operational Software fix for the reported non-conformance available at the time the problem is reported, provided that customer is running on a version of Operational Software that is currently supported, as identified in the Extreme Networks Product End of Life Policy. 6,0 ().,�stonier lZesponsil)flities The Customer is responsible for: 0 Advising Extreme Networks, in writing, of any change of location for Covered Products to ensure proper dispatch and delivery. Ensuring that all covered hardware is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that hardware from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Returning the defective FRU to an authorized timely manner may result in the suspension of future advance hardware replacement service delivery from Extreme Networks. 0 Providing, at Customer's expense, reasonable access to the Product through the Internet or via modem to establish a data communication link between Customer and the Extreme Networks GTAC engineer. In addition, customer must provide systems' passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Using all reasonable efforts to maintain software products major releases installed at sites at the most current release level. 0 Using the versions of Operational Software currently supported by Extreme Networks. If the Operational Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if available. TO AsstniptiotlS The following assumptions govern the delivery of ExtremeWorks Advance Hardware Replacement Service: 0 Extreme Networks will make commercially reasonable efforts to ship, at its expense, a replaceable hardware FRU to arrive at the customer's designated location within the specified time frame and based on the parameters indicated in Appendix A. In certain Extreme Networks repair facility. In the event that geographies, the customer may be responsible for the you fail to return the defective FRU within ten (10) cost of importing replacement product, including business days of receipt of the replacement FRU, customs and duty fees. Please consult with Extreme Extreme Networks reserves the right to invoice you Networks or your authorized Extreme Networks for such product or product component based on the Attachment D Page 48 of 471 Page 464 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Services Partner to learn whether your location is included. 0 For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. 0 FRU delivery is subject to the hours of coverage and response times as identified in Appendix A. 0 If the customer's Operational Software is a version that is not currently supported, and the non- conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Operational Software other than those currently supported in accordance with Extreme Networks' Product 0 End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all nonconformance of the Operational Software can be corrected. 0 Operational Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Operational Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are as posted here. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 Unless required for operational reasons and elsewhere agreed between the customer and Extreme Networks, the replacement FRU will be at the then - current minimum hardware, software and software release levels as published by Extreme Networks. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit packs, software and all other supportable components within the system configuration. 8,0 Flxch,usions The following are completely out of the scope of ExtremeWorks Advance Hardware Replacement Services entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to charge for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, fire, flood, water, wind, lightening or other acts of God, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas and consumable items. Extreme Networks shall only be obligated to support the then -current revision of the Products and the Attachment D Page 49 of 471 Page 465 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc immediately prior revision. Support for any earlier 0 This service offering and any subsequent versions or for other problems not covered under the service renewals are subject to the terms and Services may be obtained at then -current rates for conditions of Extreme Networks Product End of Life special technical services and on Extreme Networks and Support Plan End of Life policy. then -current terms and conditions for such services, 0 New releases and upgrades for Application subject to acceptance by Extreme Networks. Software, or software releases, updates or upgrades 0 Extreme Networks will have no liability or otherwise outof-scope as defined herein. obligations for failure of the products to conform to published specifications resulting from the combination of the products with any third -party hardware or software not authorized in Extreme Networks published documentation or when caused by customer's inability to use the products if the products are operating substantially in accordance with published specifications. 0 Service availability is subject to geographical limitations, as advised by Extreme Networks upon request. Extreme Networks will have no obligation to meet the response times outlined in the Appendix A if the customer's site is outside of the geographical zone of service availability. If the customer purchases this service for locations outside Extreme Networks advised geographical limitations, Extreme Networks will be required only to use commercially reasonable efforts to replace FRUs as soon as practical after receipt of a request from the customer. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 Labor charges for reinstalling the customer's system Operational Software (operational or application) or end user configuration software, other than what is provided in the customer's backup copy, are not included within the scope of this service. This is a separately charged and scheduled activity. 0 This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 Unless elsewhere agreed in writing between the customer and Extreme Networks in a separate contract, this service does not include root -cause analysis, the provision of fault reports or lead-time/ performance metrics. Attachment D Page 50 of 471 Page 466 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A ExtremeWorks Advance Hardware lzepjacerrent Services Deliveralfles, Extreme Networks will make commercially reasonable efforts, at its expense (excluding any and all duties, taxes or government imposed fees if applicable) to see that the replacement hardware FRU arrives at the customer's designated location within the specified time period based upon the system's Response Service Level following completion of diagnostics and the assignment of an RMA Number. Extreme Networks will have no obligation to meet the response times outlined in the appropriate ExtremeWorks Service Description if the customer's site is outside the geographical zone of service availability. Extreme Networks is not responsible for any delays related to import/export or customs regulations or processes, or uncontrollable transportation issues including inability of the customer to allow the actual delivery of services. Delivery targets for RMA's including but not limited to oversized/heavy weight items may fall outside the posted SLA. A current list of Extreme authorized servicing depots that correspond to the defined ExtremeWorks services offerings, including expected delivery response, is defined below. Next Business Day Where Next Business Day Advanced Hardware Replacement Services is available, Extreme Networks must process the RMA relating to the defective product per the Advanced Exchange RMA Times section of the Extreme Networks Service Availability Matrix, Monday through Friday, in order to deliver the replacement product to your site, by the end of day of the Next Business Day. Otherwise Second Business Day delivery will be provided for RMA's approved after the time indicated. Next Business Day delivery is generally available in these geographical locations: • North America: United State and Canada • EMEA: Most European Union Countries, Switzerland and South Africa • LATAM: Argentina, Brazil, Columbia, Mexico • APJC: Australia, China, India, Japan, Philippines MOOT- No)so chocic ffio Lxnonio Nolwml�s Soa6co Av)u�p)Nhly M,p)16x fu�oc,)Jons nu)y bo oxchidod, Where Next Business Day delivery of the part is not available, Advanced Hardware Replacement will ship on the same business day provided Extreme Networks processed the RMA relating to the defective product per the Advanced Exchange RMA Times section of the Extreme Networks Service Availability Matrix, Monday Attachment D Page 51 of 471 Page 467 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. through Friday in order to ship the replacement product to your site, otherwise Next Business Day shipment will be provided for RMA's processed after the time indicated. Estimated delivery times to country are available via the Extreme Networks IYIL]X. 4 Hour 4 Hour Advanced Hardware Replacement Service is only available to you within one hundred (100) miles (160 kilometers) of an Extreme Networks parts depot. All 4 Hour support contracts require customer site location pre approval from Extreme Networks before Extreme Networks will accept a purchase order for the applicable 4 Hour support plan. Email IV, sfor confirmation of service delivery availability. Extreme Networks provides parts at customer's designated location provided that Extreme Networks has validated a Hardware failure and a Return Material Authorization (RMA) number has been assigned. Four -Hour Advanced Hardware Replacement response is available twenty-four (24) hours per day, seven (7) days per week, including Extreme Networks observed holidays. Please work with your regional service sales manager to determine coverage. Appendix B Case Severity and Escalation Guidelines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Attachment D Page 52 of 471 Page 468 of 1515 Restore time Update Case Priority Response Time (Software fix or Frequency workaround) Attachment D Page 52 of 471 Page 468 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. C1: Customer's network segment or Cl — Critical C2 — High Priority C3 — Medium Priority management application is down or Immediate Immediate Immediate experiencing a consistent, measurable 15 minutes 4 hours Up to 4 hours performance impact with no Immediate 48 hours 10 days immediate resolution available 2 hours 72 hours 20 days C2: Customer's network is experiencing 4 hours None None intermittent failure or degradation of network or I hour I day Daily management application. C3: Customer has issues that do not affect normal network or management application operation 8 hours 10 days 5 days and/or questions concerning product function or use. C4: Submission of a product enhancement /new Immediate N/A N/A feature request Acknowledgment If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty Additional information on GTAC processes and procedures can be found at the Services tab from the Extreme. Networks home page. stq)pon, 1,ik, Cycle Coninnulicatiotl Matrix Notification Levels Cl — Critical C2 — High Priority C3 — Medium Priority Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 days Director, Global Technical Services Immediate 48 hours 10 days Vice President, Global Technical Services 2 hours 72 hours 20 days Executive Management (CTO/EVP Eng) 4 hours None None Attachment D Page 53 of 471 Page 469 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks('Return and Replace Service J'0 Service Overview Extreme Networks Return and Replace Service offering provides technical support, update and/or upgrade support, and return -to- factory parts replacement for Covered Products (as defined herein) Upon diagnosis of a reported failure, the service offering covers the replacement part within the response time specified, subject to the conditions defined herein. Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC") 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks hardware and Operational Software. 2,0 Service gvels ExtremeWorks Return and Replace Service is available with the following response times: Service Order Service Levels Response Code Time* ExtremeWorks 10 business 97001 Parts Return day from and Replace receipt M�),onosk p)nd lwiiNoshoodng ��oqiih�od Io udonffly flic 1'pIiflly Fokl Ronflp)co,)No Lhdl ("FRLJ") Io bo ��onflp)cod nuisl bo coni�flolod n)�m Io ��oqiiosflng flic ��onflp)conionl FRLJ, Tho �.os)onso Jnio suuls ,ffm��oc6)I ofdofocfivo indl by Lxu:onio Notwods, 3,0 Availability ExtremeWorks Return and Replace Service, contracted for a defined period, are available globally from key business locations, subject to the conditions herein. Please refer to Appendix A for addition information on availability and restrictions by geography. 4,0 Deliverables, ExtremeWorks Return and Replace Service offering includes the following: 0 GTAC Technical Support —24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks hardware and Operational Software to conform to published documentation on Covered Products. 0 Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions or immediate concerns associated with the service quality on Covered Products. Please see Appendix B for additional detail. 0 Return and Replace Service — provides customers the opportunity to return their defective part to Extreme Networks. A request for a replacement FRU is validated by GTAC and a Return Material Authorization (RMA) number is assigned. Within ten (10) business days of receipt of such defective product, Extreme Networks will ship a like or equivalent part back to the customer. Attachment D Page 54 of 471 Page 470 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 0 Operational Software Updates and Upgrades — Customer is entitled to receive any Operational Software or Operational Software upgrades that Extreme Networks may develop and generally release on Covered Products. Operational Software is defined as embedded software that is required to operate an Extreme Networks network device and is offered for sale as an inclusive component of such hardware network device product as described in Extreme Networks' published price list applicable to such hardware product ("Covered Product"). Operational Software updates and upgrades may be obtained through Extreme Networks' Website after establishing a web account and are only available for Covered Product that is registered and subject to Extreme's standard published product documentation and support/maintenance entitlements. Use of Operational Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. NOTE: Support for Application Software products, including subscription to include entitlement to major and minor releases of the Application Software products, if available, are not included with the ExtremeWorks Return and Replace Service. Subscription and support for Application ExtremeWorks Return and Replace Service - SDD 2 Software must be ordered separately via ExtremeWorks Software Subscription services offerings as further published for availability in accordance with Extreme Networks' then -current Price List (currently categorized as order code 97003). 5,0 Flxtrenie Networks lZesponsil)flities Extreme Networks is responsible for: 0 Assisting with fault diagnosis required to identify the FRU to be replaced and to occur prior to assignment of the RMA number. 0 Assigning an RMA number to each FRU to be replaced and notifying the customer of the relevant RMA numbers. 0 Extreme Networks will measure and categorize the case priority level of software problems reported by the customer based on the impact on the network and in accordance with the classification definitions contained in Appendix B. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. 0 If Extreme Networks diagnoses that a reported problem is due to non-conformance to published specifications of a supported Operational Software version, then Extreme Networks will provide any Operational Software fix for the reported non-conformance available at the time the problem is reported, provided that customer is running on a version of Operational Software that is currently supported, as identified in the Extreme Networks Product End of Life Policy. Shipping a repaired or replacement FRU (feature, function and fit compatible) within 10 business days of receipt of the defective FRU at an Extreme Networks facility if the purchased service is Return and Replace. Return shipment of repaired or replaced FRU to the customer's designated location will be included with this SDD. Attachment D Page 55 of 471 Page 471 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 6,0 ()., stonier lZesponsil)flities The Customer is responsible for: 0 Advising Extreme Networks, in writing, of any change of location for Covered Products to ensure proper dispatch and delivery. 0 Ensuring that all covered hardware is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that hardware from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Providing, at Customer's expense, reasonable access to the Product through the Internet or via modem to establish a data communication link between Customer and the Extreme Networks GTAC engineer. In addition, customer must provide systems' passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Requesting technical assistance from Extreme Networks in diagnosing a fault prior to requesting parts replacement. 0 Using all reasonable efforts to maintain Operational Software products major releases installed at sites at the most current release level. 0 Using the versions of Operational Software currently supported by Extreme Networks. If the Operational Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if available. TO AsstniptiotlS The following assumptions govern the delivery of ExtremeWorks Return and Replace service: 0 Acknowledging that the customer's right to use the Operational Software releases is subject to the software licensing terms of the applicable purchas ing/li c en sing agreement under which the customer purchased/ licensed its products from Extreme Networks, and any associated terms and conditions contained therein. 0 Extreme Networks will make commercially reasonable efforts to ship, at its expense, a replaceable hardware FRU to arrive at the customer's designated location within the specified time frame and based on the parameters indicated in Appendix A. In certain geographies, the customer may be responsible for the cost of importing replacement product, including customs and duty fees. Please consult with Extreme Networks or your authorized Extreme Networks Services Partner to learn whether your location is included. For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. If the customer's Operational Software is a version that is not currently supported, and the non- conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Operational Software other than those currently supported in accordance with Extreme Networks' Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all nonconformance of the Operational Software can be corrected. Attachment D Page 56 of 471 Page 472 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 0 Parts Repair and FRU delivery is subject to the hours of coverage and response times as identified in Appendix A. 0 Operational Software products major releases and upgrades are provided for distribution only to the customer for use on or with the Extreme Networks supplied products on which they operate, in accordance with the Extreme Networks published specifications. 0 Operational Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Operational Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are in included as Exhibit 4as posted here. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 Unless required for operational reasons and elsewhere agreed between the customer and Extreme Networks, the replacement FRU will be at the then - current minimum hardware, software and software release levels as published by Extreme Networks. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit packs, software and all other supportable components within the system configuration. 8,0 FAchisions, The following are completely out of the scope of ExtremeWorks Return and Replace Service entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to change for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, fire, flood, water, wind, lightening or other acts of God, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas and consumable items. 0 Extreme Networks shall only be obligated to support the then -current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered under the Services may be obtained at then -current rates for special technical services and on Extreme Networks then -current terms and conditions for such services, subject to acceptance by Extreme Networks. 0 Extreme Networks will have no liability or obligations for failure of the products to conform to published specifications resulting from the combination of the products with any third -party hardware or software not authorized in Extreme Networks published documentation or when caused by customer's inability to use the products if the products are operating substantially in accordance with published specifications. 0 Service availability is subject to geographical limitations, as advised by Extreme Networks upon request. Extreme Networks will have no obligation to meet the response times outlined in the Appendix A if the customer's site is outside of the geographical zone of service availability. If the customer purchases Attachment D Page 57 of 471 Page 473 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. this service for locations outside Extreme Networks Appendix A ll ear rti and lZeplace Deliveralfles, advised geographical limitations, Extreme Networks Extreme Networks will make commercially will be required only to use commercially reasonable reasonable efforts, at its expense (excluding any and efforts to replace FRUs as soon as practical after receipt of a defective product from the customer. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 Labor charges for reinstalling the customer's system Operational Software (operational or application) or enduser configuration software, other than what is provided in the customer's backup copy, are not included within the scope of this service. This is a separately charged and scheduled activity. This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 This service offering and any subsequent service renewals are subject to the terms and conditions of Extreme Networks Product End of Life and Support Plan End of Life policies. New releases and upgrades for Application Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. 0 Unless elsewhere agreed in writing between the customer and Extreme Networks in a separate contract, this service does not include root -cause analysis, the provision of fault reports or lead- time/performance metrics. all duties, taxes or government imposed fees if applicable) to see that the replacement hardware FRU arrives at the customer's designated location within the specified time period based upon the system's Response Service Level following completion of diagnostics and the assignment of an RMA Number. Extreme Networks will have no obligation to meet the response times outlined in the appropriate ExtremeWorks Service Description if the customer's site is outside the geographical zone of service availability. Extreme Networks is not responsible for any delays related to import/export or customs regulations or processes, or uncontrollable transportation issues including inability of the customer to allow the actual delivery. A current list of Extreme authorized servicing depots that correspond to the defined ExtremeWorks services offerings, including expected delivery response, defined herein is available on Extreme Networks MIM For Products covered with Return and Replace level of service, the customer pays for the return freight of the product to Extreme Networks, including any applicable taxes, duties and custom fees. Extreme Networks pays the freight of the unit shipped to the customer, excluding any applicable taxes, duties and custom fees. Attachment D Page 58 of 471 Page 474 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix 13 Case Severity and FlIscalation O"ddelines, Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Service 1'evel 01),jectives, Matrix Restore Time Update Case Priority Response Time (Software Fix or Frequency Workaround) C1: Customer's network segment or management Cl - Critical C2 - High Priority C3 - Medium Priority application is down or experiencing a consistent, 15 Minutes 4 Hours Up to 4 hours measurable performance impact with no Immediate Immediate 10 Days immediate resolution available Immediate 48 Hours 10 Days C2: Customer's network is experiencing intermittent 2 Hours 72 Hours 20 Days failure or degradation of network or management I Hour I Day Daily application. C3: Customer has issues that do not affect normal network or management application operation 8 Hours 10 Days 5 Days and/or questions concerning product function or use. C4: Submission of a product enhancement /new Immediate N/A N/A feature request Acknowledgement If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty. Additional information on GTAC processes and procedures can be found at the Services tab from the Extreme Networks home page. stq)pon, 1,ik, Cycle Coninnulication Matrix Notification Levels Cl - Critical C2 - High Priority C3 - Medium Priority Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 Days Director, Global Technical Services Immediate 48 Hours 10 Days Vice President, Global Technical Services 2 Hours 72 Hours 20 Days Executive Management (CTO/EVP Eng) 4 Hours None None Attachment D Page 59 of 471 Page 475 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks OnSite Service 1,0 Service Overview Extreme Networks On-site Services offerings provide technical support, update and/or upgrade support, and advanced parts replacement with on-site labor for Covered Products (as defined herein) according to particular levels of purchase. Upon diagnosis of a reported failure, services offerings cover the replacement part and an on-site field technician arrival within the response time specified for the service level purchased, subject to the conditions defined herein. Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC") 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks hardware and Operational Software. 2,0 Service I,evels following response times depending upon offering purchased:* Service Order Service Levels Response Time Code ExtremeWorks Next Business 97011 Onsite Next Day Business Day ExtremeWorks 97008 Onsite — 24x7 24x7 - 4 Hours 4 Hours *M�),onosk �)nd lwiiNoshoodng �oqiihod Io �dondfy flic 1'pIiflly Fokl Roc flp)co,)No Lhdl ("FRLJ") Io bo �o�fl,�)cod nuisl bo coni�flolod �)�m Io �oqiiosflng flic pffmflic (-'iTA(' v,)h(h)los flic ciislonio�`s ��oqiiosl fup. ��onflp)conionl FRLJ p)nd p)ssgn p)n RMA nimibo�, 3,0 Avaflal)flity ExtremeWorks On-site Services, contracted for a defined period, are available globally from key business locations, subject to the conditions herein. Please refer to Appendix A for addition information on availability and restrictions by geography. 4,0 Deliveralfles, Each ExtremeWorks On-site Services offering includes the following: 0 GTAC Technical Support — 24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks hardware and Operational Software to conform to published documentation on Covered Products. 0 Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions or immediate concerns associated with the service quality on Covered Products. Please see Appendix B for additional detail. 0 Advanced Shipment — Extreme Networks provides for the advanced shipment of FRUs to the customer's contracted sites within the contract response time on Covered Products. A request for a replacement FRU is validated by GTAC and a Return Material Authorization (RMA) number is assigned. Extreme Networks will pick, pack and dispatch the replacement FRU using a commercial delivery service to make the delivery to the customer's contracted site. The replacement FRU will be ��onflp)conionl FR LJ. Tho �.os)on so Jnio Jnm� v,�d suuls delivered within the contracted response time, subject Attachment D Page 60 of 471 Page 476 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. to the regional restrictions, response times, and diagnostic requirements identified in Appendix A. 0 On -Site FRU Replacement – After a request for a replacement FRU is validated by GTAC, Extreme Networks assigns a field technician, who will be scheduled for arrival within the contracted response time, depending on the distance to the customer's site (see Appendix A) for details on Covered Products. The Extreme Networks field technician will replace the defective FRU and install the replacement FRU. See Appendix for response A))hcp)flon Softwuo nuisl bo mdonod so),�)nmo�y vu) Bnonio\Vodns Softwpuo Siibscnu )don s vucos offo�ngs p)s fiudio��)iibhshod fu�� 'n p)ccm(hmco wffi Bnonio Nolwml�s' flion ciunonl P6co Lkl (ciuonfly cp)Iogo6zod p)s mdo�� co do 9700 0 Access to Extreme Networks' Customer Support Web site —which may include, but is not limited to (i) status review of known hardware and software problems (ii) access to technical times and diagnostic requirements. documentation (iii) ability to log a case (iv) status 0 Operational Software Updates and Upgrades – view of outstanding RMAs. Customer is entitled to receive any Operational Software or Operational Software upgrades that Extreme Networks may develop and generally release on Covered Products. Operational Software is defined as embedded software that is required to operate an Extreme Networks network device and is offered for sale as an inclusive component of such hardware network device product as described in Extreme Networks' published price list applicable to such hardware product ("Covered Product"). Operational Software updates and upgrades may be obtained through Extreme Networks' Website after establishing a web account and are only available for Covered Product that is registered and subject to Extreme's standard published product documentation and support/maintenance entitlements. Use of Operational Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. Note: Siin)n)on fun. A/ )n)hcp)Jon Softwpuo n)wdllcts., unchidung siibsc6d)Jon lo unchido ondflonictil lo nu)jm p)nd ndnm n.oVo,)sos offfic A))hc,)Jon Softwpuo n)wdiicts., puo nol unchidod wufll flic Bnd onioNA'odns On 0o Soa6cos, SiibscH'n)floti p)nd sl]�)n)On Im 5,0 Flxtrenie Networks lZeapo nsil)flities Extreme Networks is responsible for: 0 Assisting with fault diagnosis required to identify the FRU to be replaced and to occur prior to assignment of the RMA number. 0 Assigning an RMA number to each FRU to be replaced and notifying the customer of the relevant RMA numbers. 0 Dispatching a field technician and an equivalent FRU(feature, function and fit compatible) to arrive at the customer's site, subject to conditions outlined in Appendix A, following assignment of the RMA numbers. 0 Coordinating the arrival of the Extreme Networks field technician and the FRU at the customer's site. 0 Extreme Networks will measure and categorize the case priority level of Operational Software problems reported by the customer based on the impact on the network and in accordance with the classification definitions contained in Appendix B. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. Attachment D Page 61 of 471 Page 477 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. If Extreme Networks diagnoses that a reported for such product or product component based on the problem is due to non-conformance to published specifications of a supported Operational Software version, then Extreme Networks will provide any Operational current list price. Failure to return defective parts in a timely manner may result in the suspension of future advance hardware replacement service delivery from Extreme Networks. Software fix for the reported non-conformance 0 Providing, at Customer's expense, reasonable available at the time the problem is reported, provided access to the Product through the Internet or via that customer is running on a version of Operational Software that is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy. 6,0 ().,ustonier ll esponsil)flities The Customer is responsible for: 0 Advising Extreme Networks, in writing, of any change of location for Covered Products to ensure proper dispatch and delivery. 0 Ensuring that access (point of entry, security access) is arranged to both the site and equipment for receiving the replacement FRU and to enable the field technician to carry out the hardware replacement, and if necessary making personnel available to accompany the field technician on site. (For locations requiring special access, such as government facilities or financial institutions, the customer needs to provide written documentation needed to obtain access.) On completion of FRU replacement, the field technician will leave the site except as otherwise approved by Extreme Networks. 0 Ensuring that all covered hardware is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that hardware from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Returning the defective FRU to an authorized Extreme Networks repair facility. In the event that you fail to return the defective FRU within ten (10) business days of receipt of the replacement FRU, Extreme Networks reserves the right to invoice you ITZINEWMIMMM engineer. In addition, customer must provide systems' passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Using all reasonable efforts to maintain software products major releases installed at sites at the most current release level. 0 Using the versions of Operational Software currently supported by Extreme Networks. If the Operational Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if available. TO Asstniptions The following assumptions govern the delivery of ExtremeWorks On-site Services: 0 Acknowledging that the customer's right to use the Operational Software releases is subject to the software licensing terms of the applicable purchasing/licensing agreement under which the customer purchased/ licensed its products from Extreme Networks, and any associated terms and conditions contained therein. 0 On -Site and FRU delivery are subject to the hours of coverage and response times as identified in the Appendix. Attachment D Page 62 of 471 Page 478 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 0 Extreme Networks will make commercially reasonable efforts to ship, at its expense, a replaceable hardware FRU to arrive at the customer's designated location within the specified time frame and based on the parameters indicated in Appendix A. In certain geographies, the customer may be responsible for the cost of importing replacement product, including customs and duty fees. Please consult with Extreme Networks or your authorized Extreme Networks Services Partner to learn whether your location is included. 0 Extreme Networks will use commercially reasonable efforts to dispatch a field technician to arrive at the customer's designated location to perform the on-site replacement. 0 For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. 0 If the customer's Operational Software is a version that is not currently supported, and the non- conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Operational Software other than those currently supported in accordance with Extreme Networks' Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all non-conformance of the Operational Software can be corrected. 0 On-site replacement means the replacement of an identified Extreme Networks -supplied defective FRU by a field technician using a like -for -like equivalent FRU (feature, fit, and function compatible) at the designated customer site within the response time set out in the Appendix. The failed FRU becomes the property of Extreme Networks on an exchange basis. 0 Operational Software products major releases and upgrades are provided for distribution only to the customer for use on or with the Extreme Networks - supplied products on which they operate, in accordance with the Extreme Networks published specifications. 0 Operational Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Operational Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are included in Exhibit 4. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 Unless required for operational reasons and elsewhere agreed between the customer and Extreme Networks, the replacement FRU will be at the then - current minimum hardware, software and software release levels as published by Extreme Networks. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit packs, software and all other supportable components within the system configuration. Attachment D Page 63 of 471 Page 479 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 8,0 FAchisions, The following are completely out of the scope of ExtremeWorks On-site Services entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to charge for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, fire, flood, water, wind, lightening or other acts of God, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas and consumable items. 0 Extreme Networks shall only be obligated to support the then -current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered under the Services may be obtained at then -current rates for special technical services and on Extreme Networks then -current terms and conditions for such services, subject to acceptance by Extreme Networks. 0 Extreme Networks will have no liability or obligations for failure of the products to conform to published specifications resulting from the combination of the products with any third -party hardware or software not authorized in Extreme Networks published documentation or when caused by customer's inability to use the products if the products are operating substantially in accordance with published specifications. 0 Service availability is subject to geographical limitations, as advised by Extreme Networks upon request. Extreme Networks will have no obligation to meet the response times outlined in the Appendix A if the customer's site is outside of the geographical zone of service availability. If the customer purchases this service for locations outside Extreme Networks advised geographical limitations, Extreme Networks will be required only to use commercially reasonable efforts to provide services as soon as practical after receipt of a request from the customer. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 Labor charges for reinstalling the customer's system Operational Software (operational or application) or end-user configuration software, other than what is provided in the customer's backup copy, are not included within the scope of this service. This is a separately charged and scheduled activity. 0 This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 This service offering and any subsequent service renewals are subject to the terms and conditions of Extreme Networks Product End of Life and Support Plan End of Life policy. 0 New releases and upgrades for Application Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. 0 Unless elsewhere agreed in writing between the customer and Extreme Networks in a separate contract, this service does not include root -cause analysis, the provision of fault reports or lead-time/ performance metrics. Attachment D Page 64 of 471 Page 480 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A: relating to the defective product by 2 p.m. in the time Flxtrenie\A�orks Onsite Services, Deliveralfles, zone where your nearest Extreme Networks GTAC is located Monday through Friday in order to send a Extreme Networks will make commercially field engineer and the replacement product to your reasonable efforts, at its expense (excluding any and site, by the end of day, the Next Business Day, all duties, taxes or government imposed fees if otherwise Second Business Day service will be applicable) to see that the replacement hardware FRU provided for RMA's approved after 2p.m. and field technician arrive at the customer's designated location within the specified time period based upon the system's Onsite Response Service Level following completion of diagnostics and the assignment of an RMA Number. Extreme Networks will have no obligation to meet the response times outlined in the appropriate ExtremeWorks Service Description if the customer's site is outside the geographical zone of service availability. Extreme Networks is not responsible for any delays related to import/export or customs regulations or processes, or uncontrollable transportation issues including inability of the customer to allow the actual delivery of services. Delivery targets for RMA's including but not limited to oversized/heavy weight items may fall outside the posted SLA. A current list of Extreme authorized servicing depots that correspond to the defined ExtremeWorks services offerings, including expected onsite response, defined herein is available here. All Onsite Service offerings require customer site location pre -approval from Extreme Networks before Extreme Networks will accept a purchase order for the applicable Onsite, support plan. Email: for confirmation of service delivery availability. Next Business Day Onsite Where Next Business Day Onsite Services are available, Extreme Networks must approve the RMA Next Business Day Onsite is generally available in these geographical locations: Note: No,)so chock ffic Lxnonio Nolwml�s Soa6co Avp)� )Nhly M,p)Idx fu� ioc,)Jons ffip)l nu)y be Oxch](10d, North America: United State and Canada EMEA: Most European Union Countries, Switzerland and South Africa 0 LATAM: Argentina, Brazil, Columbia, Mexico 0 APJC: Australia, China, India, Japan, Philippines 4 Hour Onsite 4 Hour Onsite is only available to you within one hundred (100) miles (160 kilometers) of an Extreme Networks service parts depot. Extreme Networks provides parts and a field technician at customer's designated location provided that Extreme Networks has validated a Hardware failure and a Return Material Authorization (RMA) number has been assigned. Four -Hour Onsite response is available twenty-four (24) hours per day, seven (7) days per week, including Extreme Networks observed holidays. Please work with your regional service sales manager to determine coverage. Attachment D Page 65 of 471 Page 481 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix B Case Severity and l"I'scalation Gl.,jdelines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Service Level 01),jectives, Matrix Restore Time Update Case Priority Response Time (Software Fix or Frequency Workaround) C1: Customer's network segment or management application is down or experiencing a consistent, measurable 15 minutes 4 hours Up to 4 hours performance impact with no immediate resolution available C2: Customer's network is experiencing intermittent failure or degradation of network I hour I day Daily or management application. C3: Customer has issues that do not affect normal network or management application 8 hours 10 days 5 days operation and/or questions concerning product function or use. C4: Submission of a product enhancement Immediate N/A /new feature request Acknowledgment If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty Additional information on GTAC processes and procedures can be found at the Services tab from the Extreme. Networks home page. lum Attachment D Page 66 of 471 Page 482 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. stq)port 1'ik' Cycle Corri-ri"alication Matrix Notification Level 4 APs Model Numbers Model Number Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 days Director, Global Technical Immediate 48 hours 10 days Services Vice President, Global Technical 2 hours 72 hours 20 days Services Executive Management 4 hours None None (CTO/EVP Eng) Attachment D Page 67 of 471 Page 483 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks Software Subscription 1,0 Service Overview Extreme Networks Software Subscription Service offering provides technical support and update and/or upgrade support, for Covered Products (as defined herein). Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC") 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks Application Software. 2,0 Service gvels ExtremeWorks Software Subscription support has the following Services Order Code: 4 Managed Devices Service Levels 97003 Software Subscripti *M�),onosk �)nd lioiiNoshoodng �oqiihod lo �dondfy floc 1'pIiflly Fokl Roc flp)co,)No LJ dl ("FRLJ") lo bo �o�fl,�)cod nwsl bo coni�flolod �)�m lo �oqiiosflng flic ��onflp)conionl FRLJ, 3,0 Avaflal)flity ExtremeWorks Software Subscription Service, contracted for a defined period, is available globally, subject to the conditions herein. 4,0 ll: eliveralfles, ExtremeWorks Software Subscription service offering includes the following: 0 GTAC Technical Support — 24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks Application Software to conform to published documentation on Covered Products. 0 Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions or immediate concerns associated with the service quality on Covered Products. Please see Appendix A for additional detail. Application Software Updates and Software Upgrades — Customer is entitled to receive any Application Software or software upgrades that Extreme Networks may develop and generally release on Covered Products. Application Software is defined as software that is not required to operate a network device, such as management software. It is not an enhancement to the Operational Software and may reside on another network device. Application Software updates and upgrades may be obtained through Extreme Networks' Website after establishing a web account and are only available for Covered Product that is registered and subject to Extreme's standard published product documentation and support/maintenance entitlements. Use of Application Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. NOTL Sii�)�)on 0�)onm�otud Softw,�uo �)wdllcts., unchidng siibsc6n)don lo unchido ondflonictil lo Attachment D Page 68 of 471 Page 484 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. nu)jm p)nd ndnm n0d0p)Sos offfic 0d)Onp)Jotud Softwuo d)wdiicts., puo nol dnchidod wWi dic Lxuonio\Vodcs Softwuo Siibsc6d)Joti soca fcos, Siibsc6f)Jon p)nd siid)f)on fuu� 0d)on)flotud Softwuo nuisl bo mdood so),�)nmo�y vup) Blluonlo\Vodu s sou dcos 011'0u ngs p)s d)iibhshod fupuxpu.f puirddu�:y dn p)ccm(hmco wWi Bn� onio Notwodc�s' dion ciuuonl Nco Lkl, 0)o.p)Jotud Softwpuo k dollnod p)s oniboddod softwpuo k u�0(111h�od 10 0d)On)10 p)n Bllonlo Notwods notwoddovfco p)nd k offood fuspdo p)s p)n dnchlsvo conwonom 01'slich hudw��uo nolwml� dovco, 0 Access to Extreme Networks' Customer Support Website — which may include, but is not limited to (i) status review of known hardware and software problems (ii) access to technical documentation (iii) ability to log a case (iv) status view of outstanding RMAs. 5,0 Flxtrenie Networks Reufoprnpuudrufftfes Extreme Networks is responsible for: 0 Extreme Networks will measure and categorize the case priority level of Application Software problems reported by the customer based on the impact on the network and in accordance with the classification definitions contained in Appendix A. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. 0 If Extreme Networks diagnoses that a reported problem is due to nonconformance to published specifications of a supported Application Software version, then Extreme Networks will provide any Application Software fix for the reported nonconformance available at the time the problem is reported, provided that customer is running on a version of Application Software that is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy. 6,0 ().,ustonier Responsil)flities The Customer is responsible for: 0 Ensuring that all covered Application Software is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that software from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Providing, at Customer's expense, reasonable access to the Product through the Internet or via modem to establish a data communication link between Customer and the Extreme Networks GTAC engineer and provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Using all reasonable efforts to maintain Application Software products major releases installed at sites at the most current release level. 0 Using the versions of Application Software currently supported by Extreme Networks. If the Application Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Operational Software must be purchased separately as defined in Extreme's then -current Price List, if available. Attachment D Page 69 of 471 Page 485 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 0 Using the versions of Application Software currently supported by Extreme Networks. If the Application Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. TO Asst,�niptiotlS The following assumptions govern the delivery of ExtremeWorks Software Subscription: 0 Acknowledging that the customer's right to use the Application Software releases is subject to the software licensing terms of the applicable purchasing/licensing agreement under which the customer purchased/ licensed its products from Extreme Networks, and any associated terms and conditions contained therein. 0 For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. 0 If there is no available Application Software fix, Extreme Networks will use reasonable commercial efforts to remedy such non- conformance, which may include a workaround or other temporary or permanent fix to the Application Software, provided that the reported problem can be verified and/or recreated by Extreme Networks on the then current software version. EIMRMVAMFMIT�� currently supported, and the non- conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Application Software other than those currently supported in accordance with Extreme Networks' Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all non- conformance of the Application Software can be corrected. 0 Application Software products major releases and upgrades are provided for distribution only to the customer for use on or with the Extreme Networks -supplied products on which they operate, in accordance with the Extreme Networks published specifications. 0 Application Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Application Software upgrades shall be subject to the terms and conditions of said software. 0 Application Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the covered product that is registered. Use of Application Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are as posted here. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit Attachment D Page 70 of 471 Page 486 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. packs, software and all other supportable components within the system configuration. 8,0 Flxcft,sions The following are completely out of the scope of ExtremeWorks Software Subscription Service entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to change for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, fire, flood, water, wind, lightening or other acts of God, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas and consumable items. 0 Extreme Networks shall only be obligated to support the then -current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered under the Services may be obtained at then -current rates for special technical services and on Extreme Networks then -current terms and conditions for such services, subject to acceptance by Extreme Networks. 0 Extreme Networks will have no liability or combination of the products with any third -party hardware or software not authorized in the Extreme Networks published documentation or when caused by customer's inability to use the products if the products are operating substantially in accordance with published specifications. 0 Labor charges for reinstalling the customer's system software (operational or application) or end- user configuration software, other than what is provided in the customer's backup copy, are not included within the scope of this service. This is a separately charged and scheduled activity. New releases and upgrades for Operational Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 The customer acknowledges that any hardware upgrades, improvements or changes required to install or use a Application Software product major release or update or any part thereof are charged separately from and are in addition to the charges of the current contract. 0 This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 This service does not include the repair or replacement of defective hardware. If Extreme Networks determines that defective Extreme Networks hardware causes a reported problem, then Extreme Networks will advise customer thereof. If the customer desires to remedy such defect, Extreme Networks and the customer will agree upon service at the Extreme Networks then published per -incident rates, and subsequently obligations for failure of the products to conform to Extreme Networks will recommend an appropriate published specifications resulting from the Attachment D Page 71 of 471 Page 487 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. annual hardware contract to the customer for consideration. 0 This service offering and any subsequent service renewal is subject to the terms and conditions of the applicable Extreme Networks Product End of Life and Support Plan End of Life policy. 0 Unless elsewhere agreed in writing between the customer and Extreme Networks in a separate contract, this service does not include root -cause analysis, the provision of fault reports or lead-time/ performance metrics. Attachment D Page 72 of 471 Page 488 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A Case Severity and FlIscalation Gt,ddejines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Service 1'e el 01),jectives, Matrix Restore time Update Case Priority Response Time (Software fix or Frequency workaround) C1: Customer's network segment or management application is down or experiencing a consistent, measurable 15 minutes performance impact with no immediate resolution available C2: Customer's network is experiencing intermittent failure or degradation of network or I hour management application. C3: Customer has issues that do not affect normal network or management application 8 hours operation and/or questions concerning product function or use. C4: Submission of a product enhancement /new Immediate feature request Acknowledgn: a 4 hours Up to 4 hours I day Daily 10 days 5 days N/A N/A If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty Additional information on GTAC processes and procedures can be found at the Services tab from the Extreme. Networks home page. stq)pon, 1,ik, Cycle Coninnulication Matrix Notification Levels Cl — Critical C2 — High C3 — Medium Priority Priority Attachment D Page 73 of 471 Page 489 of 1515 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 490 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks Software and Global Technical Assistance Center (GTAQ Service 1.0 Service Overview unsatisfactory conditions or immediate concerns Extreme Networks Software and GTAC Service associated with the service quality on Covered offering provides technical support and update and/or Products. See Appendix A for additional detail. upgrade support, for Covered Products (as defined herein). Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC" ) 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks hardware and Operational Software. 2.0 Service Levels ExtremeWorks Software and GTAC Support has the following Services Order Code: Service Order Code Service Levels 97000 Software and GTAC 3.0 Availability ExtremeWorks Software and GTAC Service, contracted for a defined period, is available globally, subject to the conditions herein. 4.0 Deliverables ExtremeWorks Software and GTAC service offering includes the following: 0 GTACTechnical Support -- 24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks hardware and Operational Software to conform to published documentation on Covered Products. 0 Escalation Management --The GTAC is the escalation point for the customer for raising 0 Operational Software Updates and Upgrades -- Customer is entitled to receive any Operational Software or Operational Software upgrades that Extreme Networks may develop and generally release on Covered Products. Operational Software is defined as embedded software that is required to operate an Extreme Networks network device and is offered for sale as an inclusive component of such hardware network device product as described in Extreme Networks' published price list applicable to such hardware product ("Covered Product"). Operational Software updates and upgrades may be obtained through Extreme Networks' Website after establishing a web account and are only available for Covered Product that is registered and subject to Extreme's standard published product documentation and support/maintenance entitlements. Use of Operational Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. NOTE: Support for Application Software products, including subscription to include entitlement to major and minor releases of the Application Software products, if available, are not included with the ExtremeWorks Software and GTAC Service. Subscription and support for Application Software must be ordered separately via ExtremeWorks Software Subscription services offerings as further published for availability in accordance with Extreme Attachment D Page 75 of 471 Page 491 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Networks' then -current Price List (currently categorized as order code 97003). 0 Access to Extreme Networks' Customer Support Website .- which may include, but is not limited to (i) status review of known hardware and software problems (ii) access to technical documentation (iii) ability to log a case (iv) status view of outstanding RAs. 5.0 Extreme Networks Responsibilities Extreme Networks is responsible for: 0 Extreme Networks will measure and categorize the case priority level of software problems reported by the customer based on the impact on the network and in accordance with the classification definitions contained in Appendix A. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. 0 If Extreme Networks diagnoses that a reported problem is due to non-conformance to published specifications of a supported Operational Software version, then Extreme Networks will provide any Operational Software fix for the reported non-conformance available at the time the problem is reported, provided that customer is running on a version of Operational Software that is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End 0 6.0 Customer Responsibilities The Customer is responsible for: 0 Ensuring that all covered hardware is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that hardware from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Providing, at Customer's expense, reasonable access to the Product through the Internet or via modem to establish a data communication link between Customer and the Extreme Networks GTAC engineer and provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Using all reasonable efforts to maintain Operational Software products major releases installed at sites at the most current release level. 0 Using the versions of Operational Software currently supported by Extreme Networks. If the Operational Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if available. 7.0 Assumptions The following assumptions govern the delivery of ExtremeWorks Software and GTAC Support: 0 Acknowledging that the customer's right to use the Operational Software releases is subject to the software licensing terms of the applicable purchasing/licensing agreement under which the customer purchased/ licensed its products from Extreme Networks, and any associated terms and conditions contained therein. 0 For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, Attachment D Page 76 of 471 Page 492 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. 0 If there is no available Operational Software fix, Extreme Networks will use reasonable commercial efforts to remedy such non. - conformance, which may include a workaround or other temporary or permanent fix to the Operational Software, provided that the reported problem can be verified and/or recreated by Extreme Networks on the then current software version. 0 If the customer's Operational Software is a version that is not currently supported, and the non. - conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Operational Software other than those currently supported in accordance with Extreme Networks' Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all nonconformance of the Operational Software can be corrected. 0 Operational Software products major releases and upgrades are provided for distribution only to the customer for use on or with the Extreme Networks supplied products on which they operate, in accordance with the Extreme Networks published specifications. 0 Operational Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Operational Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are included in Exhibit 4. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit Tracks, software and all other supportable components within the system configuration. 8.0 Exclusions The following are completely out of the scope of ExtremeWorks Software and GTAC Service entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to change for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, fire, flood, water, wind, lightening or other acts of God, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas and consumable items. 0 Extreme Networks shall only be obligated to support the then -current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered Attachment D Page 77 of 471 Page 493 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. under the Services may be obtained at then -current rates for special technical services and on Extreme Networks then -current terms and conditions for such services, subject to acceptance by Extreme Networks. 0 Extreme Networks will have no liability or obligations for failure of the products to conform to published specifications resulting from the combination of the products with any third -party hardware or software not authorized in the Extreme Networks published documentation or when caused by customer's inability to use the products if the products are operating substantially in accordance with published specifications. 0 Labor charges for reinstalling the customer's system Operational Software (operational or application) or enduser configuration software, other than what is provided in the customer's backup copy, are not included within the scope of this service. This is a separately charged and scheduled activity. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 The customer acknowledges that any hardware upgrades, improvements or changes required to install or use an Operational Software product major release or update or any part thereof are charged separately from and are in addition to the charges of the current contract. 0 This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 This service does not include the repair or replacement of defective hardware. If Extreme Networks determines that defective Extreme Networks hardware causes a reported problem, then Extreme Networks will advise customer thereof. If the customer desires to remedy such defect, Extreme Networks and the customer will agree upon service at the Extreme Networks then published per -incident rates, and subsequently Extreme Networks will recommend an appropriate annual hardware contract to the customer for consideration. 0 This service offering and any subsequent service renewal is subject to the terms and conditions of the applicable Extreme Networks Product End of Life and Support Plan End of Life policy. 0 New releases and upgrades for Application Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. 0 Unless elsewhere agreed in writing between the customer and Extreme Networks in a separate contract, this service does not include root -cause analysis, the provision of fault reports or lead.- time/performance metrics. Attachment D Page 78 of 471 Page 494 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A Case Severity and Escalation Guidelines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the Support Level Objectives Matrix case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Restore Time Update Case Priority Response Time (Software Fix or Frequency Workaround) C1: Customer's network- segment or management CI - Critical C2 - High Priority C3 - Medium Priority application is down or experiencing a consistent, 15 Minutes 4 hours Up to 4 hours measurable performance impact with no Immediate Immediate 10 Days immediate resolution available Immediate 48 Hours 10 Days C2: Customer's network is experiencing intermittent 2 Hours 72 Hours 20 Days failure or degradation of network or management I Hour I Day Daily application. C3: Customer has issues that do not affect normal network- or management application operation 8 Hours 10 Days 5 Days and/or questions concerning product function or use. C4: Submission of a product enhancement /new Immediate N/A N/A feature request Acknowledgement If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty. Additional information on GTAC processes and procedures exhcan be found at the Services tab from the Extreme Networks home page. Support Life Cycle Communication Matrix Notification Levels CI - Critical C2 - High Priority C3 - Medium Priority Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 Days Director, Global Technical Services Immediate 48 Hours 10 Days Vice President, Global Technical Services 2 Hours 72 Hours 20 Days Executive Management (CTO/EVP Eng) 4 Hours None None Attachment D Page 79 of 471 Page 495 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 8 Product Warranty Table Part Class Model Product Description. Warranty End - Number of f - Stipp Stipp ort 10033 Summit Pwr Cord I OACEE 7/7C 13 Pwr Cord I OACE".E"", No 7/71EC32OC13 Warranty 10034 Summit Pwr Cord I OAB S 13 63 C 13 Pwr No Cord I OABS 13631EC320 Warranty C13 10035 Summit Pwr Cord I OAB S546C 13 Pwr No Cord I OABS5461EC320C Warranty 13 10036 Summit Pwr CordlOAAS3112CI3 Pwr No Cord I OAAS31121EC320 Warranty C13 10037 Summit Pwr Cord I OASEC 1011 C 13 Pwr No CordIOASECIOIIIEC320 Warranty C13 10038 Summit Pwr Cord I OACEI Pwr Cord I OACEI No 2316/VIIC13 2316/VIIIEC32OC13 Warranty 10039 Summit Pwr Cord I OAG131002 Pwr Cord I OAG131002 I Year YP03CI3 YP031EC32OC13 Warranty 10041 BD 8K Pwr Cord I OANEMA Pwr Cord I OANIHMA I Year 515PC13RA 515PIEC32OC13 Right Warranty Angle 10042 BD 8K Pwr Pwr I Year Cord 12AJISC8303C 13 RA Cord 12AJISC83031EC32 Warranty OC13RA 10043 BD 8K Pwr Cord I OACEE Pwr Cord I OACE".E". No 7/7C 13 RA 7/71EC320C 13 Right Warranty Angle 10044 BD 8K Pwr Pwr No CordIOABS1363CI3RA Cord I OABS 13631EC320 Warranty CBRight Angle 10045 BD 8K Pwr Pwr No CordIOABS546CI3RA Cord I OABS5461EC320C Warranty 13 Right Angie 10046 BD 8K Pwr Pwr No Cord I OAAS3112C 13 RA Cord I OAAS31121EC320 Warranty CBRight Angle Attachment D Page 80 of 471 Page 496 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10047 BD 8K Pwr Pwr No CordIOASECI0IIC13RA CordlOASECIOIIIEC320 Warranty CORight Angle 10048 BD 8K Pwr Cord I OACEI Pwr Cord I OACEI No 2316/VIIRA 2316/VIIIEC320C 13 Right Warranty Angle 10049 BD 8K Pwr Cord I OAG131002 Pwr Cord I OAG131002 I Year YP03CI3RA YP031EC32OC 13 RA Warranty 10058 Optics IOOBASEBXD Bibi SIP lOOBASE".BXD I Year Bidirecttion Downstream Warranty SIP module SMF lOkm link I-Cconnector for Fast E-thernet SIP Port 10059 Optics IOOBASEBXIJ BiDi SIP IOOBASI-,".13X(J I Year Bidirecttion Downstream Warranty SIP module SMF lOkm link I-Cconnector for Fast E-thernet SIP Port 10060 Optics IOOFX/1000[-X miniGBIC MiniGBIC SIP dualspeed I Year 100 [_X / 1000 [_X I -C Warranty connector 10061 Summit Pwr Cord I OANEMA Pwr Cord I OANE".MA I Year 515PC13 515PIEC32OC13 Warranty 10062 Summit Pwr Cord 12AJISC8303C 13 Pwr I Year Cord 12AJISC83031EC32 Warranty OC13 10063 Optics lOOFX miniGBIC Module MiniGBIC SIP lOOFX I Year MMIC I -C connector Warranty 10065 Optics 10/100/1000BASET SIP 10/100/1000BASET SIP I Year module CA'r5 cable 100m Warranty link RJ45connector for Giga Bit Ethernet SI P Port. 10066 Optics IOOBASEI-XIO SIP lOOBASEI-XIO SIP I Year module SMF lOkm link Warranty I-Cconnector for Fast E-thernet SIP Port. 10067 Optics IOOBASEFX SIP lOOBASETX SIP module I Year MMIC 2km link Warranty I-Cconnector for Fast E-thernet SIP Port. Itemp 10088 BD 8K Pwr Cord I OANEMA Power Cord I OANE".MA I Year 1,615 PC 13 RA 1-615PIEC32OC13 Right Warranty Angle Attachment D Page 81 of 471 Page 497 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10089 Summit PWR Power Cord I OA No CORD I OAAIJSAS3112C I A(Js,rRAI-IA AS3112 Warranty 5 IEC32OC15 10090 Summit PWR CORDIOACHINA Power Cord I OA CHINA No G131002 G131002 Warranty 10092 Summit PWR Power Cord 10A soum No CORD I OASASABS 164/1 C AFRICA SABS 164/1 Warranty 15 IEC32OC15 10093 Summit PWR Power Cord I OA No CORD I 0ADE`.NMARKSR DE`.NMARKSRAF Warranty AFC15 IEC32OC15 10094 Summit PWR Power Cord I OA No CORD I 0AEIJROPECE`.E`.7 EUROPE CE`.E`.7 Warranty C15 IEC32OC15 10095 Summit PWR Power Cord 12A BRAZIL L No CORD 12AB RNBR14136C NBR14136 IEC32OC15 Warranty 15 10096 Summit PWR Power Cord I OA UK BS No CORD10A(JKBS1363C15 1363 IEC32OC15 Warranty 10097 Summit PWR Power Cord 10A SWISS No CORD I OASWISSSEVI 0 1 SEV1011 IEC32OC15 Warranty IC15 10098 Summit PWR Power Cord 12A JAPAN No CORD 12AJAPANJIS8303 JIS 8303 IEC32OC15 Warranty C15 10099 Summit PWR Power Cord 15A USA No CORD I 5AUSANEMA515 NE',MA 515 IEC32OC15 Warranty C15 10100 Summit PWR CORD 15A Power Cord 15A No ROWAJ SA C 14C 15 ROW/(JSA Jumper Warranty IEC32OC14 IEC32OC15 10121 Optics SR XIP Module IOC113ASESR XIP I -C I Year Connector Warranty 10122 Optics LR XIP Module IOC113ASEI-R XIP I -C I Year Connector Warranty 10124 Optics ER XIP Module 10G13aseER XIP 40km I Year reach I -C connector Warranty 10125 Optics ZR XIP module 10 Gigabit Ethernet XIP I Year module 1550nm SMF Warranty 80km I -C connector 10200 Optics Tunable DWDM XIP 10 Gigabit Ethernet XIP I Year 'tunable DWDM module Warranty Cband SMF80km I -C connector Attachment D Page 82 of 471 Page 498 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10202 Optics Im QSFP+ to 4xP+ QSFP+ to 4 x SFP+ I Year fanout26 AWG fanout copper cable 26 Warranty AWG Im length. 10203 Optics 2m QSFP+ to 4xSFP+ QSFP+ to 4 x SIP + I Year fanout26 AWG fanout copper cable 26 Warranty AWG 2m len th. 10301 Optics SR SIP + module 10 Gigabit Ethernet SIP + I Year module 850nm MMIC Warranty 26300m link I -C connector 10302 Optics LR SIP + module 10 Gigabit Ethernet SIP + I Year module 1310nm SMF Warranty lOkm link I -C connector 10303 Optics LRM SFP+ module LRM SI P+ ModuleO I Year Gigabit Ethernet SI P+ Warranty module 1310nm MMIC 220m link I -C connector 10304 Optics Im SI P+ Cable 10 Gigabit Ethernet SI P+ I Year passive cable assembly Warranty Im length. 10305 Optics 3m SI P+ Cable 10 Gigabit Ethernet SI P+ I Year passive cable assembly Warranty 3m length. 10306 Optics 5m SI P+ Cable 10 Gigabit Ethernet SI P+ I Year passive cable assembly Warranty 5m length. 10307 Optics 10m SI P+ Cable 10 Gigabit Ethernet SI P+ I Year passive cable assembly Warranty 10m len th. 10309 Optics ER SI P+ module 10 Gigabit Ethernet SI P+ I Year module 1550nm SMF Warranty 40km link I -C connector 10310 Optics ZR SI P+ module 10 Gigabit Ethernet SI P+ I Year module 1550nm SMF Warranty 80km I -C connector 10311 Summit 0.5m QSFP+ Passive 40 Gigabit Ethernet I Year Copper Cable QSFP+ passive copper Warranty cable assembly 0.5m length. 10312 Summit Im QSFP+ Passive Copper 40 Gigabit Ethernet I Year Cable QSFP+ passive copper Warranty cable assembly Im length. 10313 Summit 3m QSFP+ Passive Copper 40 Gigabit Ethernet I Year Cable QSFP+ passive copper Warranty cable assembly 3m length. Attachment D Page 83 of 471 Page 499 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10315 Summit 10m QS + Active Optical 40 Gigabit Fthernet I Year Cable QSFP+ active optical Warranty cable assembly 10m length. 10316 Summit 20m QSFP+ Active Optical 40 Gigabit Fthernet I Year Cable QSFP+ active optical Warranty cable assembly 20m length. 10318 Summit 100m QSFP+ Active 40 Gigabit Fthernet I Year Optical Cable QSFP+ active optical Warranty cable assembly 100m length. 10319 Optics QSFP+ SR4 Module 40 Gigabit Fthernet I Year QSFP+ SR4 optical Warranty module MPO connector 100m link length. 10320 Optics QSFP+ 40GBASEI-R4 40 Gigabit Fthernet I Year QSFP+ LR4 optical Warranty module IC connectors lOkm SMI-' link length 10321 Summit QSFP+ 4xSFP+ fanout cb] QSFP+ to 4 x SI P+ I Year 3m fanout copper cable 3m Warranty 10322 Summit QSFP+ 4xSFP+ fanout cb] QSFP+ to 4 x SI P+ I Year 5m fanout copper cable 5m Warranty 10323 Summit 5m QSFP+ Passive Copper 40 Gigabit Fthernet I Year Cable QSFP+ passive copper Warranty cable assembly 5m length. 10325 Optics Tunable DWDM SI P+ 10 Gigabit Fthernet SI P+ I Year 'tunable DWDM module Warranty SMF'80km I -C connector 10326 Optics QSFP+ PSM Optical QSFP+ (4XI001BASE) I Year Module breakout optical module Warranty MPO connector lOkm SMI-' link length 10327 Optics MPO to 4xI.0 breakout MPO to 4 x I -C breakout I Year patch cable SM 10m patch cable SingleMode Warranty lom 10328 Summit 3rd Party Optics Lic ExtremeXOS 3rd Party No X480/X460 Optics (40ExtremeXOS Warranty 3rd Party Optics (4001 and 10001) FeaturePack for X4600.12 X480 10329 Optics 400I1 Bi Di MMFQSFP+ 400I1 Bidirectional MMI-' I Year 100m OM3 QSFP+ I -C Warranty 10330 Optics CI P2 1000IBASEI-R4 100 Gigabit Fthernet[-R4 I Year module CPF2 optical module I -C Warranty Attachment D Page 84 of 471 Page 500 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 85 of 471 Page 501 of 1515 connector lOkm SMF link length 10331 Optics CI P2 l00G13ASESRI0 100 Gigabit FthernetSRI0 I Year module CPF2 optical module Warranty MPO connector loom link length 10332 Optics MP04xI.0 patch cable MPO to 4xI.0 breakout I Year OM4 5m patch cable OM4 MMI-' Warranty 5m 10334 Optics 40CIb LM4 QSFP+ 40CIb LM4 140m OM3 I Year MMI' lKm SMF QSFP+ Warranty I -C 10335 Optics 40CIb ER4 QSFP+ 40CIb ER4 40Km SMF I Year QSFP+ I -C Warranty 10336 Optics 3m QSFP+ Active Optical 40 Gi abit Fthernet I Year Cable QSFF- active optical Warranty cable assembly 3m length 10337 Optics 5m QSFP+ Active Optical 40 Gi abit Fthernet I Year Cable QSFF4 active optical Warranty cable assembly 5m length 10338 Optics 10Gb SI P+ IOGBASET l0Gb SI P+ IOGBASET I Year RJ45 30m with Cat6a Warranty 10345 Optics MPO patch cable OM3 3m MPO to MPO Patch cable I Year 12 fiber pinless Warranty mpomrp connectors OM3 MMF,rype B 3m 10346 Optics MPO patch cable OM3 MPO to MPO Patch cable I Year loom 12 fiber pinless Warranty mpomrp connectors OM3 MMI-' 'rype B 100m 10401 Optics 100Gb QS P28 SR4 MMIC 100Gb 100G13ASESR4 I Year 70m OM3 / loom OM4 Warranty MMI-' QS P28 MPO 10403 Optics 100Gb QSFP28 LR4 lOkm l00Gb l00G13ASEI-R4 I Year lOkm SMF,'QSFP28 I -C Warranty 10404 Optics 100Gb QS P28 CWDM4 I 00Gb CWDM4 2km I Year SMF,'QSFP28 I -C Warranty 10405 Optics 100Gb QS P28 PSM4 100Gb PSM4 2km SMF I Year QS P28 MPO Warranty 10406 Optics 100Gb SWDM4 MMI-' 10OGb QS P28 SWDM4 I Year 75m OM3 / loom OM4 Warranty MMI-' I -C 10410 Optics 100Gb DAC 100Gb QSFP28QSFP28 I Year QSFP28QSFP28 0.5m Direct attach passive Warranty copper cable 0.5m Attachment D Page 85 of 471 Page 501 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10411 Optics lOOGb DAC lOOGb QSFP28QSFP28 I Year QSFP28QSFP28 lm Direct attach passive Warranty copper cable lm 10413 Optics lOOGb DAC lOOGb QSFP28QSFP28 I Year QSFP28QSFP28 3m Direct attach passive Warranty copper cable 3m 10414 Optics lOOGb DAC lOOGb QSFP28QSFP28 I Year QSFP28QSFP28 5m Direct attach passive Warranty copper cable 5m 10421 Optics lOOGb DAC lOOGb QSFP284 x SI P28 I Year QSFP284xSFP28 Im (4x25Gb) Direct attach Warranty passive copper breakout IM 10423 Optics lOOGb DAC lOOGb QSFP284 x SI P28 I Year QSFP284xSFP28 3m (4x25Gb) Direct attach Warranty passive copper breakout 3m 10424 Optics lOOGb DAC lOOGb QSFP284 x SI P28 I Year QSFP284xSFP28 5m (4x25Gb) Direct attach Warranty passive copper breakout 5m 10426 Optics lOOGb DAC lOOGb QSFP282 x I Year QSFP282xQSFP28 Im QSFP28 (2x5OC!b) Direct Warranty attach passive copper breakout Im 10428 Optics lOOGb DAC lOOGb QSFP282 x I Year QSFP282xQSFP28 3m QSFP28 (2x5OC!b) Direct Warranty attach passive copper breakout 3m 10434 Optics lOOGb AOC QSFP28 5m lOOGb QSFP28QSFP28 I Year Active optical cable 5m Warranty 10435 Optics lOOGb AOC QSFP28 7m lOOGb QSFP28QSFP28 I Year Active optical cable 7m Warranty 10436 Optics lOOGb AOC QSFP28 lOrn lOOGb QSFP28QSFP28 I Year Active optical cable lOrn Warranty 10437 Optics lOOGb AOC QSFP28 20m lOOGb QSFP28QSFP28 I Year Active optical cable 20m Warranty 10441 Optics lOOGb AOC QSFP28 x 4 lOOGb QSFP28 4xSFP28 I Year SI P28 5m (4x25C!b) Active optical Warranty breakout cable 5m 10442 Optics lOOGb AOC QSFP28 x 4 lOOGb QSFP28 4xSFP28 I Year SI P28 7m (4x25C!b) Active optical Warranty breakout cable 7m 10443 Optics lOOGb AOC QSFP28 x 4 lOOGb QSFP28 4xSFP28 I Year SI P28 lOrn (4x25C!b) Active optical Warranty breakout cable lOrn Attachment D Page 86 of 471 Page 502 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10444 Optics 100Gb AOC QSFP28 x 4 l00Gb QSFP28 4xP28 I Year SI P28 20m (4x25Gb) Active optical Warranty breakout cable 20m 10446 Optics I 00Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 5m QSFP28 (2x5OGb) Active Warranty Optical Breakout Cable 5m 10447 Optics I 00Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 7m QSFP28 (2x50011) Active Warranty Optical Breakout Cable 7m 10448 Optics I 00Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 10m QSFP28 (2x50011) Active Warranty Optical Breakout Cable lorn 10449 Optics I 00Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 20m QSFP28 (2x50011) Active Warranty Optical Breakout Cable 20m 10501 Optics 25Gb SI P28 SR MMI-' 25Gb SI P28 I Year 25CI13ASESR 70m OM3 Warranty 100m OM4 MMI-' LC 10502 Optics 25Gb SI P28 SR LiteFEC 25011 SR LiteFEC 50m I Year MMI-' OM3 / 70m OM4 It SI Warranty 70m OM3 / 100m OM4 MIDI I -C 10503 Optics 25Gb SFP28 ESR MMIC 25Gb SFP28 ESR I Year extended range 300m Warranty OM3 / 400m OM4 MMI-' I -C 10504 Optics 25Gb Si P28 LR l0krn 25Gb Si P28 LR l0krn I Year SMI-' SMI-' I -C Warranty 10506 Optics QSFP28 Si P28 Adapter QSFP28 Si P28 Slot I Year Adapter Warranty 10520 Optics 25Gb DAC SFP28SFP28 25011 SFP28SFP28 I Year IM Passive Copper Direct Warranty Attach Cable Im 10521 Optics 25Gb DAC SFP28SFP28 25011 SFP28SFP28 I Year 3m Passive Copper Direct Warranty Attach Cable 3m 10522 Optics 25Gb DAC SFP28SFP28 25011 SFP28SFP28 I Year 5m Passive Copper Direct Warranty Attach Cable 5m 10530 Optics 25Gb AOC SFP28SFP28 25011 SFP28SFP28 I Year lorn Active Optical Cable 10m Warranty Attachment D Page 87 of 471 Page 503 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10531 Optics 25Gb AOC SI P28SFP28 25Gb SI P28SFP28 I Year 20m Active Optical Cable 20m Warranty 10911 Summit EPS500 External AC PSIJ External Power System Limited 03/31/ 500 Watts with cable Lifetime 2022 Warranty with express Advanced Hardware Replacern ent 10916 Summit Summit X650/X480 AN AN module for Summit I Year module X650 and Summit X480 Warranty series switches spare 10917 Summit Summit 450W AC PSIJ FB 450W AC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10918 Summit Summit 450W DC PSIJ FB 450W DC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10923 Summit RPS500p External PoE+ Redundant Limited Power Supply Unit 500 Lifetime Watts with cable Power Warranty cord ordered separately with express Advanced Hardware Replacern ent 10925 Summit Summit 550W AC PSIJ FB 550W AC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10926 Summit Summit 550W DC PSIJ FB 550W DC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10927 Summit Summit 550W AC PSIJ BF 550W AC Power Supply I Year module for Summit Warranty switches BacktoFront airflow 10928 Summit Summit 550W DC PSIJ BF 550W DC Power Supply I Year module for Summit Warranty Attachment D Page 88 of 471 Page 504 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 89 of 471 Page 505 of 1515 switches BacktoFront airflow 10931 Summit Summit 750W PoE AC 750W PoE AC Power Limited PSU Supply Module Lifetime Warranty with express Advanced Hardware Replacern ent 10932 Summit RPS150 xT External Redundant I Year Power Supply Unit 150 Warranty Watts with cable Extended 'remparture Range from 0 to +60 degrees Celsius Power cord ordered separately 10933 Summit Summit 30OW 4-24V/48V 30OW +24V / 48V DC Limited DC PSIJ Power Supply Module for Lifetime the X460 and the E4G400 Warranty p] atform s with express Advanced Hardware Replacern ent 10935 Summit Summit X460 FAN Module FAN Module for Summit Limited 12/31/ X460 Series Switches Lifetime 2022 spare Warranty with express Advanced Hardware Replacern ent 10936 Summit EPSC2 External Power System I Year Chassis 2. Accepts up to Warranty three Summit 750W AC PoE PSIJ 48V power supplies. Accepts up to 5 EPSCBI-2x7 or up to I EPSCBI-2x9 cables. 10939 Summit EPS Cable 2x7 External Power System I Year Cable (IM with 2x7 pin) Warranty that connects EPS to any Attachment D Page 89 of 471 Page 505 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 90 of 471 Page 506 of 1515 Summit X440 or X450G2 for providing redundant power 10940 Summit EPS Cable 2x9 External Power System I Year 11/01/ (1 -,".PS) Cable (with 2x9 Warranty 2023 pin) that connects EPS to a X250e48p or a X450e48p for providing additional DC power. 10941 Summit Summit I IOOW AC PSIJ 1100 Watt AC PoE Power Limited FB Supply module with Lifetime FronttoBack airflow Warranty with express Advanced Hardware Replacern ent 10942 Summit Summit I IOOW AC PSIJ I IOOW AC Power Supply Limited BF Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10943 Summit Summit 30OW AC PSIJ BF 30OW AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10944 Summit Summit 30OW DC PSIJ BF 30OW DC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent Attachment D Page 90 of 471 Page 506 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10945 Summit Summit Fan module FB Fan Module for Summit Limited X460G2/X45OG2 Series Lifetime Switches front to back Warranty airflow with express Advanced Hardware Replacern ent 10946 Summit Summit X4600.12 Fan FAN Module for Summit Limited module BF X460G2 Series Switches Lifetime back to front airflow Warranty with express Advanced Hardware Replacern ent 10947 Summit C5 to C14 Converter Power donde for No converting an IEC C5 Warranty lu to IEC C 14 plug 10948 Summit RPS90 External Redundant I Year Power Supply Unit 90 Warranty Watts with cable Power cord ordered separately 10949 Summit Pwr Cord 2.5A01131002 Pwr Cord 2.5A01131002 No IEC320C5 IEC320C5 for China Warranty 10950 E40f E40f DC Pwr Conn Conv E4G DC Power Connector I Year 12/31/ Cable Converter Cable from Warranty 2024 Spin to 4pin (50mm length). It is for connection between E4G20ODC/router (3Pin) and As'rEC AC[DC Adapter Model AD10048P3 (4Pin). 10951 Summit Summit 715W PoE AC 715W AC PoE Power Limited PSIJ FB Supply Module with front Lifetime to back airflow Warranty with express Advanced Hardware Replacern ent Attachment D Page 91 of 471 Page 507 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10952 Summit Summit 715W AC PSIJ BF 715W AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10953 Summit 350W AC PSIJ FB 350W AC Power Supply Limited Module front to back Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10954 Summit 350W AC PSIJ BF 350W AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10958 Summit FIDX to FDX Converter External converter for the Limited ROW international market that Lifetime can use a CEIH. 7/1 plug to Warranty connect up to four with halfduplex devices to four express full duplex switch ports. Advanced Does No'r support Hardware PoEpass through. External Replacern power supply and cord ent with CEIH. 7/1 plug included 10959 Summit FIDX to FDX Converter External converter for the Limited NA North American market to Lifetime connect up to four Warranty halfduplex devices to four with full duplex switch ports. express Does No'r support Advanced PoEpass through. External Hardware power supply and cord Attachment D Page 92 of 471 Page 508 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 93 of 471 Page 509 of 1515 with NEMA 115P plug Replacern included ent 10960 Summit PSIJ55Wx40.2,1x3221-mm7 770W AC power supply I Year 70WACFB FronttoBack airflow Warranty 10961 Summit PSIJ55Wx40.2,1x3221-mm7 770W AC power supply I Year 70WACBF BacktoFront airflow Warranty 10962 Summit P S IJ 5 5 Wx40.2'rx3 22 1-m m I I I OOW DC power supply I Year 100WDCFB FronttoBack airflow Warranty 10963 Summit P S IJ 5 5 Wx40.2'rx3 22 1-m m I I I OOW DC power supply I Year IOOWDCBF BacktoFront airflow Warranty 10965 Smart 1,RM/MACsec Adapter ExtremeSwitching I Year OmniEdge [-RM/MACsec Adapter Warranty Switching two SIP + network ports (unpopulated) and two host cables with integrated SI P/SFP+ transceivers for host switch connection 10966 Smart 5 Unit Rack Mount Kit Optional multi unit rack I Year OmniEdge I-RM/MACsec Adapter mount bracket for Warranty Switching [-RM/MACsec Adapter. Holds five units in I RIT 11011 Summit Direct Attach Feature Pack Direct Attach Feature Software Pack for Summit Warranty X450a/X460/X46OG2/X4 80 X650 X670/X67OG2 X770 and BlackDiamond 8800 X Series 12101 Summit ReachNXT 1008t 8 10/100BASETR I Limited Gigabit combo ports (I Lifetime unpopulated Gigabit SIP Warranty - and 10/100/1000BASE'r) io Business Day Ship 12102 Summit ReachNXT 1008t AC Optional AC power I Year 12/31/ Power Adapter adapter with 3 attachable Warranty 2023 power pins/plugs AC input 100240V 50/60Hz Max 0.5A DC output 12V 1.25A 12103 Summit ReachNXT 1008t Mounting I pair of magnets and I I Year Kit metal mounting plate for Warranty placing the ReachNX'r 1008t product underneath a table or on a wall Attachment D Page 93 of 471 Page 509 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15710 Wireless Summit W1 3700 WI -AN Summit W1 3700 WI -AN I Year 06/30/ Controller controller with 4xGl-,". Warranty 2020 Cu/SFP ports NFE management port and Ix serial console port. Hasl CF card slot 2 (TSB slots. Can manage up to 1024 Access Points. AP capacity and feature licenses sold separately. Power cord sold separ ely. 15711 Wireless 16AP Lic for Summit 16 AP capacity license for Software 06/30/ W13700 Summit W13700 Warranty 2020 controller. Shipped as a voucher. 15712 Wireless 64AP Lic for Summit 64 AP capacity license for Software 06/30/ W13700 Summit W13700 Warranty 2020 controller. Shipped as a voucher. 15713 Wireless RTi-s Lic for Summit Real 'rime Location Software 06/30/ WM3700 System (Rri-s) feature Warranty 2020 upgrade license for Summit W13700 controller. Enables the API between the Rri-s engine in controller and 3rd party Rri-s application. 15714 Wireless Summit W1 3600 WI -AN Summit W1 3600 WI -AN I Year 06/30/ Controller controller with Ix GF,". Warranty 2020 Cu/SI P Uplink port 8x GF,". PoE ports 1x FE Mgmt port Ix (TSB 2.0 Host 1x ExpressCard Slot Ix PCIX Ix Serial Port 2 (TSB slots. Can manage up to 256 APs. Licenses sold separately. Power cord sold separately. 15715 Wireless 16 AP Lic for Summit 16 AP capacity license for Software 06/30/ W13600 Summit W13600 Warranty 2020 controller. Shipped as a voucher. Attachment D Page 94 of 471 Page 510 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15716 Wireless RTi-s Lic for Summit Real 'rime Location Software 06/30/ WM3600 System (Tubi -s) feature Warranty 2020 upgrade license for Summit W13600 controller. Enables the API between the Rri-s engine in controller and 3rd party Rri-s application. 15717 Wireless Summit W1 3400 WI -AN Summit W1 3400 WI -AN I Year 06/30/ Controller controller with 5xGl-,". Warranty 2020 PoE+ LAN ports IxGl-,". WAN port and Ix serial console port. Includes Ix ExpressCard Slot and Ix (JSB port. Bundled with support for 6 Access Points. Includes universal AC power module. Region specific power cord for power module sold separately. Requires Summit W13000 series software R4.2 or above 15718 Wireless 256 AP Lic for Summit 256 AP capacity license Software 06/30/ W13700 for Summit W13700 Warranty 2020 controller. Shipped as a voucher 15719 Wireless 64 AP Lic for Summit 64 AP capacity upgrade Software 06/30/ W13600 license for Summit Warranty 2020 W13600 controller. Shipped as a voucher with instructions on logging to the Extreme License server and generating the license key 15724 Wireless Altitude 4610US align InAn Altitude 4610 dualradio Limited 06/30/ AP 802.11 a/b/g/n indoor Lifetime 2020 Access Point for ITS Warranty regulatory domain. Has Wing one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes internal omnidirectional antennas. Attachment D Page 95 of 471 Page 511 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 96 of 471 Page 512 of 1515 Suitable for wall or below ceiling mount to 'rBars with builtin mounting brackets. 802.3af PoE powered or use a suitable midspan PoE injector 15725 Wireless Altitude 4610ROW abgn Altitude 4610 dualradio Limited 06/30/ InAn AP 802.1 la/b/g/n indoor Lifetime 2020 Access Point for Rest of Warranty the World regulatory Wing domainexcept Israel. Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes internal omnidirectional antennas. Suitable for wall or below ceiling mount to 'rBars with builtin mounting brackets. 802.3af PoE powered or use a suitable midspan PoE injector 15727 Wireless Altitude 4610EIJ abgn Altitude 4610 dualradio Limited 06/30/ InAn AP 802.1 la/b/g/n indoor Lifetime 2020 Access Point for European Warranty Union regulatory domain. Wing Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes internal omnidirect 15730 Wireless Altitude 46201JS abgn Altitude 4620 dualradio Limited 06/30/ ExAn AP 802.1 la/b/g/n indoor Lifetime 2020 Access Point for ITS Warranty regulatory domain. Has Wing one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes 6x detachable external omnidirectional antennas. Plenum rated. Suitable for Attachment D Page 96 of 471 Page 512 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 97 of 471 Page 513 of 1515 wall or above the ceiling mount with builtin mounting brackets. Comes with a light pipe to display LED activity below the drop down ceiling. IEF,".F,". 802.3af PoE powered or use a suitable midspan PoE injector 15731 Wireless Altitude 4620ROW abgn Altitude 4620 dualradio I Year 06/30/ ExAn AP 802.11a/b/ /n indoor Warranty 2020 Access Point for Rest of the World regulatory domainexcept Israel. Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes 6x detachable external omnidirectional antennas. Plenum rated. Suitable for wall or above the ceiling mount. Comes with a light pipe to display LED activity below the drop down ceiling. IEF,".F,". 802.3af PoE powered or use a suitable midspan PoE injector 15734 Wireless 3G Lic for Summit 3G feature upgrade Software 06/30/ W13600 license for Summit Warranty 2020 W13600 controller. Enables the operation of an approved 3G card plugged into the express card slot in Summit W13600. Require relevant 3G service from cellular carrier. Approved 3G card for the 3G service to be procured from 3rd party supplier. Attachment D Page 97 of 471 Page 513 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15735 Wireless Altitude 4611 ROW abgn Altitude 4611 singleradio Limited 06/30/ ImAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Rest Warranty of World regulatory Wing domain. Includes an internal omnidirectional antenna and Ix 10/100/1000 PoE port. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15736 Wireless AdvSecurity Lic for Advanced Security feature Software 06/30/ W13600 upgrade license for Warranty 2020 Summit W13600 controller. Enables Role Based Firewall Configuration and increases number of IPSEC VPN tunnels from 100 to 1024. Shipped as a voucher. 15737 Wireless AdvSecurity Lic for Advanced Security feature Software 06/30/ W13700 upgrade license for Warranty 2020 Summit W13700 controller. Enables Role Based Firewall Configuration and increases number of IPSEC VPN tunnels from 600 to 2048. Shipped as a voucher. 15738 Wireless Rackmount kit for Summit Rack mount kit for I Year 06/30/ WM3400 mounting Summit Warranty 2020 W13400 controller and the power module to a 19 rack. Optional accessory 15749 Wireless Altitude 4621 ROW abgn Altitude 4621 singleradio Limited 06/30/ ExtAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Rest Warranty of World regulatory Wing domainexcluding Israel. Includes 3x detachable external omnidirectional addle antennas and Ix Attachment D Page 98 of 471 Page 514 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 99 of 471 Page 515 of 1515 10/100/1000 PoE port. Plenum rated. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15750 WiNG Altitude 4710EIJ abgn Altitude 4710 dualradio Limited 06/30/ Wireless DualRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the European Union Wing regulatory domain. Includes an RJ45 console port and 2x C11Hh, data portsG1-,".1 is a PoE port C11H.2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in' ecto . 15751 Wireless Altitude 471OUS abgn Altitude 4710 dualradio Limited 06/30/ DualRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the US regulatory domain. Wing Includes an RJ45 console port and 2x C11Hh, data portsG1-,".1 is a PoE port C11H.2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external Attachment D Page 99 of 471 Page 515 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 100 of 471 Page 516 of 1515 power supply or PoE i nj ector. 15752 Wireless Altitude 4710ROW abgn Altitude 4710 dualradio Limited 06/30/ DualRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the Rest of World Wing regulatory domainexcluding Israel. Includes an RJ45 console port and 2x GE". data portsGE".1 is a PoE port GE".2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in' ecto . 15753 WiNG Altitude 47501JS abgn Altitude 4750 triradio Limited 06/30/ Wireless 'rri Radi o 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the US regulatory domain. Wing 'rhird radio functions as a sensor only. Includes an RJ45 console port and 2x CIE", data p o rt s GE". I is a PoE port GE".2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit W13000 series controllers. Powered by Attachment D Page 100 of 471 Page 516 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 101 of 471 Page 517 of 1515 802.3af/at PoE or by use of an optional external power supply or PoE i nj ector. 15754 Wireless Altitude 4750ROW abgn Altitude 4750 triradio Limited 06/30/ 'rri Radi o 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the Rest of World Wing regulatory domainexcluding Israel. 'rhird radio functions as a sensor only. Includes an RJ45 console port and 2x CIE", data p o rt s GE". I is a PoE port GE".2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in' ecto . 15755 Wireless Facade Antenna for 4700 Integrated snapon I Year 06/30/ AP dualband omnidirectional Warranty 2020 facade antenna for 4700 series Access Points. Snaps over the AP housing and the wires are connected to the antenna ports on the AP. Antenna gain 3dBi/5dBi on 2.4/5 C11 -1z bands. 15757 Wireless Altitude 4611 U S abgn Altitude 4611 singleradio Limited 06/30/ IntAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the ITS Warranty regulatory domain. Wing Includes an internal Attachment D Page 101 of 471 Page 517 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 102 of 471 Page 518 of 1515 omnidirectional antenna and Ix 10/100/1000 PoE port. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15758 Wireless Altitude 4621 U S abgn Altitude 4621 singleradio Limited 06/30/ ExtAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the ITS Warranty regulatory domain. Wing Includes 3x detachable external omnidirectional paddle antennas and Ix 10/100/1000 PoE port. Plenum rated. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15759 Wireless Altitude 4750EIJ abgn Altitude 4750 triradio Limited 06/30/ 'rri Radi o 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the European Union Wing regulatory domain. 'rhird radio functions as a sensor only. Includes an RJ45 console port and 2x C11H. data portsG1-,".1 is a PoE port C11H.2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in' ecto . Attachment D Page 102 of 471 Page 518 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15760 Wireless Altitude 461 IEIJ abgn Altitude 4611 singleradio Limited 06/30/ ImAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Warranty European Union with regulatory domain. express Includes an internal Advanced omnidirectional antenna Hardware and Ix 10/100/1000 PoE Replacern port. Managed by Summit ent W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15761 WiNG AP4511 Wallplate AP ITS Altitude AP4511 Single Limited 06/30/ Wireless radia 802.11a/b/ /n Wal I Lifetime 2020 Plate Access Point. 2x2 Warranty MIMO. Low profile. One Wing Fast Ethernet PoE uplink port one Fast Ethernet LAN port included. USonly version. 15762 Wireless AP4511 Wallplate AP WW Altitude AP4511 Single Limited 06/30/ radio 802.11a/b/ /n Lifetime 2020 WallPlate Access Point. Warranty 2x2 MIMO. Low profile. Wing One Fast Ethernet PoE uplink port one Fast Ethernet LAN port included. Rest of World (ROW) regulatory domain. 15764 Wireless AP4532i int ant ITS Altitude AP4532i internal I Year 06/30/ antenna Access Point for Warranty 2020 indoors installations for sale in the USA 15765 Wireless AP4532i int ant ROW Altitude AP4532i internal I Year 06/30/ antenna Access Point for Warranty 2020 sale WorldWide 15767 WiNG AP4532e ext ant ITS Altitude AP4532e Limited 06/30/ Wireless external antenna Access Lifetime 2020 Point for indoor Warranty installations for sale in the Wing USA 15768 WiNG AP4532e ext ant ROW Altitude AP4532e Limited 06/30/ Wireless external antenna Access Lifetime 2020 Point for indoor Attachment D Page 103 of 471 Page 519 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 104 of 471 Page 520 of 1515 installations for sale Warranty worldwide Wing 15770 Wireless Altitude 4621EIJ align Altitude 4621 singleradio Limited 06/30/ ExtAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Warranty European Union with regulatory domain. express Includes 3x detachable Advanced external omnidirectional Hardware paddle antennas and Ix Replacern 10/100/1000 PoE port. ent Plenum rated. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15771 Wireless Summit W1 3411 US Summit W1 3411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 ab n radios. For the US Regulatory Domain 15772 Wireless Summit W13411 WW Summit W13411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 ab n radios. For the Rest of World Regul tory Domain. 15774 Wireless Facade Antenna for 30 MiMo Facade I Year 06/30/ WM3411 Antenna for the Summit Warranty 2020 W13411 Wireless Controller 15776 Wireless Altitude 4620EIJ abgn Altitude 4620 dualradio Limited 06/30/ ExAn AP 802.11a/b/ /n indoor Lifetime 2020 Access Point for European Warranty Union regulatory domain. Wing Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes 6x detachable externa Attachment D Page 104 of 471 Page 520 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15777 Wireless Tbar AP Mount Bracket Wireless Mounting I Year 06/30/ IPC Bracket for ceiling 'rbar Warranty 2020 mount for 46xx 47xx Access Points I Pack 15778 Wireless 6AP fic upgrade 6 Wireless AP license Software 06/30/ WM34003411 upgrade for the Summit Warranty 2020 W13411 W13400 15779 Wireless Adv WIPS for Advanced WIPS upgrade Software 06/30/ WM34003411 for Summit Warranty 2020 W1 340OW1 3411 15780 Wireless Adv WIPS license for Advanced WIPS upgrade Software 06/30/ W13600 for W13600 Warranty 2020 15781 Wireless Adv WIPS license for Advanced WIPS upgrade Software 06/30/ W13700 for W13700 Warranty 2020 1 15782 WiNG AP4511 Wallplate AP EU Altitude AP4511 Single Limited 06/30/ Wireless radio 802.11a/h/ /n Lifetime 2020 WallPlate Access Point. Warranty 2x2 MIMO. Low profile. Wing One Fast Ethernet PoE uplink port one Fast Ethernet LAN port included. European Union re ulatory domain. 15783 Wireless AP4021i int ant ITS Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for ITS Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at PoE or by use of a PoE in' ecto . 15784 Wireless AP4021i int ant ROW Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for the Rest Wing of the World regulatory domain 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at PoE or by use of a PoE in' ecto . Attachment D Page 105 of 471 Page 521 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15785 Wireless AP402 I e ext ant ITS Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for ITS Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE injecto . 15787 Wireless Mbar AP Mount Bracket Wireless Mounting I Year 06/30/ IOPC Bracket for ceiling 'roar Warranty 2020 mount for 46xx 47xx Access Points rl-.N Pack 15788 Wireless AP402 I e ext ant ROW Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for the Rest Wing of World regulatory domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE in' ector. 15789 Wireless AP4521i int ant ITS Altitude AP4521i Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at PoE or by use of a PoE in' ecto . 15790 Wireless AP4521i int ant ROW Altitude AP4521i Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at Attachment D Page 106 of 471 Page 522 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 107 of 471 Page 523 of 1515 PoE or by use of a PoE i nj ector. 15791 Wireless AP4521e ext ant US Altitude AP452 I e Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE i nj ector. 15793 Wireless AP452 I e ext ant ROW Altitude AP452 I e Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE in' ector. 15794 Wireless AP4762 outdoor ITS Altitude AP4762 I Year 06/30/ dualradio Independent Warranty 2020 Outdoor Access Point for ITS regulatory domain 802.11 a/b/g/n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE in' ector. 15795 WiNG AP4762 outdoor ROW Altitude AP4762 I Year 06/30/ Wireless dualradio Independent Warranty 2020 Outdoor Access Point for Rest of World regulatory domain 802.11a/b/g/n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE in' ector. Attachment D Page 107 of 471 Page 523 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15796 Wireless AP4763 outdoor ITS Altitude AP4763 triradio I Year 06/30/ Independent Outdoor Warranty 2020 Access Point for ITS regulatory domain 802.11 a/b/g/n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE injecto . 15797 Wireless Summit W1 3411 EU Summit W1 3411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 ab n radios. For the European Union Regul tory Domain. 15798 Wireless AP4532i int ant EU Altitude AP4532i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 8 02. 11 a/b/g/n 20 MIMOintegrated internal omnidirectional antennas Powered by 802.3af/at P 0 1"". 15799 Wireless AP4532e ext ant EU Altitude AP4532e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 20 MIMO. External antennas not includedmust order separately up to 6 paddle antennas. Powered by 802.3af/at PoE. 15804 Wireless AP4021i int ant EU Altitude AP4021i Limited 06/30/ singleradio dependent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 8 02. 11 a/b/g/n 2x2 MIMOintegrated internal omnidirectional antennas. Attachment D Page 108 of 471 Page 524 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 109 of 471 Page 525 of 1515 Powered by 802.3af/at PoE. 15808 Wireless AP402 I e ext ant EU Altitude AP402 I e Limited 06/30/ singleradio dependent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust order separately up to 2 paddle antennas. Powered by 802.3af/at PoE. 15809 Wireless AP4521i int ant EU Altitude AP4521i Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO internal omnidirectional antennas Powered by 802.3af/at PoE. 15810 Wireless AP452 I e ext ant EU Altitude AP452 I e Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust order separately up to 2 paddle antennas. Powered by 802.3af/at PoE. 15811 WiNG AP4762 outdoor EU Altitude AP4762 I Year 06/30/ Wireless dualradio Independent Warranty 2020 Outdoor Access Point for European Union regulatory domain 802.11 a/b/g/n 30 MIMO. External antennas. Powered by 802.3at PoE. 15812 WiNG AP4763 outdoor EU Altitude AP4763 I Year 06/30/ Wireless dualradio with sensor Warranty 2020 Independent Outdoor Attachment D Page 109 of 471 Page 525 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 110 of 471 Page 526 of 1515 Access Point for European Union regulatory domain 802.11 a/b/g/n 30 MIMO. External antennas. Powered by 802.3at PoE. 15813 Wireless AP4022i int ant EU Altitude AP4022i Limited 06/30/ dualradio dependent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO integrated internal omnidirectional antennas. Powered by 802.3af/at Pot",. 15814 Wireless AP4022e ext ant EU Altitude AP4022e Limited 06/30/ dualradio dependent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust order separately up to 4 paddle antennas. Powered by 802.3af/at PoE. 15815 Wireless AP4522i int ant EU Altitude AP4522i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO internal omnidirectional antennas Powered by 802.3af/at PoE. 15816 Wireless AP4522e ext ant EU Altitude AP4522e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust order separately up to 4 paddle antennas. Powered by 802.3af/at PoE. Attachment D Page 110 of 471 Page 526 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15830 Wireless 1024 AP Lic for W1 395X 128 AP capacity license Software 06/30/ Cntrlr for W1395X family of Warranty 2020 controllers. 15831 Wireless AdvSecurity Lic for Advanced Security feature Software 06/30/ W1395X upgrade license for Warranty 2020 W1395X family of controllers. Enables Role Based Firewall Configuration. 15850 Wireless AP4532i int ant IL Altitude AP4532i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty Israel regulatory domain Wing 802.11 a/b/g/n 20 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at PoE or by use of a PoE injecto . 15910 Wireless AP4763 outdoor ROW Altitude AP4763 triradio I Year 06/30/ Independent Outdoor Warranty 2020 Access Point for Rest of World regulatory domain 802.11a/b/ /n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE in' ecto . 15911 WING AP4022i int ant ITS Altitude AP4022i Limited 06/30/ Wireless dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at PoE or by use of a PoE in' ecto . 15912 Wireless AP4022i int ant ROW Altitude AP4022i Limited 06/30/ dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at Attachment D Page 111 of 471 Page 527 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 112 of 471 Page 528 of 1515 PoE or by use of a PoE i nj ector. 15913 WiNG AP4022e ext ant US Altitude AP4022e Limited 06/30/ Wireless dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas.. Powered by 802.3af/at PoE or by use of a PoE i nj ector. 15916 Wireless AP4022e ext ant ROW Altitude AP4022e Limited 06/30/ dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE in' ector. 15993 Wireless AP4522i int ant US Altitude AP4522i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO integrated internal omnidirectional antennas Powered by 802.3af/at Pot",. 15994 Wireless AP4522i int ant ROW Altitude AP4522i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 802.11 a/b/g/n 2x2 MIMO internal omnidirectional antennas Powered by 802.3af/at Pot",. Attachment D Page 112 of 471 Page 528 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15995 Wireless AP4522e ext ant US Altitude AP4522e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust order separately up to 4 paddle antennas. Powered by 802.3af/at PoE. 15996 Wireless AP4522e ext ant ROW Altitude AP4522e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust order separately up to 4 paddle antennas. Powered by 802.3af/at 16105 Summit Stacking Cable 5.OM Summit tack Stacking Limited cable 5.OM (not supported Lifetime for Uni Stack) Warranty with express Advanced Hardware Replacern ent 16106 Summit Stacking Cable 0.51 SummitStackAJni Stack I Year Stacking cable 0.51 Warranty 16107 Summit Stacking Cable 1.51 SummitStackAJni Stack I Year Stacking cable 1.51 Warranty 16108 Summit Stacking Cable 3.OM SummitStackAJni Stack Limited Stacking cable 3.OM Lifetime Warranty with express Advanced Hardware Replacern ent 16117 Summit XGM32sf Option card two Limited 12/31/ unpopulated 10 Gigabit Lifetime 2022 SFP+ slots compatible Warranty with Summit X460 with Attachment D Page 113 of 471 Page 529 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 114 of 471 Page 530 of 1515 express Advanced Hardware Replacern ent 16119 Summit XCIM3S2xf/module 2 x I OGbE XFP port I Year 03/01/ interface module rear Warranty 2024 pluggable in Slot A on X460 and E401400 platforms supporting SummitStackV (and Synch, when used with E401400) 16120 Summit XCIM3SB4sf/module 4 x I OGbE SI P+ ports I Year 03/01/ rear p] uggabl e in Slot B Warranty 2024 on X460 and E401400 platforms (supporting Synch, when used with E401400) 16125 Summit SX460 Network griming ExtremeXOS Network Software 12/31/ Feature Pck 'riming Feature Pack for Warranty 2022 Summit X460 Series Switches 16126 Summit XCIM3S2sf/module 2 x lOGbE SFP+ port I Year 03/01/ interface module rear Warranty 2024 pluggable in Slot A on X460 and E401400 platforms supporting SummitStackV (and Synch, when used with E401400) 16127 E4G E4GB16TIEI/module 2 x MRJ21 ports for 16 1 Year 06/30/ pseudowire Warranty 2023 emulation 2 x SMA port for synchronization input/output rear lu le in Slot B 16169 Summit SX450G2 ExtremeXOS Audio Software Multimedia(AVB) Pck Video Bridging Feature Warranty Pack for Summit X4500.12 series switches 16172 Summit X450G224tGE".4Base Summit X450G2 24 Limited 10/100/1000BASE'r 4 Lifetime IOOOBASEX unpopulated Warranty SFP two 210I1 stacking with orfs 1 Fixed AC PSIJ I express Attachment D Page 114 of 471 Page 530 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 115 of 471 Page 531 of 1515 RPS port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacern license ent-2 16173 Summit X450G224pGE4Base Summit X450G2 24 Limited 10/100/1000BASE'r Lifetime POE + 4 IOOOBASEX Warranty unpopulated SIP two with 21CIb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacern ExtremeXOS Edge ent-2 license 16174 Summit X450G248tGI-,".4Base Summit X450G2 48 Limited 10/100/1000BASE'r 4 Lifetime IOOOBASEX unpopulated Warranty SIP two 21CIb stacking with ports (QSFP) I Fixed AC express PSIJ I RPS port fan Advanced module slot (unpopulated) Hardware ExtremeXOS Edge Replacern license w Policy ent-2 16175 Summit X450G248pGE4Base Summit X450G2 48 Limited 10/100/1000BASE'r Lifetime POE + 4 IOOOBASEX Warranty unpopulated SIP two with 21CIb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacern ExtremeXOS Edge ent-2 license 16176 Summit X450G224tIOCIF,".4Base Summit X450G2 24 Limited 10/100/1000BASE'r 4 Lifetime IOC113ASEX unpopulated Warranty SI P+ two 21CIb stacking with ports I Fixed AC PSIJ I express RPS port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacern license ent-2 16177 Summit X450G224pIOGE4Base Summit X450G2 24 Limited 10/100/1000BASE'r Lifetime POE + 4 IOC113ASEX Warranty unpopulated SI P+ two with Attachment D Page 115 of 471 Page 531 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 116 of 471 Page 532 of 1515 21CIb stacking ports) 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16178 Summit X450G248tIOGI-,".4Base Summit X450G2 48 Limited 10/100/1000BASE'r 4 Lifetime IOC113ASEX unpopulated Warranty SIP + two 21CIb stacking with ports I Fixed AC PSIJ I express RPS port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacem license ent-2 16179 Summit X450G248pIOGE4Base Summit X450G2 48 Limited 10/100/1000BASE'r Lifetime POE + 4 IOC113ASEX Warranty unpopulated SI P+ two with 21CIb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16190 Summit SX450G2 Edge to Adv ExtremeXOS Advanced Software Edge Lic Edge License upgrade for Warranty Summit X450G2 series switches 16191 Summit X450G2 Core Lic from ExtremeXOS Advanced Software Edge Lic Core License upgrade Warranty from Edge License for ExtremeSwitching X450G2 series switches 16192 Summit X450G2 Core Lic from ExtremeXOS Advanced Software Adv Edge Core License upgrade Warranty from Advanced Edge License for ExtremeSwitching X450G2 series switches 16200 Summit SX450G2 Openflow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for Summit X450G2 series switches 16220 E4G E4G'rDM BreakOut Cable TDM connectivity I Year 06/30/ breakout cable that Warranty 2023 Attachment D Page 116 of 471 Page 532 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 117 of 471 Page 533 of 1515 provides I x MRJ21 to 8 x RJ48c for use with 'rDM modules using MRJ21 connectors 16301 Summit Summit X48048t 48 10/100/1 OOOBASET 4 1 Year 07/15/ 100/1000BASEX Warranty 2025 unpopulated SFP (shared) No PSIJ with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 16303 Summit Summit X48024x 24 100/1000BASEX I Year 07/15/ unpopulated SFP 12 Warranty 2025 10/100/1000BASE'r (shared) 2 unpopulated XFP ports No PSIJ with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 16304 Summit Summit X48048x 48 100/1000BASEX I Year 07/15/ unpopulated SFP No PSIJ Warranty 2025 with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 16311 Summit VIM2SummitStack VI12SummitStack 2 1 Year 07/15/ SummitStack stacking Warranty 2025 ports 16312 Summit VI1 21OG4X VI1 21OG4X 4 1 Year 07/15/ I OC113ASEX XFP ports Warranty 2025 16313 Summit VI12SummitStackI28 VI12SummitStackI28 2 1 Year 07/15/ x 64G stacking ports Warranty 2025 16315 Summit VIM2SummitStackV80 VIM2SummitStackV80 2 1 Year 12/31/ x 40G stacking ports Warranty 2022 1 16321 Summit Summit X480 Core License ExtremeXOS Core Software License for Summit X480 Warranty series switches 16322 Summit Summit X480 MPLS ExtremeXOS MPLS Software Feature Pack Feature Pack for Summit Warranty X480 series switches 16323 Summit Summit X480 Open glow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for Summit X480 series switches Attachment D Page 117 of 471 Page 533 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16401 Summit Summit X46024t 24 10/100/1000BASET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SIP (4 24 Warranty 10/100/1000BASE'r 8 with 100/1000BASEX express unpopulated SIP (4 SIP Advanced ports shared with Hardware 10/100/1000BASE'r Replacern ports) XCIM3 slot ent Stacking module slot 30OW AC PSIJ with one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 16402 Summit Summit X46048t 48 10/100/1 OOOBASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SIP XGM3 Warranty slot Stacking module slot with 30OW AC PSIJ with one express unpopulated PSIJ slot Fan Advanced Module ExtremeXOS Hardware Edge License Replacern ent 16403 Summit Summit X46024p 24 10/100/1000BASET Limited 06/30/ PoEplus 8 Lifetime 2022 100/1000BASEX Warranty unpopulated SIP (4 SIP with ports shared with express 10/100/1000BASE'r Advanced ports) XCIM3 slot Hardware Stacking module slot Replacern 750W AC PoE PSIJ with ent one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 16404 Summit Summit X46048p 48 10/100/1000BASET Limited 06/30/ PoEplus 4 Lifetime 2022 100/1000BASEX Warranty unpopulated SIP XGM3 with slot Stacking module slot express 750W AC PoE PSIJ with Advanced one unpopulated PSIJ slot Hardware Fan Module ExtremeXOS Replacern Edge License ent Attachment D Page 118 of 471 Page 534 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16405 Summit Summit X46024x 24 100/1000BASEX Limited 06/30/ unpopulated SIP 8 Lifetime 2022 10/100/1000BASE-r (4 Warranty 10/100/1000BASE'r ports with shared with SIP ports) express XCIM3 slot Stacking Advanced module slot 30OW AC Hardware PSIJ with one Replacern unpopulated PSIJ slot Fan ent Module ExtremeXOS Edge License 16406 Summit Summit X46048x 48 100/1000BASEX Limited 06/30/ unpopulated SIP XGM3 Lifetime 2022 slot Stacking module slot Warranty 30OW AC PSIJ with one with unpopulated PSIJ slot Fan express Module ExtremeXOS Advanced Edge License Hardware Replacern ent 16407 Summit Summit X46024tDC 24 10/100/1000BASET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SIP (4 24 Warranty 10/100/1000BASE'r 8 with 100/1000BASEX express unpopulated SIP (4 SIP Advanced ports shared with Hardware 10/100/1000BASE'r Replacern ports) XCIM3 slot ent Stacking module slot 30OW DC PSIJ with one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 16408 Summit Summit X46048tDC 48 10/100/1 OOOBASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP XGM3 Warranty slot Stacking module slot with 30OW DC PSIJ with one express unpopulated PSIJ slot Fan Advanced Module ExtremeXOS Hardware Edge License Replacern ent Attachment D Page 119 of 471 Page 535 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16409 Summit Summit X46024xDC 24 100/1000BASEX Limited 06/30/ unpopulated SIP 8 Lifetime 2022 10/100/1000BASE-r (4 Warranty 10/100/1000BASE'r ports with shared with SIP ports) express X01M3 slot Stacking Advanced module slot 30OW DC Hardware PSIJ with one Replacern unpopulated PSIJ slot Fan ent Module ExtremeXOS Edge License 16410 Summit Summit X46048xDC 48 100/1000BASEX Limited 06/30/ unpopulated SIP X01M3 Lifetime 2022 slot Stacking module slot Warranty 30OW DC PSIJ with one with unpopulated PSIJ slot Fan express Module ExtremeXOS Advanced Edge License Hardware Replacern ent 16419 Summit SummitStack Module SummitStack Module for Limited 12/31/ Summit X460 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent 16420 Summit SummitStackV80 Module SummitStackV80 Module Limited 12/31/ for Summit X460 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent 16421 Summit Advanced Edge Lie ExtremeXOS Advanced Software X460/012 Edge License for Summit Warranty X460 X4600.12 Series Switches 16422 Summit Core Lie from Edge Lie ExtremeXOS Advanced Software X460/01 Core License upgrade Warranty from Edge License for Attachment D Page 120 of 471 Page 536 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 121 of 471 Page 537 of 1515 Summit X460 X4600.12 Series Switches 16423 Summit Core Lie from Adv Edge ExtremeXOS Advanced Software X460/01 Core License upgrade Warranty from Advanced Edge License for Summit X460 X460012 series switches 16424 Summit MPLS Feature Pack ExtremeXOS MPLS Software X460/012 Feature Pack for Summit Warranty X460 X4600.12 Series Switches 16425 Summit Open glow FeaturePack ExtremeXOS SDN Software X460/012 Open glow Feature Pack Warranty for Summit X460 X4600.12 series switches 16426 Summit Multimedia(AVB) Pck ExtremeXOS Audio Software X460/012 Video Bridging Feature Warranty Pack for Summit X460 X4600.12 series switches 16431 E40I E40I400AC/router 24 x 10/100/1000BASET I Year 06/30/ 8 x 100/1000BASEX Warranty 2023 unpopulated SIP (4 SI P ports shared with 10/100/1000BASE'r ports)Rear Slot A Rear Slot B with AC Power Supply Fan module 16432 E40I E40I40ODC/router 24 x 10/100/1000BASET I Year 06/30/ 8 x 100/1000BASEX Warranty 2023 unpopulated SIP (4 SI P ports shared with 10/100/1000BASE'r ports)Rear Slot A Rear Slot B with DC Power Supply Fan module 16440 E40I E40I20012xDC/router 12 x 100/1000BASEX I Year 06/30/ unpopulated SIP one Warranty 2023 front I/O slot one front Sync slot one internal DC PSIJ with two inputs 16441 E40I E40I20ODC/router 8 x 10/100/1000BASET 4 1 Year 06/30/ x 100/1000BASEX Warranty 2023 unpopulated SIP one front I/O slot one front Sync slot one internal DC PSIJ with two inputs Attachment D Page 121 of 471 Page 537 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16442 E4G E4G r`I 6T IE I/modul e 16 x RJ45 port front I Year 06/30/ plugin module supporting Warranty 2023 pseudowire emulation of 16 r 11h,1 16444 E4G E4GCI-K/module 2 x SMA port front plugin I Year 06/30/ module supporting BIrs Warranty 2023 1588v2 Synch, and rDM Line timing 16490 E4G E4G200 Ntwrk Ti mi ng ExtremeXOS Network Software 06/30/ 1588 PrP 'riming Feature Pack for Warranty 2023 E4G200 that enables 1588v2 PrP (Precision 'rime Protocol) 16491 E4G E4G200 Adv Edge Lic Extreme XOS Advanced Software 06/30/ MPLS Edge License Upgrade Warranty 2023 from Edge for E4G200 products and includes the MPDS feature pack 16492 E4G E4G200 Core Lic from Adv Extreme XOS Core Software 06/30/ Edge License Upgrade from Warranty 2023 Advanced Edge for E4G200 products 16493 E4G E4G200 Core Lic fr Edge Extreme XOS Core Software 06/30/ MPLS License Upgrade from Warranty 2023 Edge for E4G200 products and includes the MPDS feature pack 16495 E4G E4G400 Ntwrk Ti mi ng ExtremeXOS Network Software 06/30/ 1588 PrP 'riming Feature Pack for Warranty 2023 E4G400 that enables 1588v2 PrP (Precision 'rime Protocol) 16496 E4G E4G400 Core Lic from Adv Extreme XOS Core Software 12/31/ Edge License Upgrade from Warranty 2024 Advanced Edge for E4G400 products 16497 BD BDX83rd Party Optics ExtremeXOS 3rd Party No 12/31/ License Optics (4001 and I OOG) Warranty 2024 FeaturePack for BDX8 16498 BD 8K BD88003rd Party Optics ExtremeXOS 3rd Party No 12/31/ License Optics (4001 and I OOG) Warranty 2024 FeaturePack for BD8800 16499 Summit Summit 670V3rd Party ExtremeXOS 3rd Party No Optics Lic Optics (4001 and I OOG) Warranty FeaturePack for Summit 670 Attachment D Page 122 of 471 Page 538 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16501 Summit Summit X4408t 8 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP SummitStack Warranty Stacking ports I AC PSIJ with ExtremeXOS Edge express license Advanced Hardware Replacern ent 16502 Summit Summit X4408p 8 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP Warranty SummitStack Stacking with ports I AC PSIJ express ExtremeXOS Edge Advanced license Hardware Replacern ent 16503 Summit Summit X44024t 24 10/100/1000BASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) SummitStack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16504 Summit Summit X44024p 24 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP (4 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) SummitStack Advanced Stacking ports I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 16505 Summit Summit X44048t 48 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) SummitStack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent Attachment D Page 123 of 471 Page 539 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16506 Summit Summit X44048p 48 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASE'r express ports) Summit tack Advanced Stacking ports I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 16507 Summit Summit X44024tI0G 24 10/100/1000BASE'r 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 I0C113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16508 Summit Summit X44024p I OG 24 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP (4 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) 2 I0C113ASEX Advanced SI P+ I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 16509 Summit Summit X44048tI0G 48 10/100/1000BASET 2 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (2 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 I0C113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16510 Summit Summit X44048p I OG 48 10/100/1000BASET Limited 03/31/ PoEplus 2 IOOOBASEX Lifetime 2022 unpopulated SIP (2 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) 2 I0C113ASEX Advanced SI P+ I AC PSIJ Hardware ExtremeXOS Edge Attachment D Page 124 of 471 Page 540 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 125 of 471 Page 541 of 1515 license connector for Replacern external power supply ent 16513 Summit Summit X44024x 24 100/1000BASEX SIP Limited 03/31/ ports 4 gigabit combo Lifetime 2022 ports (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) Summit Stack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16514 Summit Summit X44024xIOG 24 100/1000BASEX SIP Limited 03/31/ ports 4 gigabit combo Lifetime 2022 ports (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 IOC113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16515 Summit Summit X4308p 8 10/100/1000BASET Limited 09/30/ PoE+ 2 IOOOBASEX Lifetime 2023 unpopulated SIP I AC Warranty PSIJ ExtremeXOS 1-2 with Edge license express Advanced Hardware Replacern ent 16516 Summit Summit X43024t 24 10/100/1000BASET 4 Limited 09/30/ IOOOBASEX unpopulated Lifetime 2023 SIP I AC PSIJ Warranty ExtremeXOS 1-2 Edge with license express Advanced Hardware Replacern ent 16517 Summit Summit X43024p 24 10/100/1000BASET Limited 09/30/ PoE+ 4 IOOOBASEX Lifetime 2023 unpopulated SIP I AC Warranty PSIJ ExtremeXOS 1-2 with Edge license express Advanced Attachment D Page 125 of 471 Page 541 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 126 of 471 Page 542 of 1515 Hardware Replacern ent 16518 Summit Summit X43048t 48 10/100/1 OOOBASET 4 Limited 09/30/ IOOOBASEX unpopulated Lifetime 2023 SFP I AC PSIJ Warranty ExtremeXOS 1-2 Edge with license express Advanced Hardware Replacern ent 16519 Summit Summit X44024tDC 24 10/100/1000BASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASE'r with ports) Summit Stack express Stacking ports I DC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply. ent 16520 Summit Summit X44048tDC 48 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASE'r with ports) Summit Stack express Stacking ports I DC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply. ent 16521 Summit Summit X440 Adv. Edge ExtremeXOS Advanced Software License Edge License for Summit Warranty X440 series switches 16522 Summit Summit X440 Open glow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for Summit X440 series switches 16523 Summit X440 Multimedia(AVB) ExtremeXOS Audio Software Feature Pck Video Bridging Feature Warranty Pack for Summit X440 series switches 16524 Summit X430 AVB Pk 100 streams ExtremeXOS Audio Software 09/30/ 8 ports Video Bridging Feature Warranty 2023 Pack for Summit X430 series switches Maximum Attachment D Page 126 of 471 Page 542 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 127 of 471 Page 543 of 1515 of 100 active streams on no more than eight ports 16525 Summit Summit X4308p Mounting Rack Mounting it for I Year 09/30/ Kit Summit X4308p Switch Warranty 2023 16530 Summit X440G212t I OCII-,",4 X440G2 12 Limited 10/100/1000BASE'r 4 Lifetime lGbE unpopulated SIP Warranty upgradable to I OGbE with SFP+ I Fixed AC PSIJ I express RPS port ExtremeXOS Advanced Edge license Hardware Replacern ent-2 16531 Summit X440G212p I OCII-,",4 X440G2 12 Limited 10/100/1000BASE'r Lifetime POET 4 1 GbE Warranty unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license Replacern ent-2 16532 Summit X440G224t I OCII-,",4 X440G2 24 Limited 10/100/1000BASE'r 4 Lifetime SIP combo 4 lGbE Warranty unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license Replacern ent-2 16533 Summit X440G224p I OCII-,",4 X440G2 24 Limited 10/100/1000BASE'r Lifetime POE 4 SIP combo 4 Warranty lGbE unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license Replacern ent-2 16534 Summit X440G248t I OCII-,",4 X440G24800CIIH.4 long Limited description X440G2 48 Lifetime 10/100/1000BASE'r 4 Warranty SIP combo 4 lGbE with unpopulated SIP express upgradable to I OGbE Advanced Attachment D Page 127 of 471 Page 543 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 128 of 471 Page 544 of 1515 SFP+ (2 combo/2 Hardware noncombo) 2 lGbE Replacern copper combo upgradable ent-2 to lOGbE I Fixed AC PSIJ I RPS port ExtremeXOS Edge license 16535 Summit X44001248p I OCII-,",4 X4400.12 48 Limited 10/100/1000BASE'r Lifetime POE + 4 1 GbE Warranty unpopulated SIP with upgradable to I OGbE express SI P+ (2 combo/2 Advanced noncombo) 2 lGbE Hardware copper combo upgradable Replacern to lOGbE I Fixed AC ent-2 PSIJ I RPS port ExtremeXOS Edge license 16536 Summit X44001224tIO0!I-,".4DC X4400.12 24 Limited 10/100/1000BASE'r 4 Lifetime SIP combo 4 lGbE Warranty unpopulated SIP with upgradable to I OGbE express SI P+ I Fixed DC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license Replacern ent-2 16537 Summit X44001248tIO0!I-,".4DC X4400.12 48 Limited 10/100/1000BASE'r 4 Lifetime SIP combo 4 lGbE Warranty unpopulated SIP with upgradable to I OGbE express SI P+ (2 combo/2 Advanced noncombo) 2 lGbE Hardware copper combo upgradable Replacern to lOGbE I Fixed DC ent-2 PSIJ I RPS port ExtremeXOS Edge license 16538 Summit X44001224xIO0E4 X4400.12 24 unpopulated Limited IOOOBASEX SIP (4 Lifetime combo) 4 10/100/1000 Warranty combo 4 1 GbE with unpopulated SIP express upgradabl e to I OGbE Advanced Attachment D Page 128 of 471 Page 544 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 129 of 471 Page 545 of 1515 SFP+ I Fixed AC PSIJ I Hardware RPS port ExtremeXOS Replacern Edge license ent-2 16539 Summit X44001224fx011-,".4 X4400.12 24 fixed Limited IOOBASI-,".F,X LC Lifetime connectors 4 I0113ASEX Warranty unpopulated SIP I Fixed with AC PSIJ I RPS port express ExtremeXOS Edge Advanced license OC to 60C Hardware operation Replacern ent-2 16540 Summit X44001212t8fx0l1-,".4 X4400.1212 Limited 10/100/1000BASE'r plus iifetime 8 fixed IOOBASI-,".FX LC Warranty connectors 4 I0113ASEX with unpopulated SIP I Fixed express AC PSIJ I RPS port Advanced ExtremeXOS Edge Hardware license OC to 60C Replacern operation ent-2 16541 Summit X44001224t0 E4 X4400.12 24 fixed Limited 10/100/100013ASE'rX 4 Lifetime I0113ASEX unpopulated Warranty SIP I Fixed AC PSIJ I with RPS port ExtremeXOS express Edge license OC to 60C Advanced operation Hardware Replacern ent-2 16542 Summit Dual lOGbE Upgrade License that converts the Software License two nonstack lGbE SIP Warranty ports to be I OGbE SI P+ 16543 Summit Quad lOGbE Upgrade License that converts four Software License I0 bE SFP ports to be Warranty lOGbE SI P+ 16546 Summit Quad I OGbE Li c from Dual License that upgrades an Software I OGbE Lic already licensed Dual Warranty I OGbE switch to a Quad I OGbE switch 16560 FastPath 22012t1OCHH2 220Series 12 port Limited Switches 10/100/1000BASE'r 2 Lifetime lOGbE unpopulated SFP+ Warranty ports I Fixed AC PSIJ 1-2 with Switching with RIP and Express Static Routes I Advanced Attachment D Page 129 of 471 Page 545 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 130 of 471 Page 546 of 1515 countryspecific power Hardware cord Replacern ent - B 16561 FastPath 22012p I OGF",2 220Series 12 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 2 10GbE Warranty unpopulated SI P+ ports I with Fixed AC PSIJ 1-2 Express Switching with RIP and Advanced Static Routes I Hardware countryspecific power Replacern cord ent- B 16562 FastPath 22024t I OGF",2 220Series 24 port Limited Switches 10/100/1000BASE'r 2 Lifetime lOGbE unpopulated SFP+ Warranty ports I Fixed AC PSIJ I with RPS port 1-2 Switching Express with RIP and Static Advanced Routes I countryspecific Hardware power cord Replacern ent - B 16563 FastPath 22024p I OCHH2 220Series 24 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 2 10GbE Warranty unpopulated SI P+ ports I with Fixed AC PSIJ I RPS port Express 1-2 Switching with RIP Advanced and Static Routes I Hardware countryspecific power Replacern cord ent- B 16564 FastPath 22048t I OCII-,",4 220Series 48 port Limited Switches 10/100/1000BASE'r 4 Lifetime lOGbE unpopulated SFP+ Warranty ports (2 LRM Capable) I with Fixed AC PSIJ I RPS port Express 1-2 Switching with RIP Advanced and Static Routes I Hardware countryspecific power Replacern cord ent- B 16565 FastPath 22048p I OCII-,",4 220Series 48 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 4 10GbE Warranty unpopulated SI P+ ports with (2 LRM Capable) I Fixed Express AC PSIJ I RPS port 1-2 Advanced Switching with RIP and Hardware Attachment D Page 130 of 471 Page 546 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 131 of 471 Page 547 of 1515 Static Routes I Replacern countryspecific power ent - B cord 16566 FastPath 21012tGF",2 21OSeries 12 port Limited Switches 10/100/1000BASE'r 2 Lifetime IGbE unpopulated SIT- Warranty ports I Fixed AC PSIJ 1-2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Replacern ent - B 16567 FastPath 21012pGF",2 21OSeries 12 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 2 1 GbE Warranty unpopulated SIP ports I with Fixed AC PSIJ 1-2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacern ent - B 16568 FastPath 21024tC1I-,",2 21OSeries 24 port Limited Switches 10/100/1000BASE'r 2 Lifetime IGbE unpopulated SIP Warranty ports I Fixed AC PSIJ 1-2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Replacern ent - B 16569 FastPath 21024pGI-,",2 21OSeries 24 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 2 1 GbE Warranty unpopulated SIP ports I with Fixed AC PSIJ 1-2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacern ent - B 16570 FastPath 21048tGI-,",4 21OSeries 48 port Limited Switches 10/100/1000BASE'r 4 Lifetime IGbE unpopulated SIP Warranty ports I Fixed AC PSIJ 1-2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Attachment D Page 131 of 471 Page 547 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 132 of 471 Page 548 of 1515 Replacern ent - B 16571 FastPath 21048pGF",4 210Series 48 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 4 1 GbE Warranty unpopulated SIP ports I with Fixed AC PSIJ 1-2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacern ent - B 16572 FastPath 200Series Dual Rack Hardware kit for Limited Switches Mount Kit mounting two 12 port Lifetime 200Series switches (210 Warranty and/or 220) sidebyside in with a 19 inch rack Express Advanced Hardware Replacern ent - B 16573 FastPath 200Series Wall Mount Kit Hardware kit for wall Limited Switches mounting one 12 port Lifetime 200Series switch (either Warranty 210 or 220) with Express Advanced Hardware Replacern ent - B 16701 Summit X460G224t1OC!F".4Base Summit X460G2 24 Limited 10/100/1000BASE'r 8 Lifetime 100/1000BASEX unpopd Warranty SIP (4 SIP ports shared) with 4 1000/10CI13aseX unpopd express SFP+ ports Rear VIM Slot Advanced (unpopd) Rear,riming Hardware Slot (unpopd) 2 unpopd Replacern PSIJ slots fan module slot ent-2 (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater Attachment D Page 132 of 471 Page 548 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16702 Summit X460G248t1OGIH.413ase Summit X4600.12 48 Limited 10/100/1000BASE'r 4 Lifetime 1000/100I13aseX unpopd Warranty SFP+ ports Rear VIM Slot with (unpopd) hear aiming express Slot (unpopd) 2 unpopd Advanced PSIJ slots fan module slot Hardware (unpopd) ExtremeXOS Replacern Advanced Edge license ent-2 with EXOS Release 22.1 or greater 16703 Summit X460G224p1OGE4Base Summit X460012 24 Limited 10/100/1000BASE'r Lifetime PoE+ 8 100/1000BASEX Warranty unpopd SIP (4 SIP ports with shared) 4 express 1000/100I13aseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rearriming Replacern Slot (unpopd) 2 unpopd ent-2 PSIJ slots fan module slot (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16704 Summit X460G248p1OGE4Base Summit X460G2 48 Limited 10/100/1000BASE'r Lifetime PoE+ 4 1000/10CI13aseX Warranty unpopd SI P+ ports Rear with VIM Slot (unpopd) Rear express 'riming Slot (unpopd) 2 Advanced unpopd PSIJ slots fan Hardware module slot (unpopd) Replacern ExtremeXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16705 Summit X460G224x1OGE4Base Summit X4600.12 24 Limited 100/1000BASEX unpopd Lifetime SIP 8 Warranty 10/100/1000BASEr (4 with ports shared) 4 express 1000/100I13aseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rearriming Replacern Slot (unpopd) 2 unpopd ent-2 PSIJ slots fan module slot (unpopd) ExtremeXOS Attachment D Page 133 of 471 Page 549 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 134 of 471 Page 550 of 1515 Advanced Edge license with EXOS Release 22.1 or greater 16706 Summit X46001248x10GE4Base Summit X4600.12 48 Limited 100/1000BASEX unpopd Lifetime SFP 4 1000/10GBaseX Warranty unpopd SI P+ ports Rear with VIM Slot (unpopd) Rear express 'riming Slot (unpopd) 2 Advanced unpopd PSIJ slots fan Hardware module slot (unpopd) Replacern ExtremeXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16710 Summit Summit X4600.12 VIM2q Optional Virtual Interface Limited Module for the rear of the Lifetime X4600.12 providing 2 Warranty 40C113ASEX ports with unpopulated QSFP+ express Advanced Hardware Replacern ent-2 16711 Summit Summit X4600.12 VIM2x Optional Virtual Interface Limited Module for the rear of the Lifetime X4600.12 providing 2 Warranty I OC113ASEX ports with unpopulated SI P+ express Advanced Hardware Replacern ent-2 16712 Summit Summit X4600.12 VIM2t Optional Virtual Interface Limited Module for the rear of the Lifetime X4600.12 providing 2 Warranty I OGBASE'r ports with express Advanced Hardware Replacern ent-2 16713 Summit Summit X4600.12 VIM2ss Optional Virtual Interface Limited Module for the rear of the Lifetime Warranty Attachment D Page 134 of 471 Page 550 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 135 of 471 Page 551 of 1515 X4600.12 providing 2 ports with of Extremes Summit tack express Advanced Hardware Replacern ent-2 16714 Summit TIMING si-6T GND[AJG Modular Grounding Lug No Card for the X4600.12 that Warranty utilizes the 'riming Module slot (note that adding the grounding lug excludes use of the 16715 'riming Module) 16715 Summit Summit X4600.12,rmcl-K Optional 'riming Module Limited for the rear of the X4600.12 Lifetime providing the hardware Warranty for SyncE and 1588 Prp with clocking with 2 ports of express miniBNC connectors for Advanced clocking outputs Hardware Replacern ent-2 16716 Summit X46001224t01F,".413ase Summit X4600.12 24 Limited 10/100/1000BASE'r 8 Lifetime 100/1000BASEX unpopd Warranty SFP (4 SFP ports shared) with 4 IC113ASEX unpopd SIP express Rear VIM Slot (unpopd) Advanced hear aiming Slot Hardware (unpopd) 2 unpopd PSIJ Replacern slots fan module slot ent-2 (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16717 Summit X46001248t011-,".4Base Summit X4600.12 48 Limited 10/100/1000BASE'r 4 Lifetime IC113ASEX unpopd SIP Warranty Rear VIM Slot (unpopd) with hear aiming Slot express (unpopd) 2 unpopd PSIJ Advanced slots fan module slot Hardware (unpopd) ExtremeXOS Replacern Advanced Edge license ent-2 with EXOS Release 22.1 or greater Attachment D Page 135 of 471 Page 551 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16718 Summit X460G224pGE4Base Summit X460012 24 Limited 10/100/1000BASE'r Lifetime PoE+ 8 100/1000BASEX Warranty unpopd SIP (4 SIP ports with shared) 4 IC113ASEX express unpopd SIP Rear VIM Advanced Slot (unpopd) Rear Hardware 'riming Slot (unpopd) 2 Replacern unpopd PSIJ slots fan ent-2 module slot (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16719 Summit X460G248pGE4Base Summit X4600.12 48 Limited 10/100/1000BASE'r Lifetime PoE+ 4 IC113ASEX Warranty unpopd SIP Rear VIM with Slot (unpopd) Rear express 'riming Slot (unpopd) 2 Advanced unpopd PSIJ slots fan Hardware module slot (unpopd) Replacern ExtremeXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16720 Summit X460G216mp32p10011-,".4 16 100Mb/1.0/2.5 GbE Limited PoEplus 32 Lifetime 10/100/1000BASE'r Warranty PoEplus 4 with 1000/10CI13aseX express unpopulated SI P+ ports Advanced Rear VIM Slot (unpopd) Hardware hear aiming Slot Replacern (unpopd) 2 unpopulated ent-2 PSIJ slots fan module slot (unpopd) EXOS Advanced Edge license with p ficy 16755 Summit Summit X4600.12 Ntwrk ExtremeXOS Network Software 'riming 1588 'riming Feature Pack for Warranty Summit X4600.12 that enables 1588v2 PrP (Precision 'rime Protocol) Boundary Clock Attachment D Page 136 of 471 Page 552 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16756 Summit X460G224p24hp I OGE413as X4600.12 24 Limited e 10/100/1000BASE'r full iifetime duplex PoE+ 24 Warranty 10/100/1000BASE'r with full/half duplex PoE+ 4 express 1000/10CI13aseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rear,riming Replacern Slot (unpopd) 2 unpopd ent-2 PSIJ slots fan module slot (unpopd) ExtremeXOS Advanced Edge 16757 Summit X460G224t24ht10011-,".4Base X4600.12 24 Limited 10/100/1000BASE'r full iifetime duplex 24 Warranty 10/100/1000BASE'r with full/half duplex 4 express 1000/10CI13aseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rear,riming Replacern Slot (unpopd) 2 unpopd ent-2 PSIJ slots fan module slot (unpopd) ExtremeXOS Advanced Edge 16776 Summit Rear Rail Kit4 Post Adapter kit for adding No Mounting rear rails to enable four Warranty post mounting of X4600.12 and Summit 17 or deeper switches 16777 Summit Four Piece Rack Mount it Four Piece Rack Mount No Spare Kit Spare. Compatible Warranty with X4500.12 X4600.12 X620 (16 port models) X670 X670 X670 012 X690 X770 X870 16778 Smart X4400.12 EXOS MACsec ExtremeSwitching Software OmniEdge Feature Pack X4400.12 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with ExtremeSwitching I-RM/MACsec Adapter 16779 Smart X4500.12 EXOS MACsec ExtremeSwitching Software OmniEdge Feature Pack X4500.12 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with Attachment D Page 137 of 471 Page 553 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 138 of 471 Page 554 of 1515 ExtremeSwitching [-RM/MACsec Adapter 16780 Smart X4600.12 EXOS Csec ExtremeSwitching Software OmniEdge Feature Pack X4600.12 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with X460G224p24hp 1001F,4 X460G224t24ht I OCII-,",4 models or ExtremeSwitching [-RM/MACsec Adapter 16790 Summit X59024xlq2c Base System ExtremeSwitching X590 I Year base unit with 24 Warranty lGb/I0Gb SFP+ ports I 10Gb/40Gb QSFP+ port 2 10Gb/25Gb/40Gb/50Gb/I 00Gb capable QSFP28 ports 2 unpopulated power supplies slots 4 unpopulated fan module slots ExtremeXOS Advanced Edge License 16791 Summit X59024tlq2c Base System Extreme Switching X590 I Year base unit with 24 Warranty 100Mb/I01b/100IBASE'r ports I 10Gb/40Gb QSFP+ port 2 10Gb/25Gb/40Gb/50Gb/I 00Gb capable QSFP28 ports 2 unpopulated power supplies slots 4 unpopulated fan module slots ExtremeXOS Advanced Edge License 16795 Summit X590 EXOS Core License Extreme Swi tchi ng X590 Software ExtremeXOS Core license Warranty upgrade from Advanced E ge 16801 Fixed 1-2 ISW 4port POE + 10/100 2Port 5 Year 410/100P21o/1oo'r2SFP 10/100 w/ 2port SFP Warranty Operating 'remperature 40C +75C 16802 Fixed 1-2 ISW 810/100P4SFP Sport POE + 10/100 w/ 5 Year 4port SFP Operating Warranty 'remperature 40C +75C Attachment D Page 138 of 471 Page 554 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16803 Fixed 1-2 ISW 4G13P2G13'r2SFP 4port POE + Gigabit 2port 5 Year Gigabit w/ 2port SF P Warranty Operating 'remperature 40C +75C 16804 Fixed 1-2 ISW 8G13P4SFP Sport POE + Gigabit w/ 5 Year 4port SFP Operating Warranty 'remperature 40C +75C 16805 Fixed 1-2 POE INJ75W24 24VDC GbE PoE injector 3 Year with 60/75W output Warranty Operating 'remperature 40C +75C 16806 Fixed 1-2 POE INJ3OW24 24VDC GbE PoE injector 3 Year with 30W output Warranty Operating 'remperature 40C +75C 16807 Fixed 1-2 IS ACDC PS 240W IS ACDC Power Supply 3 Year 240W Output DIN Rail 25 Warranty 70C 16920 Fixed 1-2 IS ACDC PS 48OW IS ACDC Power Supply 3 Year 48OW Output DIN Rail 25 Warranty 70C 17026 Summit Stacking Cable 1280E/64G Conversion cable for Limited LOM SummitStack256 and Lifetime SummitStack128 LOM Warranty with express Advanced Hardware Replacern ent 17030 Summit Stacking Cable 640E LOM SummitStack128 Stacking Limited Cable LOM Lifetime Warranty with express Advanced Hardware Replacern ent 17038 Summit Stacking Cable 640E/20G Conversion cable for Limited LOM SummitStack128 and Lifetime SummitStack LOM Warranty with express Advanced Hardware Attachment D Page 139 of 471 Page 555 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 140 of 471 Page 556 of 1515 Replacern ent 17101 Summit Summit X670V48xFB 48 IOC113ASEX SI P+ one I Year VIM4 slot (unpopulated) Warranty ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot FronttoBack airflow fan module 17102 Summit Summit X670V48xBF 48 IOC113ASEX SI P+ one I Year VIM4 slot (unpopulated) Warranty ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module 17103 Summit Summit X67048xFB 48 IOC113ASEX SI P+ I Year ExtremeXOS Advanced Warranty Edge License unpopulated dual PSIJ power slot FronttoBack airflow fan module 17104 Summit Summit X67048xBF 48 IOC113ASEX SI P+ I Year ExtremeXOS Advanced Warranty Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module 17111 Summit Summit X670 fan module Fan module for Summit I Year FB X670 series switches Warranty FronttoBack airflow spare 17112 Summit Summit X670 fan module Fan module for Summit I Year BF X670 series switches Warranty BacktoFront airflow spare 17115 Summit FAN X870 Fan Module I Year ASSY1x229.2CFM12FB FronttoBack airflow Warranty 17116 Summit AN X870 Fan Module I Year ASSY1x229.2CFM12BF BacktoFront airflow Warranty 17121 Summit VIM34OG4X VIM34OG4X 4 1 Year 40C113ASEX QSFP+ ports Warranty module for Summit X650/X480 17122 Summit VIM44OG4X VIM44OG4X 4 1 Year 40C113ASEX QSFP+ ports Warranty module for Summit X670V Attachment D Page 140 of 471 Page 556 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 17131 Summit Summit X670 Series Core ExtremeXOS Core Software License License Summit X670 Warranty Series 17133 Summit Summit X670 MPLS ExtremeXOS MPLS Software Feature Pack Feature Pack for Summit Warranty X670 series switches 17134 Summit Summit X670 Open ow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for Summit X670 series switches 17135 Summit X670 Multimedia(AVB) ExtremeXOS Audio Software Feature Pck Video Bridging Feature Warranty Pack for Summit X670 series switches 17136 Summit X670G2,riming 1588 PTP ExtremeXOS Network Software 'riming Feature Pack for Warranty Summit X6700.12 enables 1588v2 PrP (Precision 'rime Protocol) 17137 Summit X6700.12 EXOS MACsec ExtremeSwitching Software Feature Pack X6700.12 EXOS MACsec Warranty Feature Pack. Enables MACsec for use with ExtremeSwitching [-RM/MACsec Adapter 17138 Summit X690 EXOS MACsec ExtremeSwitching X690 Software Feature Pack EXOS Csec Feature Warranty Pack. Enables MACsec for use with ExtremeSwitching [-RM/MACsec Adapter 17139 Summit X590 EXOS MACsec ExtremeSwitching X590 Software Feature Pack EXOS Csec Feature Warranty Pack. Enables MACsec for use with ExtremeSwitching [-RM/MACsec Adapter 17201 Summit Summit X670V48tr`BAC 48 IOGBASET 4 1 Year I00113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOGBaser ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC Attachment D Page 141 of 471 Page 557 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 142 of 471 Page 558 of 1515 power supplies FronttoBack airflow fans 17202 Summit Summit X670V48tI3FAC 48 IOGBASET 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 BacktoFront 550W AC power supplies BacktoFront airflow fans 17203 Summit Summit X670V48t[,'BDC 48 IOGBASE'r 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W DC power supplies FronttoBack airflow fans 17204 Summit Summit X670V48tI3FDC 48 IOC BASET 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 BacktoFront 550W DC power supplies BacktoFront airflow fans 17205 Summit Summit X670V48tFBMIX 48 IOGBASET 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License I FronttoBack 550W AC Attachment D Page 142 of 471 Page 558 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 143 of 471 Page 559 of 1515 power supply I FronttoBack 550W DC power supply FronttoBack airflow fans 17206 Summit Summit X670V48tBFMIX 48 IOGBASET 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License I BacktoFront 550W AC power supply I BacktoFront 550W DC power supply BacktoFront airflow fans 17300 Summit Summit 72 IOC113ASEX SI P+ I Year X670G272xBase(Jnit ExtremeXOS Advanced Warranty Edge License unpopulated dual PSIJ power slot and 5 unpopulated fan airflow slots 17310 Summit Summit 48 IOC113ASEX SI P+ and I Year X670G248x4qBase(Jnit 4 40C113ASEX QSFP+ Warranty ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot and 3 unpopulated fan airflow slots 17350 Summit X69048x2q4c X690 base unit with 48 1 Year IC!b/IOC!b SFP+ ports 2 Warranty IOC1b/40CIb QSFP+ ports 4 lOGb/25Gb/40C!b/50C!b/I OOGb capable QS P28 ports 2 unpopulated power supplies slots 6 unpopulated fan module slots ExtremeXOS Advanced Edge License 17360 Summit X69048t2q4c X690 base unit with 48 1 Year IGb/lOGBASE'r ports 2 Warranty IOC1b/40CIb QSFP+ ports 4 lOGb/25Gb/40C!b/50C!b/I Attachment D Page 143 of 471 Page 559 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 144 of 471 Page 560 of 1515 OOGb capable QSFP28 ports 2 unpopulated power supplies slots 6 unpopulated fan module slots ExtremeXOS Advanced Edge License 17401 Summit X62016xBase X62016 Limited 100Mb/IGb/IOG13ASEX Lifetime SI P+ ports 2 unpopulated Warranty power supply slots I with unpopulated Fan Module express slot ExtremeXOS Edge Advanced license Hardware Replacem ent-2 17402 Summit X62016tBase X62012 Limited 100Mb/IGb/IOG13ASE'r iifetime ports with EIH.E 4 Warranty 100Mb/IGb/IOG13ASE'r with with EF,"I,",", shared with 4 express IC b/lOGBASEX 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 100Mb/IGb/2.5Gb/5Gb/I Lifetime OGBASE'r PoE (8 PoE44- Warranty and 4 PoE+) and EF,"I,". 4 with 100Mb/IGb/IOG13ASE'r express PoE+ and EIH.E shared Advanced with 4 IGb/lOGBASEX Hardware SFP+ ports 2 unpopulated Replacem power supply slots I ent-2 unpopulated Fan Module slot ExtremeXOS Edge license 17404 Summit X620IOxBase X62010 Limited l0OMb/IGb/IOG13ASEX Lifetime SFP+ ports integrated Warranty power supply and fans with ExtremeXOS Edge express license Advanced Hardware Attachment D Page 144 of 471 Page 560 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 145 of 471 Page 561 of 1515 Replacern ent-2 17405 Summit X6208t2xBase X620 8 Limited 10OMb/IGb/IOGBASE'r iifetime with EF,"I,". and 2 Warranty 10OMb/IGb/IOGBASEX with SI P+ ports integrated express power supply and fans Advanced ExtremeXOS Edge Hardware license Replacern ent-2 17431 Summit X620 Edge to Adv Edge ExtremeXOS Advanced Software License Edge I icense for X620 Warranty 17433 Summit X620 Multimedia(AVB) ExtremeXOS AVB Software FeaturePck (Audio Video Bridging) Warranty Feature Pack for X620 17434 Summit X620 Open glow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for X620 17435 Smart X620 EXOS Csec ExtremeSwitching X620 Software OmniEdge Feature Pack EXOS Csec Feature Warranty Switching Pack. Enables MACsec for use with ExtremeSwitching [-RM/MACsec Adapter 17701 Summit Summit X77032qFBAC 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC power supplies 5 FronttoBack airflow fan modules 17702 Summit Summit X77032qBFAC 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 BacktoFront 550W AC power supplies 5 BacktoFront airflow fan modules 17703 Summit Summit X77032qFBDC 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 FronttoBack 550W DC Attachment D Page 145 of 471 Page 561 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 146 of 471 Page 562 of 1515 power supplies 5 FronttoBack airflow fan modules 17704 Summit Summit X77032qBFDC 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 BacktoFront 550W DC power supplies 5 BacktoFront airflow fan modules 17705 Summit Summit X77032qFBMIX 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License I FronttoBack 550W AC power supply I FronttoBack 550W DC power supply 5 FronttoBack airflow fan modules 17706 Summit Summit X77032qBFMIX 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License I BacktoFront 550W AC power soppy I BacktoFront 550W DC power soppy 5 BacktoFront airflow fan modules 17725 Summit Summit X770 Series Core ExtremeXOS Core Software License License Summit X770 Warranty Series 17726 Summit Summit X770 MPLS ExtremeXOS MPLS Software Feature Pck Feature Pack for Summit Warranty X770 series switches 17727 Summit Summit X770 Open glow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for Summit X770 series switches 17728 Summit X770 Multimedia(AVB) ExtremeXOS Audio Software Feature Pck Video Bridging Feature Warranty Pack for Summit X770 series switches Attachment D Page 146 of 471 Page 562 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 17729 Summit Summit X770 'riming 1588 ExtremeXOS Network Software PrP 'riming Feature Pack for Warranty Summit X770 enables 1588v2 PrP (Precision 'rime Protocol) 17800 Summit X87032cBase X87032c Base unit 32 1 Year lOGb/25Gb/40Gb/50Gb/I Warranty OOGb QS P28 ports unpopulated ExtremeXOS Advanced Edge License 2 unpopulated power supply slots 6 unpopulated fan module slots 17810 Summit X87096x8cBase X87096x8c Base unit 96 1 Year lOGb ports on 24 QS P28 Warranty ports unpopulated 8 1OGb/25Gb/40Gb/50Gb/I OOGb QS P28 ports unpopulated ExtremeXOS Advanced Edge License 2 unpopulated power supply slots 6 unpopulated fan module slots 17825 Summit X870 Core License ExtremeXOS X870 Software Series Core License Warranty 17826 Summit X870 Openflow License ExtremeXOS X870 Software Openflow Feature Pack Warranty 17828 Summit X870 MPDS License ExtremeXOS X870 Software MPDS License Warranty 17830 Summit X87096x8c 6 port Speed ExtremeXOS X87096x8c Software Lic Port Speed License Warranty upgrades 6 ports to 1OGb/25Gb/40Gb/50Gb/I OOGb support 18001 Wireless 16502 X4408P 15761 Wireless Bundle Limited 06/30/ AP4511 IJS06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Altitude 4511 AP ITS with regulatory domain express Advanced Hardware Replacern ent 18002 Wireless 16502 X4408P 15762 Wireless Bundle Limited 06/30/ AP4511 WW06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Attachment D Page 147 of 471 Page 563 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 148 of 471 Page 564 of 1515 Altitude 4511 AP with Worldwide regulatory express domain Advanced Hardware Replacern ent 18003 Wireless 16504 X44024P 15761 Wireless Bundle Limited 06/30/ AP4511 IJS12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4511 AP US with regulatory domain express Advanced Hardware Replacern ent 18004 Wireless 16504 X44024P 15762 Wireless Bundle Limited 06/30/ AP4511 WW 12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4511 AP with Worldwide regulatory express domain Advanced Hardware Replacern ent 18005 Wireless 16504 X44024P 15783 Wireless Bundle Limited 06/30/ AP4021i IJS12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 40211 AP US with regulatory domain express Advanced Hardware Replacern ent 18006 Wireless 16504 X44024P 15784 Wireless Bundle Limited 06/30/ AP4021i WW 12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 40211 AP with Worldwide regulatory express domain Advanced Hardware Replacern ent 18007 Wireless 16504 X44024P 15785 Wireless Bundle Limited 06/30/ AP4021e IJS12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 402 1 e AP with Attachment D Page 148 of 471 Page 564 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 149 of 471 Page 565 of 1515 including Qty 48 express Antennas US regulatory Advanced domain Hardware Replacern ent 18008 Wireless 16504 X44024P 15788 Wireless Bundle Limited 06/30/ AP4021e WW12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 402 1 e AP with including Qty 48 express Antennas Worldwide Advanced regulatory domain Hardware Replacern ent 18009 Wireless 16506 X44048P 15761 Wireless Bundle Limited 06/30/ AP4511 IJS12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 AP US with regulatory domain express Advanced Hardware Replacern ent 18010 Wireless 16506 X44048P 15762 Wireless Bundle Limited 06/30/ AP4511 WW 12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 AP with Worldwide regulatory express domain Advanced Hardware Replacern ent 18011 Wireless 16506 X44048P 15764 Wireless Bundle Limited 06/30/ AP4532i (JS6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 AP US with regulatory domain express Advanced Hardware Replacern ent 18012 Wireless 16506 X44048P 15765 Wireless Bundle Limited 06/30/ AP4532i WW6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 AP with express Attachment D Page 149 of 471 Page 565 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 150 of 471 Page 566 of 1515 Worldwide regulatory Advanced domain Hardware Replacern ent 18013 Wireless 16506 X44048P 15767 Wireless Bundle Limited 06/30/ AP4532e (JS6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 4532e AP with including Qty 36 express Antennas US regulatory Advanced domain Hardware Replacern ent 18014 Wireless 16506 X44048P 15768 Wireless Bundle Limited 06/30/ AP4532e WW6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 4532e AP with including Qty 36 express Antennas Worldwide Advanced regulatory domain Hardware Replacern ent 18015 Wireless 16502 X4408P 15782 Wireless Bundle Limited 06/30/ AP4511 EIJ06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Altitude 4511 AP with European Union express regulatory domain Advanced Hardware Replacern ent 18016 Wireless 16504 X44024P 15782 Wireless Bundle Limited 06/30/ AP4511 EIJ12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4511 AP with European Union express regulatory domain Advanced Hardware Replacern ent 18017 Wireless 16504 X44024P 15804 Wireless Bundle Limited 06/30/ AP4021i EIJ12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 40211 AP with European Union express re ulatory domain Advanced Attachment D Page 150 of 471 Page 566 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 151 of 471 Page 567 of 1515 Hardware Replacern ent 18018 Wireless 16504 X44024P 15808 Wireless Bundle Limited 06/30/ AP402 I e EIJ 12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 402 1 e AP with including Qty 48 express Antennas European Union Advanced regulatory domain Hardware Replacern ent 18019 Wireless 16506 X44048P 15782 Wireless Bundle Limited 06/30/ AP4511 EIJ12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 AP with European Union express regulatory domain Advanced Hardware Replacern ent 18020 Wireless 16506 X44048P 15798 Wireless Bundle Limited 06/30/ AP4532i E(J6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 AP with European Union express regulatory domain Advanced Hardware Replacern ent 18021 Wireless 16506 X44048P 15799 Wireless Bundle Limited 06/30/ AP4532e E(J6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 4532e AP with including Qty 36 express Antennas European Union Advanced regulatory domain Hardware Replacern ent 18101 VPE V40024tI OCII-,",2 V400 Series 24 Limited 10/100/1000BASE'r 2 Lifetime 1000/10CI13aseX Warranty unpopulated SI P+ ports with fixed power supply and express fan Advanced Hardware Attachment D Page 151 of 471 Page 567 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 152 of 471 Page 568 of 1515 Replacern ent 18102 VPE V40024p I OGE2 V400 Series 24 Limited 10/100/1000BASE'r Lifetime PoE+ 2 1000/10CI13aseX Warranty unpopulated SI P+ ports with fixed power supply and express fans Advanced Hardware Replacern ent 18103 VPE V 4 0 0 4 8 t 10 CIF", 4 V400 Series 48 Limited 10/100/1000BASE'r 4 Lifetime 1000/10CI13aseX Warranty unpopulated SI P+ ports with fixed power supply and express fan Advanced Hardware Replacern ent 18104 VPE V40048pIOGE4 V400 Series 48 Limited 10/100/1000BASE'r Lifetime PoE+ 4 1000/10CI13aseX Warranty unpopulated SI P+ ports with fixed power supply and express fans Advanced Hardware Replacern ent 18201 VPE VXRPSCH3 VX 3 Slot Redundant Limited Power Supply Shelf Lifetime Warranty with express Advanced Hardware Replacern ent 18202 VPE VXRPSIOOO VX IOOOW Redundant Limited Power Supply Lifetime Warranty with express Advanced Hardware Attachment D Page 152 of 471 Page 568 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 153 of 471 Page 569 of 1515 Replacern ent 27001 Network ECASW ExtremeManagement Software Managerne ExtremeControl Warranty nt Extrem eAn a] yti c s Subscription License. Requires associated service for each managed network device and/or user. 30135 IdentiFi WSC35 WIRE, LESS WSC35 WI -AN I Year Wireless APPLIANCE Appliance. Manages 50 Warranty Access Points expandable to 125 in I or 16 AP increments. Requires Re ulatory Domain Key 30136 IdentiFi WSC5215 WI -AN WSC5215 WI -AN I Year Wireless CON'rROLLER Appliance. Manages 100 Warranty Access Points expandable to 1000 in 25 or 100 AP increments. Requires Re ulatory Domain Key. 30137 IdentiFi El 120 ExtremeCloud Appliance I Year Wireless El 120 expandable to 125 Warranty APs/Defenders and 50 Switches (Requires Separate Activation Key) 30138 IdentiFi E2120 ExtremeCloud Appliance I Year Wireless E2120 expandable to Warranty 2000 APs/Defenders and 800 Switches (Requires Separate Activation Key) 30139 Smart E3120 ExtremeCloud Appliance I Year OmniEdge E3120 expandable to Warranty Wireless 5000 APs/Defenders and 1000 Switches (Requires Separate Activation Key) 30311 IdentiFi WSREGIOPFCC VIO Regulatory Domain Software Wireless Key for FCC domain (For Warranty following countries ITS Puerto Rico Colombia). Enables WI -AN appliances and access points with appropriate RF settings for the country. Attachment D Page 153 of 471 Page 569 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 30312 IdentiFi WSREGIOPROW VIO Regulatory Domain Software Wireless Key for ROW domain Warranty (For Rest of World). Enables WI -AN appliances and access points with appropriate RF settings for the country. 30313 IdentiFi WSV211010FCC V2110 VIO Virtual Software Wireless Wireless Appliance for Warranty FCC domain (For following countries ITS Puerto Rico Colombia). Base of 8 APs expandable to 525 APs in I or 16 AP increments includes 2 free Radar licenses. 30314 IdentiFi WSV211010ROW V2110 V10 Virtual Software Wireless Wireless Appliance for Warranty ROW regulatory domain (For Rest of World). Base of 8 APs expandable to 525 APs in I or 16 AP increments includes 2 free Radar licenses. 30315 IdentiFi WSREGIOPBASE VIO Base Key to be used Software Wireless with appliances managing Warranty 3900 series or higher series access points. Enables WI -AN appliances and access points with appropriate RF settings for the country 30316 IdentiFi WSV211010BASE VIO Base Key to be used Software Wireless with V2110 virtual Warranty appliance managing 3900 series or higher series access points. Base of 8 APs expandable to 525 APs in I or 16 AP increments includes 2 free Radar licenses. 30320 IdentiFi ExtremeWireless V2110 PRDVEGY Software Wireless VIO Reg Key EGYPT ExtremeWireless VIO Warranty Re ulatory Key for Attachment D Page 154 of 471 Page 570 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 155 of 471 Page 571 of 1515 V2110 Virtual Appliances for Egypt 30321 IdentiFi ExtrerneWireless VIO Reg PRDKEGY Software Wireless Key EGYP'r ExtrerneWireless VIO Warranty Regulatory Key for Hardware Appliances for Egypt 30323 IdentiFi Activation Key (V4) ExtrerneCloud Appliance Software Wireless Physical Appliance V4 Warranty Activation Key 30324 IdentiFi Activation Key (V4) ExtrerneCloud Virtual Software Wireless Virtual Appliance Activation Key Warranty (F".xcept Egypt). Applies to VE6120 or VE6125. Activation capacity urchased separately. 30325 IdentiFi Activation Key (V4) for ExtrerneCloud Appliance Software Wireless Egypt Physical Appliance V4 Warranty Activation Key for EGYP'r ONLY 30326 IdentiFi Activation Key (V4) ExtrerneCloud Virtual Software Wireless Virtual EGY Appliance Activation Key Warranty for Egypt. Applies to VE6120 or VE6125. Activation capacity urchased separately. 30327 IdentiFi 5 Device Adoption ExtrerneCloud Appliance Software Wireless 5 Device Adoption Warranty License (Requires Subscription Purchase 9700330327 or 9560330327) 30328 IdentiFi 25 Device Adoption ExtrerneCloud Appliance Software Wireless 25 Device Adoption Warranty License (Requires Subscription Purchase 9700330328 or 9560330328) 30329 IdentiFi 100 Device Adoption ExtrerneCloud Appliance Software Wireless 100 Device Adoption Warranty License (Requires Subscription Purchase 9700330329 or 9560330329) 30330 IdentiFi 500 Device Adoption ExtrerneCloud Appliance Software Wireless 500 Device Adoption Warranty Attachment D Page 155 of 471 Page 571 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 156 of 471 Page 572 of 1515 License (Requires Subscription Purchase 9700330330 or 9560330330) 30331 IdentiFi 2000 Device Adoption ExtremeCloud Appliance Software Wireless 2000 Device Adoption Warranty License (Requires Subscription Purchase 9700330331 or 9560330331) 30350 IdentiFi XCA 5 Lev Adoption Perm ExtremeCloud Appliance Software Wireless License 5 device permanent Warranty adoption license 30351 IdentiFi X0125 Lev Adoption ExtremeCloud Appliance Software Wireless Perm License 25 device permanent Warranty adoption license 30352 IdentiFi XCA 100 Lev Adoption ExtremeCloud Appliance Software Wireless Perm License 100 device permanent Warranty adoption license 30353 IdentiFi XCA 500 Lev Adoption ExtremeCloud Appliance Software Wireless Perm License 500 device permanent Warranty adoption license 30354 IdentiFi XCA 2000 Lev Adoption ExtremeCloud Appliance Software Wireless Perm License 2000 device permanent Warranty adoption license 30512 WING WSPS112VMR2 12V PWR Multi region 12V Indoor I Year Wireless SPRY External Power Supply Warranty Wing 30513 IdentiFi WSMBIWALI-03 WALL Indoor wall mounting I Year Wireless m,rG B RK'r bracket for AP3 93 5i/e Warranty 30514 WiNG WSMBOAR'roi Outdoor articulating I Year Wireless Articulating Mt g Brkt mounting bracket for Warranty AP3965i/e 30515 IdentiFi WSMBWAII-EX,roi Wall mounting bracket I Year Wireless extension for indoor and Warranty outdoor directional service antennas 30516 WING WSMBIWALI-04 Wall Indoor wall mounting I Year Wireless Mt g Brkt bracket for AP3916ic Warranty 30517 WiNG WSEIO01 AP Enclosure Indoor/Outdoor AP I Year Wireless enclosure for underseat Warranty install 30518 WING WSMBIDcm'rR01 Drop Ceiling muitiT Rail I Year Wireless Bracket. Accommodates Warranty 9/16 15/16 and 1.5 wide 'rbars Attachment D Page 156 of 471 Page 572 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 30519 WING WS1 BOH01 HTYPE Outdoor H'rype mounting I Year Wireless m,rG B RK'r bracket for AP3917i/e or Warranty AP 7662 i/e 30520 WING WSMBOPO[.E01 POLE Outdoor Pole mounting I Year Wireless m,rG B RK'r bracket for AP3917i/e or Warranty AP 7662 i/e 30521 IdentiFi WSMBIWALI-05 DESK Wall and Desk offset I Year Wireless m,rG B RK'r mounting bracket for Warranty AP3912i 30522 IdentiFi WSPS1750W01 750W redundant power I Year Wireless supply for network Warranty appliances (validate supported model numbers before ordering) 30524 WING WSE1002 Silicone Rubber Silicone Rubber Chamfer I Year Wireless Kit Gasket Kit for WSEIOO I Warranty AP Enclosure 30525 WING WSCABRJ45Fi-,roi 300mm Ethernet I Year Wireless extension cable with RJ45 Warranty receptaclefor AP3915i or WSM131WAI-1-05 30527 Smart WSPSI1100W01 I I OOW Redundant Power I Year OmniEdge Supply for E3120 Warranty Wireless 30702 IdentiFi WSAIDQ05120 5DBI Indoor 2.3 2.7/4.96. 1 GI-Iz I Year Wireless 120DEG SECTOR 4feed 5dBi 120 degree Warranty sector antenna with standard RPSMAtype lu connector 30703 IdentiFi WSA15QO4060 4dbi 60deg Indoor 4.96. 1 GHz 4feed I Year Wireless Sector 4dBi 60 degree sector Warranty antenna with standard RPSMAtype plug 30704 IdentiFi WSA12QO5060 5dbi 60deg Indoor 2.32.7GHz 4feed I Year Wireless Sector 5dBi 60 degree sector Warranty antenna with standard RPSMAtype plug connector 30705 IdentiFi WSAIDE07025 6.5/5DBI Indoor 2.40-1z/50-lz I Year Wireless 25DEG SECT OR eight feed 6.5/5.5dBi 25 Warranty degree sector antenna with standard RPSMAtype lu connector 30706 IdentiFi WSA15QO5025 5DBI Indoor 5G1-Iz four feed I Year Wireless 25DEG SECTOR 5dBi 25 degree sector Warranty Attachment D Page 157 of 471 Page 573 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 158 of 471 Page 574 of 1515 antenna with RPSMAtype plug connector 30707 IdentiFi WSAIDE10055 10/6DBI Indoor 2.40-1z/50-lz I Year Wireless 55DEG SECT OR eight feed 10/6dBi 55 Warranty degree sector antenna with standard RPSMAtype lu connector 30709 IdentiFi WsANTMIN DIPOLE Indoor 2AGHz dipole I Year Wireless antenna (4pack) Warranty 30710 IdentiFi WsAN'r5DIP4 DIPOLE Indoor 5G1-Iz dipole I Year Wireless antenna (4pack) Warranty 1 30711 IdentiFi WSAODQ05120N 5DBI Outdoor I Year Wireless 120DEG SEC'rOR 2.3 2.7/4.96. 1 GI-Iz 4feed Warranty 5dBi 120 degree sector antenna with standard Ntype plug connector 30712 IdentiFi WSA05QO4060N 4dBi Outdoor 4.96. 1 GI-Iz 4feed I Year Wireless 60deg Sector 4dBi 60 degree sector Warranty antenna with standard Ntype plug 30713 IdentiFi WSA02QO5060N 5dbi Outdoor 2.32.70-1z 4feed I Year Wireless 60deg Sector 5dBi 60 degree sector Warranty antenna with standard Ntype plug connector 30714 IdentiFi WSAODE07025N Outdoor 2.40-1z/50-lz I Year Wireless 6.5/5DBI 25DEG SECT OR eight feed 6.5/5.5dBi 25 Warranty degree sector antenna with standard Ntype plug connector 30715 IdentiFi WSAODE13025N Outdoor 2.40-1z/50-lz I Year Wireless 13/11L BI 25L EG eight feed 13/11 dBi 25 Warranty SECT OR degree sector antenna with standard Ntype plug connector 30716 IdentiFi WSA05QO5025N 5DBI Outdoor 5G1-Iz four feed I Year Wireless 25DEG SEC'rOR 5dBi 25 degree sector Warranty antenna with standard Ntype plug connector 30717 IdentiFi WSA05Q I 1025N I IL BI Outdoor 5G1-Iz four feed I Year Wireless 25DEG SEC'rOR I I dBi 25 degree sector Warranty antenna with standard Ntype plug connector 30718 IdentiFi WSAODE10055N 10/6DBI Outdoor 2.40-1z/50-lz I Year Wireless 55DEG SECT OR eight feed 10/6dBi 55 Warranty degree sector antenna with Attachment D Page 158 of 471 Page 574 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 159 of 471 Page 575 of 1515 standard Ntype plug connector 30720 IdentiFi WSAODE0710ON 7dbi Outdoor I Year Wireless 100deg Panel 2.42.5/5.155.8750-lz Warranty Eightfeed 7dBi 100 degree panel antenna with standard Ntype plug connector 30724 WiNG WSAODQ0436ON 4DBI Outdoor I Year Wireless OMNI 2.42.5/5.155.8750-lz Warranty 4dBi Omni antenna with standard Ntype plug connector 30912 IdentiFi WSAP3805iFCC Cloudready Dual band Limited 06/30/ Wireless Dual Radio 802.1 lac/abgn Lifetime 2023 2x221 IMO Indoor Wave Warranty I access point with four with internal antenna array. express Available in the US Advanced Puerto Rico and Hardware Colombia. Replacer ent-2 30913 IdentiFi WSAP3805iROW Cloudready Dual band Limited 06/30/ Wireless Dual Radio 802.1 lac/abgn Lifetime 2023 2x221 IMO Indoor Wave Warranty I access point with four with internal antenna array. express Not available in the ITS Advanced Puerto Rico nor Colombia Hardware verify country availability Replacer before ordering ent-2 31012 IdentiFi WSAP3935iFCC Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with internal antenna array and express active/active E"./N data Advanced ports. Restricted Hardware Regulatory Domain FCC Replacer (For following countries ent-2 US Puerto Rico Colombia) 31013 IdentiFi WSAP3935iROW Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with ei ht with Attachment D Page 159 of 471 Page 575 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 160 of 471 Page 576 of 1515 internal antenna array and express active/active EYN data Advanced ports. Restricted Hardware Regulatory Domain Rest Replacern of World ent-2 31014 IdentiFi WSAP3935eFCC Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with reverse polarity SMA express connectors (4 connectors Advanced per band) for external Hardware antenna array and Replacern active/active EYN data ent-2 ports. Restricted Regulatory Domain FCC (For following countries US Puerto Rico Colombia) 31015 IdentiFi WSAP3935eROW Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with reverse polarity SMA express connectors (4 connectors Advanced per band) for external Hardware antenna array and Replacern active/active EYN data ent-2 ports. Restricted Regulatory Domain Rest of World 31016 IdentiFi WSAP3965iFCC Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight internal antenna array and active/active EYN data ports. Restricted Regulatory Domain FCC (For following countries US Puerto Rico Colombia) 31017 IdentiFi WSAP3965iROW Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with ei ht Attachment D Page 160 of 471 Page 576 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 161 of 471 Page 577 of 1515 internal antenna array and active/active EYN data ports. Restricted Regulatory Domain Rest of World 31018 IdentiFi WSAP3965eFCC Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight Ntypejack connectors (4 connectors per band) for external antenna array and active/active EYN data ports. Restricted Regulatory Domain FCC (For following countries US Puerto Rico Colombia) 31019 IdentiFi WSAP3965eROW Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight Ntypejack connectors (4 connectors per band) for external antenna array and active/active EYN data ports. Restricted Regulatory Domain Rest of World 31020 IdentiFi WSAP3935ill- ExtremeWireless Dual Limited Wireless band Dual Radio Lifetime 802.11 ac/abgn 4x44 Warranty MIMO Indoor wave2 with access point with eight express internal antenna array and Advanced active/active EYN data Hardware ports. Restricted Replacern Re ulatory Domain Israel ent-2 31025 IdentiFi WSAP3912iFCC Wallplate Cloudready Limited Wireless Dual band Dual Radio Lifetime 802.11 ac/abgn 2x22 Warranty MIMO Indoor Wave 2 with access point with four express internal antenna array. Advanced Available in the US Hardware Attachment D Page 161 of 471 Page 577 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 162 of 471 Page 578 of 1515 Puerto Rico and Replacem Colombia. ent-2 31026 IdentiFi WSAP3912iROW Wallplate Cloudready Limited Wireless Dual band Dual Radio Lifetime 802.11 ac/abgn 2x22 Warranty MIMO Indoor Wave 2 with access point with four express internal antenna array. Advanced Verify country availability Hardware before ordering not Replacem available in the ITS Puerto ent-2 Rico nor Colombia. 31028 IdentiFi WSAP3915iFCC Cloudready Dual band Limited Wireless Dual Radio 802.1 lac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with four with internal antenna array and express integrated B,r[-E/802.15.4 Advanced radio. Available in the US Hardware Puerto Rico and Replacem Colombia. ent-2 31029 IdentiFi WSAP3915iROW Cloudready Dual band Limited Wireless Dual Radio 802.1 lac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with four with internal antenna array and express integrated B,r[-E/802.15.4 Advanced radio. Verify country Hardware availability before Replacem ordering No'r available in ent-2 the ITS Puerto Rico nor Colombia. 31031 IdentiFi WSAP3915eFCC Cloudready Dual band Limited Wireless Dual Radio 802.1 lac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with three with external antenna ports and express integrated B,r[-E/802.15.4 Advanced radio. Available in the US Hardware Puerto Rico and Replacem Colombia. ent-2 31032 IdentiFi WSAP3915eROW Cloudready Dual band Limited Wireless Dual Radio 802.1 lac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point w/ 3 with Attachment D Page 162 of 471 Page 578 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 163 of 471 Page 579 of 1515 external antenna ports express integrated B,r[-E/802.15.4 Advanced radio. Verify country Hardware availability before Replacer ordering No'r available in ent-2 US Puerto Rico or Columbia. 31034 IdentiFi WSAP3916icFCC AP + Video Camera I Year Wireless Cloudready Dual band Warranty Dual Radio 802.1 lac/abgn 2x22 MIMO Indoor Wave 2 access point with four internal antenna array and integrated B,r[-E/802.15.4 radio. Available in the ITS Puerto Rico and Colombia. 31035 IdentiFi WSAP3916icROW AP + Video Camera I Year Wireless Cloudready Dual band Warranty Dual Radio 802.1 lac/abgn 2x22 MIMO Indoor Wave 2 access point with four internal antenna array and integrated B,r[-E/802.15.4 radio. Verify country availability before ordering No'r available in the ITS Puerto Rico nor Colombia. 31050 IdentiFi WSAP3917iFCC Cloudready Dual band I Year Wireless Dual Radio 802.1 lac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four internal antenna array. Available in the US Puerto Rico and Colombia. 31051 IdentiFi WSAP3917iROW Cloudready Dual band I Year Wireless Dual Radio 802.1 lac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four internal antenna array. Verify country availability before ordering not available in Attachment D Page 163 of 471 Page 579 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 164 of 471 Page 580 of 1515 the US Puerto Rico Colombia nor Israel. 31055 IdentiFi WSAP3917eFCC Cloudready Dual band I Year Wireless Dual Radio 802.1 lac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four external antenna ports. Available in the ITS Puerto Rico and Colombia. 31056 IdentiFi WSAP3917eROW Cloudready Dual band I Year Wireless Dual Radio 802.1 lac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four external antenna ports. Verify country availability before ordering not available in the US Puerto Rico Colombia nor Israel. 32216 WING WSMBVVMM Vehicle Vehicle Mounted Modem I Year Wireless Bracket Bracket Warranty 36502 Smart I-BSBI-E2AP Bluetooth beacon No OmniEdge 2alkaline batteries fully Warranty Wireless provisioned 36504 Smart 1,BSB[-E2[-P Bluetooth beacon No OmniEdge 2lithium batteries fully Warranty Wireless provisioned 36506 Smart I-BSBI-E4AP Bluetooth beacon 4 No OmniEdge alkaline batteries fully Warranty Wireless provisioned 36508 Smart 1,BSB[-E4[-P Bluetooth beacon 4 No OmniEdge lithium batteries fully Warranty Wireless provisioned 36510 Smart I.BSBI-EIJSBP Bluetooth beacon (TSB No OmniEdge fully provisioned Warranty Wireless 36511 Smart I.BSB[-E2AIJ8 Bluetooth beacon No OmniEdge 2alkaline batteries not Warranty Wireless provisioned (8Pack) 36513 Smart I.BSBI-E2I-(J8 Bluetooth beacon No OmniEdge 2lithium batteries not Warranty Wireless provisioned (8Pack) Attachment D Page 164 of 471 Page 580 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 36515 Smart 1,BSB[-E4AIJ8 Bluetooth beacon 4 No OmniEdge alkaline batteries not Warranty Wireless provisioned (8Pack) 36517 Smart IBSBI-E4I-(J8 Bluetooth beacon 4 No OmniEdge lithium batteries not Warranty Wireless provisioned (8Pack) 36519 Smart 1,BSBI-EIJSBIJIOO Bluetooth beacon (TSB No OmniEdge not provisioned (10OPack) Warranty Wireless 37101 WING AP761268OB301JS 802.1 lac Wallplate Limited Wireless Wedge M(JMIMO 2x22 Lifetime Dual radio internal Warranty antenna Domain United Wing States Puerto Rico 37102 WING AP761268OB30WR 802.1 lac Wallpate Wedge Limited Wireless M(JMIMO 2x22 Dual Lifetime radio internal antenna Warranty Domain Canada Colombia Wing IHMEA Rest of World 37103 WING AP761268OB30EG WING 802.1 lac Wallpate Limited Wireless Wedge Wave 2 2x22 Dual Lifetime radio internal antenna Warranty Domain Egypt Wing 37111 WING AP763268OB301JS WING 802.11 ac Indoor Limited Wireless Wave 2 MUMIMO Lifetime Access Point 2x22 Dual Warranty Radio Wing 802.11 ac/abgninternal antenna Domain United States Puerto Rico 37112 WING AP763268OB30WR WING 802.11 ac Indoor Limited Wireless Wave 2MUMIMO Access Lifetime Point 2x22 Dual Radio Warranty 802.11 ac/abgn internal Wing antenna Domain Canada Colombia EMF".A Rest of World 37113 WING AP763268OB401JS WING 802.11 ac Indoor Limited Wireless Wave 2 MUMIMO Lifetime Access Point 2x22 Dual Warranty Radio Wing 802.11 ac/abgnexternal antenna Domain United States Puerto Rico 37114 WING AP763268OB40WR WING 802.11 ac Indoor Limited Wireless Wave 2MUMIMO Access Lifetime Attachment D Page 165 of 471 Page 581 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 166 of 471 Page 582 of 1515 Point 2x22 Dual Radio Warranty 802.11 ac/abgnexternal Wing antenna Domain Canada Colombia EMF".A Rest of World 37115 WING AP763268OB30EG WING 802.11 ac Indoor Limited Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgninternal Wing antenna Domain Egypt 37116 WiNG AP763268OB40EG WiNG 802.11 ac Indoor Limited Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgnexternal Wing antenna Domain Egypt 37117 WiNG AP7632680133011- WiNG 802.11 ac Indoor Limited Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgninternal Wing antenna Domain Israel 37121 WiNG AP766268OB301JS WiNG 802.11 ac Outdoor I Year Wireless Wave 2 MIJMIMO Warranty Access Point 2x22 Dual Wing Radio 802.11 ac/abgninternal antenna Domain United States Puerto Rico 37122 WING AP766268OB30WR WING 802.11 ac Outdoor I Year Wireless Wave 2MIJMIMO Access Warranty Point 2x22 Dual Radio Wing 802.11 ac/abgn internal antenna DomainCanada Colombia EMF".A Rest of World 37123 WING AP766268OB401JS WING 802.11 ac Outdoor I Year Wireless Wave 2 MIJMIMO Warranty Access Point 2x22 Dual Wing Radio 802.11 ac/abgnexternal antenna Domain United States Puerto Rico 37124 WING AP766268OB40WR WING 802.11 ac Outdoor I Year Wireless Wave 2 MIJMIMO Warranty Access Point 2x22 Dual Wing Radio 802.11 ac/abgnexternal Attachment D Page 166 of 471 Page 582 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 167 of 471 Page 583 of 1515 antenna Domain Colombia EMI -,".A Rest of World 37129 WING AP766268OB40EG WING 802.11 ac Outdoor I Year Wireless Wave 2 Access Point Warranty 2x22 Dual Radio Wing 802.11 ac/abgnexternal antenna Domain Egypt 37130 WING AP7662680133011- WING 802.11 ac Outdoor I Year Wireless Wave 2 Access Point Warranty 2x22 Dual Radio Wing 802.11 ac/align Internal antenna Domain Israel 37201 WING Mounting Plate for Indoor Mounting Plate for Indoor I Month Wireless APs APs Warranty Wing 37210 WING Flat Metal Indoor Bracket Flat Metal Indoor Bracket I Month Wireless Warranty Wing 37211 WING WSMBIDCF[-(JSH Drop Ceiling Flat'riie I Month Wireless 'roar Bracket. Warranty Accommodates 9/16 Wing 15/16 and 1.5 wide 'roars 37215 WiNG PWR 12VDC 2A 2.5mm x PWR 12VDC 2A 2.5mm I Month Wireless 5.5mm connector x 5.5mm connector. Warranty Global AC plugs included Wing 37219 Smart PWR 12VDC 3A 2.5mm x PWR 12VDC 3A 2.5mm I Year OmniEdge 5.5mm connector x 5.5mm connector. Warranty Wireless Global AC plugs included 37421 WING EGuestI-IC1AP ExtremeGuest Analytics Software Wireless License for IAP Warranty 37422 WING EGuestI-IC5AP ExtremeGuest Analytics Software Wireless License for 5APs Warranty 37423 WING EGuestI-IC10AP ExtremeGuest Analytics Software Wireless License for 10APs Warranty 37424 WING EGuestI-IC50AP ExtremeGuest Analytics Software Wireless License for 50APs Warranty 37425 WING EGuestI-IC100AP ExtremeGuest Analytics Software Wireless License for 100APs Warranty 37426 WING EGuestI-IC500AP ExtremeGuest Analytics Software Wireless License for 500APs Warranty 37427 WING EGuestI-IC1000AP ExtremeGuest Analytics Software Wireless License for 1000APs Warranty 37428 WING EGuestI-IC2000AP ExtremeGuest Analytics Software Wireless License for 2000APs Warranty Attachment D Page 167 of 471 Page 583 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39016 Subscriptio Cloud WI -AN Mgmt FCC Cloud WI -AN VIO Software n Reg Domain Subscription Licenses for Warranty Management Control and BYOD FCC Regulatory Domain (Used for Mixed 3 7XX/3 8XX/3 9XX Deployments Restricted to Qualified Partners) 39017 Subscriptio Cloud WI -AN Mgmt ROW Cloud WI -AN VIO Software n Domain Subscription Licenses for Warranty Management Control and BYOD ROW Regulatory Domain (Used for Mixed 3 7XX/3 8XX/3 9XX Deployments Restricted to Qualified Partners) 39018 Subscriptio Cloud WI -AN Mgmt Base Cloud WI -AN VIO Base Software n Subscription Licenses for Warranty Management Control and BYOD Worldwide (Only used with 39XX deployments Restricted to Qualified Partners) 39021 IdentiFi 802.1 lac Wave 2 Wireless Extreme Networks I Year 12/30/ Wireless Demo Bundle FCC 802.11 ac Wave 2 4400.12 Warranty 2024 Partner DemoKit for US Puerto Rico and Colombia 39022 IdentiFi 802.1 lac Wave 2 Wireless Extreme Networks I Year 07/25/ Wireless Demo Bundle EIJ 802.11 ac Wave 2 4400.12 Warranty 2023 Partner DemoKit for the European Union (EU) 39023 IdentiFi 802.1 lac Wave 2 Wireless Extreme Networks I Year 12/30/ Wireless Demo Bundle ROW 802.11 ac Wave 2 4400.12 Warranty 2024 Partner DemoKit for Rest of World including 1 -,",MEA 39031 IdentiFi WSAP3805i2x1 Limited time 2 for I Limited 06/30/ Wireless promotion for the Lifetime 2023 AP3805i (verify country Warranty availability before with ordering) express Advanced Hardware Replacern ent-2 Attachment D Page 168 of 471 Page 584 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39032 IdentiFi WSAP3825i2x1 Limited time 2 for I Limited 12/31/ Wireless promotion for the Lifetime 2022 AP3825i (verify country Warranty availability before with ordering) express Advanced Hardware Replacern ent-2 39033 IdentiFi WSAP3805iFCC2xI Limited time 2 for I Limited 06/20/ Wireless promotion for the Lifetime 2023 AP3805iFCC (available in Warranty the ITS Puerto Rico and with Colombia) express Advanced Hardware Replacern ent-2 39034 IdentiFi WSAP3805iROW2xI Limited time 2 for I Limited 12/31/ Wireless promotion for the Lifetime 2022 AP3805i ROW (not Warranty available for the ITS with Puerto Rico nor Colombia express verify RestofWorld Advanced country availability before Hardware ordering) Replacern ent-2 39035 IdentiFi WSAP3865e2x1 Limited time 2 for I Limited 03/31/ Wireless promotion for the Lifetime 2023 AP3865e (verify country Warranty availability before with ordering) express Advanced Hardware Replacern ent-2 39036 IdentiFi WSAP3912iFCC2xI Limited time 2 for I Limited 06/28/ Wireless promotion for the Lifetime 2024 AP3912iFCC (available in Warranty the ITS Puerto Rico and with Colombia) express Advanced Hardware Replacern ent-2 Attachment D Page 169 of 471 Page 585 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39037 IdentiFi WSAP3912iROW2xI Limited time 2 for I Limited 06/28/ Wireless promotion for the Lifetime 2024 AP3 912i ROW (Not Warranty available in FCC region with verify RestofWorld express country availability before Advanced ordering) Hardware Replacern ent-2 39038 IdentiFi WSAP3935iFCC2xI Limited time 2 for I Limited 12/28/ Wireless promotion for the Lifetime 2023 AP3935iFCC (available in Warranty the ITS Puerto Rico and with Colombia) express Advanced Hardware Replacern ent-2 39039 IdentiFi WSAP3935iROW2xI Limited time 2 for I Limited 12/28/ Wireless promotion for the Lifetime 2023 AP3935iROW (not Warranty available for the ITS with Puerto Rico nor Colombia express verify RestofWorld Advanced country availability before Hardware ordering) Replacern ent-2 39505 Smart SA201 Defender Adapter 201 1 Year OmniEdge with two 10/100/1000 Warranty Wireless BASE' r ports (I network port and I device port) power from POI -,",/POE+ optional power adapter sold separately. Verify country availability before ordering. 39521 Smart Defender Lic for 10 End Defender License for 10 Software OmniEdge Systems Protected End Systems Warranty Applicatio ns 39522 Smart Defender Lic for 100 End Defender License for 100 Software OmniEdge Systems Protected End Systems Warranty Applicatio ns Attachment D Page 170 of 471 Page 586 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39523 Smart Defender Lic for 1000 End Defender License for Software OmniEdge Systems 1000 Protected End Warranty Applicatio Systems ns 39524 Smart Defender Lic for 5000 End Defender License for Software OmniEdge Systems 5000 Protected End Warranty Applicatio Systems ns 39525 Smart Defender Lic for 10000 End Defender License for Software OmniEdge Systems 10000 Protected End Warranty Applicatio Systems ns 41011 BD 8K BD 8810 10 Slot Chassis BlackDiamond 8810 1 Year 06/30/ lOSlot Chassis (Includes Warranty 2023 Fan 'rray) 41012 BD 8K BD 8806 6Slot Chassis Black Diamond 8806 1 Year 06/30/ 6Slot Chassis (Includes Warranty 2023 Fan 'rray) 41050 BD 8K BD 8806 60OW/900W PSIJ BD 8806 60OW/90OW I Year 06/30/ 100240V PSIJ Warranty 2023 41114 BD 8K BD 8806 AC PSIJ Cover BlackDiamond 8806 PSIJ I Year 06/30/ cover (includes power Warranty 2023 cord retainer bracket) 41115 BD 8K BD 8810 AC PSIJ Cover BlackDiamond 8810 PSIJ I Year 06/30/ cover (includes power Warranty 2023 cord retainer bracket) 41121 BD 8K BD 8800 / BD 12800 Spare BlackDiamond 12K I Year 06/30/ Blank Panel BlackDiamond 8800 Warranty 2023 Spare Blank Panel 41141 BD 8K BD 8810 Mid Mount Kit BlackDiamond 8810 Mid I Year 06/30/ Mount it Warranty 2023 41151 BD 8K BD Cable Management BlackDiamond Cable I Year 06/30/ Clip Kit Management Clip Kit Warranty 2023 1 41213 BD 8K BD 8800 MS 48c BlackDiamond 8800 1 Year 06/30/ Management Switch Warranty 2023 Module optional I/O port 41216 BD 8K BD 880OMSM96 Management Switch I Year 06/30/ Module Warranty 2023 41231 BD 8K BD 8900MSM128 Management Switch I Year 06/30/ Module Warranty 2023 1 41251 BD 8K BD 8500MSM24 Management Switch Limited 03/04/ Module Lifetime 2020 Warranty with express Advanced Attachment D Page 171 of 471 Page 587 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 172 of 471 Page 588 of 1515 Hardware Replacern ent 41312 BD 8K BD 8800 MPDS Feature ExtremeXOS MPDS Software 06/30/ Pack Feature Pack for Warranty 2023 BlackDiamond 8800 series switches requires MSM128 890OXI- interface modules and ExtremeXOS 12.5 (or rester 41314 BD 8K BD 8800 Core License BlackDiamond 8800 Software 06/30/ ExtremeXOS Core Warranty 2023 Software Upgrade Openflow Feature Pack 41516 BD 8K BD 8800 G48're2 BlackDiamond 8800 1 Year 06/30/ 48port Warranty 2023 10/100/1000BASE'r RJ45 edge optional POE card 41517 BD 8K BD 8800 G48'rc BlackDiamond 8800 1 Year 06/30/ 48port Warranty 2023 10/100/1000BASE'r RJ45 o2tional POE card 41521 BD 8K BD 890OG48Xx1 48port IOOOBASEX SIP I Year 06/30/ Warranty 2023 41531 BD 8K BD 890OG48,rx1 48port I Year 06/30/ 10/100/1000BASE'r RJ45 Warranty 2023 41532 BD 8K BD 890OG96,rc 96port I Year 06/30/ 10/100/1000BASE'r Warranty 2023 MRJ21 41543 BD 8K BD 8800 G24Xc BlackDiamond 8800 1 Year 06/30/ 24port IOOOBASEX Warranty 2023 miniCII31C 41544 BD 8K BD 8800 G48Xc BlackDiamond 8800 1 Year 06/30/ 48port IOOOBASEX Warranty 2023 miniCII31C 41561 BD 8K BD 850OG24Xe 24port IOOOBASEX SIP Limited 03/04/ Lifetime 2020 Warranty with express Advanced Hardware Replacern ent Attachment D Page 172 of 471 Page 588 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 41614 BD 8K BD 8800 IOG4Xc BlackDiamond 8800 4port I Year 06/30/ l0GBASEXFP Warranty 2023 41615 BD 8K BD 8800 IOG8Xc BlackDiamond 8800 Sport I Year 06/30/ l0GBASEXFP Warranty 2023 41631 BD 8K BD 890010G8Xx1 Sport IOC113ASEX XIP I Year 06/30/ Warranty 2023 1 41711 BD 8K BD 89004OG6Xxm BlackDiamond 8900xm I Year 06/30/ 6port 40C113ASEX QSFP+ Warranty 2023 Module 41811 BD 8K BD 8800 SPOE BlackDiamond 8800 POE I Year 06/30/ Card (addon module for Warranty 2023 8800 G48'rc 8899 G48're2 and 850OG48're) 41821 BD 8K BD 8800 SG8Xc BlackDiamond 8800 Sport I Year 06/30/ I G SIP card (addon Warranty 2023 module for MSM48c) 41822 BD 8K BD 8800 SIOGIXc BlackDiamond 8800 1port I Year 06/30/ I OG XIP card (addon Warranty 2023 module for MSM48c) 41823 BD 8K BD 8800 SIOG2Xc BlackDiamond 8800 2port I Year 06/30/ IOC113ASEX SI P+ card Warranty 2023 (addon module for MSM24 MSM48c and MSM128) 48001 BD BDX8AC BlackDiamond X8 Series I Year 06/30/ chassis with 8 I/O slots. Warranty 2023 Chassis includes 5 Fan 'trays. Power Supplies or Blank Panels are not included. 48011 BD BDXPSIJAC2500 250OW AC Power Supply I Year 06/30/ for BlackDiamond X Warranty 2023 series chassis. Up to 8 supported in the BDX8 chassis. 48015 BD BDX8FAN Fan Tray for I Year 06/30/ BlackDiamond X8 chassis Warranty 2023 spare. 5 fan trays required in the system. 48018 BD BDXIOBLANKE Enhanced Blank Panel for I Year 06/30/ BlackDiamond X series Warranty 2023 chassis for empty I/O module slot 48020 BD BDX8MMK Mid Mount it for I Year 06/30/ BlackDiamond X8 chassis Warranty 2023 Attachment D Page 173 of 471 Page 589 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 48021 BD BDXMMI Management Module I I Year 06/30/ for BlackDiamond X Warranty 2023 series chassis. 2 modules required for 14-1 redundancy. 48031 BD BDXAFM2o,r 5.12,rbps Fabric Module I Year 06/30/ for BlackDiamond X Warranty 2023 chassis. Minimum 3 modules required for wirespeed performance 4 required for N+1 redundancy supporting full 20,1,17 s. 48032 BD BDXAFMlo,r 2.56,rbps Fabric Module I Year 06/30/ for BlackDiamond X Warranty 2023 chassis. Minimum 3 modules required for wirespeed performance 4 required for N+1 redundancy supporting full 10,1,17 s. 48038 BD BDXAG48'r 48Port IGBASET RJ45 I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 384 wirespeed 100/1000MbE copper ports and work with either 2.56 or 5.12,1,17ps Fabric Modules. 48039 BD BDXAG48X 48Port IC113ASEX SIP I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 384 wirespeed GbE copper ports and work with either 2.56 or 5.12'rbps Fabric Modules. 48040 BD BDXAlOG48'r 48Port IOGBASET RJ45 I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis Attachment D Page 174 of 471 Page 590 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 175 of 471 Page 591 of 1515 support up to 384 wirespeed 10GbE copper ports and work with either 2.56 or 5.12'rbps Fabric Modules. 48041 BD BDXAlOG48X 48Port IOC113ASEX SFP+ I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 384 wirespeed 10GbE ports and work with either 2.56 or 5.12'rbps Fabric Modules. Optics and cables are not included. 48046 BD BDXA40Gl2X 12port 40C113ASEX I Year 06/30/ QSFP+ module for Warranty 2023 BlackDiamond X series chassis 48047 BD BDX1340G12XXI- 12Port 40C113ASEX XL I Year 06/30/ QSFP+ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 96 wirespeed 40CIbE or 384 wirespeed 10GbE ports and work with either 2.56 or 5.12'rbps Fabric Modules. Licenses optics and cables are not included. 48051 BD BDXA40G24X 24Port 40C113ASEX I Year 06/30/ QSFP+ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 192 wirespeed 40CIbE or 768 wirespeed 10GbE ports and only work with 5.12,rbps Fabric Module. Optics and cables are not included. Attachment D Page 175 of 471 Page 591 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 48061 BD BDXB100G4X 4Port 100GBASEX CFP2 I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 32 wirespeed 100011E or 320 wirespeed 10GbE ports and work with either 2.56 or 5.12'rbps Fabric Modules. Optics and cables are not included. 48062 BD BDXBIOOG4XXI- 4Port 100GBASEX XL I Year 06/30/ CI P2 module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 32 wirespeed 100011E or 320 wirespeed 10GbE ports and work with either 2.56 or 5.12'rbps Fabric Modules. Licenses optics and cables are not included. 48093 BD BDXMPLSLIC MPLS Feature Pack Software 06/30/ license for the Warranty 2023 BlackDiamond X8 chassis 48094 BD BDXCORELIC Core license for the Software 06/30/ BlackDiamond X8 chassis Warranty 2023 for scalable Layer 3 rich applications Open glow Feature Pack 60020 BD 8K 70OW/120OW 100240V 70OW/120OW I Year 06/30/ PSU 100240VAC Power Warranty 2023 Supply Unit 60021 BD 8K 120OW 48V DC PSIJ 120OW 48V DC Power I Year 06/30/ Supply Unit Warranty 2023 65046 BD 8K BD 8806 / BD 12804 Mid BlackDiamond 8806 1 Year 06/30/ Mount Kit BlackDiamond 12804 Warranty 2023 Mid Mount it 85108 Network INFO GOVERNANCE INFORMATION Software Manageme ENGINE up'ro io GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE Attachment D Page 176 of 471 Page 592 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 177 of 471 Page 593 of 1515 SCSI, iTION upTo To DEVICES 85109 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up'rO 25 GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up'rO 25 DEVICES 85110 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up'rO 50 GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up'rO 50 DEVICES 85111 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up,ro ioo GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up,ro ioo DEVICES 85112 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up'rO 250 GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up'rO 250 DEVICES 85113 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up'rO 500 GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up'rO 500 DEVICES 85114 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE U DEVICES GOVERNANCE Warranty nt ENGINE NE'rwORK COMPLIANCE SC uj'rm UNRE s'rRIC'rED 85115 Network UPGRADE IGIH.10'ro INFORMATION Software Managerne IGIH,25 GOVERNANCE Warranty nt ENGINE UPGRADE IGE10'ro IGIH.25 85116 Network UPGRADE IGIH.25 TO INFORMATION Software Managerne I Gl-,", 5 0 GOVERNANCE Warranty nt ENGINE UPGRADE IGE25 'ro IGIH.50 Attachment D Page 177 of 471 Page 593 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 85117 Network UPGRADE IGIH.50 TO INFORMATION Software Managerne I GIH, 10 0 GOVERNANCE Warranty nt ENGINE UPGRADE IGIH.50 'ro igi-,".ioo 85118 Network UPGRADE IGIH.100 TO INFORMATION Software Managerne IGIH,250 GOVERNANCE Warranty nt ENGINE UPGRADE igi-,".ioo 'ro IGIH.250 85119 Network UPGRADE IGIH.250 TO INFORMATION Software Managerne I GIH, 5 0 0 GOVERNANCE Warranty nt ENGINE UPGRADE IGIH.250 'ro IGIH.500 85120 Network UPGRADE IGIH.500 TO INFORMATION Software Managerne IGIH.0 (JNRES'rRIC'rED GOVERNANCE Warranty nt ENGINE UPGRADE IGIH.500'ro icii-,".[T UNRE s'rRIC'rED 86100 Network ExtremeManagement ExtremeManagement I Year Managerne Appliance NMSA25 Appliance NMSA25 Warranty nt manages up to 5K Devices 86101 Network ExtremeManagement ExtremeManagement I Year Managerne Appliance NMSA305 Appliance NMSA305 Warranty nt manages up to loll Devices 87100 NAC ExtremeControl Appliance ExtremeControl I Year IAA25 Appliance IAA25 up to Warranty 12K ES 87101 NAC ExtremeControl Appliance ExtremeControl I Year IAA305 Appliance IAA305 up to Warranty 24K ES 88100 AppID ExtremeAnalytics Extrem eAn a] yti c s I Year Appliance PVA305 Appliance PVA305 up to Warranty 13M FPM 88201 AppID EA lk Client Lic ExtremeAnalytics lk Software Client license Warranty 88202 AppID EA 3k Client Lic Extrem eAn a] yti c s 3k Software Client license Warranty 88203 AppID EA l2k Client Lic ExtremeAnalytics l2k Software Client license Warranty 88211 AppID EA Virtual Sensor VS100 ExtremeAnalytics Virtual Software 10 Instance Lic Sensor VS100 10 Instance Warranty License 88212 AppID EA Virtual Sensor VS250 ExtremeAnalytics Virtual Software 10 Instance Lic Sensor VS250 10 Instance Warranty License Attachment D Page 178 of 471 Page 594 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89001 Security I-MG2AIOs'rD Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Standard Appliance (Base 500 EPS) 89002 Security I.MG2AIOs,rDHA Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Standard HA Appliance (Base 500 EPS) 89003 Security I-MG2AIoi-,".N,r Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Appliance (Base 1000 EPS) 89004 Security I-MG2AI6T".N'rHA Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise HA Appliance (Base 1000 EPS) 89005 Security I-MG2AI6T".N'rPi- Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Plus Appliance (Base 1000 EPS) 89006 Security I-MG2AIoi-,".N,rp[-IIA Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Plus HA Appliance (Base 1000 EPS) 89007 Security I.MG2AIOVIR Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Virtual (Base 100 EPS) 89008 Security I.MG2AIOVIRHA Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Virtual HA (Base 100 EPS) 89009 Security I-MG2CONI-,".N,r Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Appliance 89010 Security I-MG2CONI-I Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise HA AppBance Attachment D Page 179 of 471 Page 595 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89011 Security I-MG2CONI-,".N'rPF Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Plus Appliance 89012 Security I-MG2CONI-,.N,rP[-HA Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Plus HA Appliance 89013 Security I.MG2CONVIR Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Virtual 89014 Security I.MG2CONVIR14A Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Virtual HA 89015 Security I-MG2EVPT".N'r Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Appliance Base 2500 EPS) 89016 Security I-MG2EVPT".N'rHA Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise HA Appliance (Base 2500 EPS) 89017 Security I-MG2EVPT".N'rPF Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Plus Appliance (Base 2500 EPS) 89018 Security I-MG2EVpi-,".N,rP[-HA Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Plus HA Appliance (Base 2500 EPS) 89019 Security I.MG2EVPVIR Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Virtual (Base 100 EPS) 89020 Security I.MG2EVPVIR14A Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Virtual HA (Base 100 EPS) 89021 Security I.MG2ADDIOOE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 100 License 89022 Security I.MG2ADDIOOEHA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 100 HA License 89023 Security I.MG2ADDO.51KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Attachment D Page 180 of 471 Page 596 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 181 of 471 Page 597 of 1515 Increase 500 to 1000 License 89024 Security I.MG2A D DO. 5 1 Kl-,",14A Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 500 to 1000 HA License 89025 Security I.MG2ADD12.5KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 1000 to 2500 License 89026 Security I.MG2ADD12.5K1-,".I4A Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 1000 to 2500 HA License 89027 Security I.MG2ADD2.5KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 2500 License 89028 Security I.MG2ADD2.5KEHA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 2500 HA License 89029 Security I-MG2C0NuPT".N'r Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Upgrade to CONSOLE linter prise 89030 Security I-MG2C0NuPT".N'rHA Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise HA Upgrade to CONSOLE Enterprise HA 89031 Security I-MG2C0NuPT".N'rPi- Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus Upgrade to CONSOLE Enterprise Plus 89032 Security I-MG2C0NuPT".N'rPI-HA Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus HA Upgrade to CONSOLE Enterprise Plus HA 89033 Security I-MG2SI1-,";IAI0uPs'rD Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Standard Attachment D Page 181 of 471 Page 597 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 182 of 471 Page 598 of 1515 Convert to SIEM AL[ INONE Standard 89034 Security LMG2SI1-,".MAIOuPs'rDH Extreme Log Software 06/01/ A Management G2 Warranty 2020 AL[ INONE Standard HA Convert to SIEM AL[ INONE Standard HA 89035 Security I-MG2 SI1-,".MAIO tjpi-,".N,r Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Convert to SIEM AL[ INONE Enterprise 89036 Security LMG2SIEMAIO1JP1-,".N'rH Extreme Log Software 06/01/ A Management G2 Warranty 2020 AL[ INONE Enterprise HA Convert to SIEM AL[ INONE Enterprise HA 89037 Security I-MG2 SIIH.MAI 0 tjpi-,".N,r PL Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Plus Convert to SIEM AL[ INONE Enterprise Plus 89038 Security I-MG2 SI1-,".MAIO tjpi-,".N,r PL Extreme Log Software 06/01/ 14A Management G2 Warranty 2020 AL[ INONE Enterprise Plus HA Convert to SIIH.M AL[ INONE Enterprise Plus HA 89039 Security LMG2SI1-,".MAIO1JP1K2.5 Extreme Log Software 06/01/ KE Management G2 Warranty 2020 AL[ INONE Convert to SIEM AL[ INONE EPS Increase 1000 to 2500 License (Fcar hath Enterprise Enterprise Plus) 89040 Security LMG2SI1-,".MAIO1JP1K2.5 Extreme Log Software 06/01/ KEHA Management G2 Warranty 2020 AL[ INONE Convert to SIEM AL[ INONE EPS Increase 1000 to 2500 License HA License (For both Enterprise Enterprise Plus) Attachment D Page 182 of 471 Page 598 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89041 Security LMG2SI1-,".MAIO(JP2.5KE Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Convert to SIEM AL[ INONE EPS Increase 2500 SW License (For both Enterprise Enterprise Plus) 89042 Security LMG2SIEMAIO(JP2.5KE Extreme Log Software 06/01/ 14A Management G2 Warranty 2020 AL[ INONE Convert to SIEM AL[ INONE EPS Increase 2500 SW HA License (Fcar hath Enterprise Enterprise Plus) 89043 Security I-MG2SIEMCONIJPI-,".N,r Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Convert to SIEM CONSOLE Enterprise 89044 Security LMG2SI1-,".MCONuPT".N'rH Extreme Log Software 06/01/ A Management G2 Warranty 2020 CONSOLE Enterprise HA Convert to SIEM CONSOLE Enterprise HA 89045 Security I-MG2 SIIH.MCON tjpi-,".N,rP Extreme Log Software 06/01/ 1, Management G2 Warranty 2020 CONSOLE Enterprise Plus Convert to SIEM CONSOLE Enterprise Plus 89046 Security LMG2SI1-,".MCONuPT".N'rP Extreme Log Software 06/01/ LI A Management G2 Warranty 2020 CONSOLE Enterprise Plus HA Convert to SIIH.M CONSOLE Enterprise Plus HA 89047 Security I-MG2 Sll-,".MEVP tjpi-,".N,r Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Enterprise Convert to SIEM EVP Enterprise 89048 Security I-MG2S I1-,".MEVPuPT".N'rH Extreme Log Software 06/01/ A Management G2 EVP Warranty 2020 Enterprise HA Convert to SIEM EVP Enterprise HA Attachment D Page 183 of 471 Page 599 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89049 Security I-MG2SIEMEV P upi-,".N'r P Extreme Log Software 06/01/ 1, Management G2 EVP Warranty 2020 Enterprise Plus Convert to SIEM EVP Enterprise Plus 89050 Security LMG2SI1-,".MEVPuPT".N'rP Extreme Log Software 06/01/ LILA Management G2 EVP Warranty 2020 Enterprise Plus HA Convert to SIE M EVP Enterprise Plus HA 89051 Security LMG2SIEMF".VP(JP2.5KE Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Convert to SIE M EVP EPS Increase 2500 SW License (For both Enterprise Enterprise Plus) 89052 Security LMG2SI1-,".MEVP(JP2.5KE Extreme Log Software 06/01/ 14A Management G2 EVP Warranty 2020 Convert to SIE M EVP EPS Increase 2500 SW HA License (For both Enterprise Enterprise Plus) 89053 Security LMG21-SADD50 Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 50 89054 Security LMG21-SADD500 Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 500 89055 Security LMG21-SADDIK Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 1000 89056 Security LMG21-SADD5K Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 5000 89057 Security LMG21-SADDIOK Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 10000 89058 Security SRMG2AP[- Extreme Security Risk I Year 06/01/ Manager G2 Appliance Warranty 2020 Base 50 Sources) 89059 Security SRMG2VIR Extreme Security Risk Software 06/01/ Manager G2 VM License Warranty 2020 (Base 50 Sources) Attachment D Page 184 of 471 Page 600 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89060 Security SRMG2ADD50 Extreme Security Risk Software 06/01/ Manager G2 50 Sources Warranty 2020 Increase SW License 89061 Security SRMG2ADD100 Extreme Security Risk Software 06/01/ Manager G2 100 Source Warranty 2020 Increase SW License 89062 Security SRMG2ADD250 Extreme Security Risk Software 06/01/ Manager G2 250 Source Warranty 2020 Increase SW License 89063 Security SRMG2ADD500 Extreme Security Risk Software 06/01/ Manager G2 500 Source Warranty 2020 Increase SW License 89064 Security SRMG2ADD1K Extreme Security Risk Software 06/01/ Manager G2 1000 Source Warranty 2020 Increase SW License 89065 Security SRMG2ADD2.5K Extreme Security Risk Software 06/01/ Manager G2 2500 Source Warranty 2020 Increase SW License 89066 Security SRMG2ADD5K Extreme Security Risk Software 06/01/ Manager G2 5000 Source Warranty 2020 Increase SW License 89067 Security SVMG2SAAPI- Extreme Security I Year 06/01/ Vulnerability Manager G2 Warranty 2020 Standalone Appliance ( Base 255 scanning assets + 50 EPS Log Management) (No Integration with other SIEM or I -lam products) 89068 Security SVMG2SAVIR Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Standalone VM License (Base 255 scanning assets + 50 EPS Log Management) (No Integration with other SIEM or I -lam products) 89069 Security SVMG20NBOX Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 ON BOARD for Console or AllinOne SW License 89070 Security SVMG20FFBOXAPI- Extreme Security I Year 06/01/ Vulnerability Manager G2 Warranty 2020 OFF BOARD for Console or AllinOne Appliance Attachment D Page 185 of 471 Page 601 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 186 of 471 Page 602 of 1515 (Base on Base 255 scanning assets) 89071 Security SVMG20FFBOXVIR Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 OFF BOARD for Console or AllinOne VM SW License (Base on Base 255 scanning assets) 89072 Security SVMG2ADD256 Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 256 89073 Security SVMG2ADD1K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 1024 89074 Security SVMG2ADD2K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 2048 89075 Security SVMG2ADD4K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 4096 89076 Security SVMG2ADD8K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 8192 89077 Security SVMG2ADD16K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 16384 89078 Security SVMG2ADD32K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 32768 89079 Security SII-,";lG2Ai6s'rD Extreme SIE M G2 I Year 06/01/ ALLINONE Standard Warranty 2020 Appliance (Base lK EPS 25K Flows) 89080 Security SII-,";lG2AIOs,rDHA Extreme SIIH.M G2 I Year 06/01/ AL[ INONE Standard HA Warranty 2020 Appliance (Base lK EPS 25K Flows) 89081 Security SII -;l G2AIoF,,N,r Extreme SIE M G2 I Year 06 AL[ INONE Enter rise Warranty 2020 Attachment D Page 186 of 471 Page 602 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 187 of 471 Page 603 of 1515 Appliance (Base IK EPS 25K Flows) 89082 Security SII-,";lG2AI6T".N'rHA Extreme SIE M G2 I Year 06/01/ AI LINONE Enterprise Warranty 2020 HA Appliance (Base IK EPS 25K Flows) 89083 Security SII -;l G2Ai6T".N'rPi- Extreme SIE M G2 I Year 06/01/ AI LINONE Enterprise Warranty 2020 Plus Appliance( Base IK EPS 25K Flows) 89084 Security SII-,";IG2AI6T".N'rP[-HA Extreme SIE M G2 I Year 06/01/ AI LINONE Enterprise Warranty 2020 Plus HA Appliance (Base IK EPS 25K Flows) 89085 Security SII -;l G2AIOVIR Extreme SIE M G2 Software 06/01/ AI LINONE Virtual (Base Warranty 2020 100 EPS 15K Flows) 89086 Security SII -;l G2AIOVIRHA Extreme SIE M G2 Software 06/01/ ALLINONE Virtual HA Warranty 2020 (Base 100 EPS 15K Flows) 89087 Security SIEMG2CONENT Extreme SIE M G2 I Year 06/01/ CONSOLE Enterprise Warranty 2020 AppBance 89088 Security SII -;l G2CONI-,".N'rHA Extreme SIE M G2 I Year 06/01/ CONSOLE Enterprise HA Warranty 2020 AppBance 89089 Security SIEMG2CONI-,".Nr[PF Extreme SIE M G2 I Year 06/01/ CONSOLE Enterprise Warranty 2020 Plus Appliance 89090 Security SII -;I G2CONI-,".N'rP[-HA Extreme SIE M G2 I Year 06/01/ CONSOLE Enterprise Warranty 2020 Plus HA Appliance 89091 Security SII -;l G2CONVIR Extreme SIE M G2 Software 06/01/ CONSOLE Virtual Warranty 2020 89092 Security SII -;l G2CONVIR14A Extreme SIE M G2 Software 06/01/ CONSOLE Virtual HA Warranty 2020 1 89093 Security SII -;l C12EVPT".N'r Extreme SIE M G2 EVP I Year 06/01/ Enterprise Appliance Warranty 2020 Base 2500 EPS) 89094 Security SII -;l G2EVPT".N'rI4A Extreme SIE M G2 EVP I Year 06/01/ Enterprise HA Appliance Warranty 2020 (Base 2500 EPS) 89095 Security SII -;l G2EVPT".N'rPi- Extreme SIE M G2 EVP I Year 06/01/ Enterprise Plus Appliance Warranty 2020 (Base 2500 EPS) Attachment D Page 187 of 471 Page 603 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89096 Security SII-,";lG2EV PENT P[ IIA Extreme SIEM G2 EVP I Year 06/01/ Enterprise Plus HA Warranty 2020 Appliance (Base 2500 EPS) 89097 Security Sll-,".MG2EVPVIR Extreme SIEM G2 EVP Software 06/01/ Virtual (Base 100 EPS) Warranty 2020 89098 Security Sll-,".MG2EVPVIR14A Extreme SIEM G2 EVP Software 06/01/ Virtual HA (Base 100 Warranty 2020 EPS) 89099 Security SIEMG2F EPT".N'r Extreme SIEM G2 FLP I Year 06/01/ Enterprise Appliance ( Warranty 2020 x1705 Base lOOK Flows) 89100 Security SII-,".MG2Fi-PT".N'rHA Extreme SIEM G2 FLP I Year 06/01/ Enterprise HA Appliance Warranty 2020 (x1705 Base lOOK Flows) 89101 Security SIEMG2Fi-PT".N'rPi- Extreme SIEM G2 FLP I Year 06/01/ Enterprise Plus Appliance Warranty 2020 (x1728 Base lOOK Flows) 89102 Security SII -;I G2Fi-PT".N'rP[-HA Extreme SIEM G2 FLP I Year 06/01/ Enterprise Plus HA Warranty 2020 Appliance (x1728 Base I OOK Flows) 89103 Security Sll-,".MG2F[-PVIR Extreme SIEM G2 FLP Software 06/01/ Virtual (Base 15K Flows) Warranty 2020 89104 Security Sll-,".MG2F[-PVIR14A Extreme SIEM G2 FLP Software 06/01/ Virtual HA (Base 15K Warranty 2020 Flows) 89105 Security SII -;l G2CEFEN'r Extreme SIEM G2 I Year 06/01/ Combined EVP LP Warranty 2020 Enterprise Appliance x1805 Base 1000 EPS 25K Flows) 89106 Security SII-,";lG2CEFI-,".N'rHA Extreme SIEM G2 I Year 06/01/ Combined EVP LP Warranty 2020 Enterprise HA Appliance (xI805 Base 1000 EPS 25K Flows) 89107 Security SII-,".MG2CEFI-,".N'rPi- Extreme SIEM G2 I Year 06/01/ Combined EVP LP Warranty 2020 Enterprise Plus Appliance (xI828 Base 1000 EPS 25K Flows) 89108 Security SII-,";IG2CEFI-,".N'rP[-HA Extreme SIEM G2 I Year 06/01/ Combined EVP LP Warranty 2020 Attachment D Page 188 of 471 Page 604 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 189 of 471 Page 605 of 1515 Enterprise Plus HA Appliance (xI828 Base IOOOEPS 25K Flows) 89109 Security SII-,".MG2EVCAPI- Extreme SIEM G2 Event I Year 06/01/ Collector Appliance Warranty 2020 89110 Security SIMI-,".G2EVCVIR Extreme SIEM G2 Event Software 06/01/ Collector Virtual Warranty 2020 1 89111 Security SII-,".MG2DNI-,".N'r Extreme SIEM G2 Data I Year 06/01/ Node Enterprise Warranty 2020 Bance 89112 Security SII-,".MG2DNI-,".N'rHA Extreme SIEM G2 Data I Year 06/01/ Node Enterprise HA Warranty 2020 Appliance 89113 Security SII-,".MG2DNI-,".N'rPi- Extreme SIEM G2 Data I Year 06/01/ Node Enterprise Plus Warranty 2020 Bance 89114 Security SII -;I G2DNI-,".N'rP[-HA Extreme SIEM G2 Data I Year 06/01/ Node Enterprise Plus HA Warranty 2020 Bance 89115 Security SII-,".MG2DNVIR Extreme SIEM G2 Data Software 06/01/ Node Virtual Warranty 2020 89116 Security SII-,".MG2DNVIR14A Extreme SIEM G2 Data Software 06/01/ Node Virtual HA Warranty 2020 1 89117 Security SII-,".MG2FCIG,rx Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance I Warranty 2020 0117 s rI X 89118 Security SII-,".MG2FCIG'rxHA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance I Warranty 2020 0117 s rI X 89119 Security SII-,".MG2FCMG,rx Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 Multi Gbps,rx 89120 Security SII -;I G2FCMG,rxl-IA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 Multi Gbps,rx 89121 Security SII-,".MG2FCMGSX Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps SX 89122 Security SII-,".MG2FCMGSX14A Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps SX 89123 Security SII-,".MG2FCMGSR Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps Fiber SR Attachment D Page 189 of 471 Page 605 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89124 Security SII-,".MG2FCMGSRIiA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps Fiber SR 89125 Security SIF".MG2FCMG[-R Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps Fiber LR 89126 Security SIF".MG2FCMG[-RI-IA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps Fiber LR 89127 Security SII-,".MG2VFC Extreme SIEM G2 VFlow Software 06/01/ Collector Warranty 2020 89128 Security SII-,".MG2VFCHA Extreme SIEM G2 VFlow Software 06/01/ Col I ector HA Warranty 2020 89129 Security SIF".MG2ADD100E Extreme SIEM G2 EPS Software 06/01/ Increase 100 License Warranty 2020 1 89130 Security SIF".MG2AD D I 001-,",14A Extreme SIEM G2 EPS Software 06/01/ Increase 100 HA License Warranty 2020 89131 Security SIF".MG2ADDO.51KE Extreme SIEM G2 EPS Software 06/01/ Increase 500 to 1000 Warranty 2020 License 89132 Security SIF".MG2AD DO. 5 1 KEHA Extreme SIEM G2 EPS Software 06/01/ Increase 500 to 1000 HA Warranty 2020 License 89133 Security SIF".MG2ADD12.5KE Extreme SIEM G2 EPS Software 06/01/ Increase 1000 to 2500 Warranty 2020 License 89134 Security SIF".MG2ADD12.5KEHA Extreme SIEM G2 EPS Software 06/01/ Increase 1000 to 2500 HA Warranty 2020 License 89135 Security SIF".MG2ADD2.5KE Extreme SIEM G2 EPS Software 06/01/ Increase 2500 License Warranty 2020 89136 Security SIF".MG2ADD2.5KEHA Extreme SIEM G2 EPS Software 06/01/ Increase 2500 HA License Warranty 2020 1 89137 Security SIF".MG2ADD1525KF Extreme SIEM G2 Flow Software 06/01/ Increase 15K to 25K VM Warranty 2020 License 89138 Security SIF".MG2ADD1525KFHA Extreme SIEM G2 Flow Software 06/01/ Increase 15K to 25K VM Warranty 2020 HA License 89139 Security SIF".MG2ADD255OKF Extreme SIEM G2 Flow Software 06/01/ Increase 25K to 50K Warranty 2020 License 89140 Security SIF".MG2ADD2550KFHA Extreme SIEM G2 Flow Software 06/01/ Increase 25K to 50K HA Warranty 2020 License Attachment D Page 190 of 471 Page 606 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89141 Security SIF".MG2ADD50100KF Extreme SIE M G2 Flow Software 06/01/ Increase 50K to 100K Warranty 2020 License 89142 Security SIF".MG2ADD50100KFHA Extreme SIE M G2 Flow Software 06/01/ Increase 50K to 100K HA Warranty 2020 License 89143 Security SIF".MG2ADD100KF Extreme SIE M G2 Flow Software 06/01/ Increase 100K License Warranty 2020 89144 Security SIF".MG2ADD100KFHA Extreme SIE M G2 Flow Software 06/01/ Increase I OOK HA Warranty 2020 License 89145 Security SIF".MG2CONuPT".N'r Extreme SIE M G2 Software 06/01/ ALLINONE Enterprise Warranty 2020 Upgrade to CONSOLE linter prise 89146 Security S I 1H, MG2 C ON u PT N'r H A Extreme SIE M G2 Software 06/01/ ALLINONE Enterprise Warranty 2020 HA Upgrade to CONSOLE Enterprise HA 89147 Security SII-,";IG2CON upi-,"Krp I- Extreme SIE M G2 Software 06/01/ ALLINONE Enterprise Warranty 2020 Plus Upgrade to CONSOLE Enterprise Plus 89148 Security SI1-,".MG2CONuPT".N'rPI-H Extreme SIE M G2 Software 06/01/ A ALL Ii Enterprise Warranty 2020 Plus HA Upgrade to CONSOLE Enterprise Plus HA 89149 Security SII-,";lG21PRAEVPSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 EVP I year Subscription License 89150 Security SII-,".MG21PRVEVPSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 EVP Virtual I year Subscription License 89151 Security SII-,".MG21PRAFI-PSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 FI -P I year Subscription License 89152 Security SII-,".MG21PRVFI-PSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 FI -P Virtual I year Subscription License Attachment D Page 191 of 471 Page 607 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89153 Security SII-,";lG21PRCEPSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 Combined EVP/F[-P I ear bscription License 89154 Security Sll-,".MG21PRAPI-SS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 AllInOne or Console I year Subscription License 89155 Security Sll-,".MG21PRVIRSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 AllInOne or Console Virtual I year Subscription License 89156 Security SII -;l G2[-SADD50 Extreme SIE M G2 Log Software 06/01/ Source Increase 50 Warranty 2020 89157 Security SII -;l G2[-SADD500 Extreme SIE M G2 Log Software 06/01/ Source Increase 500 Warranty 2020 1 89158 Security SII -;l G2[-SADDIK Extreme SIE M G2 Log Software 06/01/ Source Increase 1000 Warranty 2020 89159 Security SII -;l G2[-SADD5K Extreme SIE M G2 Log Software 06/01/ Source Increase 5000 Warranty 2020 89160 Security SII -;l G2[-SADDIOK Extreme SIE M G2 Log Software 06/01/ Source Increase 10000 Warranty 2020 89501 Security IPSG2SPsws,rD Extreme IPS G2 Software 06/01/ SiteProtector Standard Warranty 2020 Edition Software (5 Nodes) 89502 Security IPSG2SPswi-,".N,r Extreme IPS G2 Software 06/01/ SiteProtector Enterprise Warranty 2020 Edition Software (20 Nodes) 89503 Security IPSG2SPsWT".N'rPiTs Extreme IPS G2 Software 06/01/ SiteProtector Enterprise Warranty 2020 Plus Edition Software (Unlimited Nodes) 89506 Security IPSG2SP(JPGSE Extreme IPS G2 Software 06/01/ SiteProtector Upgrade Warranty 2020 from Standard to Enterprise Edi ti on 89507 Security IPSG2SPIJPGI-,".I-,".Pl- Extreme IPS G2 Software 06/01/ SiteProtector Upgrade Warranty 2020 from Enterprise to Enterprise Plus Edition 89510 Security IPSG2ADD5 Extreme IPS G2 Software 06/01/ SiteProtector Add 5 Node Warranty 2020 License Attachment D Page 192 of 471 Page 608 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89511 Security IPSG2X3PR1 Extreme IPS G2 X3 I Year 06/01/ Standard Appliance Warranty 2020 Primary Base 400 Mbps inspected throughput Optional AI DON performance license (Max 800 Mbps) Fixed 4x lGbE RJ45 monitoring interfaces 89512 Security IPSG2X3SEC Extreme IPS G2 X3 I Year 06/01/ Standard Appliance Warranty 2020 Secondary/Fail over (Must have same configuration like Primary) 89513 Security IPSG2X4PR1 Extreme IPS G2 X4 I Year 06/01/ Enterprise Appliance Warranty 2020 Primary Base 750 Mbps inspected throughput Optional AI DON performance license (Max 1.5 Gbps) Fixed 4x lGbE RJ45 monitoring interfaces Optional Network Interface Module 89514 Security IPSG2X4SEC Extreme IPS G2 X4 I Year 06/01/ Enterprise Appliance Warranty 2020 Secondary/Fail over (Must have same configuration like Primary) 89515 Security IPSG2X5PR1 Extreme IPS G2 X5 I Year 06/01/ Enterprise Plus Appliance Warranty 2020 Primary Base 2.5 Gbps inspected throughput Optional AI DON performance license (Max 7 Gbps) Fixed 4x lGbE RJ45 monitoring interfaces Optional Network Interface Modules Redundant power supply included 89516 Security IPSG2X5SEC Extreme IPS G2 X5 I Year 06/01/ Enterprise Plus Appliance Warranty 2020 Secondary/Fail over (Must have same configuration like Primary) Attachment D Page 193 of 471 Page 609 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89519 Security IPSG2X3PAWCSS Extreme IPS G2 X3 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Primary 89520 Security IPSG2X3SAWCSS Extreme IPS G2 X3 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Failover 89521 Security IPSG2X4PAWCSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Primary 89522 Security IPSG2X4SAWCSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Failover 89523 Security IPSG2X5PAWCSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Primary 89524 Security IPSG2X5SAWCSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Failover 89527 Security IPSG2X3PIPRSS Extreme IPS G2 X3 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Primary 89528 Security IPSG2X3SIPRSS Extreme IPS G2 X3 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Failover 89529 Security IPSG2X4PIPRSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Primary 89530 Security IPSG2X4SIPRSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Failover 89531 Security IPSG2X5PIPRSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services I Primary 1 89532 Security IPSG2X5SIPRSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for IP Warranty 2020 Attachment D Page 194 of 471 Page 610 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 195 of 471 Page 611 of 1515 Reputation Services Failover 89535 Security IPSG2X3PSSI-SW Extreme IPS G2 X3 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Primary 89536 Security IPSG2X3SSSI-SW Extreme IPS G2 X3 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Failover 89537 Security IPSG2X4PSSI-SW Extreme IPS G2 X4 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Primary 89538 Security IPSG2X4SSSI-SW Extreme IPS G2 X4 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Failover 89539 Security IPSG2X5PSSI-SW Extreme IPS G2 X5 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Primary 89540 Security IPSG2X5SSSI-SW Extreme IPS G2 X5 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Failover 89543 Security IPSG2X3PH,rpsw Extreme IPS G2 X3 400 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Primary 89544 Security IPSG2X3SH,rpsw Extreme IPS G2 X3 400 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Secondary 89545 Security IPSG2X4PH,rpsw Extreme IPS G2 X4 750 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Primary 89546 Security IPSG2X4SH,rpsw Extreme IPS G2 X4 750 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Secondary 89547 Security IPSG2X5PH,rpsw Extreme IPS G2 X5 1500 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Primary 89548 Security IPSG2X5SH,rpsw Extreme IPS G2 X5 1500 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Secondary Attachment D Page 195 of 471 Page 611 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89551 Security IPSG28PNMIG,rx Extreme IPS G2 Network I Year 06/01/ Module Sport IG Copper Warranty 2020 with builtin bypass 89552 Security IPSG24PNMIGSX Extreme IPS G2 Network I Year 06/01/ Module 4port IG SX Warranty 2020 Fiber with builtin bypass 89553 Security IPSG24PNMICII-X Extreme IPS G2 Network I Year 06/01/ Module 4port IG LX Warranty 2020 Fiber with builtin bypass 89554 Security IPSG22PN1 IOGSR Extreme IPS G2 Network I Year 06/01/ Module 2port I 0GbE SR Warranty 2020 Fiber with builtin bypass 89555 Security IPSG22PNMIOCII-R Extreme IPS G2 Network I Year 06/01/ Module 2port 10GbE LR Warranty 2020 Fiber with builtin bypass 89556 Security IPSG24PNMIGSFP Extreme IPS G2 Network I Year 06/01/ Module 4port IG SIP Warranty 2020 (requires transceivers) 89557 Security IPSG22PNMIOGSFP+ Extreme IPS G2 Network I Year 06/01/ Module 2port I OG SI P+ Warranty 2020 (requires transceivers) 89558 Security IPSG2D,rKICII-X Dual Transceiver Kit ICI I Year 06/01/ LX Fiber Warranty 2020 89559 Security IPSG2D,rKIGSX Dual Transceiver Kit ICI I Year 06/01/ SX Fiber Warranty 2020 89560 Security IPSG2D,rKIG,rx Dual Transceiver Kit ICI I Year 06/01/ 'rx Copper Warranty 2020 89561 Security IPSG2DTKIOGI-R Dual Transceiver Kit I OG I Year 06/01/ LR Fiber Warranty 2020 89562 Security IPSG2DTKIOGSR Dual Transceiver Kit I OG I Year 06/01/ SR Fiber Warranty 2020 89563 Security IPSG2PSIJ Power Supply Unit 460 1 Year 06/01/ WA'r'r Warranty 2020 1 338835 IRAN VSP 4000 PLDS PREM VSP 4000 PLDS Software LIC W/MACSEC LICDS PRIMIER I -ICI -,".NSE Warranty W/MACSEC LICDS 338836 IRAN VSP 4000 PLDS PREM VSP 4000 PLDS Software LICIH.NSE LICDS PRIMIER I -ICI -,".NSE Warranty LICDS 380176 IRAN VSP 8K PREM I -ICI -,".NSE VSP 8000 PLDS Software IACDS PREMIER I -ICI -,".NSE Warranty FOR I CHASSIS LICDS 380177 IRAN VSP 8K PREM LIC VSP 8000 PLDS Software W/MACSEC LICDS PREMIER I -ICI -,".NSE Warranty W/MACSEC FOR I CHASSIS LICDS Attachment D Page 196 of 471 Page 612 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 380221 FAN ERS5900 ADVANCED ERS5900 ADVANCED Software PI -S I -ICI -,".NSE I-ICDS FEA'ruRE PLDS Warranty I -ICI -,".NSE SINGLE (JNI'r OR s'rACK I-ICDS 380810 FAN VSP 9000 PLDS PREM VIRTUAL SERVICES Software I,ICI-,".NSE I-ICDS PLA' ICOR 9000 PLDS Warranty PRE, M I -ICI -,".NSE FOR I CHASSIS. I-ICDS 380811 FAN VSP 9000 PLDS PREM VIRTUAL SERVICES Software LIC W/MACSEC I-ICDS PLA' ICOR 9000 PLDS Warranty PREMIER I -ICI -,".NSE W/MACSEC I-ICDS 383168 FAN ERS5900 MACSEC PLDS ERS5900 MACSEC Software I,ICI-,".NSE PLDS I -ICI -,".NSE SINGLE Warranty (JNI'r OR s'rACK I-ICDS 383770 FAN ERS5900 MACSEC ADV ERS5900 MACSEC Software PLDS LIC PLUS ADVANCED Warranty PLDS LIC SINGLE (JNI'r OR s'rACK I-ICDS 383772 FAN ERS4900 ADVANCED ERS4900 ADVANCED Software PLDS I -ICI -,".NSE I-ICDS PLDS I -ICI -,".NSE SINGLE Warranty (JNrr OR s'rACK I-ICDS 386914 FAN VSP 7200 PORT I -ICI -,".NSE VSP 7200 PORT Software LICDS I -ICI -,".NSE FOR I Warranty swrrCH I-ICDS 392259 FAN VSP8600 IOC BASE VSP8600 IOC BASE Software LICDS I-ICDS Warranty 392670 FAN VSP8600 CHAS I -3V VSP8600 CHAS I -3V Software LICDS I-ICDS Warranty 392671 FAN VSP8600 CHAS VSP8600 CHAS Software I,3V+MACSEC I-ICDS I-3V+MACSEC I-ICDS Warranty 9372065 Cables/Co ASSY CBI-RJ45 TO ASSY CBI -,RJ -45 TO RJ- I Year nnectivity RJ45/ADAP,rERSPVC. US 45/ADAP,rERS,PVC. US Warranty 700511668 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 0.51 CABLE 0.51 Warranty 700511669 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 1.51 CABLE 1.51 Warranty 700511670 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 3.O1 CABLE 3.O1 Warranty 700511671 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 5.OM CABLE 5. OM Warranty 700512239 FAN PDIJ POWER CORD IEC POWER I Year C13C14 31 USA Dls,rRlBtj,rION (JNI'r Warranty POWER CORD IEC C Attachment D Page 197 of 471 Page 613 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 700512240 FAN PDIJ POWER CORD IEC POWER I Year C14CI5 31 USA Dls,rRlBtj,riON (JNI'r Warranty POWER CORD IEC C 700512241 FAN PDIJ POWER CORD IEC POWER I Year CBC14 31 IN'ri- Dls'rRIBu'rlON UNI'r Warranty POWER CORD IEC C 700512242 FAN PDIJ POWER CORD IEC POWER I Year C14CI5 31 IN'ri- Dls'rRIBu'rlON UNI'r Warranty POWER CORD IEC C 700512588 FAN ERS3600 STACKING ERS3600 STACKING I Year CABLE 0.51 CABLE 0.51 Warranty 700512589 FAN ERS3600 STACKING ERS3600 STACKING I Year CABLE LOM CABLE 1.01 Warranty 700512595 FAN RACK MO(JN'r ERS3600 RACK MO(JN'r Kl'r I Year ERS4900 ERS5900 'rwo Pos'r SII PORTS Warranty ERS3600 ERS4900 ERS5900 08A -CON- Fixed 1-2 800 SERIES CONSOLE No 12/31/ CBL CABLE Kl'r Warranty 2022 08A -RPS- Fixed 1-2 130W POE RPS FORTPT Limited 12/31/ 130P 08G20G208P swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08A -RPS- Fixed 1-2 150W RPS FOR 24/48 Limited 12/31/ 150 PORT Boo SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08A -RPS -24 Fixed 1-2 RPS FOR 08G20G208 No 12/31/ swrrCH Warranty 2022 08A -RPS- Fixed 1-2 500W POE RPS FOR 500W POE RPS FOR Limited 12/31/ 500P 24/48 POE 800 SERIES 24/48 POE 800 SERIES Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 198 of 471 Page 614 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 199 of 471 Page 615 of 1515 Replacern ent-2 08G20G2-08 Fixed 1-2 8 PORT 16/166/1666 8 PORT 16/166/1666 Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08G20G2- Fixed 1-2 8 PORT 10/100/1000 POE 8 PORT 16/166/1666 Limited 12/31/ 08P 800SERIES swrrCH POE 800SERIES Lifetime 2022 swrrCH Warranty with express Advanced Hardware Replacern ent-2 08G20G4-24 Fixed 1-2 24 PORT 16/166/1666 24 PORT 16/166/1666 Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08G20G4- Fixed 1-2 24 PORT 10/100/1000 POE 24 PORT 16/166/1666 Limited 12/31/ 24P 800SERIES POE 800SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08G20G4-48 Fixed 1-2 48 PORT 16/166/1666 48 PORT 16/166/1666 Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 199 of 471 Page 615 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 200 of 471 Page 616 of 1515 Replacern ent-2 08G20G4- Fixed 1-2 48 PORT 10/100/1000 POE 48 PORT 16/166/1666 Limited 12/31/ 48P 800SERIES POE 800SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08H20G4-24 Fixed 1-2 24 PORT To/Too 24 PORT To/Too Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08H20G4- Fixed 1-2 24 PORT 10/100 POE 24 PORT 10/100 POE Limited 12/31/ 24P 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08H20G4-48 Fixed 1-2 48 PORT To/Too 48 PORT To/Too Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08H20G4- Fixed 1-2 48 PORT 10/100 POR 48 PORT 10/100 POR Limited 12/31/ 48P 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 200 of 471 Page 616 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 201 of 471 Page 617 of 1515 Replacern ent-2 10051H Optics 1000BASESX SFP Hi 1000BASESX SFP MMIC I Year 220 550 meters LC Warranty connector Industrial 'hemp 10052H Optics 1000BASELX SI P Hi 1000BASELX SI P MMIC I Year 220 550 meters SMF Warranty lOkm LC connector Industrial 'remp 10053H Optics 1000BASEZX SI P Hi 1000BASEZX SIP SMF I Year 70km LC connector Warranty Industrial 'remp 10056H Optics 1000BASEBXD Bi Di SIP 1000BAS1-,".BXD SIP I Year Hi 1490nm 'rx/1 3 1 Onm RX Warranty wavelength Industrial 'hemp 10057H Optics 1000BASEBXI1 Bi Di SIP 1000BAS1-,".BX(1 SIP I Year Hi 13 1 Onm 'rx/1 490nm RX Warranty wavelength Industrial 'hemp 10060H Optics 100[ -X/1000[ -X SFP Hi Dual speed 100 I -X / 1000 1 Year I -X SIP LC connector Warranty Industrial 'remp 10070H Optics 10/100/1000BASET SIP 10/100/1000BASET SIP I Year Hi module CA'r5 cable 100m Warranty link RJ45connector for Giga Bit Ethernet SI P Port Industrial'hem 10071H Optics 1000BASESX SIP 10 Pack 1000BASESX SIP 10 1 Year Hi Pack Industrial'hem Warranty 10072H Optics 1000BASELX SIP 10 Pack 1000BASELX SIP 10 1 Year Hi Pack Industrial'hem Warranty I IOOFX-SFP- SRA 100BASEFX IR SIP l00BAS1-,TX IR SIP I Year 10/31/ IR -OM oP'rIC FOR SMI W/ LC C op'rw FOR SMI W/ LC Warranty 2024 C IOOFX-SFP- SRA 100BASEFX LR SIP l00BAS1-,TX LR SIP I Year 10/31/ I,R-OM oP'rIC FOR SMI W/ LC op'rw FOR SMI W/ LC Warranty 2024 CO CO IOOFX-SFP- SRA 100BASEFX SIP onic l00BAS1-,TX SIP orric I Year 10/31/ OM MMI' [.0 CONN oni MMIC LC CONN oni Warranty 2024 IOOFX-SFP- SRA 100BASEFX SI P MMIC I 00BASIH1 X SF P MMIC I Year 10/31/ OM -8 I.0 CONN 8 PK LC CONN 8 PK Warranty 2024 1 l00G-CIP2- SRA 1000 BE CFP2 100 GbE CI P2 optic (I -C) I Year 10/31/ ER4-40KM (I-C)ER44OKM OVER E for distances up to 40 Warranty 2024 SMF km over SMF Attachment D Page 201 of 471 Page 617 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 100G-CFP2- SRA 100CIF"h, CI P2 I-R410KM 100 GbE CF P2 optic (I -C) I Year 10/31/ I, 4-10I onics i PACK L for distances up to 10 Warranty 2024 km over SMF 100G-CFP2- SRA 100CIF"", CFP2 SR OPTICS 1 100 GbE CFP2 optic I Year 10/31/ SR10 PACK SR10 for distances up to Warranty 2024 100 rn over MMIC I pack 100G- SRA I 00GBASE CWDM4 100 GbE QS P28 optic I Year 10/31/ QSFP28- QSFP -rRANS I -C 2K1 (I -C} CWDM4 for Warranty 2024 CWDM4- OVERSM distances up to 2 km over 2KM SMF 100G- SRA 100GBE QSFP28 100 GbE QSFP28 optic I Year 10/31/ QSFP28- (LC)I-R4i-rrE2 KM OVER (I -C} LR41-ite for Warranty 2024 1,R4[--2KM SM distances up to 2 km over SMF 100G- SRA INN QSFP28 LR4 100 GbE QSFP28 optic I Year 10/31/ QSFP28- LOWPOWER 10K1 (I -C} L low power for Warranty 2024 I,R4-I-P- OVERSMI distances up to 10 km l0KM over SMF 100G- SRA 100GBE QS P28 (m-rP 100 GbE QS P28 optic I Year 10/31/ QSFP28-SR4 IX12)SR41001 MMF (m'rP 1x12) SR4 for Warranty 2024 distances up to 100 rn over MMIC IOOG-QSFP- SRA 100G13 QSFP TO 4 SI P28 100CIF"h, Direct Attached I Year 10/31/ 4SFP-P-0101 PASSIVE DACIM QS P28 to 4 Si P28 Warranty 2024 Passive Copper cable Im 12ack IOOG-QSFP- SRA 100G13 QSFP TO 4 SI P28 100CIF"h, Direct Attached I Year 10/31/ 4SFP-P-0301 PASSIVE DAC3M QS P28 to 4 Si P28 Warranty 2024 Passive Copper cable 3m 12ack IOOG-QSFP- SRA 100GBASESR4 100GBASEESR4 QSFP+ I Year 10/31/ ESR4 QSFP+(MOD(JI-E) 300M optic (m'rP N8 or 1x12) Warranty 2024 300m over MMIC 1pack IOOG-QSFP- SRA 100G13 QSFP DIRECT 100CIF"h, Direct Attached I Year 10/31/ QSFP-AOC- AvrACH AOC 10M QSFP+ to QSFP+ Active Warranty 2024 1001 Optical Cable 10m 1pack IOOG-QSFP- SRA INN QSFP PASSIVE 100CIF"", Passive Direct I Year 10/31/ QSFP-P- DIRE, ur ArrACH Attached QSFP28 to Warranty 2024 0101 CABLEI QSFP28 Active Copper cable Im 1pack IOOG-QSFP- SRA 100G13 QSFP PASSIVE 100CIF"", Passive Direct I Year 10/31/ QSFP-P- DIRE, ur ArrACH Attached QSFP28 to Warranty 2024 0301 CABLE3 QSFP28 Active Copper cable 3m 1pack Attachment D Page 202 of 471 Page 618 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOOG-QSFP- SRA 100GB QSFP PASSIVE 100CIF"", Direct Attached I Year 10/31/ QSFP-P- DIRE, ur ArrACH QSFP28 to QSFP28 Warranty 2024 0501 CABLE5 Passive Copper cable 5m I pack 10313A Optics 3m QSFP+ Passive Copper 40 Gigabit Ethernet I Year 10/31/ Cable QSFP+ passive copper Warranty 2023 cable assembly 26 AWG 3m length. 10930A Summit Summit 30OW AC Psu xT 30OW AC Power Supply Limited module for Summit X460 Lifetime E4G400 Series Switches Warranty Extended 'remparture with Range from 10 to +50 express degrees Celsius Advanced Hardware Replacern ent IOGB-4- Modular 4XIOC113 SF P+ TO QSFP 4XI00113 SFP+ TO QSFP I Year CO3-QSFP Interfaces CIJ CABLE 3M CIJ CABLE 3M Warranty IOGB-4-F20- Modular 4XIOC113 SFP+ TO QSFP I Year 12/31/ QSFP Interfaces FIBER CABLE 201 Warranty 2019 IOGBASE- Modular 10 C113E EXTT".NDED I Year 03/31/ ER-XFP Interfaces REACH XIP Warranty 2020 IOGBASE- Modular 10 C113E I -(3i REACH I Year 03/31/ 1,R-X[,'P Interfaces XI P Warranty 2020 IOGBASE- Modular 10 C113E SHORT REACH I Year 03/31/ SR -XIP Interfaces XI P Warranty 2020 IOGBASE- Modular I OC113ASE ZR XIP 8OKM I Year 06/12/ ZR-XFP Interfaces onic Warranty 2020 10GB-BX10- Modular 10 G13 SINGLE FIBER SM 10 G13, SINGLE FIBER I Year D Interfaces D 10 ISM SM, -D 10 KM Warranty I 10GB-BX10- Modular 10 G13 SINGLE FIBER SM 10 G13, SINGLE FIBER I Year (i Interfaces U 10 KM SM, -IJ 10 KM Warranty 10GB-BX40- Modular 10 G13 SINGLE FIBER SM 10 G13, SINGLE FIBER I Year D Interfaces D 40 KM SM, -D 40 KM Warranty 10GB-BX40- Modular 10 G13 SINGLE FIBER SM 10 G13, SINGLE FIBER I Year (i Interfaces U 40 KM SM, -IJ 40 KM Warranty 10GB-001- Modular SFP+ PLUGGABLE SFP+ PLUGGABLE I Year SI PP Interfaces COPPER CABLE IM COPPER CABLE IM Warranty 10GB-0O3- Modular SFP+ PLUGGABLE SFP+ PLUGGABLE I Year SI PP Interfaces COPPER CABLE 3M COPPER CABLE 3M Warranty l0GB-C10- Modular SFP+ PLUGGABLE SFP+ PLUGGABLE I Year SI PP Interfaces COPPER CABLE 101 COPPER CABLE 101 Warranty IOGB-ER21- Modular 10G13 SI PP DWDM I Year 05/30/ SI PP Interfaces CHANNEL 2140 KM Warranty 2024 Attachment D Page 203 of 471 Page 619 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOGB-ER23- Modular I OC113ER DWDM CH23 I Year 05/30/ SI PP Interfaces SI P+ Warranty 2024 IOGB-ER24- Modular 10G13 SI PP DWDM I Year 05/30/ SI PP Interfaces CHANNEL 24 40 KM Warranty 2024 IOGB-ER29- Modular I OC113ER DWDM CH29 I Year 05/30/ SI PP Interfaces SFP+ Warranty 2024 1 IOGB-ER31- Modular 10G13 SI PP DWDM l0G13 SFPP, DWDM, I Year SI PP Interfaces CHANNEL 3140 KM CHANNEL 31,40 KM Warranty IOGB-ER33- Modular 10G13 SI PP DWDM I Year 05/30/ SI PP Interfaces CHANNEL 33 40 KM Warranty 2024 10G13- Modular 10 G13 lG13 DUAL RATE 10 G13 lG13 DUAL RATE I Year ERE,X-SIPP Interfaces ER EX SMF ER EX SMF Warranty l0G13-ER- Modular IOC113ASE ER SFP+ (40) IOC113ASE ER SI P+ I Year SI PP Interfaces (40K) Warranty I 10GB-F10- Modular 10 G13 ACTIVE OPTICAL 10 G13, ACTIVE I Year SI PP Interfaces DAC 10 M op -MCAT DAC, 10 M Warranty 10GB-F20- Modular 10 G13 ACTIVE OPTICAL 10 G13, ACTIVE I Year SI PP Interfaces DAC 20 M op -MCAT DAC, 20 M Warranty 10G13- Modular 10G13 CM LR SI P+ I Year 05/30/ 1,R271-SFPP Interfaces 1271N1 Warranty 2024 10G13- Modular 10G13 CM LR SI P+ I Year 05/30/ 1,R291-SFPP Interfaces 1291N1 Warranty 2024 1 10G13- Modular 10G13 CM LR SI P+ I Year 05/30/ LR31 I-SFPP Interfaces 1311N1 Warranty 2024 10G13- Modular 10G13 CM LR SI P+ I Year 05/30/ 1,R331-SFPP Interfaces 1331N1 Warranty 2024 10G13- Modular 10G13 lG13 DUAL RATE 10G13, lG13 DUAL RATE I Year 1,RI,X-SFPP Interfaces LR I -X SMF LR I -X SMF Warranty I0C113-[-RM- Modular IOC113ASEI-RM SI P+ I0C113ASE-I-RM SI P+ I Year SI PP Interfaces 2201 MM op,ric 2201 mm op, IC Warranty I0C113-[-RM- Modular 10G13 L RM MM SF P+ 10G13, I -RM, MM, SFP+, I Year SI PP -G Interfaces FAA FAA Warranty 10G13 -I -R- Modular 10 C113ASEI-R SI P+ 10K 10 GBASE-I-R SI P+ 10K I Year SI PP Interfaces sm op,ric sm orric Warranty 10G13 -I -R- Modular 10G13 LR SM SFP+'rAA 10G13, I - R, SM, SFP+, I Year SI PP -G Interfaces FAA Warranty 10G13 -SR- Modular C113ASESR SFP+ 33/82M C113ASE-SR SFP+ I Year SI PP Interfaces mm orric 33/82M mm op,ric Warranty 10G13 -SR- Modular 10G13 SR MM SFP+'rAA 10G13, SR, MM, SFP+, I Year SI PP -G Interfaces FAA Warranty 100113- Modular 10G13 lG13 DUAL RATE 10G13, lG13 DUAL RATE I Year SRSX-SFPP Interfaces SR SX MMIC SR SX MIT Warranty I0C113-(1SR- Modular BUNDLE OF 48 1 Year 04/03/ 48PK Interfaces I0C!13(1SRSFPP Warranty2023 I0C113-(1SR- Modular 10G13 IOC113ASEI1SR I Year SI PP Interfaces MMIC SIS P+ Warranty2022 Attachment D Page 204 of 471 Page 620 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOC!13-ZR- Modular IOG13 8OKM SI P+ IOG13 8OKM SI P+ I Year SI PP Interfaces Warranty IOG-SIP- SRA CBi-6P'rICAI,7MSFP+DI CBi-6P'NCAI,7MSFP+D I Year 10/31/ AOC -0701 REC'rIOGAC'riVEI P IREC'riOGAC'riVEI P Warranty 2024 IOG-SIP- SRA CBi-6P'rICAIIOMSIS P+D CBi-6P'NCA[-IOMSFP+ I Year 10/31/ AOC -1001 iREc'rIOGAC'riVEI DIREC'riOGAC'riVEI Warranty 2024 1 IOG-SIP- SRA 10CIF", LR SI P+ onic 10CIF", LR SFP+ onic I Year 10/31/ BXD-S (I -C) BIDIRr,.c-rIONAI. (I -C) BIC IREC-rIONAL Warranty 2024 DO DO IOG-SIP- SRA LOGE, LR SI P+ onic LOGE, LR SFP+ onic I Year 10/31/ BX(J-S (I -C) BIDI RE, crIONAL (I -C) BIDIREC-rIONAL Warranty 2024 tip tip IOG-SFP-ER SRA IOGBASE"I,"R SFP+ onic IOGBASE"I,"R SFP+ I Year 10/31/ (i-qup -rO 40KM op-ric (i-qup -ro Warranty 2024 40KM IOG-SIP- SRA IOGBASE"I,"R SI P+ onic 1ocii3ASE"I,"R SFP+ I Year 10/31/ ER -2 (I -C )40KM 2PACK op-ric (I -C )40KM Warranty 2024 2PACK IOG-SIP-I-R SRA IOGBASELRSIS P+ onic IOGBASELRSIS P+ I Year 10/31/ (I -C) IO M SMF op-ric (I-C)IOKM SMF Warranty 2024 IOG-SIP- SRA IOC113ASEI-RSPP SMF IOC113ASEI-RSFPP SMF I Year 10/31/ I, -8 I -C CONNEC'rOR 8PACK LC CONNEC'rOR Warranty 2024 8PACK IOG-SFP- SRA IOC113ASEI-RM 1310NM IOC113ASEI-RM 1310NM I Year 10/31/ LRM SI P+ op-ric (i -c) -rAR SI P+ op-ric (i-c),rAR Warranty 2024 IOG-SFP- SRA IOC113ASEI-RM SFP+ IOC113ASEI-RM SI P+ I Year 10/31/ LRM -8 op-ric (I-C)220M 8PACK Cap-IC(I-C)220M Warranty 2024 8PACK IOG-SIP- SRA IOC113ASEI-R SI P+ onic IOC113ASEI-R SFP+ I Year 10/31/ I, -S (I-C)IOKM OVERSMF op-ric (I-C)IOKM Warranty 2024 OVERSMI IOG-SIP- SRA IOC113ASEI-R SI P+ onic IOC113ASEI-R SFP+ I Year 10/31/ 1,R -S8 (I-C)IOKM OVERSMF op-ric (I-C)IOKM Warranty 2024 OVERSMI IOG-SIP- SRA IOC113ASEI-R SI P+ onic IOC113ASEI-R SFP+ I Year 10/31/ I, -SA (I-C)IOKM OVERSMF op-ric (I-C)IOKM Warranty 2024 OVERSMI IOG-SIP- SRA IOC113ASEI-R SI P+ onic IOC113ASEI-R SFP+ I Year 10/31/ 1,R-SA8 (I-C)IOKM OVERSMF op-ric (I-C)IOKM Warranty 2024 OVERSMI IOG-SIPP- SRA I OCIE", IJ S R SF P+ HIGH LOGE, (JSR SFP+ optic I Year 10/31/ I1SR-8-E RX si-,"mrrivi'm PAC (I -C) w/ 13dBrn Rx Warranty 2024 sensitivity 100m over I MMIC 8pack I I IOG-SIPP- SRA IOGE-, (JSR SFP4-HIGH RX � LOGE, (JSR SFP+ optic I Year I � (JSR-E si-,"mrrivrryi PACK (I -C) w/ 13dBrn Rx Warranty 2024 Attachment D Page 205 of 471 Page 621 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 206 of 471 Page 622 of 1515 sensitivity 100m over MMIC 1pack lOG-SISP-SR SRA lOGBASESRSFP+ opTic lOGBASESRSFP+ I Year 10/31/ -C300M MMIC op-ric (I-C)300M MMIC Warranty 2024 lOG-SIP- SRA IOC113ASESRSFPP MIT IOC113ASESRSFPP MMF I Year 10/31/ SR -8 I -C CONNEC'rOR 8PACK LC CONNEC'rOR Warranty 2024 8PACK lOG-SIP- SRA IOC113ASESR IOC113ASESR I Year 10/31/ SR -S SFP+oP-rIC([-C) 300M SFP+oP-riC([-C) 3001 Warranty 2024 MMI' Sr[ MMFs,rD lOG-SIP- SRA IOC113ASESR IOC113ASESR I Year 10/31/ SR -S8 SFP+oP-rIC([-C) 300M SFP+oP-riC([-C) 3001 Warranty 2024 MMI' Sr[ MMFs,rD lOG-SIP- SRA IOC113ASESR IOC113ASESR I Year 10/31/ SR -SA SFP+oP-rIC([-C) 300M SFP+oP-riC([-C) 3001 Warranty 2024 MMI' Sr[ MMFs,rD lOG-SIP- SRA IOC113ASESR IOC113ASESR I Year 10/31/ SR-SA8 SFP+oP-rIC([-C) 300M SFP+oP-riC([-C) 3001 Warranty 2024 MMI' Sr[ MMFs,rD lOG-SIP- SRA DIRE, ur ATTACHED DIRECT ATTACHED I Year 10/31/ ,rwx-6161 SI PP COPPERIMI PACK SI PP Warranty 2024 COPPERIMIPACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT ATTACHED I Year 10/31/ 'rwx-om SI PP COPPERIN18PACK SI PP Warranty 2024 COPPERIN18PACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT ATTACHED I Year 10/31/ ,rwx-0301 SI PP COPPER3MI PACK SI PP Warranty 2024 COPPER3MIPACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT Ar[ TAC -1-11,"D I Year 10/31/ ,rwx-0308 SI PP COPPER38PACK SI PP Warranty 2024 COPPER3M8PACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT Ar[ TAC -1-11,"D I Year 10/31/ ,rwx-0501 SF PP CO P PER5M I PACK SI PP Warranty 2024 COPPER5MIPACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT Ar[ TAC -1-11,"D I Year 10/31/ ,rwx-0508 SI PP COPPER58PACK SI PP Warranty 2024 COPPER5M8PACK lOG-SFP- SRA IOGF,". SIS P+CMAC IOGF,". SFP+DAC I Year 10/31/ ,rwx-p- CABLEIM IPACK CAB LE I M I PACK Warranty 2024 0101 PASSIVE PASSIVE lOG-SIP- SRA IOGF,", SI P+ DAC CABLE IOGF,", SI P+ DAC I Year 10/31/ ,rwx-p- IM 8PACK PASSIVE CABLE IM 8PACK Warranty 2024 0108 PASSIVE lOG-SIP- SRA IOGF,", SI P+ DAC CABLE IOGF,", SI P+ DAC I Year 10/31/ ,rwx-p- 3M I PACK PASSIVE CAB LE 3M I PACK Warranty 2024 0301 PASSIVE Attachment D Page 206 of 471 Page 622 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOG-SIS P- SRA 10CIF". SI P+ DAC CABLE IOGIH. SI P+ DAC I Year 10/31/ 'rwx-P- 3M 8PACK PASSIVE CABLE 3M 8PACK Warranty 2024 0308 PASSIVE 10G-SFP- SRA IOGIH. SI P+ DAC CABLE IOGIH. SI P+ DAC I Year 10/31/ 'rwx-P- 5M I PACK PASSIVE CAB LE 5M I PACK Warranty 2024 0501 PASSIVE 10G-SFP- SRA IOGIH. SI P+ DAC CABLE IOGIH. SI P+ DAC I Year 10/31/ 'rwx-P- 5M 8PACK PASSIVE CABLE 5M 8PACK Warranty 2024 0508 PASSIVE 10G-SFP- SRA SI P+ IOG (JSR OPTIC I SI P+ IOG (JSR OPTIC I I Year 10/31/ (JSR PK BR PK BR Warranty 2024 10G-SFP- SRA SI P+ IOG (JSR OPTIC 8 SI P+ IOG (JSR OPTIC 8 1 Year 10/31/ (JS t-8 PK BR PK BR Warranty 2024 10G-SFP- SRA 10CHH, (JSR SFP+ onic 10CHH, (JSR SI P+ orric I Year 10/31/ (JSR-SA (I-C)RANGIH. 1001 MIDI (I-C)RANGE 1001 MMIC Warranty 2024 1 10G-SFP- SRA 10CHH, (JSR SFP+ OPTIC 10CHH, (JSR SI P+ OPTIC I Year 10/31/ (JS R-SA8(I-C)RANGIH. 1001 MIDI (I-C)RANGE 1001 MMIC Warranty 2024 IOG-SIP-ZR SRA l0GBASEZRSIS P+ OPTIC I 0GBAS1-,".ZRSFP+ I Year 10/31/ (i-qup -ro 8OKM op-ric (i-qup -ro Warranty 2024 8OKM 10G-SFP- SRA l0GBAS1-,".ZR SI P+ OPTIC TociBAS1-,".ZR SFP+ I Year 10/31/ ZR -2 (I-C)80M 2PACK op-ric (I-C)80M Warranty 2024 2PACK 10G-SFP- SRA l0GBAS1-,".Z-E l0GBAS1-,".ZRD I Year 10/31/ zRD-,r DWI M 80 KM SFP+ 'r(JNABLE DWI M 80 Warranty 2024 KM SI P+ IOG-X[,'P- SRA 10 GB E XIP Pluggable 10GbE XIP I Year 10/31/ 1310 -1 -RM 'rRANSCEIVER IJP,ro transceiver (I -C) 1310 nm Warranty 2024 220 MM FIBER serial for use on multimode fiber (FDDIgrade) up to 220 meters MM fiber compatible with IOC113ASEI-RM optics IOG-X[,'P- SRA OPTIC IOC113E ER XIP 1550nm serial pluggable I Year 10/31/ ER SMFI.0 CONNEC'rOR XIP optic (I -C) for up to Warranty 2024 40km over SMF IOG-X[,'P- SRA OPTIC IOC113E LR XIP 13 1 Onm serial p] uggabl e I Year 10/31/ LR SMFI.0 CONNEC'rOR XIP optic (I -C) for up to Warranty 2024 I Okm over SMF IOG-X[,'P- SRA OPTIC IOC113E LR XIP 13 1 Onm serial p] uggabl e I Year 10/31/ I,R-4 SMFI.0 CONN 4PK XIP optic (I -C) for up to Warranty 2024 I Okm over SMF 4 Pack 10G-XFP-SR SRA OPTIC I00113E SR XIP 850nm serial pluggable I Year 10/31/ MMFI.0 CONNEC'rOR XIP optic (I -C) target Warranty 2024 range 300m over MMIC Attachment D Page 207 of 471 Page 623 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOG-Xf,'P- SRA onic IOC113E SR XFP 850nm serial pluggable I Year 10/31/ SR -4 MMFLC CONN 4PK XFP optic (I -C) 4 Pack Warranty 2024 target range 300m over MMIC IOG-Xf,'P- SRA onic IOC113E ZR XIP 1550nm serial pluggable I Year 10/31/ ZR SMI LC: CONNEC'rOR XIP optic (I -C) for up to Warranty 2024 80km over SMF 16172'r Summit X450G224tGI-,".4FB'rAA 24 10/100/1000BASET 4 Limited 1000BASEX unpopulated Lifetime SIP two 214I1 stacking Warranty ports (QSFP) I Fixed AC with PSIJ I RPS port fan express module FronttoBack Advanced ExtremeXOS Edge Hardware license w Policy Replacern ent-2 16173'r Summit X450G224pGI-,".4FB715'rA 24 10/100/1000BASET Limited A POE 4 1000BASEX Lifetime unpopulated SIP two Warranty 21CIb stacking ports with (QSFP) 2 power supply express slots populated with Advanced 715W PS fan module Hardware FronttoBack ExtremeXOS Replacern Edge license w Policy ent-2 16177'r Summit X450G224pI0GE4FB715'r 24 10/100/1000BASET Limited AA POE 4 IOC113ASEX Lifetime unpopulated SI P+ two Warranty 21CIb stacking ports with (QSFP) 2 power supply express slots populated with Advanced 715W PS fan module Hardware FronttoBack ExtremeXOS Replacern Edge license w Policy ent-2 16179'r Summit X450G248pI0GE4FBII00 48 10/100/1000BASET Limited ,FAA POE 4 IOC113ASEX Lifetime unpopulated SI P+ two Warranty 21CIb stacking ports with (QSFP) 2 power supply express slots populated with Advanced I 100W PS fan module Hardware FronttoBack ExtremeXOS Replacern Edge license w Policy ent-2 Attachment D Page 208 of 471 Page 624 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 1630rr Summit Summit X48048TFAA 48 10/100/1 OOOBASET 4 1 Year 12/31/ 100/1000BASEX Warranty 2023 unpopulated SIP (shared) No PSIJ with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 'rrade Agreement Act compliant model. 16303'r Summit Summit X48024x,rAA 24 100/1000BASEX I Year 12/31/ unpopulated SIP 12 Warranty 2023 10/100/1000BASE'r (shared) 2 unpopulated XIP ports No PSIJ with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 'rrade Agreement Act compliant model. 16304'r Summit Summit X48048x,rAA 48 100/1000BASEX I Year 12/31/ unpopulated SI P No PSIJ Warranty 2023 with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 'rrade Agreement Act compliant model. 1640rr Summit Summit X46024TFAA 24 10/100/1000BASET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SIP (4 24 Warranty 10/100/1000BASE'r 8 with 100/1000BASEX express unpopulated SIP (4 SIP Advanced ports shared with Hardware 10/100/1000BASE'r Replacern ports) XCIM3 slot ent Stacking module slot 30OW AC PSIJ with one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 'rrade Agreement Act compliant model. Attachment D Page 209 of 471 Page 625 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16402'r Summit Summit X46048TFAA 48 10/100/1 OOOBASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP XGM3 Warranty slot Stacking module slot with 30OW AC PSIJ with one express unpopulated PSIJ slot Fan Advanced Module ExtremeXOS Hardware Edge License 'rrade Replacern Agreement Act compliant ent model. 16403'r Summit Summit X46024p,rAA 24 10/100/1000BASE'r Limited 06/30/ PoEplus 8 Lifetime 2022 100/1000BASEX Warranty unpopulated SIP (4 SIP with ports shared with express 10/100/1000BASE'r Advanced ports) XCIM3 slot Hardware Stacking module slot Replacern 750W AC Pot, PSIJ with ent one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 'rrade Agreement Act compliant model. 16405'r Summit Summit X46024x'FAA 24 100/1000BASEX Limited 06/30/ unpopulated SIP 8 Lifetime 2022 10/100/1000BASE-r (4 Warranty 10/100/1000BASE'r ports with shared with SIP ports) express XCIM3 slot Stacking Advanced module slot 30OW AC Hardware PSIJ with one Replacern unpopulated PSIJ slot Fan ent Module ExtremeXOS Edge License 'rrade Agreement Act compliant model. 16406'r Summit Summit X46048x,rAA 48 100/1000BASEX Limited 06/30/ unpopulated SIP XGM3 Lifetime 2022 slot Stacking module slot Warranty 30OW AC PSIJ with one with unpopulated PSIJ slot Fan express Module ExtremeXOS Advanced Edge License 'rrade Hardware Agreement Act compliant Replacern model. ent Attachment D Page 210 of 471 Page 626 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 1650rr Summit Summit X4408t'rAA 8 10/100/1000BASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP SummitStack Warranty Stacking ports I AC PSIJ with ExtremeXOS Edge express license'rAA model Advanced Hardware Replacern ent 16502'r Summit Summit X4408p,rAA 8 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP Warranty SummitStack Stacking with ports I AC PSIJ express ExtremeXOS Edge Advanced license'rAA model Hardware Replacern ent 16503'r Summit Summit X44024t,rAA 24 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) Summit Stack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 'rAA model 16504'r Summit Summit X44024p,rAA 24 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP (4 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) Summit Stack Advanced Stacking ports I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 'rAA model 16505'r Summit Summit X44048t,rAA 48 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) SummitStack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware Attachment D Page 211 of 471 Page 627 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 212 of 471 Page 628 of 1515 license connector for Replacern external power supply ent 'rAA model 16506'r Summit Summit X44048p,rAA 48 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASE'r express ports) Summit tack Advanced Stacking ports I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 'rAA model 16507'r Summit Summit X44024tI0G'rAA 24 10/100/1000BASE'r 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 I0C113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 'rAA model 16568'r Summit Summit X44024p I OGTAA 24 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP (4 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) 2 I0C113ASEX Advanced SI P+ I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 'rAA model 16569'r Summit Summit X44048tI0G'rAA 48 10/100/1 OOOBASET 2 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (2 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 I0C113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 'rAA model Attachment D Page 212 of 471 Page 628 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 165 io'r Summit Summit X44048p I OGTAA 48 10/100/1000BASET Limited 03/31/ PoEplus 2 IOOOBASEX Lifetime 2022 unpopulated SFP (2 SFP Warranty ports shared with with 10/100/1000BASE'r express ports) 2 IOC113ASEX Advanced SI P+ I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply ,FAA model 1653 Tr Summit X440G212p I OGE4'rAA X440G2 12 Limited 10/100/1000BASE'r Lifetime POET 4 1 GbE Warranty unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license'rAA model Replacern ent-2 16532'r Summit X440G224tIOC!I-,".4'rAA X440G2 24 Limited 10/100/1000BASE'r 4 Lifetime SIP combo 4 lGbE Warranty unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license'rAA model Replacern ent-2 16533'r Summit X440G224pIOGE4'rAA X440G2 24 Limited 10/100/1000BASE'r Lifetime POE 4 SIP combo 4 Warranty lGbE unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license'rAA model Replacern ent-2 16535'r Summit X440G248pIOGE4'rAA X440G2 48 Limited 10/100/1000BASE'r Lifetime POE 4 SIP combo 4 Warranty lGbE unpopulated SIP with upgradable to I OGbE express SI P+ (2 combo/2 Advanced noncombo) 2 lGbE Hardware copper combo upgradable Attachment D Page 213 of 471 Page 629 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 214 of 471 Page 630 of 1515 to lOGbE I Fixed AC Replacern PSIJ I RPS port ent-2 ExtremeXOSrAA model 165387 Summit X440G224xlOGE4,rAA X440G2 24 unpopulated Limited 1000BASEX SIP (4 Lifetime combo) 4 10/100/1000 Warranty combo 4 1 GbE with unpopulated express SI Pup to lOGbE Advanced SFP+ I Fixed AC PSIJ I Hardware RPS port ExtremeXOS Replacern Edge licenserAA model ent-2 16703T Summit X460G224p I OGE4FB715T 24 10/100/1000BASET Limited AA POE 4 IOC113ASEX Lifetime unpopulated SI P+ Rear Warranty VIM Slot (unpopd) Rear with 'riming Slot (unpopd) 2 express power supply slots Advanced populated with 715W PS Hardware fan module FronttoBack Replacern ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16704T Summit X460G248plOGE4FBIIOO 48 10/100/1000BASET Limited ,FAA POE 4 IOC113ASEX Lifetime unpopulated SI P+ Rear Warranty VIM Slot (unpopd) Rear with 'riming Slot (unpopd) 2 express power supply slots Advanced populated with I 10OW PS Hardware fan module FronttoBack Replacern ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16705T Summit X460G224x I OGIH.417BAur 24 SIP 4 IOC113ASEX Limited AA unpopulated SI P+ Rear Lifetime VIM Slot (unpopd) Rear Warranty 'riming Slot (unpopd) 2 with power supply slots express populated with 30OW PS Advanced fan module FronttoBack Hardware ExtremeXOS Advanced Replacern Edge license with Policy ent-2 Attachment D Page 214 of 471 Page 630 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 215 of 471 Page 631 of 1515 with EXOS Release 22.1 or greater 16706T Summit X46001248x I OGIH.417BAur 48 SIP 4 IOC113ASEX Limited AA unpopulated SIP + Rear Lifetime VIM Slot (unpopd) Rear Warranty 'riming Slot (unpopd) 2 with power supply slots express populated with 30OW PS Advanced fan module FronttoBack Hardware ExtremeXOS Advanced Replacern Edge license with Policy ent-2 with EXOS Release 22.1 or greater 1671or Summit Summit X4600.12 rAAcompliant Optional Limited VIM2qrAA Virtual Interface Module Lifetime for the rear of the X4600.12 Warranty providing 2 400113ASEX with ports unpopulated QSFP+ express Advanced Hardware Replacern ent-2 1671 IT Summit Summit X4600.12 TAAcompliant Optional Limited VIM2xrAA Virtual Interface Module Lifetime for the rear of the X4600.12 Warranty providing 2 IO0113ASEX with ports unpopulated SIP + express Advanced Hardware Replacern ent-2 16712T Summit Summit X4600.12 TAAcompliant Optional Limited VIM2trAA Virtual Interface Module Lifetime for the rear of the X4600.12 Warranty providing 2 IOGBASE'r with ports express Advanced Hardware Replacern ent-2 16713T Summit Summit X4600.12 TAAcompliant Optional Limited VIM2ssrAA Virtual Interface Module Lifetime for the rear of the X4600.12 Warranty with Attachment D Page 215 of 471 Page 631 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 216 of 471 Page 632 of 1515 providing 2 ports of express Extremes SummitStack Advanced Hardware Replacern ent-2 167157 Summit Summit X4600.12 TAAcompliant Optional Limited ,rmc[-K,rAA 'riming Module for the Lifetime rear of the X4600.12 Warranty providing the hardware with for SyncE and 1588 PrP express clocking with 2 ports of Advanced miniBNC connectors for Hardware clocking outputs Replacern ent-2 167167 Summit X46001224tGE4FBACTAA 24 10/100/1000BASET 4 Limited 1000BASEX unpopulated Lifetime SIP Rear VIM Slot Warranty (unpopd) hear aiming with Slot (unpopd) 2 power express supply slots populated Advanced with 30OW PS fan module Hardware FronttoBack ExtremeXOS Replacern Advanced Edge license ent-2 with Policy with EXOS Release 22.1 or greater 167187 Summit X46001224p01F".4FB715TA 24 10/100/1000BASET Limited A POE 4 1000BASEX Lifetime unpopulated SI P Rear Warranty VIM Slot (unpopd) Rear with 'riming Slot (unpopd) 2 express power supply slots Advanced populated with 715W PS Hardware fan module FronttoBack Replacern ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16719'r Summit X46001248pGE4FB11ooT 48 10/100/1000BASET Limited AA POE 4 1000BASEX Lifetime unpopulated SI P Rear Warranty VIM Slot (unpopd) Rear with 'riming Slot (unpopd) 2 express power supply slots Advanced populated with I 100W PS Hardware fan module FronttoBack Replacern ExtremeXOS Advanced ent-2 Attachment D Page 216 of 471 Page 632 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 217 of 471 Page 633 of 1515 Edge license with Policy with EXOS Release 22.1 or greater 167267 Summit X460G216mp32p I OGIH,41713 16 10OMb/1.0/2.5GbE Limited rAA PoE+ 32 Lifetime 10/100/1000BASE'r Warranty PoE+ 4 1000/1 OG BaseX with unpopd SI P+ ports Rear express VIM Slot (unpopd) Rear Advanced 'riming Slot (unpopd) 2 Hardware 1100 watt power supplies Replacern fan module FronttoBack ent-2 EXOS Advanced Edge license w Policy rrade Agree ent Act 16756T Summit X460G224p24hp I OGIH,41713 X4600.12 24 10/100/1000 Limited rAA full duplex PoE+ 24 Lifetime 10/100/1000 full/half Warranty duplex PoE+ 4 1000/1001 with SFP+ ports Rear VIM Slot express hear aiming Slot 2 Advanced I I OOW AC power Hardware supplies fan module Replacern FronttoBack airflow ent-2 ExtremeXOS Advanced Edge w Pohcyrrade Agree ent Act 16757T Summit X460G224t24ht1OCIF".41713T X4600.12 24 10/100/1000 Limited AA full duplex 24 Lifetime 10/100/1000 full/half Warranty duplex 4 1000/1001 SF P+ with ports Rear VIM Slot Rear express 'riming Slot two 30OW Advanced AC power supplies fan Hardware module FronttoBack Replacern airflow ExtremeXOS ent-2 Advanced Edge w Policy rrade Agreement Act model 1601-SFP- SRA FR(JSFP+SWI-16G1PKBR FR(JSFP+SWI-16G1 P I Year 10/31/ 000192 R Warranty 2024 1601-SFP- SRA FR(JSFP+SWI-16G8PKBR FR(JSFP+SWI-16G8PKB I Year 10/31/ 000193 11IZ Warranty 1 2024 1601-SFP- SRA FR(JSFP+I-WI-16G1OKM1 � FR1JSFP+I-WI-16G1OKM � I Year 10/31/ � 000198 PKBR lPKBR Warranty 2024 Attachment D Page 217 of 471 Page 633 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 1601 -SIS P- SRA FR[JSFP+[-WI-16GIOKM8 FR[JSFP+[-WI-16GIOKM I Year 10/31/ 000199 PKBR 8PKBR Warranty 2024 1601-SFP- SRA FRU QSFP SWI 4X1601 FRU QSFP SWI 4X1601 I Year 10/31/ 000245 FCCOMPuAN'r I PK FCCOMPuAN'r I PK Warranty 2024 l7101'r Summit Summit X670V48xFB,rAA 48 IOC113ASEX SI P+ one I Year 06/30/ VIM4 slot (unpopulated) Warranty 2022 ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot FronttoBack airflow fan module'rrade Agreement Act compliant model. 17102'r Summit Summit X670V48xBF,rAA 48 IOC113ASEX SI P+ one I Year 06/30/ VIM4 slot (unpopulated) Warranty 2022 ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module'rrade Agreement Act compliant model. 17103'r Summit Summit X67048xFB,rAA 48 IOC113ASEX SI P+ I Year 06/30/ ExtremeXOS Advanced Warranty 2022 Edge License unpopulated dual PSIJ power slot FronttoBack airflow fan module'rrade Agreement Act compliant model. 17104'r Summit Summit X67048xBF,rAA 48 IOC113ASEX SI P+ I Year 06/30/ ExtremeXOS Advanced Warranty 2022 Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module'rrade Agreement Act compliant model. 1720FF Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48t[,'BAC,rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48GBase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC power suppliesFronttoBack airflow fans,rrade Attachment D Page 218 of 471 Page 634 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 219 of 471 Page 635 of 1515 Agreement Compliant model 17202'1 Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48t13FAC'rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48 IOGBase'r ports) one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License2 BacktoFront 550W AC power suppliesBacktoFront airflow fans,rrade Agreement Compliant model 17203'1 Summit Summit 48 IOGBASET4 I Year 03/01/ X670V48t[,'BDc,rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48 IOGBase'r ports) one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License 2 FronttoBack 550W DC power suppliesFronttoBack airflow fans,rrade Agreement Compliant model 17204'1 Summit Summit 48 IOGBASET4 I Year 03/01/ X670V48t13FDc'rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48 IOGBase'r ports)one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License 2 BacktoFront 550W DC power supplies BacktoFront airflow fans,rrade Agreement Compliant model Attachment D Page 219 of 471 Page 635 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 17205'r Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48tFBmix'rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of I OC113ase'r ports)one VIM4 slot(unpopulated)Extreme XOS Advanced Edge Licensel FronttoBack 550W AC power supplyl FronttoBack 550W DC power supplyFronttoBack airflow fan s'rAA 17206'r Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48tt3FMlx,rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of I OC113ase'r ports)one VIM4 slot(unpopulated)Extreme XOS Advanced Edge Licensel FronttoBack 550W AC power supplyl FronttoBack 550W DC power supplyBackto Front airflow fan s'rAA 173 ToT Summit X670G248x4qFBAC,rAA FAA Summit I Year X670G248x4q 48 Warranty IOC113ASEX SI P+ and 4 40C113ASEX QSFP+ ExtremeXOS Advanced Edge License 2 550W AC Power Supplies with FronttoBack airflow and 3 FronttoBack airflow fan modules 1740101 Summit X62016xBF FAA X620 16 Limited 10OMb/I01b/I00113ASEX Lifetime SI P+ ports 2 BF 30OW Warranty AC power supplies I BF with Fan Module ExtremeXOS express Edge license Advanced Hardware Replacern ent-2 17401'r Summit X62016xFB FAA X620 16 Limited 10OMb/I01b/I00113ASEX Lifetime SI P+ ports 2 FB 30OW Warranty Attachment D Page 220 of 471 Page 636 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 221 of 471 Page 637 of 1515 AC power supplies I FB with Fan Module ExtremeXOS express Edge license Advanced Hardware Replacern ent-2 174020.1 Summit X62016tBF rFAA X620 12 Limited 100Mb/I01b/10CIBASE'r iifetime ports with EIH.E 4 Warranty 100Mb/I01b/10CIBASE'r with with EF,"I,",", shared with 4 express I011 /10CIBASEX SI P+ Advanced ports 2 BF 30OW AC Hardware power supplies I BF Fan Replacern Module ExtremeXOS ent-2 Edge license 17402'r Summit X62016tFB rFAA X620 12 Limited 100Mb/I01b/10CIBASE'r iifetime ports with EIH.E 4 Warranty 100Mb/I01b/10CIBASE'r with with EF,"I,",", shared with 4 express I011 /10CIBASEX SI P+ Advanced ports 2 FB 30OW AC Hardware power supplies I FB Fan Replacern Module ExtremeXOS ent-2 Edge license 18104-6PK VPE V40048p1O0II-,".4 6Pack Six Pack of V400 Series Limited 48 101001000BASE'r Lifetime PoE 4 1000 1 0G13aseX Warranty unpopulated SIP ports with fixed power supply and express fans Advanced Hardware Replacern ent 101 -SIP- SRA F R IJ S F P I GIH, F R IJ S F P I GIH, I Year 10/31/ 000190 COPPERIPKROHSBR COPPERIPKROHSBR Warranty 2024 101 -SIP- SRA 1000BASEBXD SIP 1000BASI-,".13XD SIP I Year 10/31/ BXD 1490NM SMF I -C (CON 1490NM SMF I -C (CON Warranty 2024 101 -SIP- SRA 1000BASEBXI1 SIP 1000BASI-,".13XI1 SIP I Year 10/31/ BXIJ 13 1 ONM SMF I -C (CON 13 IONM SMF I -C (CON Warranty 2024 101 -SIP- SRA CWDM MC1131C onic CWDM MC1131C orric I Year 10/31/ CWDM80- 8OKM 1470NM I -C 8OKM 1470NM I -C Warranty 2024 1470 CONNE CONNE Attachment D Page 221 of 471 Page 637 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IG -SIP- SRA CM MC1131C op IC CM MC1131C orric I Year 10/31/ CM80- 8OKM 1490NM I -C 8OKM 1490NM I -C Warranty 2024 1490 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 15 1 ONM I -C 8OKM 15 1 ONM I -C Warranty 2024 1510 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1530NM I -C 8OKM 1530NM I -C Warranty 2024 1530 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1550NM I -C 8OKM 1550NM I -C Warranty 2024 1550 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1570NM I -C 8OKM 1570NM I -C Warranty 2024 1570 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1590NM I -C 8OKM 1590NM I -C Warranty 2024 1590 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1610NM I -C 8OKM 1610NM I -C Warranty 2024 1610 CONNE CONNE IG -SIP- SRA 1000BASELHA SIP 1000BASELHA SIP I Year 10/31/ 1 -HA -OM op,ric smi,' I -C CONN OP op,ric SMF I -C CONN Warranty 2024 OP IG -SIP- SRA 1000BASELHA SIP 1000BASELHA SIP I Year 10/31/ LHA-owr op,ric MMIC I -C op,ric mmi,' i -c Warranty 2024 CONNEC'r CONNEC'r IG -SIP- SRA MODULE MINIGBIC MODULE MINICII31C I Year 10/31/ I'l-113 op,ric ij-m SMF I -C op, IC ij-m smi,' i -c Warranty 2024 IG-SFP-I-X- SRA 1000BASELX SIP opTic IOOOBASEI-X SIP I Year 10/31/ OM SMI LC CONN OP op,ric SMF I -C CONN Warranty 2024 OP IG-SFP-I-X- SRA 1000BASELX SIP opTic IOOOBASEI-X SIP I Year 10/31/ OM -8 8 PACK SMI CONN op,ric 8 PACK SMI Warranty 2024 CONN IG-SFP-I-X- SRA 1000BASELX SIP opTic IOOOBASEI-X SIP I Year 10/31/ om-'r, SMI LC CONNEC'rOR op,ric SMF I -C Warranty 2024 CONNEC'rOR IG -SIP -SX- SRA 1000BASESX SIP op IC 1000BASESX SIP I Year 10/31/ OM MMIC LC CONN OP op,ric mmi,' I -C CONN Warranty 2024 OP IG -SIP -SX- SRA 1000BASESX SIP opTic 1000BASESX SIP I Year 10/31/ OM -8 8 PACKMMFTC CONN op,ric 8 PACKMMFTC Warranty 2024 CONN Attachment D Page 222 of 471 Page 638 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IG-SFSP-SX- SRA 1000BASESX SFP OPTIC 1000BASESX SFP I Year 10/31/ om-'r MMFI.0 CONNEC'rOR onic mmi,' i -c Warranty 2024 CONNEC'rOR IG-SIP-,rx SRA MODULE MINIGBIC'rx MODULE MINICII31C I Year 10/31/ 1000BASE RJ45 'rx 1000BASE RJ45 Warranty 2024 23844-00- WiNG CORD SE'rT8AWG sv,r CORD SE'rT8AWG sv,r I Month OOR Wireless 3COND 7.517'r 3COND 7.517'r Warranty Wing 25-19371-01 WiNG CBL ASsYAN'ri-,",ITA CBL ASsYAN'ri-,",ITA I Month Wireless Warranty Wing 25-72178-01 WiNG CABLE JUMPER CAB LE JUMPER I Month Wireless RPSMA(M) -ro RPBNC(F) RPSMA(M) -ro Warranty RPBNC(F) Wing 25-85391- WING Adapter RPSMAMNM RPSMA (Male) to 'hype N I Month OI R Wireless (Male) Adapter Warranty Wing 25-85392- WING Adapter RPSMAMNF RPSMA (Male),ro ,hype I Month OI R Wireless N (Female) Adapter Warranty Wing 25-90262- WING Adapter RPSMAFNF RPSMAFemale to I Month OIR Wireless NFemale adapter Warranty Wing 25-90263- WING Adapter RPSMAFNM RPSMAFemale to NMale I Month OR Wireless adapter Warranty Wing 25-90263- WiNG NMALETO RPSMA NMALE'ro RPSMA I Month 02R Wireless FEMALE ADAP'rER Fl -,".MAI -E ADAP'rER Warranty Wing 25-97593- WING CBL ASSYSERIAL NULL CBL ASSYSERIAL I Month OIR Wireless MODEM DB9RJ45 NULL MODEM Warranty DB9RJ45 Wing 25-99175- WING N'rype Female to N'rype N'rype Female to N'rype I Month OI R Wireless Female Adaptor Female Adaptor Warranty Wing 25G -SI P28- SRA 25CI13ASESR SF P28 25CI13ASESR SF P28 I Year 10/31/ SR MODULE1001 MODULE1001 Warranty 2024 25G -SI P28- SRA 2501 PASSIVE DIRECT 2501 PASSIVE DIRECT I Year 10/31/ 'rwx-P- AvrACHED SF P28 AvrACHED Warranty 2024 0101 COPPE SFP28COPPER imm IPI 25G -SI P28- SRA 2501 PASSIVE DIRECT 2501 PASSIVE DIRECT I Year 10/31/ 'rwx-P- AvrACHED SF P28 AvrACHED SF P28 Warranty 2024 0108 COPPE COPPER 1m,rR8PK Attachment D Page 223 of 471 Page 639 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 25G -SI P28- SRA 25G PASSIVE DIRECT 25G PASSIVE DIRECT I Year 10/31/ 'rwx-P- Ar[ rACHED Si P28 ArrACHED Si P28 Warranty 2024 0301 COPPE COPPER 3m,rRIPIS 2501-SFP28- SRA 2501 PASSIVE DIRECT 2501 PASSIVE DIRECT I Year 10/31/ 'rwx-P- Ar[ rACHED Si P28 ArrACHED Si P28 Warranty 2024 0308 COPPE COPPER 3m,rR8PK 40GB-CO.5- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces DAC 0.51 DAC 0.51 Warranty 40GB-001- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces CABLE IM CABLE IM Warranty 40GB-0O3- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces CABLE 3M CABLE 3M Warranty 40GB-007- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces CAB LE 7M CAB LE 7M Warranty 40GB-ESR4- Modular 40GB EXTT".NDED 40GB EXTT".NDED I Year QSFP Interfaces REACH SR4 MM QSFP+ REACH SR4, MM Warranty QSFP+ 40GB-F10- Modular 40GB QSFP FIBER 40GB, QSFP FIBER I Year QSFP Interfaces CABLE 101 CAB LE I OM Warranty 40GB-F20- Modular 40GB QSFP FIBER 40GB, QSFP FIBER I Year QSFP Interfaces CAB LE 201 CAB LE 201 Warranty 40GB-[-R4- Modular 40GB 40GBASEI-R4 SMF 40GB, 40GBASE-I-R4 I Year QSFP Interfaces QSFP+ SMI QSFP+ Warranty 40GB-[-R4- Modular 40GB L SM QSFP+ 40GB, I -R4, SM, QSFP+, I Year QSFP-G Interfaces FAA FAA Warranty 40GB-SR4- Modular 40GB 40GBASESR4 MMIC 40GB, 40GBASE-SR4 I Year QSFP Interfaces QSFP- - MIT QSFP+ Warranty 40GB-SR4- Modular 40GB SR4 MM QSFP+ 40GB, SR4, MM, QSFP+, I Year QSFP-G Interfaces FAA FAA Warranty 40G-QSFP- SRA QSFP+ TO 4 SI P+ 4xlOGF,". Direct Attached I Year 10/31/ 4SFP-AOC- AC'riVE op'riCAL QSFP+ to 4 SFP+ Active Warranty 2024 1001 CABLEIOM Optical Breakout Cable 10m 1pack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4xlOGF,". Direct Attached I Year 10/31/ 4SFP-C- 'rO 4 SI P+ AC'riVE COP QSFP+ to 4 SI P+ Active Warranty 2024 0101 Copper Breakout Cable Im 1pack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4xlOGF,". Direct Attached I Year 10/31/ 4SFP-C- 'rO 4 SI P+ AC'riVE COP QSFP+ to 4 SI P+ Active Warranty 2024 0301 Copper Breakout Cable 3m 1pack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4xlOGF,". Direct Attached I Year 10/31/ 4SFP-C- 'rO 4 SI P+ AC'riVE COP QSFP+ to 4 SI P+ Active Warranty 2024 0501 Copper Breakout Cable 5m 1pack Attachment D Page 224 of 471 Page 640 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 400.1-QSFP- SRA 40G13 QSFP DIRECT 40GIH, QSFP Direct I Year 10/31/ C-0101 AvrACH CA BEIM Attached Copper Cable Warranty 2024 1m 1pack 40G -QS P- SRA 40G13 QSFP DIRECT 40GIH, QSFP Direct I Year 10/31/ C-0501 AvrACH CABLE5M Attached Copper Cable Warranty 2024 5m 1pack 40G -QS P- SRA 40GBASEER4 QSFP+ 40G13AS1-,-,1-,-,R4 QSFP+ I Year 10/31/ ER4-1 (I -C)40[ M SMF I PK (I -C)40[ M SMF I PK Warranty 2024 40G -QS P- SRA 40GBASESR4 QSFP+ 40GBASEESR4 QSFP+ I Year 10/31/ ESR4 (MODULE) 300M optic (m'rP 1x8 or 1x12) Warranty 2024 300m over MMIC 1pack 40G -QS P- SRA 40G13AS1-,-,1-,-,SR4 QSFP+ 40GBASEESR4 QSFP+ I Year 10/31/ ESR4-8 oP'rIC 300M MMF optic (m'rP 1x8 or 1x12) Warranty 2024 8PACK 300m over MMIC 8pack 40G -QS P- SRA 40GBASELM4 40GBASELM4 QSFP+ I Year 10/31/ LM4 QSFP+160M OM4 1310nm 160m over Warranty 2024 MMF'2KM SMF duplex I -C OM4 MMIC 2krn over duplex I -C SMF 40G -QS P- SRA 40GQSFP[-R4 OPTIC (I -C) 40GQSFP[-R4 OPTIC I Year 10/31/ LR4-1 (I -C) Warranty 2024 40G -QS P- SRA 40GBASELR4 QSFP+ 40G13aseI-R4 QSFP+ I Year 10/31/ LR4-8 op-ric (I-C)IOKM 8PACK optic (I -C} for up to I Okm Warranty 2024 over SMI 8 PACK 40G -QS P- SRA 4X10GBASELR4 QSFP+ 40G13aseI-R4 QSFP+ to 4 1 Year 10/31/ 1,R4-IN'r 'rO 4 SI P+ (MODULE) SI P+ optic (I -C} for up to Warranty 2024 10krn over SMF 1pack 40G -QS P- SRA 4X10GBASELR4 QSFP+ 4XIOGBASELR4 QSFP+ I Year 10/31/ 1,R4-IN'r-8 'rO 4 SI P+ (8PACK) 'rO 4 SFP+ (8PACK) Warranty 2024 400.1-QSFP- SRA 40G13 QSFP DIREFr 40GIHH, Direct Attached I Year 10/31/ QSFP-AOC- Ar[ rACH AOC I OM QSFP+ to QSFP+ Active Warranty 2024 1001 Optical Cable 10m 1pack 400.1-QSFP- SRA 40CHH, QSFP+ To QSFP+ 40GIHH, Direct Attached I Year 10/31/ QSFP-C- AC'riVE COPPER QSFP+ to QSFP+ Active Warranty 2024 0101 CABIM Ccs er cable Im 1pack 400.1-QSFP- SRA 40CHH, QSFP+ To QSFP+ 40GIHH, Direct Attached I Year 10/31/ QSFP-C- AC'riVE COPPER QSFP+ to QSFP+ Active Warranty 2024 0301 CAB3M Ccs er cable 3m 1pack 400.1-QSFP- SRA 40CHH, QSFP+ To QSFP+ 40GIHH, Direct Attached I Year 10/31/ QSFP-C- AC'riVE COPPER QSFP+ to QSFP+ Active Warranty 2024 0501 CA135M Ccs er cable 5m 1pack 40G -QS P- SRA 40G13 QSFP PASSIVE 40GIH. Passive Direct I Year 10/31/ QSFP-P- DIRE, ur ArrACH Attached QSFP+ to Warranty 2024 0501 CABLE5M QSFP+ Active Copper cable 5m 1pack Attachment D Page 225 of 471 Page 641 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 40G-QSFP- SRA QSFP+ TRANSCEIVER QSFP+ TRANSCEIVER I Year 10/31/ SR4-1 (40GBASESR4 (40GBASESR4 Warranty 2024 s'rANDARD s'rANDARD 400.1 -QS P- SRA 40GBASESR4 QSFP+ 40GBASESR4 QSFP+ I Year 10/31/ SR4-8 onic ioom mmy,' optic (m,rp N8 or 1x12) Warranty 2024 8PACK I 00m over MMIC 8pack 400.1 -QS P- SRA QSFP+ TRANSCEIVER 40GBASESR4 QSFP+ I Year 10/31/ SR4-IN'r (IOGBASESR optic (m,rp N8 or 1x12) Warranty 2024 COMPA'rIBLE I 00m over MMIC compatible with IOC113ASESR IOG breakoutcapable 1pack 40G-QSFP- SRA 40CHH, SR QSFP+ (I -C} 40CHH, SR QSFP+ optic I Year 10/31/ SR-BIDI BIDIREc'rIONAI, (I -C) Bidirectional 100m Warranty 2024 over OM3 MMIC 41632B BD 8K BD 89001OG24Xc DCB BlackDiamond 8900 1 Year 06/30/ 24 ort IOC113ASEX SI P+ Warranty 2023 50-16000- WING ACCord NEMA 115P AC Line Cord 1.8M I Month 182R Wireless ungrounded two wire Warranty Nl-,",MA 115P U S for Wing power supplies 5014000243R 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 I Month 217R Wireless OVA(Js,rRAI.IA 50VA(1s,rRAIIA Warranty Wing 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 I Month 218R Wireless OVJAPAN 50VJAPAN Warranty Wing 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 I Month 219R Wireless OVIJK 50VIJK Warranty Wing 50-16000- WiNG CORDPWR18AWG6A250 COR DPWR18AWG6A25 I Month 220R Wireless VEIJROPE OVEIJROPE Warranty Wing 50-16000- WiNG CORDPWR18AWGIOAl2 CORDPWR18AWGIOAI I Month 221R Wireless 5V(1SA 25V(1SA Warranty Wing 50-16000- WING ACCord C1-,".1-,".7/16 AC Line Cord 1.8M I Month 255R Wireless ungrounded two wire Warranty CEE7/16 Europe Abu Wing Dhabi Bolivia Dubai Egypt Iran Korea Russia Vietnam For power supply 5014000243R Attachment D Page 226 of 471 Page 642 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 50-16000- WiNG CORDPWR S. KOREA CORDPWR S. KOREA I Month 256R Wireless CON'r. EUROPE CEF,".7 CON'r. EUROPE CEE7 Warranty Wing 50-16000- WING CORDPWR CHINA CORDPWR CHINA I Month 257R Wireless Warranty Wing 50-16000- WiNG CBL ASSYCS1504 CBL ASSYCS1504 I Month 386R Wireless SERIA, 'ro (JSB CONY SERIA, 'ro [JSB CONY Warranty Wing 50-16000- WING ACCord G13209911996 AC Line Cord 1.8M I Month 664R Wireless ungrounded two wire GB Warranty 209911996 plug Wing Associated Country China For power supply 5014000243R 50-16000- WING ACCord AS 3112 AC Line Cord 1.8M I Month 666R Wireless ungrounded two wire AS Warranty 3112 plug Associated Wing Country Australia For paver supply 5014000243R 50-16000- WiNG CORDACPWR18AWG250 CORDACPWR18AWG2 I Month 669R Wireless V10A1.8MB[-KIN 50VIOA1.8MBI-KINDIA Warranty Wing 50-16000- WING ACCord BS 1363 AC Line Cord 1.8M I Month 670R Wireless ungrounded two wire BS Warranty 1363 Plug Associated Wing Countries Bermuda Hong Kong Iraq Malaysia Singapore and United Kingdom For power supply 5014000243R 50-16000- WiNG CORDACPWR18AWG250 CORDACPWR18AWG2 I Month 671R Wireless V10A1.8MB[-KI'ri- 50V10A1.8MBI-KI'rAIY Warranty Wing 50-16000- WiNG CORDACPW18AWG250V CORDACPW18AWG250 I Month 672R Wireless 10A1.8MBI-KIR V10A1.8MB[-ISIS RAE[- Warranty Wing 50-16000- WiNG CORDACPWR18AWG3 CORDACPWR18AWG3 I Month 727R Wireless PI-I1C113[-KIOABZ P[-(1GBI-K10ABRAZI[- Warranty Wing 5601013-D Cables/Co Dl-,".NMARKCORDSRAFC 0 No nnectivity 13 Warranty 5601013-F Cables/Co BRAZILCORDNBR 14136 BRAZII-,CORD,NBR No nnectivity 10A C13 14136, 10A, C13 Warranty Attachment D Page 227 of 471 Page 643 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 5601013-IJ2 Cables/Co IJSACORDNEMA 615013 IJSA,CORD,Nl-,".MA 6- No nnectivity 208250V 15,013 Warranty 5601313-J Cables/Co JIJMPERCORDC14CI3 JIJMPER,CORD,C14,Cl No nnectivity 3 Warranty 5601313 -ISI Cables/Co IJSACORDNEMA 515013 IJSA,CORD,Nl-,".MA 5- No nnectivity 15,CI3Warranty 5601313- Cables/Co USA CORD NEMA USA, CORD, NEMA No IJ 11-5 nnectivity 1,5/15P C13 3.5 M I -5/15P, C13, 3.5 M Warranty 5601513-F Cables/Co BRAZILCORD NB R BRAZIL,CORD NB R No nnectivity 14136 201 C13 14136, 201, C13 Warranty 5601513 -ISI Cables/Co IJSACORDNEMA 515 IJSA,CORD,Nl-,-.MA 5-15, No nnectivity C13 14 AWG C13,14 AWG Warranty 5602019 -AS Cables/Co A(Js,rRAIIACORDAS311 A(Js,rRAIIA,CORD,AS No nnectivity 2C19SHLD 3112,CI9,Sl-ll-D Warranty 5602019 -BS Cables/Co soum soum No nnectivity AFRICACORDSABS AFRICA,CORD,SABS Warranty 164/IC19SI-11-D 164/1,CI9,Sl-ll-D 5602019 -CS Cables/Co ARGI-,".N,rINACO RDI RAM ARGI-,".N,rINA,CORD,IR No nnectivity 2073C19SHLD AM 2073,C19,Sl-ll-D Warranty 5602019 -ES Cables/Co E(JROPECORDCI-,".I-,".7C I 9S E(JROPE,CORD,CEE7,C No nnectivity 141-D 19iSHI-D Warranty 5602019 -FS Cables/Co BRAZILCORDNBR 14136 BRAZII-,CORD,NBR No nnectivity 201 C19 SII D 14136 201, C19, SII D Warranty 5602019-J Cables/Co CORD JUMPER C19 C20 CORD, JUMPER, C19, No nnectivity C20 Warranty 5602019 -KS Cables/Co IJKCORDBS IJK,CORD,BS No nnectivity 1363C19SHLD 1363,CI9,Sl-ll-D Warranty 5602019 -SS Cables/Co SWISSCORDSEVIOIIC19 SWISS,CORD,SEVIOII, No nnectivity SHI-D C19,Sl-ll-D Warranty 1 5602019- Cables/Co IJSACORDNEMA IJSA,CORD,Nl-,-.MA 5- No IT nnectivity 520C19SI-11-D 20,CI9,Sl-ll-D Warranty 5602019- Cables/Co IJSACORDNEMA IJSA,CORD,Nl-,-.MA 6- No IJ S2 nnectivity 620C19SI-11-D 20,CI9,Sl-ll-D Warranty 5602019- Cables/Co Twis,FLOCK Nl-,".MA 1-615 Twis,FLOCK Nl-,".MA No IJ S21-6 nnectivity ITS 220VAC 1-615 ITS 220VAC Warranty 5602019- Cables/Co Twis,FLOCK Nl-,".MA 1-620 Twis,FLOCK NEMA 1-6- No IJ S21-620 nnectivity ITS 220VAC 20 ITS 220VAC Warranty 5602019- Cables/Co IJSACORDNEMA IJSA,CORD,Nl-,-.MA 5- No USI -I nnectivity 520C19SI-11-D 3M 20,CI9,Sl-ll-D, 3M Warranty 71A- Fixed ITS 710001 FAN MO D (JI -E 710001 FAN MOD (JI -E 5 Year 05/30/ 7 1 G FAN SPARE SPARE, Warranty 2024 1 71 1 -EES- Fixed E 7100 ADVANCE 7100 ADVANCE Software 05/30/ ADVIA ROurING I -ICI -,".NSE ROurING I -ICI -,".NSE Warranty 2024 71 1 -EES -G- Fixed E 710OG ADVANCED 710OG ADVANCED Software 05/30/ ADVIA ROurING I -ICI -,".NSE ROurING I -ICI -,".NSE Warranty 2024 Attachment D Page 228 of 471 Page 644 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 71A-EOS- Fixed ITS 710OG MAC SEC 710OGMACSEC Software GMACSEC LICIHNSE LICIHNSE Warranty 71A-EOS- Fixed ITS 7100K MAC SEC 7100K MACSEC Software KMACSEC LICIHNSE LICIHNSE Warranty 71A -FAN Fixed ITS 7100 FAN MODULE 7100 AN MODULE I Year 05/30/ SPARE SPARE Warranty 2024 1 71A -POE -A Fixed ITS 710OG POE POWER 710OG POE POWER I Year 05/30/ SUPPLY 1/0 SIDE SUPPLY 1/0 SIDE Warranty 2024 EXI-IA(Js,r EXI-IA(Js,r 71A -POE -B Fixed ITS 710OG POE POWER 710OG POE POWER I Year 05/30/ SUPPLY 1/0 SIDE SUPPLY 1/0 SIDE Warranty 2024 IN,rAKE IN,rAKE 71A -PS -A Fixed ITS 7100 POWER SUPPLY 1/0 7100 POWER SUPPLY I Year 05/30/ SIDE AIR EXI-IA(Js,r 1/0 SIDE AIR EXI-IA(Js,r Warranty 2024 71A -PS -B Fixed ITS 7100 POWER SUPPLY 1/0 7100 POWER SUPPLY I Year 05/30/ SIDE AIR IN,rAKE 1/0 SIDE AIR IN,rAKE Warranty 2024 71A -RACK- Fixed ETS 7100 UNIVERSAL RACK I Year 05/30/ (i MO(JN,r KI,r Warranty 2024 71GIIK21-2- Fixed E 7148GF48 PORT SIP 2 7148GF48 PORT SIP 2 Limited 05/30/ 48 SI P+ 2 QSFP+ SI P+ 2 QSFP+ Lifetime 2024 Warranty with express Advanced Hardware Replacern ent-2 71G2lK2[-2- FixedETS 7124/24G24PORTPOE 7124/24G 24 PORT POE Limited 05/30/ 24P24 24 SIP 2 SIS P+2 QSFP 24 SIP 2 SFP+2 QSFP Lifetime 2024 Warranty with express Advanced Hardware Replacern ent-2 71G2lK2[-2- FixedETS 7148G48PORTPOE 2 7148G 48 PORT POE 2 Limited 05/30/ 48P SI P+ 2 QSFP+ SI P+ 2 QSFP+ Lifetime 2024 Warranty with express Advanced Hardware Replacern ent-2 Attachment D Page 229 of 471 Page 645 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 71KIII-4-24 Fixed ETS 7124 24 PORTs SI P+ W/ 4 7124 24 PORTs SI P+ W/ I Year 05/30/ 40GIG GSI P+ 4 40GIG GSI P+ Warranty 2024 71KIII-4-48 Fixed ETS 7148 48 PORTs SI P+ 7148 48 PORTs SI P+ I Year 05/30/ wi-rH 4 40GIG GSI P+ wi-rH 4 40GIG GSI P+ Warranty 2024 71K911-4-24 Fixed E 7124'1 24 PORTs 7124'1 24 PORTs I Year 05/30/ IOGBASE'r W/4 40GIG I OGBASE'r W/4 40GIG Warranty 2024 QSFP+ QSFP+ 71K911-4-48 Fixed EES 7148'148 PORT s 7148'148 PORT s I Year 05/30/ I OGBASE'r W/ 4 40GIG Q I OGBASE-r W/ 4 40GIG Warranty 2024 Q 8G -SIP- SRA FRIJSFP[-Wl-8GIOKMIP FRIJSFP[-Wl-8GIOKMIP I Year 10/31/ 000153 KBR KBR Warranty 2024 8G -SIP- SRA FRIJSFPSWl-8GIPKBR FRIJSFPSWl-8GIPKBR I Year 10/31/ 000163 Warranty 2024 1 8G -SIP- SRA FRIJSFPSWl-8G8PKBR FRIJSFPSWl-8G8PKBR I Year 10/31/ 000164 Warranty 2024 8G -SIP- SRA FRIJSFP[-Wl-8GIOKM8P FRIJSFP[-Wl-8GIOKMMP I Year 10/31/ 000172 KBR KB R Warranty 2024 8G -SIP- SRA FR(JSFP+E[-Wl-8G25KMI FR(JSFP+E[-Wl-8G25K I Year 10/31/ 000174 PKBR MIPKBR Warranty 2024 9380010-3M Cables/Co CBL ASSY EC To i -c CBL ASSY, i -c To i -c No nnectivity DPLX IOG13 MM FBR 3M DPI -X, IOG13 MM FBR, Warranty 3M 9380011-3M Cables/Co CBL ASSY sTro i -c CBL ASSY, s -r To i -c No nnectivity DPLX IOG13 MM FBR 3M ISP[ -X, I OG13 MM FB R Warranty 3M 9380012-3M Cables/Co CBL ASSY suro i -c CBL ASSY, sc To i -c No nnectivity DPLX IOG13 MM FBR 3M DPI -X, IOG13 MM FBR, Warranty 3M 9380014-5M Cables/Co CBL MPO 4 I -C CBL, MPO- 4 I -C No nnectivity ISP I-XPI-I-,".NIJMIO GB D P [-X, P1 -1-,-,N (JM, 10 G13 Warranty MM 51 MM, 5M 9380527-3M Cables/Co CBL ASSY EC To sc CBL ASSY, i -c To sc No nnectivity DPLX 62.5 MM IAB R 3M ISP[ -X, 62.5 MM FB R, Warranty 3M 9380528-3M Cables/Co CBL ASSY EC To s'r CBL ASSY, i -c To s -r No nnectivity DPLX 62.5 MM IAB R 3M ISP[ -X, 62.5 MM FB R, Warranty 3M 9380529-3M Cables/Co CBL ASSY EC To i -c CBL ASSY, i -c To i -c No nnectivity DPLX 62.5 MM IAB R 3M ISP[ -X, 62.5 MM FB R, Warranty 3M 9380530-3M Cables/Co CBL ASSY EC To sc CBL ASSY, i -c To sc No nnectivity DPLX SM FBR 3M DPI -X, SM FBR, 3M Warranty 9380531-3M Cables/Co CBL ASSY EC To s'r CBL ASSY, i -c To s -r No nnectivity DPLX SM FBR 3M DPI -X, SM FBR, 3M Warranty Attachment D Page 230 of 471 Page 646 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 9380532-31 Cables/Co CBL ASSY EcTo i -c CBL ASSY, i -c TO i -c No nnectivity DPLX SM IAB R 3M DPI -X, SM FBR, 3M Warranty A4HI24- Fixed 1-2 HIGH AVAILABR-TrY 24 HIGH AVAILABHTFY Limited 12/31/ 24FX POR'r IOOBASEFX A4 24 POR'r I00BASI-,TX Lifetime 2022 A4 Warranty with express Advanced Hardware Replacern ent-2 A4HI24-24P Fixed 1-2 24 PORT 10/100 POE A4 24 PORT 10/100 POE A4 Limited 12/31/ swrrCH swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 A4HI24- Fixed 1-2 HIGH AVAILABR-TrY 24 HIGH AVAILABHTFY Limited 06/30/ 24'rx POR'r 10/100 A4 24 POR'r 10/100 A4 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 A4HI24-48 Fixed 1-2 48 PORT 10/100 A4 48 PORT 10/100 A4 Limited 12/31/ swrrCH swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 A4HI24-48P Fixed 1-2 48 PORT 10/100 POE A4 48 PORT 10/100 POE A4 Limited 12/31/ swrrCH swrrCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 231 of 471 Page 647 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 232 of 471 Page 648 of 1515 Replacern ent-2 A41-1254- Fixed 1-2 HIGH AVAIABR -TrY A4 HIGH AVAILABUTFY Limited 06/30/ 8178'r w 8'rx 8 A4 w 8'rx 8 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 AA0020049- FAN PWR CRD 20A/125V POWER CORD I Year 06/30/ E6 NEMA 520 NA 20A/125V NEMA 520 Warranty 2022 NOR'rH AMF".RICA AA0020050- FAN PWR CRD 15A/250V POWER CORD I Year E6 NEMA 615 NA 15A/250V NEMA 615 Warranty NOR'rH AMF".RICA AA0020051- FAN PWR CRD 16A/250V POWER CORD I Year E6 Cl -,",l-,",7/7 EURO 16A/250V Cl -,",l-,",7/7 Warranty CON,rlNl-,".N,rAl, EUROPE AA0020052- FAN PWR CRD 16A/250V POWER CORD I Year E6 CE123 rrAI-Y 16A/250V CEI 2350 S17 Warranty rrALY AA0020053- FAN PWR CRD 16A/250V S132 POWER CORD I Year E6 ISRAEL 16A/250V SI 32 ISRAEL Warranty AA0020054- FAN PWR CRD 15A/250V POWER CORD I Year E6 BS546 IND/SAF 15A/250V BS546 INDIA Warranty / sourl-I AFRICA AA0020055- FAN PWR CRD 16A/230V MIN POWER CORD I Year E6 IN'ri- 16A/23 OV 3 PIN Warranty IEC60309 IN'rERNA'riONAL AA0020056- FAN PWR CRD 20A/250V POWER CORD I Year E6 NEMA 1.620 NA 20A/250V NEMA 1-620 Warranty 'rwis'r LOCK NOR'rH AMF".RICA AA0020057- FAN PWR CRD 15A/250V AS POWER CORD I Year E6 3112 AIT 15A/250V AS 3112 Warranty A[Js,rRAI,IA AA0020058- FAN PWR CRD 13A/230V POWER CORD I Year E6 B S 13 62 [1K/IRE, 13A/230V BS 1362 UK Warranty AND IRE, LAND AA0020059- FAN PWR CRD 16A/250V POWER CORD I Year E6 G1311918 CHINA 16A/250V G13 1191889 Warranty GRE,A'rER CHINA Attachment D Page 232 of 471 Page 648 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA0020060- EAN PWR CRD 15A/250V POWER CORD I Year E6 NEMA 1-615 NA 15A/250V NEMA 1-615 Warranty 'rwis'r LOCK NOR'rH AMF".RICA AA0020062 EAN POWER CORD IEC C13 POWER CORD 2.51 I Year E6 'rO NEMA 515P USA I OA IEC C15 'rO NEMA Warranty 515 USA AA0020063 EAN POWER CORD IEC C13 POWER CORD 2.51 I Year E6 'rO BS1363 IJK 10A IEC C13 'rO BS1363 Warranty IJK AA0020064 EAN POWER CORD IEC C13 POWER CORD 2.51 I Year E6 'ro CEIH. 7/17 EU 10 1 IEC C 13 'ro CEE Warranty 7/17 EU AA0020067 EAN POWER CORD IEC C13 POWER CORD IEC C13 I Year E6 'ro IS1293 INDIA 'ro IS1293 INDIA Warranty AA0020068 EAN POWER CORD IEC C13 POWER CORD 2.51 10 1 Year E6 'rO AS 3112 A[Js,r IEC C13 'rO AS 3112 Warranty AA0020069 EAN POWER CORD IEC C13 POWER CORD 2.51 I Year E6 JAPAN 'TAIWAN 12A IEC C13 'ro ji s Warranty 8303 JAPAN CNS10917 'TAIWAN AA0020071- EAN POWER CORD IEC C15 POWER CORD 2.51 I Year E6 'rO BS1363 IJK 10A IEC C15 'rO BS1363 Warranty IJK AA0020072- EAN POWER CORD IEC C15 POWER CORD 2.51 I Year E6 'ro CEIH. 7/17 EU 10A IEC C15'ro CEE Warranty 7/17 EU AA0020073- EAN POWER CORD IEC C15 POWER CORD 2.5 M I Year E6 'ro jis 0303 JAPAN 10A IEC C15 'ro jis Warranty 0303 JAPAN AA0020074- EAN POWER CORD IEC C15 POWER CORD 2.O1 I Year E6 'rO NEMA 515 U SA I OA IEC C 15 'rO NEMA Warranty 515 USA AA0020075- EAN POWER CORD IEC C15 POWER CORD 2.51 I Year E6 'rO AUS3112 AUS NZ 10A IEC C15 'ro Warranty AI1S3112 AUS NZ AA0020076- EAN VSP PWR CRD 20A/125V VSP PWR CRD No E6 NEMA 520 NA 20A/125V NEMA 520 Warranty NA AA0020077- EAN VSP PWR CRD 15A/250V VSP PWR CRD No E6 NEMA 615 NA 15A/250V NEMA 615 Warranty NA AA0020078- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 CEIH,7/7 EURO 16A/250V CEIH.7/7 EURO Warranty AA0020079- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 CE123 rrALY 16A/250V CE123 rrALY Warranty Attachment D Page 233 of 471 Page 649 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA0020080- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 S132 ISRAEL 16A/250V S132 ISRAEL Warranty AA0020081- EAN PWR CRD 16A/250V IEC PWR CRD 16A/250V No E6 C19 SAN 1641 SAF IEC C19 SAN 1641 SAF Warranty AA0020082- EAN VSP PWR CRD 16A/230V VSP PWR CRD No E6 3 PIN IN'r I- 16A/230V MIN IN'ri- Warranty AA0020083- EAN VSP PWR CRD 20A/250V VSP PWR CRD No E6 NEMA 1.620 NA 20A/250V NEMA 1-620 Warranty NA AA0020084- EAN VSP PWR CRD 15A/250V VSP PWR CRD No E6 AS 3112 AU 15A/250V AS 3112 AU Warranty AA0020085- EAN VSP PWR CRD 13A/230V VSP PWR CRD No E6 B S 13 62 ZTKIIItE 13A/230V BS1362 Warranty (JK/IRE AA0020086- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 G1311918 CHINA 16A/250V G1311918 Warranty CHINA AA0020087- EAN VSP PWR CRD 15A/250V VSP PWR CRD No E6 NEMA 1-615 NA 15A/250V NEMA 1-615 Warranty NA AA0020094- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 CNS10917'rAIWAN IEC C15 'ro CNS 10917 Warranty 'rAIWAN AA0020097- EAN POWER CORD C15 'ro POWER CORD C15 TO I Year E6 SANS 1641 S. AFRICA SANS 1641 SC url-I Warranty AFRICA AA0020100- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 NB IZ 1413 6 B RAZI L IEC C15'rO NB R 14136 Warranty BRAZIL AA0020101- EAN POWER CORD C13 'ro POWER CORD2.51 IEC I Year E6 NB IZ 1413 6 B RAZI L C13 'rO NB R 14136 Warranty BRAZIL AA0020102- EAN POWER CORD cig,ro POWER CORD cTq'rO No E6 NB R 1413 6 BRAZI L NB R 14136 BRAZIL Warranty AA0020103- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 SHV 1011 SWISS IEC C15 'ro SHV 1011 Warranty swrrZERLAND AA0020104- EAN POWER CORD C13 'ro POWER CORD 2.51 I Year E6 SHV 1011 SWISS IEC C13 'ro SHV 1011 Warranty swrrZERLAND AA0020105- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 CEI 2316 rrALY IEC C15 'ro CEI 2316 Warranty rrALY AA0020106- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 S132 ISRAEL IEC C15 'ro S132 Warranty ISRAEL Attachment D Page 234 of 471 Page 650 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA0020107- IRAN POWER CORD C13'ro POWER CORD 2.5M I Year E6 S132 ISRAEL IEC C13 'ro S132 Warranty ISRAEL AA0020108- IRAN POWER CORD C15'ro POWER CORD C15 TO I Year E6 1,615P 1-615P 250V/15A 2.5 Warranty mE'rER'rwis'r AND LOCK AA0020109- IRAN POWER CORD C15'ro POWER CORD 2.5M I Year E6 BS546 INDIA IEC C15'rO BS546 Warranty INDIA AA00201 10- IRAN PWER CORD C15'ro POWER CORD 2.5M I Year E6 IRAM 2073 ARGIH.N'rINA IEC C15 'ro I RAM 2073 Warranty ARGIH.N'rINA AA0020112- IRAN VSP8608 DC Pwr Cord for VSP8608 DC Pwr Cord No E6 EC8605AO2E6 for EC8605AO2E6 Warranty AA1403001- IRAN XFP I-R/I-W LAN/WAN I PORT I Year E5 SM 10I M l0G13ASEI-R/I-W XIP Warranty LAN/WAN SINGLE MODE up,ro IOKM AA1403005- IRAN XFP SR MMIC upTo I PORT IOC113ASESR I Year E5 300M xi,,p mijurIMODE Warranty FIBRE up'rO 300M AA1403011- IRAN SI P+ LR SM 10I M SFP+ LR SM 10I M I Year E6 Warranty AA1403011- IRAN 10G13I-R SI P+ SMF UP IOC113ASEI-R (SFP+) 10G I Year E6H'r -ro IOKM (H -r 85C) S(JPPOR'rs SMF up,ro Warranty IOKM (unGurri-,-.mp oc -ro 85C) AA1403013- IRAN SF P+ ER SM 10I M SF P+ ER SM 10I M I Year E6 Warranty AA1403015- IRAN SFP+ SR MMF300M SF P+ S R MMIC 300M I Year E6 Warranty AA1403015- IRAN I OG13 S R SF P+ MMI' UP IOC113ASESR (SFP+) 10G I Year E6H'r -rO 300M (H -r 85C) S(JPPOR'rs mmi,' up,ro Warranty 300M (unGurri-,-.mp oc -ro 85C) AA1403016- IRAN IPORT IOGIH. SI P+ I -(3i I PO RT I OGIH, SF P+ I Year E6 REACHZR LONGRE, ACHZR Warranty AA1403017- IRAN SFP+ LRM MMI' SFP+ LRM MMIC I Year E6 220M/300M 220M/300M Warranty AA1403018- IRAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE IOM CABLE IOM Warranty AA1403019- IRAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE3M CABLE3M Warranty AA1403020- IRAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE5M CABLE5M Warranty Attachment D Page 235 of 471 Page 651 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA1403022- IRAN SFP+ DIRE, ur ATTACH SFP+ DIRECT ATTACH I Year E6 CAB LE 7M CAB LE 7M Warranty AA1403043- IAN IOC113ase'r SFP+ RJ45 IOC113ase'r SFP+ RJ45 I Year E6 Conn Upto 30m Conn Upto 30m Warranty AA1403165- IAN I PRT CWDM SFP+ I PRT CWDM SFP+ I Year E6 1550NM 70KM 1550NM 70KM Warranty AA1403169- IAN IOGBX l0krn SI P+ IOGBX l0krn SFP+ I Year E6 'IX/RX pair AA 1403170 'IX/RX pair AA 1403170 Warranty AA1403170- IAN IOGBX l0krn SI P+ IOGBX l0krn SFP+ I Year E6 Rx/,rx pair AA1403169 RX/'rx pair AA1403169 Warranty AA1404001- IAN 40GBASELR4 QSFP+ 40GBASELR4 QSFP+ I Year E6 'rRANSCEIVER 'rRANSCEIVER Warranty AA1404002- IAN 40G I -M4 QSFP+ tip To 40G I -M4 QSFP+ [1P To I Year E6 80m ON MMIC 80m ON MMIC Warranty AA1404003- IAN 40CIF-R4 QSFP+ 1310nm 40CIF-R4 QSFP+ 1310nm I Year E6 SMF up to 30krn SMF up to 30krn Warranty AA1404005- IAN 40GSR4/4XIOGSR QSFP+ 40GSR4/4XIOGSR I Year E6 'rRANSCEIVER QSFP+ -rRANSCEIVER Warranty AA1404006- IAN 40G13ASF".F".S R4/4x I OC113A 40C113ASEESR4/4xlOGB I Year E6 SESR Upto 300m ASESR Upto 300m Warranty AA1404028- IAN QSFP+ To QSFP+ IOM Q SF P+ To Q SF P+ I OM I Year E6 AOC AOC Warranty AA1404029- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 CABLE IM CABLE IM Warranty AA1404030- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 2M PASSIVE COPPER 2M PASSIVE COPPER Warranty AA1404031- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 CABLE 3M CABLE 3M Warranty AA1404032- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 CABLE 5M CAB LE 5M Warranty AA1404033- IAN QSFP+ To SI P+ DAC QSFP+ To SFP+ DAC I Year E6 BREAKOur CABLE IM BREAKOur CABLE IM Warranty AA1404035- IAN QSFP+ To SI P+ DAC QSFP+ To SFP+ DAC I Year E6 BREAKOur CABLE 31 BREAKOur CABLE 3M Warranty AA1404036- IAN QSFP+ To SI P+ DAC QSFP+ To SFP+ DAC I Year E6 BREAKOur CABLE 51 BREAKOur CABLE 5M Warranty AA1404037- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 CABLE 0.5M CAB LE 0.5M Warranty AA1404041- IAN QSFP+ TO 4SFP+ AOC QSFP+ TO 4SFP+ AOC I Year E6 IOM (AC-rIVE) IOM (AC-riVE) Warranty AA1405001- IAN 1OOG13ASEI-R4 QS P28 lOOG13ASEI-R4 QS P28 I Year E6 (1-C Connector) (1-C Connector) Warranty AA1405005- IAN IOOGBASESR4 QS P28 IOOGBASESR4 QS P28 I Year E6 I (MPO Connector MPO Connector) Warranty AA1405029- IAN ING QSFP28 To QS P28 � ING QSFP28 To I Year E6 DAC IM QSFP28 DAC IM Warranty Attachment D Page 236 of 471 Page 652 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA1405031- FAN 100E QSF P28 TO QSFP28 100E QSF P28 TO I Year E6 DAC 31 QSFP28 DAC 3M Warranty AA1405032- FAN 100G QSF P28 TO QSFP28 100G QSF P28 TO I Year E6 DAC 51 QSFP28 DAC 5M Warranty AA1419043- FAN SFP 1000BASET (RJ45) SFP 1000BASET (RJ45) I Year E6 Warranty AA1419048- FAN SFP 100013ASESX DDI SFP 100013ASESX DDI I Year E6 (I -C) (I -C) Warranty AA1419049- FAN SFP 1000BASEI-X DDI SFP 1000BASEI-X DDI I Year E6 (I -C) (I -C) Warranty AA1419065- FAN SFP CWDM DDI (LC) SFP CWDM DDI (I -C} I Year E6 1550N1 70K1 1550N1 70K1 Warranty AA1419069- FAN SFP 1000BASEBX (I -C} SFP 1000BASF,-.13X (I -C} I Year E6 1310N1 1310N1 Warranty AA1419070- FAN SFP 1000BASEBX (I -C} SFP I000BASI-,-,13X (I -C} I Year E6 1490N1 1490N1 Warranty AA1419074- FAN SFP 100BASEFX (I -C} I PORT l00BAS1-,".FX I Year E6 SFP (I -C) Warranty AD -CMC -P- WING IICI-,".NSE CF-,",NTRALIZED I -ICI -,".NSE Software I WirelessMANAC!1-,"M-,".N'r CF-,".N,rRAI-IZED Warranty CONSOLE 1 ANAC11-,".M1-,".N'r CONSOLE AD-FERS-P- WING L ICI"N SERAD 10 SHARE, I-ICI-,".NSFRADIO SHARE, Software I Wireless ADV FORE, NSICS I AP ADV FORE, NSICS I AP Warranty AIS -I ESN -P- WiNG I -ICI -,".NSE ADV I -ICI -,".NSE ADV Software I Wireless FORE, NSICS FOR ONE FORE, NSICS FOR ONE Warranty Sl-,".NSORAD Sl -NSC RAD AD -FI -RS -P- WING I - ICI -NSE RS WIPS FOR I LICF,".NSERS WIPS FOR Software I Wireless SI -NSC RADSP I SI -NSC RADSP Warranty AD -FI -RS -P- WING I - ICI -NSE RS WIPS FOR LICF,".NSERS WIPS FOR Software 100 Wireless 100 SI -NSC RADSP 100 SI -NSC RADSP Warranty AD -FI -RS -P- WING I - ICI -NSE RS WIPS FOR LICF,".NSERS WIPS FOR Software 1000 Wireless 1000 SI -NSC RADSP 1000 SI -NSC RADSP Warranty AD -FI -RS -P- WING I - ICI -NSE RS WIPS FOR LICF,".NSERS WIPS FOR Software 2000 Wireless 2000 SI -NSC RADSP 2000 SI -NSC RADSP Warranty AD-SNFI--P- WING I -ICI -,".NSE WIPS FOR ONE I -ICI -,".NSE WIPS FOR Software I Wireless SEN SO RAI RDI -,".F, 1-,".N SE ONE Warranty Sl-,".NSORAI RDEFI-,".NSE AD-VASN- WING LICF,".NSEVULNERABILI LICF,".NSEVULNERABIL Software P-1 Wireless 'rY ASSESMN'r i rrY ASSESMN'r i Warranty Sl-,".NSOR Sl-,".NSOR AH3313105 FAN EPM INCREM1-,".N'rAI- EPM INCRE Kif"KFAL Software 03/12/ 1000 1000 Warranty 2021 Al- Smart AIDQ04360S AIDQ04360S Dipole I Year DQ04360S OmniEdge Omni Array 5.5dBi/6dBi Warranty Wireless dual band outdoor with Attachment D Page 237 of 471 Page 653 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 238 of 471 Page 654 of 1515 quad feed 36 leads and RPSMA connectors AL1011001- [SAN UNIVERSAL RACK UNIVERSAL RACK I Year E6 MO(JN'r KI'r D MO[JN'r KI'r D Warranty ERS48XX ERS55XX ERS56XX VSP4000 VSP7000 AL1905005- [SAN ERS5600 and VSP4000 ERS5600 and VSP4000 Limited 12/20/ E5 30OW DC P/S 30OW DC P/S Lifetime 2030 Warranty with express Advanced Hardware Replacern ent A[-19050613- EA N DC PSIJ 450W ERS5900 DC POWER SUPPLY Limited E6 VSP7000 B2F 450W ERS5900 VSP7000 Lifetime BACK'rO FRON'r AIR Warranty FLOW with express Advanced Hardware Replacern ent A[ -190506F- EA N DC PSIJ 450W ERS5900 DC POWER SUPPLY Limited E6 VSP7000 F2B 450W ERS5900 VSP7000 Lifetime FRON'r'rO BACK AIR Warranty FLOW with express Advanced Hardware Replacern ent A[-1905AO8- EAN 4800G,rs/8100 30OW AC ERS4800G,rS/WI-AN810 Limited E5 P/S NO PC 0 30OW AC RE, D PSIJ Lifetime NO PWR CRD ROHS 6/6 Warranty with express Advanced Hardware Replacern ent A[ -1905A09- [SAN ERS4900 250W PSIJ NO ERS4900 250W POWER Limited E6 POWERCORD SUPPLY (JNI'r NO Lifetime POWERCORD Warranty Attachment D Page 238 of 471 Page 654 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 239 of 471 Page 655 of 1515 with express Advanced Hardware Replacern ent A[-1905AI9- EAN ERS4900 1025W PSIJ NO ERS4900 1025W Limited E6 POWERCORD POWER SUPPLY IJNI'r i-ifetime NO POWER CORD Warranty with express Advanced Hardware Replacern ent A[ -1905A21- EAN 480OGTsPWR+ 1000W ERS4800G'rsPWR+ Limited E6 AC P/S NO PC I OOOW AC RE, D PS IJ NO Lifetime PWR CRD Warranty with express Advanced Hardware Replacern ent Al-1905A3B EAN ERS5900 B2F 1400W PSIJ ERS5900 1400W AC Limited -E6 NO PC PSIJ B2F NO PC Lifetime Warranty with express Advanced Hardware Replacern ent A[-1905A3F- EAN ERS5900 F2B 1400W PSIJ ERS5900 1400W AC Limited E6 NO PC PSIJ F2B NO PC Lifetime Warranty with express Advanced Hardware Replacern ent A[-1905EI9- EAN ERS4900 1025W PSIJ NO ERS4900 1025W Limited E6 PC ERA'rE POWER SUPPLY IJNI'r i-ifetime NO PWR CORD ERA'rE Warranty ONLY with Attachment D Page 239 of 471 Page 655 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 240 of 471 Page 656 of 1515 express Advanced Hardware Replacern ent A[ -1905E21- EAN 480OGTsPWR+ 1000W ERS4800G'rsPWR+ Limited E6 AC P/S NO PC ERA'rE 1000W AC RED PSIJ NO Lifetime PWR CRD IRATE Warranty ONLY with express Advanced Hardware Replacern ent A[-1905E3F- EAN ERS5900 F2B 140OW PSIJ ERS5900 FRON'Fro Limited E6 NO PC ERA'rE BACK 140OW PSIJ NO Lifetime PWR CORD ERA'rE Warranty ONLY with express Advanced Hardware Replacern ent AL2011020- EAN DB9 Fl-,".M,rO RJ45 CONS DB9 IE TO RJ45 I Year E6 CON RED CONS CON RE, D CONY Warranty DB9 M'rO RJ45 SERIAL AL2011022- EAN 1.51 RJ45/DB9 FEM 1.51 RJ45[DB9 INTEGR I Year E6 IN'rEGR CONS CBI. CONS CABLE W DB9 Warranty Fl -,".M FOR PC AND RJ45 A[-350OA01- EAN ERS 3526'r NO PC 3526'r 24 10/100 PORTS Limited 06/30/ E6 2 10/100/1000/SFP 2 Lifetime 2023 RE, AR SEP NO PC Warranty with express Advanced Hardware Replacern ent-2 A[ -3500A02- EAN 3556'r NO PC 3556'r 48 10/100 PORTS Limited 06/30/ E6 2 10/100/1 OOO/SF P 2 Rr Lifetime 2023 SIP NO PC Warranty with express Advanced Hardware Attachment D Page 240 of 471 Page 656 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 241 of 471 Page 657 of 1515 Replacern ent-2 A[ -3500A04- EAN ERS 3 5 1 0G'r NO PC 3510G,r NO PC Limited E6 Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-350OA05- EAN ERS 3 524G,r NO PC 3 524G,r 24 10/100/1000 Limited 06/30/ E6 PORTS 4 SEP 2 REAR Lifetime 2023 SIP NO PC Warranty with express Advanced Hardware Replacern ent-2 A[-350OA06- EAN 3549GTS NO PC 3549GTS 48 10/100/1000 Limited 06/30/ E6 PORTS 2 SHARED SIP Lifetime 2023 1 SFP+ 2 RE, AR s'rK NO Warranty PC with express Advanced Hardware Replacern ent-2 A[-350OAll- EAN ERS 3 526'r PWR+ NO PC 3526'r PWR+ 24 10/100 Limited 06/30/ E6 POEPORTS 2 Lifetime 2023 10/100/1000/SFP 2 RE, Warranty SIP NO PC with express Advanced Hardware Replacern ent-2 A[-3500Al2- EAN 3556'rPWR+ NO PC 3556'rPWR+ 48 10/100 Limited 06/30/ E6 POEPORTS 2 Lifetime 2023 10/100/1000/SFP 2 Rr Warranty SIP NO PC with express Advanced Hardware Attachment D Page 241 of 471 Page 657 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 242 of 471 Page 658 of 1515 Replacern ent-2 A[ -3500A14- FAN ERS 3 5 1 0G'r PW R+ NO ERS3510G'rPWR+NO Limited E6 PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -3500A15- FAN ERS 3524G,1 PWR+ NO 3524G,1 PWR+ 24 Limited 06/30/ E6 PC 10/100/1000 POE + Lifetime 2023 PC R'rS 4 SIP 2 REAR Warranty SIP NO PC with express Advanced Hardware Replacern ent-2 A[ -3500A16- FAN 3549G,FsPWR+ NO PC 3549G,FsPWR+ 48 Limited 06/30/ E6 10/100/1000 802.3at PoE Lifetime 2023 1 SI P+ 2 RE, AR s'rK NO Warranty PC with express Advanced Hardware Replacern ent-2 AL3511001- FAN ERS 3500 RACK MOUNT 3500 RACK MOUNT I Year E6 KI'r SPARE Warranty AL3511002- FAN ERS 3510 PAIR RACK 3510 PAI R RACK KIT I Year E6 KI'r JOIN 'rwO 3510 Warranty swacHES FOR 19 INCH RACK MN'r AL3511003- FAN ERS 3510 SINGLE RACK 3510 SINGLE RACK I Year E6 KI'r KIrl, ,ro MO(JN'r ONE Warranty 3510 swrrCH IN A19 INCH RACK AL3518001- FAN ERS3500 46CM STACK 350OSSC STACK I Year E6 CABLE CABLE 46CM (1.5F-1) Warranty FOR 3500 SERIES swrrams AL3518002- FAN ERS3500 1.51 s -IACD 350OSSC STACK I Year E6 CABLE CAB LE 1.51 (5F-r)FOR Warranty Attachment D Page 242 of 471 Page 658 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 243 of 471 Page 659 of 1515 3500 SERIES swrram,s AL3518003- FAN ERS3500 31 STACK 350OSSC STACK I Year E6 CABLE CABLE 3M (1017-r) FOR Warranty 3500 SERIES swrram,s AL3600A05- FAN ERS3626GTS NO POWER ERS3626GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL3600A06- FAN ERS3650GTS NO POWER ERS3650GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL3600A15- FAN ERS3626G,FSPWR+ NO ERS3626G,FsPWR+ NO Limited E6 POWERCORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL3600A16- FAN ERS3650G,FSPWR+ NO ERS3650G,FsPWR+ NO Limited E6 POWERCORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -3600E16- FAN ERS3650G,FSPWR+ NO ERS3650G,FsPWR+ NO Limited E6 PC ERA'rE PW R CORD ERA'rE Lifetime ONLY Warranty with Attachment D Page 243 of 471 Page 659 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 244 of 471 Page 660 of 1515 express Advanced Hardware Replacern ent-2 Al -4516001 EAN ERS4500 ADV LIC (I ERS4500 ADVANCED Software s-rAC) I -ICI -,-.NSE KI -r (i Warranty swrrCH s-rACK) AL4518001- IRAN 4500 SSC CABLE 46CM 4500 SSC HIs'rACK I Year E6 (IF -r 51N) CAB LE 46CM (IF I r 51N) Warranty AL4518002- IAN 4500 SSC CABLE I 51 4500 SSC HIs'rACK I Year E6 (5F -r) CAB LE I 5M (5F -r) Warranty AL4518003- IAN 4500 SSC CABLE 31 4500 SSC HIs'rACK I Year E6 (1017-r) CARIE 3M (IO rr Warranty AL4518004- IAN 4500 SSC CABLE 51 4500 SSC HIs'rACK I Year E6 (16F -r 41N) CARIE 5M (16F -r 41N) Warranty A[-4800178-EAN ERS 4850GTS NO PC 4850GTS 48 GIG 2 St P 2 Limited 06/30/ E6 SFP+ POR'rs I 300W Lifetime 2023 NO PC Warranty with express Advanced Hardware Replacern ent-2 A[-4800179-EAN ERS 4826GTS NO PC 4826GTS 24 GIG 2 St P 2 Limited 06/30/ E6 SFP+ PORTS I 30OW Lifetime 2023 NO PC Warranty with express Advanced Hardware Replacern ent-2 A[ -4800A88- IAN ERS 4850G,FsPWR+ NO 4850G,FsPWR+ 48 GIG Limited 06/30/ E6 PC POE 2 St P 2 SFP+ Lifetime 2023 PORTS i 1000W NO PC Warranty with express Advanced Hardware Replacern ent-2 A[ -4800A88- IAN 4850G,rs PWR+ NO PC 4850G,rs POWER PLUS Limited 06/30/ E6GS GSA NO POWI-,".R CORD GSA Lifetime 2023 Warranty Attachment D Page 244 of 471 Page 660 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 245 of 471 Page 661 of 1515 with express Advanced Hardware Replacer ent-2 A[ -4800A89- [SAN ERS 4826G,FsPWR+ NO 4826G,FsPWR+ 24 GIG Limited 06/30/ E6 PC POE 2 SIP 2 SFP+ Lifetime 2023 POR'rs i 1000W NO PC Warranty with express Advanced Hardware Replacer ent-2 A[ -4800A89- [SAN 4826G,rs PWR+ NO PC 4826G,rs POWER PLUS Limited 06/30/ E6GS GSA NO PC WF".R CORD GSA Lifetime 2023 Warranty with express Advanced Hardware Replacer ent-2 A[ -4800E88- [SAN ERS 4850G,FsPWR+ NO 4850G,FsPWR+ 48 GIG Limited 04/08/ E6 PC ERA'rE POE 2 SIP 2 SFP+ Lifetime 2023 POR'rs i 1000W NO Warranty P CORD ERA'rE with ONLY express Advanced Hardware Replacer ent-2 A[ -4800E89- [SAN ERS 4826G,FsPWR+ NO 4826G,FsPWR+ 24 GIG Limited 04/08/ E6 PC ERA'rE POE 2 SIP 2 SFP+ Lifetime 2023 POR'rs i 1000W NO Warranty P CORD ERA'rE with ONLY express Advanced Hardware Replacer ent-2 A[ -4900A01- [SAN ERS4926GTS NO POWER ERS4926GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with Attachment D Page 245 of 471 Page 661 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 246 of 471 Page 662 of 1515 express Advanced Hardware Replacern ent-2 A[ -4900A01- [SAN TAA ERS4926GTS NO ERS4926GTS NO Limited E6GS POWERCORD POWER CORD'rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A02- [SAN ERS4926G,FSPWR+ NO ERS4926G,FsPWR+ NO Limited E6 POWERCORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A02- [SAN TAA ERS4926G,FsPWR+ ERS4926G,FsPWR+ NO Limited E6GS NO POWER CORD POWER CORD'rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A03- [SAN ERS4950GTS NO POWER ERS4950GTS NO Limited E6 CORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A03- [SAN TAA ERS4950GTS NO ERS4950GTS NO Limited E6GS POWERCORD POWER CORD'rAA Lifetime Warranty with express Attachment D Page 246 of 471 Page 662 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 247 of 471 Page 663 of 1515 Advanced Hardware Replacern ent-2 A[ -4900A04- EAN ERS4950G,FSPWR+ NO ERS4950G,FsPWR+ NO Limited E6 POWERCORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A04- EAN TAA ERS4950G,FsPWR+ ERS4950G,FsPWR+ NO Limited E6GS NO POWER CORD POWER CORD'rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900E02- EAN ERS4926G,FSPWR+ NO ERS4926G,FsPWR+ Limited E6 PC ERA'rE BASE SW I -ICI -,".NSE Lifetime 1025W POWER SUPPLY Warranty NO PW R CORD ERA'rE with ONLY express Advanced Hardware Replacern ent-2 A[ -4900E02- EAN ED SPEC 4950G,rs ERS4926G,FsPWR+ NA Limited E6ED RES'rR NA PW R POWER CORD (1-,-.DIJC) Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900E04- EAN ERS4950G,FSPWR+ NO ERS4950G,FsPWR+ Limited E6 PC ERA'rE BASE SW I -ICI -,".NSE Lifetime 1025W POWER SUPPLY Warranty NO PW R CORD ERA'rE with ONLY express Advanced Attachment D Page 247 of 471 Page 663 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 248 of 471 Page 664 of 1515 Hardware Replacern ent-2 A[ -4900E04- FAN ED SPEC 4950G,rsPWR ERS4950G'rsPWR+ NA Limited E6ED RES'rR NA PWR POWER CORD (1-,-.DI1C) Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-59000113- FAN ERS5928GTS DC PSIJ ERS5928GTS 450W DC Limited E6 FANS BACK'rO FRON'r POWER SUPPLY FANS Lifetime BACK'rO FRON'r AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 AL59000117- FAN ERS5928GTS DC PSIJ ERS5928GTS 450W DC Limited E6 FANS FRON'r'rO BACK POWER SUPPLY FANS Lifetime FRON'r'rO BACK AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 A[-59000313- FAN ERS5952GTS DC PSIJ ERS5952GTS 450W DC Limited E6 FANS BACK'rO FRON'r POWER SUPPLY FANS Lifetime BACK'rO FRON'r AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 A[ -590003F- FAN ERS5952GTS DC PSIJ ERS5952GTS 450W DC Limited E6 FANS FRON'r'rO BACK POWER SUPPLY FANS Lifetime FRON'r'rO BACK AIR Warranty FLOW with express Advanced Hardware Attachment D Page 248 of 471 Page 664 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 249 of 471 Page 665 of 1515 Replacern ent-2 A[-59000513- FAN ERS59100GTS DC PSIJ ERS59100GTS 450W DC Limited E6 FANS B'rO F POWER SUPPLY FANS Lifetime BACK'rO FRON'r AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 A[ -590005F- FAN ERS59100GTS DC PSIJ ERS59100GTS 450W DC Limited E6 FANS F'rO B POWER SUPPLY FANS Lifetime FRON'r'rO BACK AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 Al-590OAlB FAN ERS5928GTS 132F 450W ERS5928GTS B21 NO Limited -E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900AIF- FAN ERS5928GTS F213 450W ERS5928GTS F213 NO Limited E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AI -5900A213 FAN ERS5928G,FSPWR+ 132F ERS5928G,FsPWR+ 132F Limited 06/30/ -E6 1400W PSIJ NO PC NO PC Lifetime 2023 Warranty with express Advanced Hardware Attachment D Page 249 of 471 Page 665 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 250 of 471 Page 666 of 1515 Replacern ent-2 A[-5900A2F- )ELAN ERS5928G,FSPWR+ F2B ERS5928G,FsPWR+ F2B Limited 06/30/ E6 1400W PSIJ NO PC NO PC Lifetime 2023 Warranty with express Advanced Hardware Replacern ent-2 Al-5900A3B [SAN ERS5952GTS B2F 450W ERS5952GTS B2F NO Limited -E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A3F- [SAN ERS5952GTS F2B 450W ERS5952GTS F2B NO Limited E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AI-5900A4B [SAN ERS5952G,FSPWR+ B2F ERS5952G,FsPWR+ B2F Limited -E6 1400W PSIJ NO PC NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A4F- [SAN ERS5952G,FSPWR+ F2B ERS5952G,FsPWR+ F2B Limited E6 1400W PSIJ NO PC NO PC Lifetime Warranty with express Advanced Hardware Attachment D Page 250 of 471 Page 666 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 251 of 471 Page 667 of 1515 Replacern ent-2 AI-5900A5B [SAN ERS59100GTS B2F 450W ERS59100GTS B2F NO Limited -E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AI-5900A5B [SAN TAA ERS59100GTS B ERS59100GTS B Limited -E6GS 450W PSIJ NO PC 450W PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A5F- [SAN ERS59100GTS F2B 450W ERS59100GTS F2B NO Limited E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A5F- [SAN TAA ERS59100GTS ITB ERS59100GTS ITB Limited E6GS 450W PSIJ NO PC 450W PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 Al-5900A6B [SAN ERS59100G'rSPWR+B2F ERS59100G,FsPWR+ Limited -E6 1400W PSIJ NO PC B2F NO PC Lifetime Warranty with express Advanced Hardware Attachment D Page 251 of 471 Page 667 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 252 of 471 Page 668 of 1515 Replacern ent-2 Al-5900A6B [SAN 'rAAERS59100G'rsPWR+ ERS59100G,FsPWR+ Limited -E6GS B'rF PSIJ NO PC B'rF PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A6F- [SAN ERS59100G'rSPWR+F2B ERS59100G,FsPWR+ Limited E6 1400W PSIJ NO PC F2B NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A6F- [SAN 'rAAERS59100G'rsPWR+ ERS59100G,FsPWR+ Limited E6GS FrB PSIJ NO PC FrB PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 Al-5900A7B [SAN ERS5928G,rS(JPWR B2F ERS5928G,rs[JPWR B2F Limited -E6 1400W PSIJ NO PC 1400W PSIJ NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 Al-5900A7B [SAN TAA ERS5928G,rS[JPWR ERS5928G,rS[JPWR Limited -E6GS B'rF PSIJ NO PC B'rF PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Attachment D Page 252 of 471 Page 668 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 253 of 471 Page 669 of 1515 Replacern ent-2 A[-5900A7F- )ELAN ERS5928G,rS(JPWR F2B ERS5928G,rs(JPWR F2B Limited E6 1400W PSIJ NO PC 1400W PSIJ NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A7F- [SAN TAA ERS5928G,rS[JPWR ERS5928G,rS[JPWR Limited E6GS FrB PSIJ NO PC Fr[ PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 Al-5900A9B [SAN TAA ERS5928m,rs ERS5928m,rs(JPWR Limited -E6GS 1400W B tot NO PC B2F 1400W PSIJ NO PC Lifetime 'rAA Warranty with express Advanced Hardware Replacern ent-2 A[-5900A9F- [SAN TAA ERS5928m,rs ERS5928m,rs(JPWR Limited E6GS 1400W F'rO B NO PC F2B 1400W PSIJ NO PC Lifetime 'rAA Warranty with express Advanced Hardware Replacern ent-2 A[-5900B'rF [SAN ERS590OB2FFANTRAY ERS5900FANTRAY Limited -E6 Kl'r B2F Lifetime Warranty with express Advanced Hardware Attachment D Page 253 of 471 Page 669 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 254 of 471 Page 670 of 1515 Replacern ent-2 A[-5900EIB- EAN TAA ERS5928GTS B2F TAA ETHERNET Limited E6GS 450W PSIJ NA PC ROu'rING swrrCH Lifetime 5928G,rS 24 10/100/1000 Warranty 4 SI P+ POR'rs with INCLUDES BASE express SOFrWARE LICIHNSE Advanced B2F AIRFLOW 1 450W Hardware PSIJ AA0020074E6 Replacern POWER CORD ent-2 A[-5900EIF- [SAN TAA ERS5928GTS F2B TAA ETHERNET Limited E6GS 450W PSIJ NA PC ROu'rING swrrCH Lifetime 5928G,rS 24 10/100/1000 Warranty 4 SI P+ POR'rs with INCLUDES BASE express SOFrWARE LICIHNSE Advanced F2B AIRFLOW 1 450W Hardware PSIJ AA0020074E6 Replacern POWER CORD ent-2 A[-5900E3B- [SAN TAA ERS5952GTS B2F TAA ETHERNET Limited E6GS 450W PSIJ NA PC ROu'rING swrrCH Lifetime 5952G,rS 48 10/100/1000 Warranty 4 SI P+ POR'rs with INCLUDES BASE express SOFrWARE LICIHNSE Advanced B2F AIRFLOW 1 450W Hardware PSIJ AA0020074E6 Replacern POWER CORD ent-2 A[-5900E3F- [SAN TAA ERS5952GTS F2B TAA ETHERNET Limited E6GS 450W PSIJ NA PC ROu'rING swrrCH Lifetime 5952G,rS 48 10/100/1000 Warranty 4 SI P+ POR'rs with INCLUDES BASE express SOFrWARE LICIHNSE Advanced F2B AIRFLOW 1 450W Hardware PSIJ AA0020074E6 Replacern POWER CORD ent-2 A[-5900E4B- [SAN TAA ERS5952G,FsPWR+ TAA ETHERNET Limited E6GS B2F 1400W NA PC ROu'rING swrrCH Lifetime 5952G,rS 48 10/100/1000 Warranty 802.3A,1 PWR+ 4 SFP+ with POR'rs INCLUDES express BASE SOF'rWARE Advanced LICIHNSE B2F Hardware AIRFLOW 11400 Attachment D Page 254 of 471 Page 670 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 255 of 471 Page 671 of 1515 AA0020108E6 POWER Replacern CORD ent-2 A[-5900E4F- FAN ERS5952GTSPWR+ F2B ERS5952GTsPWR+ Limited E6 140OW NO PC ERA'rE BASE SW I -ICI -,".NSE Lifetime FRON'r'rO BACK Warranty 140OW NO PW R CORD with ERA'rE ONLY express Advanced Hardware Replacern ent-2 A[-5900E4F- FAN FAA ERS5952G,FsPWR+ FAA ETHERNET Limited E6GS F2B 140OW NA PC ROu'rING swrrCH Lifetime 5952G,rS 48 10/100/1000 Warranty 802.3A,r PWR+ 4 SFP+ with PORTS INCLUDES express BASE SOF'rWARE Advanced I -ICI -,".NSE F2B Hardware AIRFLOW I 140OW Replacern AA0020108E6 POWER ent-2 CORD A[-5900E6F- FAN ERS59100G'rSPWR+F2B ERS59100G,FsPWR+ Limited E6 NO PC ERA'rE F2B 140OW NO PC Lifetime ERA'rE ONLY Warranty with express Advanced Hardware Replacern ent-2 A[-5900F'rB FAN ERS5900F2BFAN'rRAY ERS5900FANTRAY Limited -E6 Kl'r F 2 Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL5911001- FAN ERS49005900 FOUR FOUR POST RACK I Year E6 Pos'r RACK MOIJN'r MOIJN'r Kl'r FOR Warranty ERS4900 ERS5900 VSP7000 Attachment D Page 255 of 471 Page 671 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AI-7000AOB EAN VSP 7000 AC PSIJ 132F VSP 7000 AC POWER Limited -E6 NO PC SUPPLY BACK2FRON'r Lifetime COOLING (NO PC) Warranty with express Advanced Hardware Replacern ent AL7000A0E- EAN VSP 7000 AC PSIJ 17213 VSP 7000 AC POWER Limited E6 NO PC SUPPLY FRON'r2BACK Lifetime COOLING (NO PC) Warranty with express Advanced Hardware Replacern ent Al-700OAlB EAN VSP 7000 DC PSIJ 13217 VSP 7000 DC POWER Limited -E6 SUPPLY BACK2FRON'r Lifetime COMING Warranty with express Advanced Hardware Replacern ent A[-7000AIF- EAN VSP 7000 DC PSIJ 17213 VSP 7000 DC POWER Limited E6 SUPPLY FRON'r2BACK Lifetime COMING Warranty with express Advanced Hardware Replacern ent AP505i-FCC Smart AP505iFCC Cloudready Dual Radio Limited OmniEdge 802.11 ax/ac/abgn 4x44 Lifetime Wireless MIMO Indoor I lax Warranty access point. Internal Wing Antenna Domain US Puerto Rico and Colombia AP505i- Smart AP505iFcc,rAA Cloudready Dual Radio Limited FCC-'rAA OmniEdge 802.11 ax/ac/abgn 4x44 Lifetime Wireless MIMO Indoor I lax Warranty access point. Internal Wing Attachment D Page 256 of 471 Page 672 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 257 of 471 Page 673 of 1515 Antenna Domain ITS Puerto Rico and Colombia 'rAA Compliant AP505i-WR Smart AP505iWR Cloudready Dual Radio Limited OmniEdge 802.11 ax/ac/abgn 4x44 Lifetime Wireless MIMO Indoor I I ax Warranty access point. Internal Wing AntennaDomain IHMEA and Rest Of World AP510e-FCC Smart AP510eFCC Cloudready Dual 5G1-Iz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point with external antenna ports. Domain US Puerto Rico and Colombia. AP510e- Smart AP510eFcc'rAA Cloudready Dual 5G1-Iz Limited FCC-'rAA OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point with external antenna ports. Domain US Puerto Rico and Colombia'rAA Compliant. AP510e-WR Smart AP510eWR Cloudready Dual 5G1-Iz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point with external antenna ports. Domain IHMEA and Rest Of World. AP510i-FCC Smart AP510iFCC Cloudready Dual 5G1-Iz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point. Internal Antenna Domain ITS Puerto Rico and Colombia Attachment D Page 257 of 471 Page 673 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP510i- Smart AP510iFcc'rAA Cloudready Dual 5G1-Iz Limited FCC-'rAA OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point. Internal Antenna Domain ITS Puerto Rico and Colombia . 'rAA Comp] i ant AP510i-WR Smart AP510iWR Cloudready Dual 5G1-Iz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point. Internal Antenna Domain EMI -,".A and Rest Of World AP560h- Smart AP560hFCC Cloudready Dual 5G1-Iz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal 30deg/70deg Panel Antenna Domain US and Colombia AP560h-WR Smart AP560hWR Cloudready Dual 5G1-Iz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal 30deg/70deg Panel Antenna Domain Canada IHMEA and Singapore AP560i-FCC Smart AP560iFCC Cloudready Dual 5G1-Iz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna Domain US and Colombia AP560i-WR Smart AP560iWR Cloudready Dual 5G1-Iz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio Attachment D Page 258 of 471 Page 674 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 259 of 471 Page 675 of 1515 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna Domain Canada E".MEA and Singapore AP560m- Smart AP560mFCC Cloudready Dual 5G1-Iz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna + Mounting Kit (p/n K' 14740702) Domain US and Colombia AP560t-FCC Smart AP560tFCC Cloudready Dual 5G1-Iz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal 30deg/70deg Panel Antenna + Mounting Kit (p/n 30520 WSM130POI-EOI MBOAR'r02) Domain US and Colombia AP560u- Smart AP560uFCC Cloudready Dual 5G1-Iz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna + Underseat Mounting Kit (p/n 30524 WSE1002 E1003) Domain US and Colombia AP -6511- WING AP6511 802.1 IN AP6511 802.1 IN Limited 07/13/ 60010-EIJ Wireless Eruir,,RNE'r ErHERNE'r Lifetime 2022 WA L L P u WAI,[-P[-A,rEEIJ Warranty Wing AP -6511- WING AP6511 802.1 IN AP6511 802.1 IN Limited 03/01/ 60010 -WR Wireless Eruir,,RNE'r ErHERNE'r Lifetime 2021 WAI-I-P[-A,rE WR WAI,[-P[-A,rE WR Warranty Wing Attachment D Page 259 of 471 Page 675 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP651 IE- WiNG AP 6511 EXPRESS AP 6511 EXPRESS Limited 04/13/ 60010- Wireless 802.1 IN AP IN'r AN'r WR 802.1 IN AP IN'r AN'r Lifetime 2022 APME WR Warranty Wing AP -651 IE- WING AP6511 11N E'rPTRNE'r AP6511 11N ETHERNET Limited 07/13/ 60010-EIJ Wireless WALLPLA'm AP EU WAI,[-P[-A,rE AP EU Lifetime 2022 ONLY Warranty Wing AP -651 IE- WING AP6511 11N E'rPTRNE'r AP6511 11N ETHERNET Limited 04/13/ 60010 -WR Wireless WALLPLA'm AP WR WAI,[-P[-A,rE AP WR Lifetime 2022 ONLY Warranty Wing AP -6521- WiNG AP6521802.1 IN INDEP AP6521802.1 IN INDEP Limited 04/13/ 60010-EIJ Wireless I RAD IN'r AN'r EU I RAD IN'r AN'r EU Lifetime 2022 Warranty Wing AP -6521- WiNG AP6521802.1 IN INDEP AP6521802.1 IN INDEP Limited 04/13/ 60010-11- Wireless I RAD IN'rAN'r u- I RAD IN'r AN'r I I- Lifetime 2022 Warranty Wing AP -6521- WiNG AP6521 802.1 IN SNGL 802.1 IN INDEP1-,".ND1-,".N'r Limited 07/13/ 60010 -US Wireless RADIO IN'r AN'r us ACCESS POIN'r Lifetime 2022 SINGLE RADIO Warranty IN'rERNAL AN'ri-,".NNA Wing VERSION. AP -6521- WiNG AP6521 802.1 IN SNGL 802.1 IN INDEP1-,".ND1-,".N'r Limited 04/13/ 60010 -WR Wireless RADIO IN'r AN'r WR ACCESS POIN'r Lifetime 2022 SINGLE RADIO Warranty IN'rERNAL AN'ri-,".NNA Wing VERSION. AP -6521- WiNG AP6521802.1 IN INDEP AP6521802.1 IN INDEP Limited 04/13/ 60020-EIJ Wireless I RAD EX'r AN'rE(J I RAD EX'r AN'rE(J Lifetime 2022 Warranty Wing AP -6521- WiNG AP6521 802.1 IN SNGL 802.1 IN INDEP1-,".ND1-,".N'r Limited 07/13/ 60020 -US Wireless RADIO EX'r AN'r us ACCESS POIN'r Lifetime 2022 SINGLE RADIO Warranty EX'rERNAI, AN'ri-,".NNA Wing VERSION. AP -6521- WiNG AP6521 802.1 IN SNGL 802.1 IN INDEP1-,".ND1-,".N'r Limited 04/13/ 60020 -WR Wireless RADIO EX'r AN'r WR ACCESS POIN'r Lifetime 2022 SINGLE RADIO Warranty EX'rERNAI, AN'ri-,".NNA Wing VERSION. Attachment D Page 260 of 471 Page 676 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP6521E- WiNG AP 6521 EXPRESS AP 6521 EXPRESS Limited 04/13/ 60010- Wireless 802.1 IN AP IN'r AN'r WR 802.1 IN AP IN'r AN'r Lifetime 2022 APIA, WR Warranty Wing AP -6521E- WiNG AP6521 I IN INTERNAL AP6521 I IN INTERNAL Limited 04/13/ 60010-EIJ Wireless AN'rAP I RADIO EIJ AN'ri-,".NNA AP I RADIO Lifetime 2022 EU ONLY Warranty Wing AP -6521E- WiNG AP6521 I IN INTERNAL AP6521 I IN INTERNAL Limited 04/13/ 60010 -US Wireless AN'rAP I RADIO US AN'ri-,".NNA AP I RADIO Lifetime 2022 US ONLY Warranty Wing AP -6521E- WiNG AP6521 I IN INTERNAL AP6521 I IN INTERNAL Limited 04/13/ 60010 -WR Wireless AN'rAP I RADIO WR AN'ri-,".NNA AP I RADIO Lifetime 2022 WR ONLY Warranty Wing AP6521E- WiNG AP 6521 EXPRESS AP 6521 EXPRESS Limited 07/13/ 60020- Wireless 802.1 IN AP EX'r AN'r 802.1 IN AP EX'r AN'r Lifetime 2022 APIA, WR WR Warranty Wing AP -6521E- WiNG AP6521 I IN EXTERNAL AP6521 I IN Limited 04/13/ 60020-EIJ Wireless AN'rAP I RADIO EIJ EX'rERNAI, AN'ri-,".NNA Lifetime 2022 AP I RADIO EIJ ONLY Warranty Wing AP -6521E- WiNG AP6521 I IN EXTERNAL AP6521 I IN Limited 04/13/ 60020 -US Wireless AN'rAP I RADIO US EX'rERNAI, AN'ri-,".NNA Lifetime 2022 AP I RADIO US ONLY Warranty Wing AP -6521E- WiNG AP6521 I IN EXTERNAL AP6521 I IN Limited 04/13/ 60020 -WR Wireless AN'rAP I RADIO WR EX'rERNAI, AN'ri-,".NNA Lifetime 2022 AP I RADIO WR ONLY Warranty Wing AP -6522- WiNG PORTABLE AP US PORTABLE AP US I Year 01/31/ 66003P-I1S Wireless BA'r'rERY POWERED BA'r'rERY POWERED Warranty 2024 Wing AP -6522- WiNG PORTABLE AP US PORTABLE AP US I Year 04/29/ 66003 PW- Wireless BA'r'rERY POWERED BA'r'rERY POWERED Warranty 2024 (is cus'rom cus'rom Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030-EIJ Wireless 2RAD IN'r AN'rE(J 2RAD IN'r AN'rE(J Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030-11- Wireless 2RAD IN'r AN'r u- 2RAD IN'r AN'r ii- Lifetime 2023 Warranty Wing Attachment D Page 261 of 471 Page 677 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030 -US Wireless 2RAD IN'r AN'r 2RAD IN'r AN'r Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030 -WR Wireless 2RAD IN'r AN'r 2RAD IN'r AN'r Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66040-EIJ Wireless 2RAD EX'r AN'rE(J 2RAD EX'r AN'rE(J Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66040 -US Wireless 2RAD EX'r AN'r 2RAD EX'r AN'r Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66040 -WR Wireless 2RAD EX'r AN'r 2RAD EX'r AN'r Lifetime 2023 Warranty Wing AP6522E- WiNG AP 6522 EXPRESS AP 6522 EXPRESS Limited 03/30/ 66030- Wireless 802.1 IN APIN'r AN'r WR 802.1 IN AP IN'r AN'r Lifetime 2023 APME WR Warranty Wing AP -6522E- WiNG AP6522 I IN INTERNAL AP6522 I IN INTERNAL Limited 03/30/ 66030-EIJ Wireless AN'rAP 2 RADIO EIJ AN'ri-,".NNA AP 2 RADIO Lifetime 2023 EU ONLY Warranty Wing AP -6522E- WiNG AP6522 I IN INTERNAL AP6522 I IN INTERNAL Limited 03/30/ 66030 -US Wireless AN'rAP 2 RADIO US AN'ri-,".NNA AP 2 RADIO Lifetime 2023 US ONLY Warranty Wing AP -6522E- WiNG AP6522 I IN INTERNAL AP6522 I IN INTERNAL Limited 03/30/ 66030 -WR Wireless AN'rAP 2 RADIO WR AN'ri-,".NNA AP 2 RADIO Lifetime 2023 WR ONLY Warranty Wing AP6522E- WiNG AP 6522 EXPRESS AP 6522 EXPRESS Limited 03/30/ 66040- Wireless 802.1 IN AP EX'r AN'r 802.1 IN AP EX'r AN'r Lifetime 2023 APME WR WR Warranty Wing AP -6522E- WiNG AP6522 I IN EXTERNAL AP6522 I IN Limited 03/30/ 66040-EIJ Wireless AN'rAP 2 RADIO EIJ EX'rERNAI, AN'ri-,".NNA Lifetime 2023 AP 2 RADIO EIJ ONLY Warranty Wing Attachment D Page 262 of 471 Page 678 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -6522E- WING AP6522 I IN EXTERNAL AP6522 I IN Limited 03/30/ 66040 -US Wireless AN'rAP 2 RADIO US EX'rERNAI, AN'ri-,".NNA Lifetime 2023 AP 2 RADIO US ONLY Warranty Wing AP -6522E- WING AP6522 I IN EXTERNAL AP6522 I IN Limited 03/30/ 66040 -WR Wireless AN'rAP 2 RADIO WR EX'rERNAI. AN'ri-,".NNA Lifetime 2023 AP 2 RADIO WR ONLY Warranty Wing AP -6522- WiNG AP6522 EXT ANTNX9000 AP 6522 EXT Limited 03/30/ WM-Mx- Wireless uccoRD AN'r AN'ri-,".NNA wim Lifetime 2023 F RZ NX9000 LIC POE AC Warranty LINE CORD AND Wing MI-24521-IPA61 6072 AN'ri-,".ITA AP -6532- WiNG AP6532802.1 IN INDEP AP6532802.1 IN INDEP Limited 04/13/ 66030 -WR Wireless 2RADIO IN'r AN'r 2RADIO IN'r AN'r Lifetime 2022 Warranty Wing AP -6532- WiNG AP6532802.1 IN INDEP AP6532802.1 IN INDEP Limited 04/13/ 66040 -WR Wireless 2RADIO EX'r AN'r 2RADIO EX'r AN'r Lifetime 2022 Warranty Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66030-EIJ Wireless 802.1 IN AP IN'r AN'r EU 802.1 IN AP IN'r AN'r Warranty 2023 EU Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66030-11- Wireless 802.1 IN AP IN'r AN'r 11- 802.1 IN AP IN'r AN'r ii- Warranty 2023 Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66030 -US Wireless 802.1 IN AP IN'r AN'r us 802.1 IN AP IN'r AN'r Warranty 2023 (is Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66030 -WR Wireless 802.1 IN AP IN'r AN'r WR 802.1 IN AP IN'r AN'r Warranty 2023 WR Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66040-EIJ Wireless 802.11 N AP EX'r AN'r EU 802.11 N AP EX'r AN'r Warranty 2023 EU Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66040 -US Wireless 802.1 IN AP EX'r AN'r us 802.1 IN AP EX'r AN'r Warranty 2023 (is Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66040 -WR Wireless 802.11N AP EX'r AN'r 802.11N AP EX'r AN'r Warranty 2023 WR WR Wing AP -6562- WiNG AP6562 802.1 IN ACCESS I Year 03/30/ 6604J-11- Wireless ou'rDOOR EX'r AN'r ii- POIN'rAP6562Ou'rDOO Warranty 2023 Wing Attachment D Page 263 of 471 Page 679 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 264 of 471 Page 680 of 1515 R 802.1 IN AP EXT ANT IL AP6562E- WiNG AP 6562 EXPRESS AP 6562 EXPRESS I Year 03/30/ 66030- Wireless 802.1 IN AP IN'r AN'r WR 802.1 IN AP IN'r AN'r Warranty 2023 APME WR Wing AP -6562E- WiNG AP6562 I IN INT ANT AP6562 I IN INT ANT I Year 03/30/ 66030-EI1 Wireless Our AP 2 RADIO EU ou'rDOOR AP 2 RADIO Warranty 2023 EU ONLY Wing AP -6562E- WiNG AP6562 I IN INT ANT AP6562 I IN INT ANT I Year 03/30/ 66030 -US Wireless Our AP 2 RADIO US ou'rDOOR AP 2 RADIO Warranty 2023 US ONLY Wing AP -6562E- WiNG AP6562 I IN INT ANT AP6562 I IN INT ANT I Year 03/30/ 66030 -WR Wireless Our AP 2 RADIO WR ou'rDOOR AP 2 RADIO Warranty 2023 WR ONLY Wing AP6562E- WiNG AP 6562 EXPRESS AP 6562 EXPRESS I Year 03/30/ 66040- Wireless 802.1 IN AP EX'r AN'r 802.1 IN AP EX'r AN'r Warranty 2023 APME WR WR Wing AP -6562E- WiNG AP6562 I IN EXT ANT AP6562 I IN EXT ANT I Year 03/30/ 66040-EI1 Wireless Our AP 2 RADIO EU ou'rDOOR AP 2 RADIO Warranty 2023 EU ONLY Wing AP -6562E- WiNG AP6562 I IN EXT ANT AP6562 I IN EXT ANT I Year 03/30/ 66040 -US Wireless Our AP 2 RADIO US ou'rDOOR AP 2 RADIO Warranty 2023 US ONLY Wing AP -6562E- WiNG AP6562 I IN EXT ANT AP6562 I IN EXT ANT I Year 03/30/ 66040 -WR Wireless Our AP 2 RADIO WR ou'rDOOR AP 2 RADIO Warranty 2023 WR ONLY Wing AP -7161- WiNG AP716iou'rDOOR AP71616FFDOOR I Year 03/01/ 66040 -WR Wireless 802.1 IN AP IN'ri- 802.1 IN AP IN'ri- Warranty 2021 Wing AP -7161- WiNG AP7161 Our 802.1 IN AP7161 ou'rDOOR I Year 03/01/ 66540 -JP Wireless 802.1 IJ W SENSOR JP DUAL RADIO 802.1 IN Warranty 2021 AND 802.1 IJ wim Wing SENSOR FOR JAPAN ONLY (JP) AP -7161- WING AP716iou'rDOOR AP71616FFDOOR I Year 03/01/ 66540 -WR Wireless 802.1 IN AP W/SIH.NSOR 802.1 IN AP W/SIH.NSOR Warranty 2021 IN'ri- IN'ri- Wing AP -7502- WING AP 7502 WAPLATE AP 7502 WALLPLATE Limited 03/30/ 67030- Wireless I IAC AP IN'r AN'r APME 802.1 IAC AP IN'r AN'r Lifetime 2023 APME AP MIH, Warranty Wing AP -7502- WING WALLPLATE 802.1 IAC WALLPLATE 802.1 IAC Limited 03/30/ 67030-EIJ Wireless DUAL RADIO AP. EU DUAL RADIO AP. EU Lifetime 2023 Warranty Wing Attachment D Page 264 of 471 Page 680 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7502- WiNG WALLPLATE WALLPLATE Limited 03/30/ 67030-11- Wireless 802.1 lABGN/AC AP 802.1 lABGN/AC DUAL Lifetime 2023 wi,rH,r RIM IL RADIO AP wim Warranty AES'rH'rE'ric'rRIM. Wing ISRAEL AP -7502- WiNG WALLPLATE 802.1 IAC WALLPLATE 802.1 IAC Limited 67030 -US Wireless DUAL RADIO AP. US DUAL RADIO AP. US Lifetime Warranty Wing AP -7502- WING WALLPLATE 802.1 IAC WALLPLATE 802.1 IAC Limited 03/30/ 67030 -WR Wireless DUAL RADIO AP WR DUAL RADIO AP WR Lifetime 2023 Warranty Wing AP7502E- WiNG AP7502 EXPRESS AP 7502 EXPRESS Limited 03/30/ 67030- Wireless 802.1 1AC IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 AP IA, APME AP ME Warranty Wing AP -7502E- WiNG WALLPLATE DUAL WALLPLATE DUAL Limited 03/30/ 67030-EIJ Wireless RADIO I IAC. EXPRESS. RADIO I I AC. Lifetime 2023 EU EXPRESS. EU Warranty Wing AP -7502E- WiNG WALLPLATE DUAL WALLPLATE DUAL Limited 03/30/ 67030 -US Wireless RADIO I IAC. EXPRESS. RADIO I I AC. Lifetime 2023 (is EXPRESS. US Warranty Wing AP -7502E- WiNG WALLPLATE DUAL WALLPLATE DUAL Limited 03/30/ 67030 -WR Wireless RADIO I IAC. EXPRESS. RADIO I I AC. Lifetime 2023 WR EXPRESS. WR Warranty Wing AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 67030 -1 -WR Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime WR WR Extreme Warranty Wing AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67030-EIJ Wireless 802.1 1AC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 EU EU Warranty Wing AP -7522- WiNG AP7522 2RADIO AP 7522 DUAL RADIO Limited 03/30/ 67030-E(J-B Wireless 802.1 IAC IN'rE(J 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (1-,-,(1 SKU). INCLUDED IN K1'r IS A AP 7522 BEAM C I I P Attachment D Page 265 of 471 Page 681 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 67030 -US Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime (is (is Warranty Wing AP -7522- WING AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67030 -(JS -B Wireless 2X22 MIMO IN'r AN'r us 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (US SKU). INCLUDED IN KI'r IS AN AP 7522 BEAM C I I P AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67030 -WR Wireless 802.1 1AC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 WR WR Warranty Wing AP -7522- WING AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67030 -WR -B Wireless 2X22 MIMO IN'r AN'r 802.1 1AC 2X22 MIMO Lifetime 2022 WR ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (WR SKU). INCLUDED IN KI'r IS AN AP 7522 BEAM C I I P AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 67040 -1 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime WR WR Extreme Warranty Wing AP -7522- WiNG AP7522 INDOOR AP 7522 INDOOR Limited 04/02/ 67040- Wireless 802.1 1AC EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 APME APME AP MF", Warranty Wing AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67040-EIJ Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 EU EU Warranty Wing AP -7522- WiNG AP7522 2 RADIO AP 7522 DUAL RADIO Limited 03/30/ 67040-E(J-B Wireless 802.1 IAC EX'r AN'rE(J 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (1-,-,(J SKU). -rum, AN'ri-,".NNAS ON AP 7522 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA PORTS. AP 7522 EX'rERNAI, SKU Attachment D Page 266 of 471 Page 682 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 267 of 471 Page 683 of 1515 REQUIRES 3 DUAL BANDED AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 67040 -US Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime (is (is Warranty Wing AP -7522- WING AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67040 -(JS -B Wireless 2X22 MIMO EX'r AN'r tis 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (US SKU). -rum, AN'ri-,".NNAS ON AP 7522 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA PORTS. AP 7522 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED INCLUDED IN KI'r is AN AP 7522 BEAM C LI P AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67040 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 WR WR Warranty Wing AP -7522- WING AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67040 -WR -B Wireless 2X22 MIMO EX'r AN'r 802.1 1AC 2X22 MIMO Lifetime 2022 WR ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (WR SKU). -rum, AN'ri-,".NNAS ON AP 7522 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA PORTS. AP 7522 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED. INCLUDED IN KI'r is AN AP 7522 BEAM C LI P AP7522E- WiNG AP7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030- Wireless 802.1 1AC IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 APME APME AP MIH, Warranty Wing Attachment D Page 267 of 471 Page 683 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7522E- WING AP7522E DUAL I IAC AP 7522E DUAL RADIO Limited 04/17/ 67030-EIJ Wireless 2X22 MIMO IN'r AN'rE(J 802.1 1AC 2X22 MIMO Lifetime 2023 ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (1-,-,(1 SK(J) WING EXPRESS AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030 -US Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 (is (is Warranty Wing AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030 -WR Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 WR WR Warranty Wing AP7522E- WiNG AP7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67040- Wireless 802.1 1AC EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 APME APME AP MF", Warranty Wing AP -7522E- WING AP7522E DUAL I IAC AP 7522E DUAL RADIO Limited 04/17/ 67040-EIJ Wireless 2X22 MIMO EX'r AN'r 802.1 1AC 2X22 MIMO Lifetime 2023 EU ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (1-,-,(1 SK(J) WING EXPRESS AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67040 -US Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 (is (is Warranty Wing AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67040 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 WR WR Warranty Wing AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67030 -1 -WR Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime WR WR Extreme Warranty Wing AP -7532- WiNG AP7532 INDOOR AP 7532 INDOOR Limited 04/02/ 67030- Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 APME APME AP MF", Warranty Wing AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67030 -EG Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime EG Domain Egypt Warranty Wing Attachment D Page 268 of 471 Page 684 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67030-EIJ Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 EU EU Warranty Wing AP -7532- WiNG AP7532 2 RADIO AP 7532 DUAL RADIO Limited 03/30/ 67030-E(J-B Wireless 802.1 IAC IN'r AN'rE(J 802.1 IAC 3X33 MIMO Lifetime 2022 ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (1-,-,(1 SK(J) INCLUDED IN KI'r IS A AP 7532 BEAM C LI P AP -7532- WING AP7532 DUAL RADIO AP 7532 DUAL RADIO Limited 67030-11- Wireless I IAC IN'r AN'r I 1- 802.1 IAC 3X33 MIMO Lifetime ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (ISRAEL SK(J) AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67030 -US Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime (is (is Warranty Wing AP -7532- WING AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 67030 -(JS -B Wireless 3X33 MIMO IN'r AN'r us 802.1 IAC 3X33 MIMO Lifetime ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (US SK(J) INCLUDED IN KI'r IS AN AP 7532 BEAM C LI P AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67030 -WR Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 WR WR Warranty Wing AP -7532- WING AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 03/30/ 67030 -WR -B Wireless 3X33 MIMO IN'r AN'r 802.1 IAC 3X33 MIMO Lifetime 2022 WR ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (WR SK(J) INCLUDED IN KI'r IS AN AP 7532 BEAM C LI P AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67040 -1 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime WR WR Extreme Warranty Wing AP -7532- WiNG AP7532 INDOOR AP 7532 INDOOR Limited 04/02/ 67040- Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 APME APME AP MF", Warranty Wing Attachment D Page 269 of 471 Page 685 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67040 -EG Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP IN'r AN'r iifetime EG Domain Egypt Warranty Wing AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67040-EIJ Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 EU EU Warranty Wing AP -7532- WiNG AP 7532 DUAL RADIO AP 7532 DUAL RADIO Limited 03/30/ 67040-E(J-B Wireless 802.1 IAC EX'r AN'rE(J 802.1 IAC 3X33 MIMO Lifetime 2022 ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (1-,-,(J SKU). -rum, AN'ri-,".NNAS ON AP 7532 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA PORTS. AP 7532 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67040 -US Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime (is (is Warranty Wing AP -7532- WING AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 67040 -(JS -B Wireless 3X33 MIMO EX'r AN'r tis 802.1 IAC 3X33 MIMO Lifetime ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (US SKU). -rum, AN'ri-,".NNAS ON AP 7532 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA PORTS. AP 7532 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED INCLUDED IN KI'r is AN AP 7532 BEAM C LI P AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67040 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 WR WR Warranty Wing Attachment D Page 270 of 471 Page 686 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7532- WING AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 03/30/ 67040 -WR -B Wireless 3X33 MIMO EX'r AN'r 802.1 IAC 3X33 MIMO Lifetime 2022 WR ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (WR SKU). -rum, AN'ri-,".NNAS ON AP 7532 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA POR' S. AP 7532 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED. INCLUDED IN KI' r is AN AP 7532 BEAM C LI P AP -7562- WING AP7562 ou'rDOOR AP 7562 DUAL RADIO I Year 670042-1- Wireless mimo AN'r INs'rAII-ED 802.1 IAC 3X33 MIMO Warranty WR WR ou'rDOOR ACCESS Wing POIN'r AN'ri-,".NNA INs'rALLED A'r FAC'rORY WR Extreme AP -7562- WiNG AP7562 DUAL RADIO AP 7562 DUAL RADIO I Year 04/02/ 670042AP1 Wireless 802.1 IAC 3X33MIMO 802.1 IAC 3X33 MIMO Warranty 2023 E Our ou'rDOOR ACCESS Wing POIN'r AN'ri-,".NNA (APME RE, ,ION) AN'ri-,".NNA INs'rALLED A'r FAC'rORY AP -7562- WiNG AP7562 ou'FDOOR AP 7562 DUAL RADIO I Year 07/28/ 670042-EI1 Wireless mimo AN'r INs'rAII-ED 802.1 IAC 3X33 MIMO Warranty 2023 EU ou'rDOOR ACCESS Wing POIN'r AN'ri-,".NNA INs'rALLED A'r FAc'rORY EIJ AP -7562- WiNG AP7562 ou'FDOOR AP 7562 DUAL RADIO I Year 670042-11- Wireless mimo AN'r INs'rAII-ED 802.1 IAC 3X33 MIMO Warranty IL ou'rDOOR ACCESS Wing POIN'r AN'ri-,".NNA INs'rALLED A'r FAC-rORY IL (ISRAEL) AP -7562- WiNG AP7562 ou'FDOOR AP 7562 DUAL RADIO I Year 670042 -US Wireless mimo AN'r INs'rAII-ED 802.1 IAC 3X33 MIMO Warranty (is ou'rDOOR ACCESS Wing POIN'r AN'ri-,".NNA INs'rALLED A'r FAC'rORY US Attachment D Page 271 of 471 Page 687 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7562- WiNG AP7562 ou'rDOOR AP 7562 DUAL RADIO I Year 07/28/ 670042 -WR Wireless mimo AN'r INs'rALLED 802.1 IAC 3X33 MIMO Warranty 2023 WR ou'rDOOR ACCESS Wing POINT AN'ri-,".NNA INs'rALLED A'r FAC'rORY WR AP -7562- WiNG AP7562 802.1 IAC Our 802.1 IAC ou'rDOOR I Year 67040 -1 -WR Wireless DI. RADIO EX'r AN'r WR IP67 DUAL RADIO Warranty EX'rERNAI, Wing AN'ri-,".NNAS WR Extreme AP -7562- WiNG AP7562 802.1 IAC Our 802.1 IAC ou'rDOOR I Year 07/28/ 67040-EI1 Wireless DI. RADIO EX'r AN'r EU IP67 DUAL RADIO Warranty 2023 EX'rERNAI, Wing AN'ri-,".NNAS EU AP -7562- WiNG AP7562 802.1 IAC Our 802.1 IAC ou'rDOOR I Year 67040 -US Wireless DI. RADIO EX'r AN'r us IP67 DUAL RADIO Warranty EX'rERNAI, Wing AN'ri-,".NNAS US AP -7562- WiNG AP7562 802.1 IAC Our 802.1 IAC ou'rDOOR I Year 07/28/ 67040 -WR Wireless DI. RADIO EX'r AN'r WR IP67 DUAL RADIO Warranty 2023 EX'rERNAI, Wing AN'ri-,".NNAS WR AP -7562- WiNG AP7562 DUAL I IAC Our AP 7562 DUAL RADIO I Year 67041 -1- Wireless EX'r AN'r 1 12 WR 802.1 IAC 3X33 MIMO Warranty WR ou'rDOOR ACCESS Wing POIN'r EX'rERNAL AN-ri-,-.NNA (WR SKIJ) 1 12 CONNEC'rOR VERSION Extreme AP -7562- WING AP7562 DUAL I IAC Our AP 7562 DUAL RADIO I Year 07/28/ 67041 -E[1 Wireless EX'r AN'r EU 1 12 802.1 IAC 3X33 MIMO Warranty 2023 ou'rDOOR ACCESS Wing POIN'r EX'rERNAI- AN-ri-,-.NNA (EIJ SIS I1} 1 12 CONNEC'rOR VERSION AP -7562- WiNG AP7562 DUAL I IAC Our AP 7562 DUAL RADIO I Year 67041 -I1S Wireless EX'r AN'r US 1 12 802.1 IAC 3X33 MIMO Warranty ou'rDOOR ACCESS Wing POIN'r EX'rERNAI- AN-ri-,-.NNA (IJS SKIJ) 1 12 CONNEC'rOR VERSION Attachment D Page 272 of 471 Page 688 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7562- WiNG AP7562 DUAL 802.1 IAC AP 7562 DUAL RADIO I Year 07/28/ 67041 -WR Wireless 3X33mimo Our 1 12 802.1 IAC 3X33 MIMO Warranty 2023 ou'rDOOR ACCESS Wing POIN'r EX'rERNAI- AN-ri-,-.NNA (WR SKIJ) 1 12 CONNEC'rOR VERSION AP -7602- WING AP7602 802.1 IAC PLATE 802.1 IAC WAPLATE Limited 681330 -1 -WR Wireless WIC DG1-,".IN'r AN'r WR WI GIH, AP DUAL AND Lifetime RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing IN'rERNAL AN'ri-,".N IXCII-,-.(WR SK(J) Extreme AP -7602- WING AP7602 802.1 IAC PLATE 802.1 IAC WAPLATE Limited 07/28/ 681330-E(J Wireless WIC DG1-,".IN'r AN'r EU WI GIH, AP DUAL AND Lifetime 2023 RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing IN'rERNAL AN'ri-,".N IXCII-,-.(E[J SKIJ) AP -7602- WING AP7602 802.1 IAC PLATE AP7602 802.11 AC Limited 681330-11- Wireless WIC DG1-,".IN'r AN'r ii- PLATE WEDG1-,".IN'r Lifetime AN'r Domain Israel Warranty Wing AP -7602- WING AP7602 802.1 IAC PLATE 802.1 IAC WAPLATE Limited 681330 -(JS Wireless WIC DG1-,".IN'r AN'r us WI GIH, AP DUAL AND Lifetime RADIO IXI OR SINGLE Warranty BAND RADIO Wing 2X2.IN'rERNAI, AN-ri-,-.N-,-. ([JS SIS IJ) AP -7602- WING AP7602 802.1 IAC PLATE 802.1 IAC WAPLATE Limited 07/28/ 681330 -WR Wireless WIC DG1-,".IN'r AN'r WR WI GIH, AP DUAL AND Lifetime 2023 RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing IN'rERNAL AN'ri-,".NNA IXCII-,-.(WIZ. SK(J) AP -7622- WING AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 681330 -1 -WR Wireless DI-/SNG IN'r AN'r IXGE RADIO IXI OR Lifetime WR SINGLE BAND RADIO Warranty 2X21 'rERNAI, Wing AN'ri-,".NNA B LE I XCIF,", (WR SK(J) Extreme AP -7622- WING AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 07/28/ 681330-E(J Wireless DI-/SNG IN'r AN'r IXGE RADIO IXI OR Lifetime 2023 EU SINGLE BAND RADIO Attachment D Page 273 of 471 Page 689 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 274 of 471 Page 690 of 1515 2X2 INTERNAL Warranty AN'rE".NNA B LE I XCIE", Wing (1-,-,(1 SK(J) AP -7622- WiNG AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 68B30 -(1S Wireless DI-/SNG IN'r AN'r IXGE RADIO IXI OR Lifetime (is SINGLE BAND RADIO Warranty 2X21 'rERNAI, Wing AN'ri-,",ITA B LE I XCIE", [1S SK (J) AP -7622- WiNG AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 07/28/ 681330 -WR Wireless DI-/SNG IN'r AN'r IXGE RADIO IXI OR Lifetime 2023 WR SINGLE BAND RADIO Warranty 2X21 'rERNAI, Wing AN'ri-,",ITA B LE I XCIE", (WR SK(J) AP -7632- WING AP763268OB30'rN WING 802.11 ac Indoor Limited 6801330-'rN Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgn internal Wing antenna Domain 'runisia AP -8122- WiNG AP8122 INDOOR 802.1 IN AP8122 INDOOR Limited 04/13/ 66030-EIJ Wireless AP IN'r AN'r EU 802.1 IN AP IN'r AN'r Lifetime 2022 EU Warranty Wing AP -8132- WiNG AP8132 2RADIO 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040-EIJ Wireless MIMOEIJ MIMOEIJ Lifetime 2022 Warranty Wing AP -8132- WiNG AP8132 2RADIO 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040 -US Wireless MIMOUS MIMOUS Lifetime 2022 Warranty Wing AP -8132- WiNG AP8132 2RADIO 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040 -WR Wireless MIMOWR MIMOWR Lifetime 2022 Warranty Wing AP -8163- WiNG AP8163 ou'rDOOR AP8163 ou'rDOOR I Year 66540 -1 -WR Wireless 802.1 IN AP EX'rwips 802.1 IN AP EX'rERNAI- Warranty WR AN'ri-,".N WR Wing Extreme AP -8163- WiNG AP8163 ou'rDOOR AP8163 ou'rDOOR I Year 07/28/ 66540-EIJ Wireless 802.1 IN AP EX,rwiPS EU 802.1 IN AP EX'rwips Warranty 2023 EU Wing AP -8163- WiNG AP8163 ou'FDOOR AP8163 ou'FDOOR I Year 66540-(1S Wireless 802.1 IN AP EX'rwips us 802.1 IN AP EX'rwips Warranty (is Wing Attachment D Page 274 of 471 Page 690 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -8163- WiNG AP8163 ou'rDOOR AP8163 ou'rDOOR I Year 07/28/ 66540 -WR Wireless 802.11N AP EX'rwips 802.11N AP EX'rwips Warranty 2023 WR WR Wing AP -8232- WING AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040-EIJ Wireless 2RAD EX'r AN'r EU 2RAD EX'r AN'r EU Lifetime 2022 Warranty Wing AP -8232- WING AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040 -US Wireless 2RAD EX'r AN'r us 2RAD EX'r AN'r us Lifetime 2022 Warranty Wing AP -8232- WING AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040 -WR Wireless 2RAD EX'r AN'r WR 2RAD EX'r AN'r WR Lifetime 2022 Warranty Wing AP -8432- WING AP8432 I IAC DUAL INT AP8432 802.11AC Limited 6801330-1- Wireless AN'r2GPOE WR MUMIMODUAL RADIO Lifetime WR BAND UNLOCKED Warranty BLE IN'rERNAL Wing AN'ri-,",ITA POE Our 1JSB 2GIH. WR Extreme AP -8432- WING AP843 802.1 IAC DI- INT 802.1 IAC Limited 07/28/ 68OB30-EIJ Wireless AN'r2GPOE EU MUMIMODUAL RADIO Lifetime 2023 BAND UNLOCKED Warranty BLE IN'rERNAL Wing AN'ri-,",ITA POE Our (JSB 2GIH. IN'rERNAI- AN'ri-,".NNA EU AP -8432- WING AP8432 I IAC DUAL INT 802.1 IAC WAVE2DUAL Limited 6801330 -US Wireless AN'r 2GPOE US RADIO BAND Lifetime UNLOCKED BLE Warranty IN'rERNAL AN'ri-,".NNA Wing POE Our (JSB 2GIH, IN'rERNAL AN'ri-,",ITA [is AP -8432- WING AP843 802.1 IAC DI- INT 802.1 IAC Limited 07/28/ 68OB30-WR Wireless AN'r2GPOE WR MUMIMODUAL RADIO Lifetime 2023 BAND UNLOCKED Warranty BLE IN'rERNAL Wing AN'ri-,",ITA POE Our (JSB 2GIH. IN'rERNAI- AN'ri-,".NNA WR AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533 802.11ac Limited 68SB30-1- Wireless IN'r AN'r 2XCII-,". WR mumimoml RADIO Lifetime WR IN'rERNAL AN'ri-,".NNA Warranty 2XCII-,"-, WR Extreme Wing Attachment D Page 275 of 471 Page 691 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533TRI RADIO Limited 07/28/ 68SB30-EIJ Wireless IN'r AN'r 2XGE EU 802.1 IAC M(JMIMO Lifetime 2023 ACCESS POIN'r Warranty DEDICA'rED SIHNSOR Wing BLE IN'rERNAL AN'ri-,",ITA 2XCII-,"-, EU VERSION AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533 802.1 lac Limited 68SB30-11- Wireless IN'r AN'r 2XCII-,". IL mumimoml Lifetime RADIOIN'rERNAL Warranty AN'ri-,".NNA 2XCII-,"-, IL Wing Extreme AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533 rFRI RADIO Limited 68SB30-(1S Wireless IN'r AN'r 2XCII-,"-, US 802.1 IAC M(JMIMO Lifetime ACCESS POIN'r Warranty DEDICA'rED SIHNSOR Wing BLE IN'rERNAL AN'ri-,".NNA 2XCII-,"-, US VERSION AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533TRI RADIO Limited 07/28/ 68SB30-WR Wireless IN'r AN'r 2XCII-,"-, WR 802.1 IAC M(JMIMO Lifetime 2023 ACCESS POIN'r Warranty DEDICA'rED SIHNSOR Wing BLE IN'rERNAL AN'ri-,".NNA 2XCII-,"-, IN'rERNA'rIONAI, VERION WR AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533 802.1 lac Limited 68SB40-1- Wireless EX'r AN'r 2XGE WR mumimoml RADIO Lifetime WR EX'rERNAI, AN'ri-,".NNA Warranty 2XCII-,"-, WR Extreme Wing AP -8533- WING AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 07/28/ 68SB40-EIJ Wireless EX'r AN'r 2XCII-,"-, EU 802.1 IAC M(JMIMO Lifetime 2023 ACCESS POIN'r Warranty DEDICA'rED SIHNSOR Wing BLE EX'rERNAI, AN'ri-,".NNA 2XCII-,"-, EU VERSION AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533TRI RADIO Limited 68SB40-(1S Wireless EX'r AN'r 2XCII-,"-, US 802.1 IAC M(JMIMO Lifetime ACCESS POIN'r Warranty DEDICA'rED SIHNSOR Wing BLE EX'rERNAI, AN'ri-,".NNA 2XCII-,"-, US VERSION Attachment D Page 276 of 471 Page 692 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533TRI RADIO Limited 07/28/ 68SB40-WR Wireless EX'r AN'r 2XGE WR 802.1 IAC M(JMIMO Lifetime 2023 ACCESS POIN'r Warranty DEDICA'rED SIHNSOR In BLE EX'rERNAI, AN'ri-,".NNA 2XCII-,"-, IN'rERNA'riONAL VERION WR AP-PSBIAS- WiNG ou'rDOOR POE ou'rDOOR IP66 I Year 7161 -US Wireless INJEC'rOR US 802.3A,r GIGABrr Warranty E'rHERNE'r POWER Wing INJEC'rOR 100240 VAC (is 135G124-24 Fixed 1-2 B5 sw 24X3SPD+4SFP B5 sw 24X3SPD+4SFP Limited 06/30/ Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 135G124-24- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ G 24X3SPD+4SFP'rAA 24X3SPD+4SFP'rAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 135G124- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 24P2 24X3SPDA'rPOE+4SFP 24X3SPDA'rPOE+4SFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 135G124- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 24P2 -CI 24X3SPDA'rPOE+4SFP'r 24X3SPDA'rPOE+4SFP'r Lifetime 2022 AA AA Warranty with express Advanced Attachment D Page 277 of 471 Page 693 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 278 of 471 Page 694 of 1515 Hardware Replacern ent-2 13501I24-48 Fixed 1-2 135 sw 48X3SPD-1-4SFP 135 sw 48X3SPD+4SFP Limited 06/30/ Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 13501I24-48- Fixed 1-2 135 sw 135 sw Limited 06/30/ G 48X3SPD+4SFP'rAA 48X3SPD+4SFP'rAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 13501I24- Fixed 1-2 135 sw 135 sw Limited 06/30/ 48P2 48X3SPDA'rPOE+4SFP 48X3SPDA'rPOE+4SFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 13501I24- Fixed 1-2 135 sw 135 sw Limited 06/30/ 48P2-01 48X3SPDA'rPOE+4SFP'r 48X3SPDA'rPOE+4SFP'r i-ifetime 2022 AA AA Warranty with express Advanced Hardware Replacern ent-2 B5KI25-24 Fixed 1-2 135 sw 135 sw Limited 06/30/ 24X3SPD+2SFPP[-(1S 24X3SPD+2SFPP[-(1S Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 278 of 471 Page 694 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 279 of 471 Page 695 of 1515 Replacern ent-2 B5KI25-24- Fixed 1-2 135 sw 135 sw Limited 06/30/ G 24X3SPD+2SFPPi-us'rAA 24X3SPD+2SFPPI-(Js'rA Lifetime 2022 A Warranty with express Advanced Hardware Replacern ent-2 B5KI25- Fixed 1-2 135 sw 135 sw Limited 06/30/ 24P2 24X3SPDA'rPOE+2SFPPI- 24X3SPDA'rPOE+2SFPP Lifetime 2022 (is Uis Warranty with express Advanced Hardware Replacern ent-2 B5KI25- Fixed 1-2 135 sw 135 sw Limited 06/30/ 24P2 -G 24X3SPDA'rPOE+2SFPPI- 24X3SPDA'rPOE+2SFPP Lifetime 2022 us'rAA i-tjs,rAA Warranty with express Advanced Hardware Replacern ent-2 B5KI25-48 Fixed 1-2 135 sw 135 sw Limited 06/30/ 48X3SPD+2SFPPI-(JS 48X3SPD+2SFPPI-(JS Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 B5KI25-48- Fixed 1-2 135 sw 135 sw Limited 06/30/ G 48X3SPD+2SFPPi-us'rAA 48X3SPD+2SFPPI-(Js'rA Lifetime 2022 A Warranty with express Advanced Hardware Attachment D Page 279 of 471 Page 695 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 280 of 471 Page 696 of 1515 Replacern ent-2 B5KI25- Fixed 1-2 135 sw 135 sw Limited 06/30/ 48P2 48X3SPD+2SFPP[-(1S 48X3SPD+2SFPP[-(1S Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 B5KI25- Fixed 1-2 135 sw 135 sw Limited 06/30/ 48P2 -G 48X3SPD+2SFPPi-us'rAA 48X3SPD+2SFPP[-(1s'rA Lifetime 2022 A Warranty with express Advanced Hardware Replacern ent-2 1351 -24- Fixed 1-2 QTY 8 BUNDLE OF Limited 06/30/ BUN B5KI2524 Lifetime 2020 Warranty with express Advanced Hardware Replacern ent 1351 -48- Fixed 1-2 QTY 8 BUNDLE OF Limited 06/30/ BUN B5KI2548 Lifetime 2020 Warranty with express Advanced Hardware Replacern ent BR -6910- SRA 12 P C11HH, COM130NO AC Brocade 691012 x I GbE I Year 02/28/ IE AS -H -AC POWER coRDqo'r0260V combination copper Warranty 2023 10/100/1000 Base'r (RJ45)OR 100/1000 BaseX SFP portsredundant AC power supplytemperature hardened Attachment D Page 280 of 471 Page 696 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -6910- SRA 12 P C11HH, CO 30 W/ Brocade 691012 x I GbE I Year 02/28/ EAS -II -LSC DUAL DC POWER combination copper Warranty 2023 2o'rO60V 10/100/1000 Base'r (RJ45)OR 100/1000 BaseX SFP portsredundant DC power supplytemperature hardened BR -BFO- SRA BFO APPLICATION 20OG Brocade Flow Optimizer Software LRG PERPE'r(JAL Application Perpetual Warranty License for up to 20OG traffic management capabi ity BR -BFO- SRA BFO APPLICATION 20G Brocade Flow Optimizer Software SMI- PERPE'r(JAL Application Perpetual Warranty License for up to 20G traffic management capability. BR -CER- SRA CER 2024C4XR'rI 50OW Brocade CER2024C4XR'r I Year 20240-4X- ACBASE SW includes24 RJ45 portsof Warranty R'r-AC 10/100/1000Mbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SI P+ 50OW AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CER- SRA CER 2024C4XR'rI 50OW Brocade CER2024C4XR'r I Year 20240-4X- DCBASE SW includes24 RJ45 portsof Warranty R'r-DC 10/100/100OMbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SI P+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BR -CER- SRA CER 2024F4XRTI 50OW Brocade CER2024F4XR,r I Year 2024F -4X- ACBASE SW includes24 SIP ports of Warranty R'r-AC 100/100OMbps Ethernet with 4 combination Attachment D Page 281 of 471 Page 697 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 282 of 471 Page 698 of 1515 RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SI P+ 50OW AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CER- SRA CER 2024F4XRT1500 W Brocade CER2024F4XR,r I Year 2024F -4X- DCBASE SW includes24 SEP ports of Warranty R'r-DC 100/100OMbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SI P+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024C4XI 50OW Brocade CES 2024C4X I Year 10/27/ 20240-4X- ACBASE SW includes 24 RJ45 ports of Warranty 2023 AC 10/100/1000 Mbps Ethernet with 4 combination RJ45/SFP Gigabit Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SIP + 50OW AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024C4XI 50OW Brocade CES2024C4X I Year 10/27/ 20240-4X- DCBASE SW includes24 RJ45 portsof Warranty 2023 DC 10/100/100OMbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet Ports 4 fixedports of IOGigabit Ethernet SI P+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024F4X I 50OW Brocade CES 2024F4X I Year 10/27/ 2024F -4X- ACBASE SW includes 24 SEP ports of Warranty 2023 AC 100/1000 Mbps Ethernet with 4 combination RJ45/SFP Gigabit Attachment D Page 282 of 471 Page 698 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 283 of 471 Page 699 of 1515 Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SFP+ 500W AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024F4X I 50OW Brocade CES 2024F4X I Year 10/27/ 2024F -4X- DCBASE SW includes 24 SIP ports of Warranty 2023 DC 100/1000 Mbps Ethernet with 4 combination RJ45/SFP Gigabit Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SI P+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BRK'r- WiNG BEAM CLIP for Mounting BEAM CLIP for I Month 0001471-01 Wireless Plate Mounting Plate Warranty Wing BRK'r- WiNG AP75327522 BRCK'r AP 7532 AP 7522 1 Month 000167A-01 Wireless ADAP'rER WALL BRACKE'r ADAP'rER Warranty MO(JN'r FOR WALL MO(JN'r Wing BR -MI -X- SRA MI -XE, IPORT lOOGBE lOOGbE 1port module Software 10001X 1- LIC IJPG,rO 2POR'r license upgrade 'rO 2ports Warranty 2P(1P01 ON a MI -Xe BR -MI -X- SRA MI -X 2PORT lOOGBE (M) Brocade MI -Xe two I Year I0001X2- CFP2 MODULE. SUPP (2)port I OOGbE (M) Warranty CI P2 -M module with lPv4/lPv6/MPI-S hardware support. Requires CFP2 optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MI -X- SRA MI -X 2PORT lOOGBE Brocade MI -Xe two I Year I0001X2- (X2) CI P2 MODULE. SUP (2)port I OOGbE (X2) Warranty CI P2 -X2 module with lPv4/lPv6/MPI-S hardware support. Requires CFP2 optics. Supports simultaneous 2M IPv4 and 0.8M IPv6 or simultaneous 1.5M IPv4 and IM IPv6 routes Attachment D Page 283 of 471 Page 699 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 284 of 471 Page 700 of 1515 in FIB. Requires high speed switch fabric module BR -MI -X- SRA MLXE IOPORT MI -X SOFTWARE Software 10GX10- lGB1-,"./10GBE LIC (JPG LICF,".NSE'ro UPGRADE Warranty 20PIJPG 'rO 20P FROM 10 POR -r (X2) -ro 20 POR'r 10G/IG COM130 MODULE. BR -MI -X- SRA 10X1/10C11-,".SFP+ BLADE MI -X IOPORT I Year 10GX10-X2 X2 I OGBE/ I C113E (X2) SF P+ Warranty AND SIP COM130 MODULE wim EX,ri-,".N ROti'rE 'rABLE S[JPPOR,r tip 'rO 2M IPV4 AND 800K IPV6 ROurES IN HARDWARE. MACSEC ENABLED. UPGRADEABLE'ro 20XIOGX2 USING ADDI'riONAI- SOF'rWARE LICF,".NSE. BR -MI -X- SRA MI -X 20PORT Brocade MI -Xe twenty I Year I0GX20-M 10 GB GB E (M) (20)port 10GBE/1GBE Warranty COM130 MODULE (M) combo module with lPv4/lPv6/MPI-S hardware support. Requires SI P+ and SI P optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MI -X- SRA MI -X 20PORT Brocade MI -Xe twenty I Year 10GX20-X2 10 GB GB E (X2) (20)port 10GBE/1GBE Warranty COM130 MODUL (X2) combo module with lPv4/lPv6/MPI-S hardware support. Requires SI P+ and SI P optics. Supports simultaneous 2M IPv4 and 0.8M IPv6 or simultaneous 1.5M IPv4 and IM IPv6 routes in FIB. Requires hSFM. Attachment D Page 284 of 471 Page 700 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MI -X- SRA MI -X 24PORT IOC113E Brocade MI -Xe twenty I Year 10/27/ I00.1X24-DM MODIJI-EW/MPI-S four (24)port l0GbE Warranty 2023 S(JPPOR'r (DM) module with lPv4/lPv6/MPI-S capabilities. Requires SI PP optics. Supports 256K IPv4 routes in FIB. BR -MI -X- SRA MI -X 4PORT IO0113E AND Brocade MI -Xe eight port I Year 1001X4- 4POR-r IC113E (M) IP (4port IOC113E and 4port Warranty IPSEC-M IGBE) (M) IP Security (IPSEC) module with lPv4/lPv6/VRF hardware support. Requires SI P+ and SIP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MI -X- SRA XMR/M[-XF,, 4PORT XMR/M[-Xe four (4)port I Year 10/27/ I001X4-X IOC113E (X) XIP MODULE 1001bE (X) module with Warranty 2023 lPv4/lPv6/MPI-S hardware supportrequires XIP optics. Supports IM IPv4 routes in FIB. BR -MI -X- SRA XMR/M[-XF,, 4PORT MI-X/M[-Xe four (4)port I Year 10/27/ I001X4-X- IO0113E (MI-) XIP 1001bE (MI-) module with Warranty 2023 ML MODULE lPv4/lPv6/MPI-S hardware supportrequires XIP optics. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM IPv4 routes in FIB). BR -MI -X- SRA MI -X 4PORT IO0113E MI -X 4PORT IO0113E Software 1001X4- IICI-,-.NSE (JPGD -ro (x) I -ICI -,-.NSE (JPGD'ro (x) Warranty X(JPG BR -MI -X- SRA XMR/M[-XF,, 8PORT MI-Xe/XMR eight (8)port I Year 10/27/ I001X8-X IOC113E (X) SI PP 1001bE (X) module with Warranty 2023 MODULE lPv4/lPv6/MPI-S hardware supportrequires SI PP optics. Supports IM IPv4 routes in FIB. Requires high speed switch fabric modules. BR -MI -X- SRA XMR/M[-XF,, 24PORT XMR/M[-XF,, 24port I Year IGCX24-X IC113E (X) COPPER I GbE (X) Copper (RJ45) Warranty MODULE Attachment D Page 285 of 471 Page 701 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 286 of 471 Page 702 of 1515 Module. Supports IM IPv4 routes in FIB. BR -MI -X- SRA MI-X/M[-XF,, 24PORT MI-X/M[-XF,, 24port I Year IGCX24-X- I0113E (MI-) COPPER I GbE (MI-) Copper Warranty NIL MODUL (RJ45) Module. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM IPv4 routes in FIB). BR -MI -X- SRA XMR/MI-XE, 24PORT XMR/MI-XE, 24port I Year IG X24 -X I0113E (X) SIP MODULE lGbE (X) Fiber (SEP} Warranty Module. Supports IM IPv4 routes in FIB. BR -MI -X- SRA MI-X/M[-XF,, 24PORT MI-X/M[-XF,, 24port I Year 101 X24 -X- IC113E (MI-) SEP lGbE (MI-) Fiber (SIP} Warranty NIL MODULE Module. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM IPv4 routes in FIB). BR -MI -X- SRA MIA 20PORT IC113E (M) Brocade M[ -Xe twenty I Year I01X20- MODULE (20)port IGBIHAGBE (M) Warranty U I OG -M module with lPv4/lPv6/MPI-S hardware support. Requires SEP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules. Upgradeable to 1001 with BRMI-XIGX20IJ10CIMIJ PG license. BR -MI -X- SRA MLXE 20PR-r(m)10GBE M[ -Xe 20PORT (m) To Software I01X20- LIC (JPG 1100113E, Gigabit Ethernet license to Warranty (J10G- upgrade from I C113E 'ro M(JPG 101BE/1001BE combo port BR -MI -X- SRA MIA 20PORT IC113E (X2) Brocade M[ -Xe twenty I Year I01X20- MODULE (20)port I C113E (X2) Warranty U I OG -X2 module with lPv4/lPv6/MPI-S hardware support. Requires SEP optics. Supports simultaneous 2M IPv4 and 0.8M IPv6 or 1.5M IPv4 and IM Attachment D Page 286 of 471 Page 702 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 287 of 471 Page 703 of 1515 IPv6 routes in FIB. Requires hSFM. Upgradeable to I OG with extra license. BR -MI -X- SRA MI -XE, 20PR-r(X2)10C!13E MI -Xe 20PORT (X2) 10 Software IGX20- I.ICIJPG,ro 110/GBE Gigabit Ethernet license to Warranty (J10G- upgrade from I C113E 'ro X2(JPG lGBE/10GBE combo port BR -MI -X- SRA MI -X 24PORT IC113E M[-X/MI-XE, 24PORT Software IGX24- LICIHNSE UPC' RADE, IC113E LICIHNSE Warranty X(JPG N UPGRADE -ro (x) BR -MI -X- SRA MI-XE,/MI-X GIHN2 MI-Xe/MI-X Gent I Year 32-MR2-M MANAC!1-,-.mI-,-.N-r (m) management (M) module Warranty MODULE FOR for 32slot systems. Includes 4 GB RAM I internal compact flash drive (2GB) I external compact flash slot with included 203 card RS232 serial console port and 10/100/1000 Ethernet port for management BR -MI -X- SRA MI-XE,/MI-X GIHN2 MI-Xe/MI-X Gent I Year 32-MR2-X MANAC!1-,-.mI-,-.N-r (x) management (X) module Warranty MODULE FOR for 32slot systems. Includes 4 GB RAM I internal compact flash drive (2GB) I external compact flash slot with included 203 card RS232 serial console port and 10/100/1000 Ethernet port for management BR -MI -X- SRA MI -X 4PORT 40C113E (M) Brocade MI -Xe four I Year 40GX4-M QSFP+ MODULE. SUPP (4)port 40CIbE (M) Warranty module with lPv4/lPv6/MPI-S hardware support requires QSFP+ optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MI -XE,- SRA MLXE,16 EXHAUST FAN M[-Xe16 exhaust fan I Year 16 -FAN ASSEMBLY KI'r assembly kit Warranty BR -MI -XE,- SRA MLXE,16 AIR FIFFER M[-Xe16 air filter I Year 16-FurR Warranty Attachment D Page 287 of 471 Page 703 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-M[-XF,,- SRA M[-XE16 3 HSF 4 180OW Brocade M[-Xe16 AC I Year 16-MR2-M- AC I MR2 (M) MG system with I MR2 (M) Warranty AC management module 3 high speed switch fabric modules 4 1800W AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-M[-XF,,- SRA M[-XE16 3 HSF 4 180OW Brocade M[-Xe16 DC I Year 16-MR2-M- DC I MR2 (M) MG system with I MR2 (M) Warranty DC management module 3 high speed switch fabric modules 4 180OW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-M[-XF,,- SRA M[-XE16 3 HSF 4 180OW Brocade M[-Xe16 AC I Year 16-MR2-X- AC I MR2 (X) MG system with I MR2 (X) Warranty AC management module 3 high speed switch fabric modules 4 180OW AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-M[-XF,,- SRA M[-XE16 3 HSF 4 180OW Brocade M[-Xe16 DC I Year 16-MR2-X- DC I MR2 (X) MG system with I MR2 (X) Warranty DC management module 3 high speed switch fabric modules 4 180OW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-M[-XF,,- SRA SPARE, M I -XE 16 Spare M[-Xe16 chassis I Year 16-S CHASSIS with 2 exhaust fan Warranty assembly kits and air filter BR-M[-XF,,- SRA 32Si-o,r NETIRON 32slot NetIron I Year 32-ACPWR- MI-XF,,/XMR/M[-X AC MI-Xe/XMR/M[-X AC Warranty 3000 300OW PS 300OW power supply BR-M[-XF,,- SRA 32Si-o,r NETIRON 32slot NetIron I Year 32-DCPWR- MI-XF,,/XMR/M[-X DC MI-Xe/XMR/M[-X DC Warranty 3000 300OW PS 300OW power supply Attachment D Page 288 of 471 Page 704 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MI -XE- SRA MI-XE32 EXI-IA(Js,r FAN M[-Xe32 exhaust fan I Year 32 -FAN ASSE"MBLY KI'r Warranty BR -MI -XE- SRA UPWARD DE"T LECTOR M[-Xe32 / MI -X32/ I Year 32 -FAN- FOR 32Si.o,r sys,ri-,"m XMR32000 upward fan Warranty DE"T LEC'ro FAN deflector for 32slot R chassis exhaust fans. Directs air exhaust upwards. I deflector per exhaust fan. BR -MI -XE- SRA MI-XE32 AIR FIFFERS 2 M[-Xe32 air filters 2 filter I Year 32-FurR FlurER KI'r kit Warranty BR -MI -XE- SRA MI-XE32 7 HSF 4 3000W Brocade M[-Xe32 AC I Year 32-MR2-M- AC I MR2 (M) MG system with I MR2 (M) Warranty AC management module 7 high speed switch fabric modules 4 3000W AC power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR -MI -XE- SRA MI-XE32 7 HSF 4 3000W Brocade M[-Xe32 DC I Year 32-MR2-M- DC I MR2 (M) MG system with I MR2 (M) Warranty DC management module 7 high speed switch fabric modules 4 3000W DC power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR -MI -XE- SRA MI-XE32 7 HSF 4 3000W Brocade M[-Xe32 AC I Year 32-MR2-X- AC I MR2 (X) MG system with I MR2 (X) Warranty AC management module 7 high speed switch fabric modules 4 3000W AC power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR -MI -XE- SRA MI-XE32 7 HSF 4 3000W Brocade M[-Xe32 DC I Year 32-MR2-X- DC I MR2 (X) MG system with I MR2 (X) Warranty DC management module 7 high speed switch fabric modules 4 3000W DC Attachment D Page 289 of 471 Page 705 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 290 of 471 Page 706 of 1515 power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR -MI -XE,- SRA SPARE, MLXE,32 Spare M[-Xe32 chassis I Year 32-S CHASSIS with 2 power supply fans Warranty 8 exhaust fans and 2 air filters. BR -MI -XE,- SRA MI-XE,4 EXHAUST AN M[-Xe4 exhaust fan I Year 4 -FAN ASSF,".MBLY KI'r assembly kit Warranty BR -MI -XE,- SRA MI-XE,4 AIR FIFTER M[-Xe4 air filter I Year 4-FurR Warranty BR -MI -XE,- SRA MI-XE,4 2 HSI I 180OW Brocade M[-Xe4 AC I Year 4-MR2-M- AC I MR2 (M) MGM system with I MR2 (M) Warranty AC management module 2 high speed switch fabric modules I 180OW AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA MI-XE,4 2 HSI I 180OW Brocade M[-Xe4 DC I Year 4-MR2-M- DC I MR2 (M) MGM system with I MR2 (M) Warranty DC management module 2 high speed switch fabric modules I 180OW DC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA MI-XE,4 2 HSI I 180OW Brocade M[-Xe4 AC I Year 4-MR2-X- AC I MR2 (X) MGM system with I MR2 (X) Warranty AC management module 2 high speed switch fabric modules I 180OW AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA MI-XE,4 2 HSI I 180OW Brocade M[-Xe4 DC I Year 4-MR2-X- DC I MR2 (X) MGM system with I MR2 (X) Warranty DC management module 2 high speed switch fabric modules I 180OW DC power supply 4 exhaust Attachment D Page 290 of 471 Page 706 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 291 of 471 Page 707 of 1515 fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA SPARE, MI.XE,4 CHASSIS Spare M[-Xe4 chassis I Year 4-S with 4 exhaust fan Warranty assembly kits and air filter BR -MI -XE,- SRA MI-XE,8 EXHAUST AN M[-Xe8 exhaust fan I Year 8 -FAN ASSF,".MBLY KI'r assembly kit Warranty BR -MI -XE,- SRA MI-XE,8 AIR FIFTER M[-Xe8 air filter I Year 8-FurR Warranty BR -MI -XE,- SRA MI-XE,8 2 HSI 2 180OW Brocade M[-Xe8 AC I Year 8-MR2-M- AC I MR2 (M) MGM system with I MR2 (M) Warranty AC management module 2 high speed switch fabric modules 2 180OW AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR -MI -XE,- SRA MI-XE,8 2 HSI 2 180OW Brocade M[-Xe8 DC I Year 8-MR2-M- DC I MR2 (M) MGM system with I MR2 (M) Warranty DC management module 2 high speed switch fabric modules 2 180OW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR -MI -XE,- SRA MI-XE,8 2 HSI 2 180OW Brocade M[-Xe8 AC I Year 8-MR2-X- AC I MR2 (X) MGM system with I MR2 (X) Warranty AC management module 2 high speed switch fabric modules 2 180OW AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR -MI -XE,- SRA MI-XE,8 2 HSI 2 180OW Brocade M[-Xe8 DC I Year 8-MR2-X- DC I MR2 (X) MGM system with I MR2 (X) Warranty DC management module 2 high speed switch fabric modules 2 180OW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included Attachment D Page 291 of 471 Page 707 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MI -XE,- SRA SPARE, MI.XE,8 CHASSIS Spare M[-Xe8 chassis I Year 8-S with 2 exhaust fan Warranty assembly kits and air filter BR -MI -XE,- SRA 16/8/4Si-o,r 16 8 and 4slot MI -Xe and I Year ACPWR- M[-XE,16/8si-C'r 16 and 8S]ot XMR/MI-X Warranty 1800 XMR/MI.X AC 18 AC 180OW power supply BR -MI -XE,- SRA 16/8/4Si-o,r 16 8 and 4slot MI -Xe and I Year DCPWR- M[-XE,16/8si-C'r 16 and 8S]ot XMR/MI-X Warranty 1800 XMR/MI.X DC 18 DC 180OW power supply BR -MI -XE,- SRA MI-XE,4 HSFAC MR2 Brocade M[-Xe4 AC I Year F,,N,r-4- FANSFu-'rER enterprise switch system Warranty MR2-M-AC with I MR2 (M) management module 2 high speed switch fabric modules I 180OW AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA MI-XE,8 HSFAC MR2 Brocade M[-Xe8 AC I Year F,,N,r-8- FANSFu-'rER enterprise switch system Warranty MR2-M-AC with I MR2 (M) management module 2 high speed switch fabric modules 2 180OW AC power supply 2 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -X- SRA MI-XE,/MI-X 011-,".N2 MI-XE,/MI-X 011-,".N2 I Year MR2-M MANA011-,-.1 I-,-.N-r (m) MANAGI-,-.Ml-,-.N-r (m) Warranty MODULE FOR MODULE FOR 4 8 AND 16Si-o,r sys,rEMS. INCLUDES 4 GB RAM I IN'rERNAI- COMPACT[, FLASH DRIVE (20113) I EX'rERNAI- COMPACT[, FLASH si-o'r wim INCLUDED 20113 CARD RS232 SERIAL CONSOLE PC R'r AND 10/100/1000 E'ruir,,RNE'r POR' FSO MANA011-,".M1-,".N'r Attachment D Page 292 of 471 Page 708 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MI -X- SRA MI-XF,,/XMR GIH.N2 MI-Xe/XMR Gent I Year MR2-X MANAG1-,-.mI-,-.N-r (x) management (X) module Warranty MODULE FOR for 4 8 and 16slot systems. Includes 4 GB RAM I internal compact flash drive (2G13) I external compact flash slot with included 2GB card RS232 serial console port and 10/100/1000 Ethernet port for management BR- SRA IP ADD ON [.ICI -,".NSE 10 Adds MPLS management Software 11/20/ N'rWADV- MPLS to 10 devices licensed for Warranty 2020 MPI -S-10 1-,".NN,rWADVIP or BRN'rWADVIP Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. BR- SRA IP ADD ON [.ICI -,".NSE 25 Adds MPLS management Software 11/20/ N'rWADV- MPLS to 25 devices licensed for Warranty 2020 MPI -S-25 1-,".NN,rWADVIP or BRN'rWADVIP Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. BR- SRA IP ADD ON [.ICI -,".NSE 50 Adds MPLS management Software 11/20/ N'rWADV- MPLS to 50 devices licensed for Warranty 2020 MPI -S-50 1-,".NN,rWADVIP or BRN'rWADVIP Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. BR-NVA- SRA VISIBUTry mANAG1-,R VISIBHTFY MANAGIH.R Software BVM-1 I -ICI -,".NSE FOR I DEVICE [.ICI -,".NSE FOR I Warranty DEVICE. Perpetual Visibility Manager license for up to I device. Attachment D Page 293 of 471 Page 709 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-NVA- SRA GTP CORRE LATION SDN controller module Software GCC MODULE FOR for the M[ -Xe Network Warranty OFFLOADWHI'r Packet Broker platform. Performs G'rP Correlation and other control functions to dynamically reprogram outbound flows from MI -Xe. BR-NVA- SRA INF OSIM STABLE NET NF OSIM sTABLENET Software INF OSIM-1 I -ICI -,".NSE FOR I DEVICE [.ICI -,".NSE FOR I Warranty DEVICE. Perpetual Infosim StableNet license for up to I device with 250 measurements. BR-NVA-SD SRA SESSION DIRECTOR SESSION DIRECTOR Software wim EXPER'r wim EXPER'r Warranty FEA'r11RES FEA'r1JRES. Perpetual license for up to 40 Gbps of traffic with 10 million subscribers (ISIS} and 25 million sessions. BR-NVA- SRA SESSION Brocade Session Director Software SD7100-P- DIREc'rORFEA'r (SFS} 7 100 feature bundle Warranty 01 BNDI-710OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SF 8100-P- DIREc'rORFEA'r (SFS} 8 100 feature bundle Warranty 01 BNDI-810OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SF 8200-P- DIREc'rORFEA'r (SD) 8200 feature bundle Warranty 01 BNDI-820OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SD9100-P- DIREc'rORFEA'r (SFS} 9 100 feature bundle Warranty 01 BNDI-910OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA ANALYSIS ENGINE AND Analytics Engine within Software VACE Ul FOR REPOR'rs AND A the Vistapointe Analytics Warranty suite. Receives processed traffic metadata from APE probes computes metrics and KPIs. 'rhe vVID reporting engine and ASE SDN engine (for third art integration) are Attachment D Page 294 of 471 Page 710 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 295 of 471 Page 711 of 1515 both contained within this SKU BR-NVA- SRA PROTOCOL DECODER vIPE is the probing Software VIPE-DIA FOR DIAMF".'rER BASED platform within the Warranty IN'rE Vistapointe analytics suite. vIPEDIA is the Diameter probe which extracts decodes and reduces Diameter traffic for processing by the Anal ytics engine (vACE). BR-NVA- SRA PROTOCOL DECODER vIPE is the probing Software VIPE-GI FOR SGI AND GI platform within the Warranty IN'rERFAC Vistapointe analytics suite. vIPEGi is the Gi/SGi IP traffic probe which extracts decodes and reduces Gi traffic for processing by the Anal ytics engine (vACE). BR-NVA- SRA PROTOCOL DECODER vIPE is the probing Software VIPE-G'rP FOR CL'I'P vi AND V2 platform within the Warranty IN'rER Vistapointe analytics suite. vIPEG'rP is the G'rP v1 and v2 protocol probe (for G'rPu and G' Pc traffic) which extracts decodes and reduces G'rP traffic for processing by the Anal ytics engine (vACE). BR-NVA- SRA VIRTUAL BROKER ADV Brocade NVA Virtual Software VPB-API PFS RPE'r[JAL LICIHNSE Packet Broker Warranty (vPB)Advanced feature bundle (also includes Basic features)perpetual License aggregating up to 25 'l AP end points BR-NVA- SRA VIRTUAL BROKER Brocade NVA Virtual Software VPB-BP1 BASIC PERPE'r1JAI- Packet Broker (vPB)Basic Warranty LICIHNSE feature bundleperpetual License aggregating up to 25 'l AP end points Attachment D Page 295 of 471 Page 711 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-NVA- SRA VIRTUALTAP ADV 25 Brocade NVA Virtual Software v'rAP- PERPE'r(JAL LICE"NSE 'rAP (v,rAP)Advanced Warranty AP125 feature bundle(Includes Basic Features)perpetual 25 instance License BR-NVA- SRA VIRTUALTAP BASIC 25 Brocade NVA Virtual Software v'rAP- PERPE'r(JAL LICE"NSE 'rAP (v,rAP)Basic feature Warranty BP125 bundleperpetual 25 instance License BR -SI -X- SRA 48X25GE",+6X I OOGE", Brocade SLX 914048V I Year 9140-48V- swrrCH AC FB Switch AC with Front to Warranty AC -F AIRFLOW Back airflow (Portside to nonport side airflow) 48x25GE"./1OGE"./1GE". + 6x100GE"Y40GE".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -SI -X- SRA 4 8X2 5 GE",+6X I OOGE", Brocade SLX 914048V I Year 9140-48V- swrrCH AC BF Switch AC with Back to Warranty AC -R AIRFLOW Front airflow (Nonportside to port side airflow) 48x25GE"./1OGE"./1GE". + 6x100GE"Y40GE".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -SI -X- SRA 4 8X2 5 GE",+6X I OOGE", Brocade SLX 914048V I Year 9140-48V- swrrCH DC FB Switch DC with Front to Warranty DC -F AIRFLOW Back airflow (Portside to nonport side airflow) 48x25GE"./1OGE"./1GE". + 6x100GE"Y40GE".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -SI -X- SRA 4 8X2 5 GE",+6X I OOGE", Brocade SLX 914048V I Year 9140-48V- swrrCH DC BF Switch DC with Back to Warranty DC -R AIRFLOW Front airflow (Nonportside to port side airflow) 48x25GE"./1OGE"./1GE". + 6x100GE"Y40GE".. (14-1) redundant power supplies Attachment D Page 296 of 471 Page 712 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 297 of 471 Page 713 of 1515 and (44-1) redundant fans included. BR -S[ -X- SRA S/WADVANCED Advanced Feature License Software 9140 -ADV- FEA'r(JRE LICE".NSE Warranty LIC -P BR -S[ -X- SRA 32XI00CIE". swiTCH NO Brocade SLX 9240320 I Year 9240-32C FAN[PS Switch. No Fans/Power Warranty supplies included. 3 2x I 00C!E",/40C!E",. BR -S[ -X- SRA 32XI00CIE". swiTCH FB Brocade SLX 9240320 I Year 9240-32C- AIRFLOW AC Switch AC with Front to Warranty AC -F Back airflow (Portside to nonport side airflow) 32xI00C!E"./40C!E".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 32XI00CIE". SWITCH BF Brocade SLX 9240320 I Year 9240-32C- AIRFLOW AC Switch AC with Back to Warranty AC -R Front airflow (Nonportside to port side airflow) 32xI00C!E"./40C!E".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 32XI00CIE". swiTCH FB Brocade SLX 9240320 I Year 9240-32C- AIRFLOW DC Switch DC with Front to Warranty DC -F Back airflow (Portside to nonport side airflow) 32xI00C!E"./40C!E".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 32XI00CIE". SWITCH BF Brocade SLX 9240320 I Year 9240-32C- AIRFLOW DC Switch DC with Back to Warranty LSC -It Front airflow (Nonportside to port side airflow) 32xI00C!E"./40C!E".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA S/WADVANCED Advanced Feature License Software 9240 -ADV- FEA'r(JRE LICE".NSE Warranty LIC -P Attachment D Page 297 of 471 Page 713 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -S[ -X- SRA 24X I 0C!I-,",+24X I CIIH, Brocade SLX 954024S I Year 9540-24S- swrrCH AC PR'rSD Switch AC with Front to Warranty AC -F IN'rK Back airflow (Portside to nonport side airflow). Supports 24xI0C!I-,"./IC!I-,". + 24x I C11H. ports. BR -S[ -X- SRA 24X I 0C!I-,",+24X I CIIH, Brocade SLX 954024S I Year 9540-24S- swrrCH AC PR'rSD EXI-I Switch AC with Back to Warranty AC -R Front airflow (Nonport Side to port side airflow). Supports 24xI0C!I-,"./IC!I-,". + 24x I C11H. ports. BR -S[ -X- SRA UPGRADE 24XICIIH.To Upgrade 24x I GE to Software 9540-24S- 2 4 X 10 C11HY I CIIH, 24xI0C!I-,"./IC!I-,". Warranty COD -P BR -S[ -X- SRA 24X I 0C!I-,",+24X I CIIH, Brocade SLX 954024S I Year 9540-24S- swrrCH DC PR'rSD Switch DC with Front to Warranty DC -F IN'rK Back airflow (Portside to nonport side airflow). Supports 24xI0C!I-,"./IC!I-,". + 24x I C11H. ports. BR -S[ -X- SRA 24X I 0C!I-,",+24X I CIIH, Brocade SLX 954024S I Year 9540-24S- swrrCH DC PR'rSD EXI-I Switch DC with Back to Warranty LSC: -It Front airflow (Nonport Side to port side airflow). Supports 24xI0C!I-,"./IC!I-,". + 24x I C11H. ports. BR -S[ -X- SRA PORTS ON DEMAND Ports on Demand for Software 9540-2C- F0 R 2 X 10 0 C11HY4 0 CIIH, 2xI00C!I-,"./40C!I-,"-, Uplinks Warranty POD -P BR -S[ -X- SRA 48XI0C!I-,".+6XI00C!I-,"-, Brocade SLX 954048S I Year 9540-48S- swrrCH AC PR'rSD Switch AC with Front to Warranty AC -F IN'rK Back airflow (Portside to nonport side airflow). Supports 48xI0C!I-,"./IC!I-,". + 6xI00C!I-,"./40C!I-,".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 4 8X I OCIF,",+6X I 00CIF,", Brocade SLX 954048S I Year 9540-48S- swrrCH AC PR'rSD EXI-I Switch AC with Back to Warranty AC -R Front airflow (Nonport Side to port side airflow). Supports 48xI0C!I-,"./IC!I-,". + 6xI00C!I-,"./40C!I-,".. (14-1) redundant power supplies Attachment D Page 298 of 471 Page 714 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 299 of 471 Page 715 of 1515 and (44-1) redundant fans included. BR -S[ -X- SRA 4 8X I 0GI-,",+6X I 00CIF,", Brocade SLX 954048S I Year 9540-48S- swrrCH DC PR'rSD Switch DC with Front to Warranty DC -F II 'rK Back airflow (Portside to nonport side airflow). Supports 48xI0GI-,"./IGI-,". + 6xI00GI-,"./40GI-,".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 4 8X I 0GI-,",+6X I 00CIF,", Brocade SLX 954048S I Year 9540-48S- swrrCH DC PR'rSD EXIT Switch DC with Back to Warranty LSC: -It Front airflow (Nonport Side to port side airflow). Supports 48xI0GI-,"./IGI-,". + 6xI00GI-,"./40GI-,".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA ADVANCED FEATURE Advanced Feature License Software 9540 -ADV- IICI-,".NSE Warranty LIC -P BR- SRA SLX 9850 IOOGX12 SLX 9850 IOOGX12 I Year SLX9850- IN'rERFACE MODULE IN'rERFACE MOD (JI -E Warranty IOOGX12CQ W/MPLS W/MPLS -M BR- SRA SLX9850 IOOGX36 Brocade SLX 9850 36port I Year SLX9850- IN'rERFACE MODULE I 00GbE60port 40GbE or Warranty IOOGX36CQ 240port I 0GbE flexspeed -D (D) interface module with lPv4/lPv6 hardware support. Requires QSFP28QSFP+ optics 40GbE to I 0GbE break out(I 0GbE) connectivity. Supports 750K MAC256K IPv4 64K IPv6 routes BR- SRA SLX9850 IOOGX36 BR SLX 9850 36port I Year SLX9850- IN'rERFACE MODULE I 00GbE60port 40GbEor Warranty IOOGX36CQ W/ MPLS 240port I 0GbE flexspeed -M (M) interface module with lPv4/lPv6/MPI-S hardware Attachment D Page 299 of 471 Page 715 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 300 of 471 Page 716 of 1515 support. Requires QSFP28QSFP+ optics 40CIbE to I 0GbE break out(I 0GbE) connectivity. Supports 750K MAC256K IPv4 64K IPv6 routes BR- SRA 6XIOOG POD SW 6xI00G POD SW license Software SLX9850- LIC E"NSE FOR ING POD to be used with Warranty I OOGX6CQ- BLADE S[-X985010OGx12CQM M-IJPG I OOG blade only BR- SRA SLX9850 IOGX72 Brocade SIX 9850 72port I Year SLX9850- IN'rERFACE MODULE I OC!bl-,-./ I GbE (D) Warranty IOGX72S-D interface module with IPv4/IPv6 hardware support. Requires SI P+ optics for l0GbE connectivity and SI P optics for IGbE connectivity. Supports 750K MAC 256K IPv4 routes and 64K IPv6 routes BR- SRA SLX9850 IOGX72 Brocade SIX 9850 72port I Year SLX9850- IN'rERFACE MODULE I 0GbE/IGbE (M) Warranty IOGX72S-M W/ MPI -S interface module with lPv4/lPv6/MPI-S hardware support. Requires SFP+ optics for l0GbE connectivity and SIP optics for IGbE connectivity. Supports 750K MAC 256K IPv4 routes and 64K IPv6 routes BR- SRA SLX98504 AC sysTT"m Brocade SIX 9850 4slot I Year SLX9850-4- BUNDLE chassis with I Warranty BND-AC management module 5 switch fabric modules 2 300OW AC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SIX 98504 DC SYSTEM Brocade SIX 9850 4slot I Year SLX9850-4- BUNDLE chassis with I Warranty BND-DC management module 5 Attachment D Page 300 of 471 Page 716 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 301 of 471 Page 717 of 1515 switch fabric modules 2 300OW DC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SI -X98504 SWITCH Brocade SLX 9850 switch I Year SI -X9850-4- FABRIC MODULE fabric module for 4slot Warranty SI M chassis BR- SRA SLX 98508 AC SYSTEM Brocade SLX 9850 Not I Year SI -X9850-8- BUNDLE chassis with I Warranty BND-AC management module 5 switch fabric modules 4 300OW AC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SLX 98508 DC SYSTEM Brocade SLX 9850 Not I Year SI -X9850-8- BUNDLE chassis with I Warranty BND-DC management module 5 switch fabric modules 4 300OW DC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SI -X98508 SWITCH Brocade SLX 9850 switch I Year SI -X9850-8- FABRIC MODULE fabric module for Not Warranty SI M chassis BR- SRA SI -X9850 Brocade SLX 9850 1 Year SI -X9850- MANAGE".mI-,".N'r management module for Warranty NIM MODULE 4slot and Not systems includes 32GB RAM 2 internal Solid State Drives 4Core Intel CPIJ 2 (TSB 3.0 ports 2 RJ45 console ports and 10GbE Services port BR- SRA S/WVCS S/W LICE"NSE VCS S/W LICE"NSE FOR Software VDX6710- FOR VDX671054 VDX671054 Warranty 54VCS-01 BR- SRA S/WFCOE S/W LICE"NSE Software License to Software 06/29/ VDX6720- VDX672024/16PP enable FCoE on Warranty 2024 24FCOE-01 VDX672016 or VDX672024 BR- SRA S/W8POR'r POD 8PORT Ports on Demand Software 06/29/ VDX6720- LICENSE FOR License for VDX672016 Warranty 2024 24POD-01 VDX672016PP Attachment D Page 301 of 471 Page 717 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 302 of 471 Page 718 of 1515 to make a1124 ports enabled BR- SRA S/WVCS S/W LICIH.NSE Software License to Software 06/29/ VDX6720- FOR VDX672024/16PP enable VCS on Warranty 2024 24VCS-01 VDX672024 or VDX672016 BR- SRA S/WFCOE [.ICI -,".NSE FOR Software License to Software 06/29/ VDX6720- VDX672060/40PP enable FCoE on Warranty 2024 60F COO -01 VDX672040 VDX672060 BR- SRA S/W10POR'r POD IOPORT Ports on Software 06/29/ VDX6720- I -ICI -,".NSE FOR Demand License for Warranty 2024 60POD-01 VDX6720/40PP VDX672040 to enable 10 more ports BR- SRA S/WVCS [.ICI -,".NSE FOR Software License to Software 06/29/ VDX6720- VDX672060/40 enable VCS on Warranty 2024 60VCS-01 VDX672060 or VDX672040 BR- SRA 8PORT POD LICIH.NSE 8PORT POD LICIH.NSE Software VDX6730- FOR VDX673016 FOR VDX673016 Warranty 24POD-01 BR- SRA S/WVCS S/W LICIH.NSE VCS S/W LICIH.NSE FOR Software VDX6730- FOR VDX673024/16PP VDX673024 VDX673016 Warranty 24VCS-01 BR- SRA IOPORT POD LICIH.NSE IOPORT POD LICIH.NSE Software VDX6730- FOR VDX673040 FOR VDX673040 Warranty 60POD-01 BR- SRA S/WVCS S/W LICIH.NSE VCS S/W LICIH.NSE FOR Software VDX6730- FOR VDX673040/60PP VDX673060 VDX673040 Warranty 60VCS-01 BR- SRA VDX674024PSFP+DCPOR VDX 6740 24P SI P+ I Year VDX6740- 'r SIDE EXI-IA(Js,r Al POR'rs ONLY NO Warranty 24 -DC -F op'ricS DC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674024PSFP+DCPOR VDX 6740 24P SI P+ I Year VDX6740- 'r SIDE EXI-IA[Js,r AF POR'rs ONLY NO Warranty 24 -DC -R op'ricS DC PC R'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674024PSFP+ACNO VDX 6740 24P SI P+ I Year VDX6740- N PC R'r SIDE EX AF POR'rs ONLY NO Warranty 24-F op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674024PSFP+ACPOR VDX 6740 24P SI P+ I Year VDX6740- 'r SIDE EXI-IA(Js,r AF POR'rs ONLY NO Warranty 24-R Attachment D Page 302 of 471 Page 718 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 303 of 471 Page 719 of 1515 op'ricS AC PORT SIDE EXI-IA[Js,r AIRFLOW BR- SRA SW2PORT 40G POD LIC 2PORT 40G Ports on Software VDX6740- FOR VDX6740/674o,1 Demand(POD) LICIH.NSE Warranty 2X40G-POD FOR VDX6740 AND VDX674o,r BR- SRA VDX674048PSFP+ACNO VDX 674048P SI P+ I Year VDX6740- N PC R'r SIDE EX AF POR'rs ONLY NO Warranty 48-F op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674048PSFP+ACPOR VDX 6740 48P SI P+ I Year VDX6740- 'r SIDE EXI-IA(Js,r AF POR'rs ONLY NO Warranty 48-R op'ricS AC PC R'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674064PSFP+FCOEA VDX 6740 BUNDLE 64P I Year VDX6740- CNONPOR'r EX AF SFP+ POR'rs ONLY NO Warranty 64 -Al,[ -SW- onics vcs LIC FCOE F LIC AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674064PSFP+FCOEA VDX 6740 BUNDLE 64P I Year VDX6740- CPC R'r SD EX AF SFP+ POR'rs ONLY NO Warranty 64 -Al,[ -SW- onics vcs LIC FCOE R LIC AC PC R'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX674064PSFP+ACNO VDX 674048P SI P+ I Year VDX6740- N PC R'r SIDE EX AF PC R'rS and 4P QSFP+ Warranty 64-F OnlyNO op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674064PSFP+ACPOR VDX 674048P SI P+ I Year VDX6740- 'r SIDE EXI-IA(Js,r AF PC R'rS and 4P QSFP+ Warranty 64-R ports ONLY NO onics AC POR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA SW8POR'r 10G POD LIC 8PORT 10G SFP+ Ports Software VDX6740- FOR VDX6740/674o,1 on Warranty 8XIOG-POD Dernand(POD)LICIH.NSE FOR VDX6740 and VDX674o,r BR- SRA S/WVCS AND FCOE VCS S/W LICIH.NSE and Software VDX6740- I-ICl-,".NSEVDX6740/674o'r FCOE S/W LICIH.NSE Warranty ALLSW FOR VDX6740 AND VDX674o,r Attachment D Page 303 of 471 Page 719 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA S/WFCOE [.ICI -,".NSE FOR FCOE S/W [.ICI -,".NSE Software VDX6740- VDX6740/VDX674o,r FOR VDX6740 AND Warranty FCOE 674o'r BR- SRA SW16PORT 10G COD SW16PORT 10G Software VDX674o,r- (JPGRD [-ICVDX674o,rlG Capacity on Demand LIC Warranty IG-16XIOG- FOR VDX674o,rlG COD BR- SRA VDX674o'r24P1oc1i3'rDC VDX 6746'r 24P l0G13'r I Year VDX674o,r- NONPOR'rSIDE EX AF PORTS ONLY NO Warranty 24 -DC -F op'ricS DC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r24P1oc1J3'rDCP VDX 6746'r 24P l0G13'r I Year VDX674o,r- R'r SD EX AF PORTS ONLY NO Warranty 24 -DC -R op'ricS DC PORT SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r24P1oc1J3'rAC VDX 6746'r 24P l0G13'r I Year VDX674o,r- NONPR'rSD EX AF PORTS ONLY NO Warranty 24-F op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r24P1oc1i3'rACP VDX 6746'r 24P l0G13'r I Year VDX674o,r- R'r SD EX AF PORTS ONLY NO Warranty 24-R op'ricS AC PORT SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r48P1oc1i3'rAC VDX 6746'r 48P l0G13'r I Year VDX674o,r- NONPR'rSD EX AF PORTS ONLY NO Warranty 48-F op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r48P1oc1J3'rACP VDX 6746'r 48P l0G13'r I Year VDX674o,r- R'r SD EX AF PORTS ONLY NO Warranty 48-R op'ricS AC PORT SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX 6746TIG 48P VDX 6746'r 48P I Year VDX674o,r- lG'rNPOR'rSIDE EXI-I Al IGBASE'r PC R'rS2 Warranty 56 -IG -DC -F 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS DC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX 6746TIG 48P VDX 6746'r 48P I Year VDX674o,r- lG'rPOR'rSIDE EXI-I Al IGBASE'r POR'rS2 Warranty 56 -IG -DC -R 40C113E QSFP+ Attachment D Page 304 of 471 Page 720 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 305 of 471 Page 721 of 1515 UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS DC POR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX6746TIG48PIGRAS VDX 6746'r 48P I Year VDX674o,r- E'r POR'rS2 40CII31-,".N IGBASE'r POR'rS2 Warranty 56 -IG -F 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX6746TIG48PIGRAS VDX 6746'r 48P I Year VDX674o,r- E'r POR'rS2 40C113E IGBASE'r POR'rS2 Warranty 56 -IG -R 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS AC POR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX674o'r64PTociJ3'rFCO VDX 6746'r BUNDLE I Year VDX674o,r- EACNONPR'r EX AF 48P l0G13'r PORTS and Warranty 64 -Al,[ -SW- 4P QSFP+ POR-rs ONLY F NO op,rics vcs uc FCOE LIC AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX674o'r64PTocii3'rFCO VDX 6746'r BUNDLE I Year VDX674o,r- EACPOR'r EX AF 48P l0G13'r PORTS and Warranty 64 -Al,[ -SW- 4P QSFP+ POR-rs ONLY R NO op,rics vcs uc FCOE LIC AC POR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX674o'r64PTociJ3'rSFP VDX 6746'r 48P l0G13'r I Year VDX674o,r- +ACNON PR'r EX AF PORTS ONLY and 4P Warranty 64-F QSFP+ NO op -TICS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r64PTocii3'rACP VDX 6746'r 48P l0G13'r I Year VDX674o,r- R'r SD EX AF PORTS ONLY and 4P Warranty 64-R QSFP+ NO op -TICS AC POR'r SIDE EXI-IA[Js,r AIRFLOW Attachment D Page 305 of 471 Page 721 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA S/WVCS LICIH.NSE FOR VCS S/W LICE".NSE FOR Software VDX6740- VDX6740/VDX674o,r VDX6740 AND Warranty vCS VDX674o,r BR- SRA SW16PORT IOG POD LIC 16x1OCIbE Ports On Software VDX6940- FOR VDX6940144S Demand(POD) LICE".NSE Warranty 1445-16- FOR VDX694064S AC IOCIPOD and DC models BR- SRA SW6X40C!/2XI00G POD 6x40C!bE or 2x I 00GbE Software VDX6940- LIC FORVDX6940144S Ports On Demand(POD) Warranty 1445- LICE".NSE FOR 6X40G-POD VDX694064S and VDX694096S models BR- SRA VDX6940144SACNON Brocade VDX 6940144S I Year VDX6940- POR'rsIDE EXI-IA(Js,r base system with 96 Warranty 1445 -AC -F l0GbE SI P+ ports and up to 12 40CIbE QSFP+ ports or up to 4 1 00GbE QSFP28 ports AC power supply NON POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX6940144SACPORTSI Brocade VDX 6940144S I Year VDX6940- DE EXI-IA(Js,r base system with 96 Warranty 1445 -AC -R l0GbE SI P+ ports and up to 12 40CIbE QSFP+ ports or up to 4 1 00GbE QSFP28 ports AC power supply POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694024QACNON Brocade VDX 694036 1 Year VDX6940- POR'rsIDE EXI-IA(Js,r basesystern with 24 Warranty 24Q -AC -F 40CIbE COSI P+ portsAC power supply NON POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694024QACPOR,rSI Brocade VDX 6940360 I Year VDX6940- DE EXI-IA(Js,r base system with 24 Warranty 24Q -AC -R 40CIbE COSI P+ ports AC power supply POR'rSIDE EXI-IA(Js,r BR- SRA VDX694024QDCNONPO Brocade VDX 6940360 I Year VDX6940- R'rsIDE EXI-IA(Js,r base system with 24 Warranty 24Q -DC -F 40CIbE COSI P+ ports DC Power supply NON POR'rsIDE EXI-IA(Js,r AIRFLOW Attachment D Page 306 of 471 Page 722 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA VDX694024QDCPOR,rSI Brocade VDX 694036Q I Year VDX6940- DE EXI-IA(Js,r base system with 24 Warranty 24Q -DC -R 40CIbE QSFP+ ports DC Power supply POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA SW12PORT 40G POD LIC 12x40C!bE Ports On Software VDX6940- FORVDX694036Q Demand(POD) license for Warranty 3602- the VDX 694024Q AC 12X40G- and DC models POD BR- SRA VDX694036QACNON Brocade VDX 694036Q I Year VDX6940- POR'rsIDE EXI-IA(Js,r base system with 36 Warranty 3602 -AC -F 40CIbE QSFP+ ports AC power supply NON POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694036QACPOR,rSI Brocade VDX 694036Q I Year VDX6940- DE EXI-IA(Js,r base system with 36 Warranty 3602 -AC -R 40CIbE QSFP+ ports AC power supply POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694064SACNON Brocade VDX 69401445 I Year VDX6940- POR'rsIDE EXI-IA(Js,r base system with 64 Warranty 64S -AC -F I 0GbE SFP+ ports AC power supply NON POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694064SACPORTSID Brocade VDX 69401445 I Year VDX6940- E EXI-IA(Js,r base system with 64 Warranty 64S -AC -R I 0GbE SFP+ ports AC power supply POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694064SDCNON Brocade VDX 69401445 I Year VDX6940- POR'rsIDE EXI-IA(Js,r base system with 64 Warranty 64S -DC -F 10GbE SFP+ ports DC power supply NON POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694064SDCPOR,rSID Brocade VDX 69401445 I Year VDX6940- E EXI-IA(Js,r base system with 64 Warranty 64S -DC -R 10GbE SFP+ ports DC power supply POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694096SACNON Brocade VDX 69401445 I Year VDX6940- POR'rSIDE EXI-IA(Js,r base system with 96 Warranty 96S -AC -F I 0GbE SI P+ ports AC Attachment D Page 307 of 471 Page 723 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 308 of 471 Page 724 of 1515 power supply NON POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694096SACPORTSID Brocade VDX 6940144S I Year VDX6940- E EXI-IA(Js,r base system with 96 Warranty 96S -AC -R I 0GbE SI P+ ports AC power supply POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA S/WFCOE S/W I -ICI -,".NSE FCOE software license for Software VDX6940- VDX6940 VDX6940 Warranty FCOE BR- SRA 12X40GQSFP+ 12 x 40CII-,", QSFP Blades I Year VDX8770- BLADIH.NO orrICS8770 No Optics Warranty 12X40G- QSFP-1 BR- SRA 27X40GBE QSFP 27 x 40CII-,", QSFP Blades I Year VDX8770- BLADES NO orrics No Optics Warranty 27X40G- QSFP BR- SRA 2 X IOOCII-,".CFP2B[.ADES 2XI00GbECFP2 Blades I Year VDX8770- W[PODNO onics with 2 ports activated by Warranty 2XIOOG- default and available for CI P2 2XIOOG POD license upgrade No Optics BR- SRA SW2XIOOG POD LIC FOR 2xI00G POD SW license Software VDX8770- 2X I OOGCF P2 BLADE to be used with Warranty 2XIOOG- VDX87702xlOOGCFP2 POD I OOG blade only BR- SRA 48XIOGSFP+ BLADIH.NO 48 x 11100IF,". SFP+ Blades I Year VDX8770- op,ricS8770 No Optics Warranty 48XIOG- SI PP -I BR- SRA 48XIOGBASET COPPER 48 X l0GBase'r Copper I Year VDX8770- BLADES NO orrics Blades No Optics Warranty 48XIOG-,r BR- SRA 48XIGSFP+ BLADIH.NO 48 x ICA,". SIP Blade No I Year VDX8770- op,ricS8770 Optics Warranty 48XIG-SFP- I BR- SRA 4 si-o'r CHASSIS3SFMI VDX8770 4 1/0 Slot I Year VDX8770-4- MM2FAN2 300OW AC chassis with 3 Switch Warranty BND-AC Fabric Modules I Management Module 2 exhaust Fan and 2 300OW AC Power supply unit. Additional Management Attachment D Page 308 of 471 Page 724 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 309 of 471 Page 725 of 1515 modules to be ordered separately. Power cord ordered separately BR- SRA 4 si-o'r CHASSIS3SFMI VDX8770 4 1/0 Slot I Year VDX8770-4- MM2FAN2 300OW DC chassis with 3 Switch Warranty BND-DC Fabric Modules I Management Module 2 exhaust Fan and 2 300OW DC Power supply unit. Additional Management modules to be ordered separately. Power cord ordered separately BR- SRA 6X I 00GBE CF P2 6 X 100GIH. CF P2 Blades I Year VDX8770- BLADES NO orrics No Optics Warranty 6X 100G - CF BR- SRA 8 si-o'r CHASSIS6SFMI VDX8770 8 1/0 Slot I Year VDX8770-8- MM4FAN3 300OW AC chassis with 6 Switch Warranty BND-AC Fabric Modules I Management Module 4 exhaust Fan and 3 300OW AC Power supply unit. Additional Management modules to be ordered separately. Power cord ordered separately BR- SRA 8 si-o'r CHASSIS6SFMI VDX8770 8 1/0 Slot I Year VDX8770-8- MM4FAN3 300OW DC chassis with 6 Switch Warranty BND-DC Fabric Modules I Management Module 4 exhaust Fan and 3 300OW DC Power supply unit. Additional Management modules to be ordered separately. Power cord ordered separately BR- SRA ADV SERVICE LICIH.NSE ADVANCED SERVICE Software VDX8770- FOR FCOEVCSLAYER 3 LICIH.NSE 'ro 1H.NABLE Warranty LIC -ADV FCOE VCS AND LAYER 3 ON 'rum, VDX8770 BR- SRA FCOE S/W LICIH.NSE FCOE License for Software VDX8770- VDX8870 VDX8770 Warranty LIC-FCOE Attachment D Page 309 of 471 Page 725 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA LAYER3 S/W LICIH.NSE LAYER3 license for the Software VDX8770- FOR VDX8770 VDX8770 Warranty LIC- LAYER3 BR- SRA (JPG LICIH.NSE'ro UPGRADE LICIH.NSE'ro Software VDX8770- ENABLE ADV SERVICE ENABLE ADVANCED Warranty I,IC-IJPG SERVICE ON VDX8770 BR- SRA VCS S/W LICIH.NSE FOR VCS License for Software VDX8770- VDX8770 VDX8770 Warranty LIC -VCS BR- SRA 8770 MANAG1-,".M1-,".N'r Management Module for I Year VDX8770- MODULE VDX 87704 and Warranty MM -1 VDX87708 BR- SRA 8770 SWITCH FABRIC Switch Fabric Module for I Year VDX8770- MODULE VDX 87704 and Warranty SIM -1 VDX87708 C5G124-24 Fixed 1-3 C5 STACK C5 STACK Limited 06/30/ 24X10/100/1000+4XSFP 24X10/100/1000+4XSFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5G124-24- Fixed 1-3 C5 STACK C5 STACK Limited 06/30/ G 24X10/100/1000+4XSFP 24X10/100/1000+4XSFP Lifetime 2022 'rAA 'rAA Warranty with express Advanced Hardware Replacern ent-2 C5G124- Fixed 1-3 C5 STACK C5 STACK Limited 06/30/ 24P2 24X10/100/1000A'rPOE+4 24X10/100/1000A'rPOE+ Lifetime 2022 XSFP 4XSFP Warranty with express Advanced Hardware Replacern ent-2 C5G124- Fixed 1-3 C5 STACK C5 STACK Limited 06/30/ 24P2 -G 24XI0/100/1000A,rPOE 24XI0/100/1000A,1'POE Lifetime 2022 'rAA 'rAA Warranty Attachment D Page 310 of 471 Page 726 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 311 of 471 Page 727 of 1515 with express Advanced Hardware Replacern ent-2 C5GI24-48 Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48XI0/100/10004-4XSFP 48XI0/100/10004-4XSFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5GI24-48- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ G 48XI0/100/10004-4XSFP 48XI0/100/10004-4XSFP Lifetime 2022 ,FAA FAA Warranty with express Advanced Hardware Replacern ent-2 C5GI24- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48P2 48XI0/100/1000A'rPOE+4 48XI0/100/1000A'rPOE+ Lifetime 2022 XSFP 4XSFP Warranty with express Advanced Hardware Replacern ent-2 C5GI24- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48P2 -C1 48XI0/100/1000A'rPOE+4 48XI0/100/1000A'rPOE+ Lifetime 2022 SI P,rAA 4SFP,rAA Warranty with express Advanced Hardware Replacern ent-2 C5KI25-24 Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 24XI0/100/10004-2XSFPP 24XI0/100/10004-2XSFP Lifetime 2022 P Warranty with Attachment D Page 311 of 471 Page 727 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 312 of 471 Page 728 of 1515 express Advanced Hardware Replacern ent-2 C5KI25-24- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ G 24XI0/100/10004-2XSFPP 24XI0/100/10004-2XSFP Lifetime 2022 ,FAA P rFAA Warranty with express Advanced Hardware Replacern ent-2 C5KI25- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 24P2 24XI0/100/1000A'rPOE+2 24XI0/100/1000A'rPOE+ Lifetime 2022 SI PP 2SFPP Warranty with express Advanced Hardware Replacern ent-2 C5KI25- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 24P2 -C1 24XI0/100/1000A,rPOE 24XI0/100/1000A,rPOE Lifetime 2022 ,FAA FAA Warranty with express Advanced Hardware Replacern ent-2 C5KI25-48 Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48XI0/100/10004-2XSFPP 48XI0/100/10004-2XSFP Lifetime 2022 P Warranty with express Advanced Hardware Replacern ent-2 C5KI25-48- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ G 48XI0/100/10004-4XSFP 48XI0/100/10004-4XSFP Lifetime 2022 ,FAA FAA Warranty with express Attachment D Page 312 of 471 Page 728 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 313 of 471 Page 729 of 1515 Advanced Hardware Replacern ent-2 C5KI25- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48P2 48XIO/100/1000A'rPOE+2 48XIO/100/1000A'rPOE+ Lifetime 2022 XSFPP 2XSFPP Warranty with express Advanced Hardware Replacern ent-2 C5KI25- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48P2 -CI 48XIO/100/1000A,rPOE 48XIO/100/1000A,rPOE Lifetime 2022 ,FAA FAA Warranty with express Advanced Hardware Replacern ent-2 C5KI75-24 Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 24XSFP4-2XSFPP 24XSFP4-2XSFPP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5KI75-24- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ G 24XSFP4-2XSFPP rFAA 24XSFP4-2XSFPP rFAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5K-24P2- Fixed 1-3 QTY 8 C5KI2524P2 Limited 06/30/ BUN BUNDLE Lifetime 2020 Warranty with express Advanced Attachment D Page 313 of 471 Page 729 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 314 of 471 Page 730 of 1515 Hardware Replacern ent C5K-48P2- Fixed 1-3 QTY 8 C5K12548P2 Limited 06/30/ BUN SALES BUNDLE Lifetime 2020 Warranty with express Advanced Hardware Replacern ent 051 -3 -I -IC Fixed 1-3 C5 ADVANCED C5 ADVANCED Software IPV4/IPV6 ROurING IPV4/IPV6 ROurING Warranty I.ICI- Ion SE LICIH.Ion SFS, CC SRA CONSOLE CABLE Console Port Serial Cable No (DB9F to DB9F) Warranty Straightthrough CI P2-,ro- SRA 100GIHH, CI P2 To QSFP28 100 GbE CI P2 to I Year 10/31/ QSFP28- CONVERSION MODULE QSFP28 conversion Warranty 2024 MOD module CNTR-DIV- SRA ci-,".NTER si-o'r CENTER si-o'r I Year MI -XE -16 DIVIDERSMLXE,16 DIVIDERS FOR'rum, Warranty CHASSIS MLXE,16 CHASSIS CNTR-DIV- SRA ci-,".NTER si-o'r CENTER si-o'r I Year MI -XE -32 DIVIDERSMLXE,32 DIVIDERS FO 'ILII: Warranty CHASSIS MLXE,32 CHASSIS CNTR-DIV- SRA ci-,".NTER si-o'r CENTER si-o'r I Year MLXE-4-8 DIVIDERSMI-XE4 DIVIDERS FO 'ILII: Warranty MI-XE8 M[-XE,4 AND M[-XE,8 CHASSIS Cs- Subscriptio CLOUD WI -AN mGmT CLOUD WLAN mGmT No WLANJP9 n JAPAN REG DOMAIN JAPAN REG DOMAIN Warranty Cs- Subscriptio CLOUD WI -AN mGmT CLOUD WLAN mGmT Software WLANNAM n FCC REG DOMAIN FCC REG DOMAIN Warranty 9 D2G124-12 Fixed 1-2 12 X 10/100/1000 FIXED 12 X 10/100/1000 FIXED Limited 03/31/ CONFIG 1-2 swrrCH CONFIG 1-2 swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 Attachment D Page 314 of 471 Page 730 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. D2GI24-12- Fixed 1-2 12 X 10/100/1000 1-2 12 X 10/100/1000 1-2 Limited 03/31/ G swrrCH rFAA swrrCH rFAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 D2GI24-12P Fixed 1-2 12 X 10/100/1000 FIXED 12 X 10/100/1000 FIXED Limited 03/31/ POE 1-2 swrrCH POE 1-2 swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 D2G124- Fixed 1-2 12 X 10/100/1000 POE 1-2 12 X 10/100/1000 POE Limited 03/31/ 12P -C1 swrrCH rFAA 1-2 swrrCH rFAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 D2- Fixed 1-2 D2 WALLMOUNTED No 12/31/ LOCKBOX LOCKBOX Warranty 2022 D2PO[--I-IC Fixed 1-2 POLICY LICIH.NSE FOR POLICY LICIH.NSE FOR Limited 04/01/ D2 swrrCHES D2 swrrcums Lifetime 2024 Warranty with express Advanced Hardware Replacern ent-2 D2-PWR- Fixed 1-2 EXTERNAL POE POWER EXTERNAL POE Limited 03/31/ POE BRICK FOR D2 POWER BRICK FOR D2 Lifetime 2022 swrrcum,s swrrcums Warranty with express Advanced Hardware Attachment D Page 315 of 471 Page 731 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 316 of 471 Page 732 of 1515 Replacem ent-2 D2-RM'r Fixed 1-2 D2 RACK MOUNT KIT No 12/31/ Warranty 2022 D2-,rB[-- Fixed 1-2 D2 UNDERTABLE No 12/31/ MN'r MO[JN'r KI'r Warranty 2022 1 D2-WAI,[-- Fixed 1-2 WALL MOUNT FOR D2 No 12/31/ MN'r Warranty 2022 Dl -,".MS -Al- Intrusion EMS APPLIANCE FOR 25 EMS APPLIANCE FOR I Year 09/30/ 25 Defense NODES 25 NODES Warranty 2020 Dl -,".MS -Al- Intrusion DEMSA125 HW ONLY DF -;l SA125 HW ONLY I Year 09/30/ 25R Defense FOR UPGRADES FOR UPGRADES Warranty 2020 Dl -,".MS -Al -IJ Intrusion EMS APPLIANCE WITH EMS APPLIANCE WITH I Year 09/30/ Defense NO NODE mcmr NO NODE mcmr Warranty 2020 RES,rRlc,r RE, s,rRlc,r DIPS -I E-'rx Intrusion DRAGON IPS ADDON I Year 09/30/ Defense 'rO DIPAFECOPPER FO Warranty 2020 DNIC- Intrusion 2PORT 10GIG FIBER NIC 2PORT 10GIG FIBER I Year 09/30/ 2XIOG-SR Defense NIC Warranty 2020 1 DNIC- Intrusion 4PORTTRIPLE SPD 4PORTTRIPLE SPD I Year 09/30/ 4POR'r-SX Defense FIBER NIC FIBER NIC Warranty 2020 DNIC- Intrusion 4PORT TRIPLE SPD CIJ 4PORT TRIPLE SPD CIJ I Year 09/30/ 4POR'r-'rX Defense NIC NIC Warranty 2020 DNICFO- Intrusion 4PORT FAILOPIH.N CIJ 4PORT FAILOPIH.N CIJ I Year 09/30/ 4POR'r-'rX Defense NIC NIC Warranty 2020 DNIC- Intrusion 2XIOG HIGH PRF NIC 2X I OG HIGH PRF NIC I Year 09/30/ HS2XIOG-S Defense FOR IDS/IPS MG FOR IDS/IPS MG Warranty 2020 1 DNIC- Intrusion 141CII-I PERF 4p'r NIC FOR HIGH PERF 4p'r NIC I Year 09/30/ I-IS4POR'r- Defense IDS/IPS MG FOR IDS/IPS MG Warranty 2020 SX DNIDS-V- Intrusion NETWORK IDS Software 09/30/ 100 Defense SOFTWARE 1001 3PS Warranty 2020 umn DNIDS-V- Intrusion NETWORK IDS Software 09/30/ 250 Defense SOFTWARE 250 M13PS Warranty 2020 umn DNIDS-V- Intrusion NETWORK IDS Software 09/30/ 500 Defense SOFTWARE 500 M13PS Warranty 2020 umn DNIPS-Al- Intrusion DNIPSAIGHWONLY DNIPSAIG HW ONLY I Year 09/30/ G R Defense FOR UPGRADES FOR UPGRADES Warranty 2020 DNIPS-Al- Intrusion INLINE IPS/IDS APPL 6 INLINE IPS/IDS APPL 6 1 Year 09/30/ MG Defense C113PS (NIC REQ) C113PS (NIC REQ) Warranty 2020 1 DSEMS7- Intrusion DRAGON T".NTERPRISE I Year 09/30/ ME Defense MANAGl-,".mI-,".N'r Warranty 2020 SOF'rWARE Attachment D Page 316 of 471 Page 732 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. DSEMS7-SE Intrusion DRAGON ENTERPRISE I Year 09/30/ Defense MANAG1-,"M-,".N'r Warranty 2020 SOF'rWARE EB1639193 FAN IDE IGNITION SERVER IDE IGNITION SERVER Software 12/31/ LARGE LARCH-,", Warranty 2021 EB 1639194 FAN IDE IGNITION SERVER IDE IC1NIrriON SERVER Software 12/31/ SMALL SMALL Warranty 2021 EB1639195 FAN IDE GUEST and io'r IDE GUEST and io'r Software 12/31/ MANAG1-,R MANAGE, It Warranty 2021 EB1639197 FAN IDETACACS+ IDETACACS+ Software 12/31/ Warranty 2021 EB1639245 FAN IDE IGNITION SERVER IDE IGNITION SERVER Software 12/31/ u'rE u'rE Warranty 2021 1 EC1100010- FAN ONA I 101G'r ONA I 101G'r ITT loon I Year E6 BASET POR,r.op,rN[- Warranty AC ADAP'rER SOLD SEPARA'rEI-Y. EC4005A03- FAN VSP 4450 TAC PSIJ NO VSP 4450 Limited E6H'r POWERCORD HIGurri-,".mPAC POWER Lifetime SUPPLY (JNI'r NO Warranty POWERCORD with express Advanced Hardware Replacem ent EC4400004- FAN 4450GSXDC Virtual Services Platform Limited 11/30/ E6 4450GSXPWR+ with 36 Lifetime 2024 port 100/1000 Mbps SIP Warranty 12 port 10/100/1000 plus with 2 MOG SI P+ ports. Inc. express Base Software License I Advanced Field replaceable 30OW Hardware PS [J. Replacem ent EC440OA03- FAN 4450G'rxP'rPWR+ NO Virtual Services Platform Limited E6 POWERCORD 4450G'rxurrPWR+ High Lifetime temperature with 48 port Warranty 10/100/1000 802.3at with PoE+ plus 2 MOG SI P+ express ports. Inc. Base Software Advanced License I Field Hardware replaceable 1000W PS(J. Replacem (No Power Cord) ent Attachment D Page 317 of 471 Page 733 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC440OA05- FAN VSP4450GSXPWR+ NO Virtual Services Platform Limited E6 PC 4450GSXPWR+ with 36 Lifetime port 100/1000 Mbps SFP Warranty 12 port 10/100/1000 with 802.3at PoE+ plus 2 express MOG SFP+ ports. Inc. Advanced Base Software License I Hardware Field replaceable 1000W Replacem PSU. 0 PC) ent EC4400A05- FAN VSP4450GSXPWR NO PC Virtual Services Platform Limited E6GS 4450GSXPWR+ with 36 Lifetime port 100/1000 Mbps SIP Warranty 12 port 10/100/1000 with 802.3at PoE+ plus 2 express MOG SFP+ ports. Inc. Advanced Base Software License I Hardware Field replaceable 1000W Replacem PS(J. No Power Cord) ent EC4800078- FAN VSP4850G'rS DC VSP4850G'rS DC Limited 11/30/ E6 Lifetime 2024 Warranty with express Advanced Hardware Replacem ent EC4800078- FAN VSP4850G'rS DC VSP4850G'rS LSC 'rAA Limited 11/30/ E6GS Lifetime 2024 Warranty with express Advanced Hardware Replacem ent EC4800A78- FAN VSP4850G'rS NO PC VSP4850G'rS NO PC Limited 11/30/ E6 Lifetime 2024 Warranty with express Advanced Hardware Replacem ent Attachment D Page 318 of 471 Page 734 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC4800A88- )ELAN VSP485OGTsPWR+ NO VSP485OGTsPWR+ NO Limited 11/30/ E6 PC PC Lifetime 2024 Warranty with express Advanced Hardware Replacern ent EC4800A88- )ELAN VSP485OGTsPWR+ NO VSP485OGTsPWR+ NO Limited 11/30/ E6GS PC Pc'rAA Lifetime 2024 Warranty with express Advanced Hardware Replacern ent EC72000IF- EAN VSP 7254XSQ F2B DC Virtual Services Limited E6 PSU 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacern ent EC72000IF- EAN VSP 7254XSQ F2B DC Virtual Services Limited E6GS PSIJ GSA 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacern ent EC720002F- EAN VSP 7254X-rQ F2B DC Virtual Services Limited E6 PSU 7254X,rQ with 48 x Lifetime 100M/IG/10G RJ45 and 6 Warranty x 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacern ent Attachment D Page 319 of 471 Page 735 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC720002F- EAN VSP 7254X-rQ F2B DC Virtual Services Limited E6GS PSIJ GSA 7254X,rQ with 48 x Lifetime 100M/IG/10G RJ45 and 6 Warranty x 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacem ent EC720OAlB EAN VSP 7254XSQ B2F AC Virtual Services Limited -E6 PSIJ NO PC 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OAlB EAN VSP 7254XSQ B2F AC Virtual Services Limited -E6GS PSIJ NO PC GSA 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC7200AIF- EAN VSP 7254XSQ F2B AC Virtual Services Limited E6 PSIJ NO PC 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC7200AIF- EAN VSP 7254XSQ F2B AC Virtual Services Limited E6GS PSIJ NO PC GSA 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent Attachment D Page 320 of 471 Page 736 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC720OA2B EAN VSP 7254X-rQ B2F AC Virtual Services Limited -E6 PSIJ NO PC 7254X,rQ with 48 x Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OA2B EAN VSP 7254X-rQ B2F AC Virtual Services Limited -E6GS PSIJ NO PC GSA 7254X,rQ with 48 x Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OA2F- EAN VSP 7254X-rQ F2B AC Virtual Services Limited E6 PSIJ NO PC 7254X,rQ with 48 x Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OA2F- EAN VSP 7254X-rQ F2B AC Virtual Services Limited E6GS PSIJ NO PC GSA 7254X,rQ with 48 x Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OA3B EAN 7254XSQ AC B2F 24 Virtual Services Limited -E6 IOG4 40G PR'r 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent Attachment D Page 321 of 471 Page 737 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC720OA3F- FAN 7254XSQ AC F2B 24 Virtual Services Limited E6 IOG4 40G PR'r 7254XSQ with 48 x Lifetime ICl/IOG SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent EC720OA4B FAN 7254X-rQ AC B2F 24 Virtual Services Limited -E6 IOG4 40G PR'r 7254X,rQ with 48 x Lifetime IOOM/ICl/IOG RJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent EC720OA4F- FAN 7254X-rQ AC F2B 24 Virtual Services Limited E6 IOG4 40G PR'r 7254X,rQ with 48 x Lifetime IOOM/ICl/IOG RJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent EC7200BTF- FAN VSP 7200 SPARE FAN VSP 7200 Limited E6 MODULE B2F BACK2FRON'r SPARE, Lifetime FAN'rRAY Warranty with express Advanced Hardware Replacem ent EC7200F'rB- FAN VSP 7200 SPARE FAN VSP 7200 Limited E6 MODULE F2B FRON'r2BACK SPARE, Lifetime FAN'rRAY Warranty with express Advanced Hardware Replacem ent Attachment D Page 322 of 471 Page 738 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC7205AOB )ELAN VSP 7200 80OW AC PSIJ VSP 7200 80OW AC Limited -E6 B2F (NO PC) POWER SUPPLY BACK Lifetime -rO FRON-r (No POWER Warranty CORD) with express Advanced Hardware Replacer ent EC7205AOF- )ELAN VSP 7200 80OW AC PSIJ VSP 7200 80OW AC Limited E6 F2B (NO PC) POWER SUPPLY Lifetime FRON-r -rO BACK (NO Warranty POWER CORD) with express Advanced Hardware Replacer ent EC7205AIB )ELAN VSP 7200 460W AC PSIJ VSP 7200 460W AC Limited -E6 B2F (NO PC) POWER SUPPLY BACK Lifetime -rO FRON-r (No POWER Warranty CORD) with express Advanced Hardware Replacer ent EC7205AIF- )ELAN VSP 7200 460W AC PSIJ VSP 7200 460W AC Limited E6 F2B (NO PC) POWER SUPPLY Lifetime FRON-r -rO BACK (NO Warranty POWER CORD) with express Advanced Hardware Replacer ent EC7205EOF- )ELAN VSP 7200 80OW AC PSIJ VSP 7200 80OW AC Limited E6 F2B NO PC ERA'rE POWER SUPPLY Lifetime FRON'r'rO BACK NO Warranty P CORD ERA'rE with ONLY express Advanced Hardware Replacer ent Attachment D Page 323 of 471 Page 739 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8005001- FAN VSP 7200 8000 80OW DC VSP 7200 8000 80OW DC I Year E6 PSIJ F'rB COOL POWER SUPPLY F'rB Warranty COOLING EC8005A01- FAN VSP 8000 100240V AC VSP 8000 100240V I Year E6 PSIJ (No PC) 80OW AC Power Supply Warranty No power cord) EC8011002- FAN VSP 8K Chas Rck Mnt it VSP 8000 Chassis I Year E6 300900mm Universal Slide Rack Warranty Mount Kit (300mm 900mm) EC8011003- FAN VSP 8000 Chassis PS Filler VSP 8000 Chassis Power I Year E6 Panel Supply Filler Panel Warranty EC8011004- FAN VSP 8200 CHASSIS VSP 8200 CHASSIS I Year E6 SPARE, IRAN 'rRAY SPARE IRAN 'rRAY Warranty EC8011005- FAN VSP 8400 CHASSIS VSP 8400 CHASSIS I Year E6 SPARE, FAN MODULE SPARE FAN MODULE Warranty (QuAyrrry i) EC820OA01- FAN VSP 8284XSQ AC PS No Virtual Services Platform Limited E6 PC 8284XSQ with 80 IOG Lifetime SI P+ and 4 40G QSFP+ Warranty ports 1 800 W AC PS (no with PC). Must order I Slide express Rack Mount kit Advanced separately. Note Includes Hardware Base License Fan 'trays. Replacern Pluggable transceivers ent sold separately. EC820OA01- FAN VSP 8284XSQ AC PS No Virtual Services Platform Limited E6GS PC GSA 8284XSQ with 80 IOG Lifetime SI P+ and 4 40G QSFP+ Warranty ports 1 800 W AC PS (no with PC). Must order I Slide express Rack Mount kit Advanced separately. GSA Version. Hardware Note Includes Base Replacern License Fan drays. ent Pluggable transceivers sold separately. EC8400002- FAN 8404C CHASSIS 4 SI-o'rs VSP 8400C 100G chassis I Year E6 I DC PS with 4 10 module slots I Warranty 800 W DC power supply included EC840OA02- FAN 8404C CHASSIS 4 SI-o'rs VSP 8400C 100G chassis I Year E6 I AC PS NO PC with 4 10 Module slots I Warranty 800 W AC power supply included No over cord) Attachment D Page 324 of 471 Page 740 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8400A02- FAN 84040 CHASS 4 si.6'r I VSP 84000 100G chassis I Year E6GS AC PS NO PC GSA with 4 10 Module slots I Warranty 800 W AC power supply included No power cord) EC8400E02- FAN 84040 CHAS 4 si.o,rs I 84040 CHASSIS 4 1 Year E6 AC PS NO PC ERA'rE SI-o'rs I AC PS PWR Warranty CORD ERA'rE ONLY 4 FANS NO PWR CORD ERA'rE ONLY EC8404001- FAN 8424XS ESM 24 PORT VSP 8400 24 port I/1001 I Year E6 I/1001 SI P+ SI P+ 10 Module Warranty EC8404001- FAN 8424XS 24 PORT I/1001 8424XS ESM 24 PORT I Year E6GS SI P+ GSA I/1001 SFP+ GSA Warranty VERSION EC8404002- FAN 8424X,1 ESM VSP 8400 24 port I/10G I Year E6 24x I 00M/1 G/1 OG BASET Copper 10 Module Warranty EC8404002- FAN 8424X,1 24x100M/1G/10G 8424X,1 ESM 24 PORT I Year E6GS BASET GSA 1001 /1G/10GBASE'r Warranty GSA VERSION EC8404003- FAN 8408QQ ESM 8 PORT 40G VSP 8400 8 port 400.1 I Year E6 QSFP+ QSFP+ 10 Module Warranty EC8404003- FAN 8408QQ 8 PORT 40G 8408QQ ESM 8 PORT I Year E6GS QSFP+ GSA 40G QSFP+ GSA Warranty VERSION EC8404005- FAN 8418XSQESM 16x1/10G VSP 8400 16 port I/10G I Year E6 SI P+2x40G QSFP+ SI P+ and 2 port 400.1 Warranty QSFP+ combination 10 Module EC8404005- FAN 8418XSQ 16x1/1001 8418XSQ ESM 16 PORT I Year E6GS SI P+2x40G QSFP+GSA I/1001 SFP+2 PORT 40G Warranty QSFP+ COMBO GSA VERSION EC8404006- FAN 8418x-rQ 16 PT I/10G VSP 8400 16 port I/10G I Year E6 CIJ2 P -r 40G QSFP+ Copper and 2 port 40G Warranty QSFP+ combination 10 Module EC8404006- FAN 8418x -1Q 16 I/1001 CI12 8418x -1Q ESM 16 PORT I Year E6GS 40G QSFP+ GSA I/10G BASE -r () 2 POR'- Warranty 40G QSFP+ GSA EC8404007- FAN 8424GS 24 PORT VSP 8400 24 port I Year E6 100M/IG SIP 100/1000 Mbps SIP 10 Warranty Module EC8404007- FAN 8424GS 24 PORT 8424GS ESM 24 PORT I Year E6GS 100M/IG SIP GSA 100M/IG SIP GSA Warranty Attachment D Page 325 of 471 Page 741 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8404008- FAN 8424G,r 24 PORT VSP 8400 24 port I Year E6 1OM/1OOM/1G CIT 10/100/1000 Mbps Warranty Ccs er 10 Module EC8404008- FAN 8424G,r 24 PORT 8424G,r ESM 24 PORT I Year E6GS lOM/1OOM/1G CIJ GSA IOM/ZOOM/1G BASET Warranty GSA EC8404009- FAN 8402CQ ESM 2 PORT VSP 8400 2 port 1000I0 1 Year E6 ING QSFP28 Module Warranty EC8404009- FAN 8402CQ ESM 2 PORT 8402CQ ESM 2 PORT I Year E6GS ING QSFP28 GSA ING QSFP28 GSA. Warranty 'rRANSCEIVERS NO'r INCL EC8411002- FAN VSP 8404 ESM FILLER VSP 8400 E'rPTRNET I Year E6 PANEL swrrCH MODULE Warranty FILLER PANEL EC8602001- FAN VSP8608 Chassis includes VSP8608 Chassis I Year E6 5 Fan 'rrays includes 5 Fan 'rrays Warranty EC8602002- FAN VSP8608 Bundle. Inc] VSP8608 Bundle. Inc] I Year E6 3xSF 4xACPSI1 3xSF 4xACPSI1 Warranty EC8602003- FAN VSP8608 Bundle. Inc] VSP8608 Bundle. Inc] I Year E6 3xSF 4xDCPSI1 3xSF 4xDCPSI1 Warranty EC8604001- FAN VSP8608 Switch Fabric VSP8608 Switch Fabric I Year E6 Module Module required for Warranty Fabric Slots 57 EC8604002- FAN 8624XS IOC 24x1G/1OG 8624XS 24 port lG/1OG I Year E6 SI P+ SI P+ IOC Module Warranty EC8604003- FAN 8624X,r 166 8624X,r 24 port I Year E6 24x I OOM/1 G/1 OG BASE'r 1OOM/1G/1OGBASE'r Warranty IOC Module EC8604004- FAN 8616QQ IOC 16x4OG 8616QQ 16 port 40G I Year E6 QSFP+ QSFP+ IOC Module Warranty EC8604005- FAN 8606CQ IOC 6x1OOG 8606CQ 6 port I OOG I Year E6 QS P28 QSFP28 IOC Module Warranty EC8605A0I- FAN VSP8608 3000W AC PSIJ VSP8608 3000W AC I Year E6 No Power Cord) PSIJ No Power Cord) Warranty EC8605A02- FAN VSP8608 2500W DC PSIJ VSP8608 2500W DC I Year E6 No Power Cord) PSIJ No Power Cord) Warranty EC8611001- FAN VSP8608 Spare Fan VSP8608 Spare Fan I Year E6 Module Module Warranty EC8611002- FAN VSP8608 Spare IOC Filler VSP8608 Spare IOC I Year E6 Panel Filler Panel Warranty EC8611003- FAN VSP8608 Spare PSIJ Filler VSP8608 Spare PSIJ I Year E6 Panel Filler Panel Warranty EC8611004- FAN VSP8608 Chassis Rack VSP8608 Chassis Rack I Year E6 Mount it Mount it Warranty Attachment D Page 326 of 471 Page 742 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8611005- FAN VSP8608 Cable Guide Kit VSP8608 Cable Guide Kit I Year E6 Warranty EC8611006- FAN VSP8608 PSIJ Cover VSP8608 PSIJ Cover I Year E6 Warranty EIO-03 Smart E1003 Underseat Mounting I Year OmniEdge Solution for AP560i Warranty Wireless EIO-03-SP Smart E1003SP Service Panel for No OmniEdge AP560i/AP560h Warranty Wireless EN- - SRA IP ADD ON [.ICI -,".NSE 100 Adds IP management SW Software 11/20/ N'rWADV- DEVICES license FOR 100 devices Warranty 2020 IP -100 Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. EN- - SRA IP ADD ON [.ICI -,".NSE Adds IP management SW Software 11/20/ N'rWADV- 1000 DEVICES license for 1000 devices Warranty 2020 IP -1000 Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. EN- - SRA IP ADD ON [.ICI -,".NSE 500 Adds IP management SW Software 11/20/ N'rWADV- DEVICES license for 500 devices Warranty 2020 IP -500 Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. EN- - SRA ip mGmT SWI IT INT IP management SW Software 11/20/ N'rWADV- ORDER50DEVICES license for up to 50 Warranty 2020 IP -BASE devices required for initial purchase of IP only management minimum of one year support is requir d. EN- - SRA POWER CORD CHINA POWER CORD CHINA No PC15CHINA PRC/3/16'ro cig 16A PRC/3/16'ro cig 16A Warranty EN- - SRA POWER CORD CHINA POWER CORD CHINA No PC15CHINA IEC309'ro cig 16A 2 IEC3 09 'ro C19 16A 2 Warranty -IEC309 EN- - SRA POWER CORD B15K Power Cord for RPS4 and No PC I 5E(JRO EUROPEAN SIACPWR European Warranty version Attachment D Page 327 of 471 Page 743 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EN- SRA POWER CORD INDIA POWER CORD INDIA No PC151NDIA- BS1363 'ro cig 13A 2 BS1363 'ro cig 13A 2 Warranty BS1363 EN- SRA POWER CORD INDIA Power cord uses British No PC151NDIA- B S546 'ro C19 16A 25 Standard plug for use in Warranty BS546 India (reseller Dlink) and South Africa. F,,N-PC151JK SRA POWER CORD B15K IJK Power Cord for RPS4 and No VERSION SIACPWR United Warranty Kingdom version EN- SRA POWER CORD B15K US Power Cord for RPS4 and No PC151JSA VERSION SIACPWR USA version Warranty NEMA 520P Plug (20amp) EN- SRA ACCESSORY RPS4 250v Cord for RPS4 and No PC151JSA- POWER CORD USA SIACPWR USA version Warranty NEMA615 VERSION NEMA 615P Plug (15 amp) EN-PCA1JS SRA PC RPS5/8/9RPSX424 POWER CORD FOR No RPSX448 A(Js,rRAIIA USE IN A(Js,rRAIIA Warranty F,,N-PCAIJS- SRA POWER POWER No EPS CORDA(Js,rRAIIA15A25 CORDA(Js,rRAI-IA15A2 Warranty 0V 50V EN -PC- SRA PWRCDC13/C14 15A C13/C14 15A Power Cord No C13C14 POWERCORD Warranty EN- SRA PC RPS9CHINA10A PC RPS9CHINA10A No PCCHINA- 250VAC INPur 250VAC INPur Warranty 250 EN- SRA POWER POWER CORD CHINA No PCCHINA2- CORDCHINAIEC309'ro IEC309'ro C13 10A Warranty IEC309 C131OA250V 250V EN- SRA POWER CORD CHINA Power Cord China No PCCHINA- IEC309'ro C13 10A I IEC309'ro C13 10A Warranty IEC309 I I OV 2.51 EN- SRA PC FOR RPS2/3/5/9 Power Cord for No PCEIJRO EUROPEAN VERSION RPS2/3/5/9 European Warranty version EN- SRA POWER POWER No PCEIJRO- CORDE(JRO16A250V COI DE(JR016A250VC Warranty EPS EF,", 7/7 E(JROPCI91.8MR6 EN- SRA SINGLE 6 Four AC SINGLE 6 Four AC No PCINDIA POWERCORD ISO R POWERCORD ISO R Warranty INDIA INDIA Attachment D Page 328 of 471 Page 744 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EN- SRA POWER POWER No PCINDIA- CORDINDIA16A250V CORDINDIA16A/250V Warranty EPS EN- SRA PWRCDI,rAI-YI0A250V2. PWRCDI,rAI-YI0A250V No Pci,rAI,Y- 5MCEI 2316/C13 2.5MCEI 2316/C13 Warranty CEI EN- SRA PC FOR RPS2/3/5/9 Power Cord for No PCJAPAN JAPAN VERSION RPS2/3/5/9 Japan version Warranty EN- SRA POWER CORD IEC 320 Power Cord IEC 320 C19 No PCJAPAN- 019 'rO NEMA 515 JAP to NEMA 515 Japan PSE Warranty C 19 certified EN- SRA POWER POWER No PCJAPAN- CORDJAPAN15A250V CORDJAPAN15A250V Warranty EPS EN- SRA POWER POWER CORD SWISS No PCSWISS- CORDSWISSIOA250VHA SEV101 I 'ro C13 10A Warranty C 131201-1-117 LOCHH.NFREE, 250V HALOCHH.NFREE, EN-PC(JK SRA PC FOR RPS2/3/5/9 UK Power Cord for No VERSION RPS2/3/5/9 United Warranty Kingdom version F,,N-PCIJK- SRA POWER POWER No EPS CORDI1K13A250V CORDI1K13A250V Warranty F,,N-PCIJSA SRA PC RPS2/3/5/9(1SA NEMA Power Cord for No 515PIOA/125V RPS2/3/5/9 USA version Warranty 910 10 F,,N-PCI1SA2 SRA POWER CORD USA POWER CORD USA No NEMA515/C13 13A 125V Nl-,".MA515/CI3 13A Warranty 125V F,,N-PCIJSA- SRA PC FOR RPS2/3/5/9 USA Power Cord for No 31 VERSIOMmi-,".'rER RPS2/3/5/9 USA version Warranty NEMA 515P Plug (15amp)a F,,N-PCIJSA- SRA POWER CORD IEC Power Cord IEC No C 19C20 60320019 '103 IEC 60320019 to IEC Warranty 6032002 60320020 250V 20A F,,N-PCIJSA- SRA PWR CRD IEC 60320019 Power Cord IEC No C191 -620P LCKNG NEMA 1.620P 60320019 to locking Warranty Nema 1-620P 250V 20A F,,N-PCIJSA- SRA POWER CORD FOR Power Cord for use with No NEMA620 SXACPWR2500POE VDX 8770. NEMA 6/20 Warranty specification. F,,N-S[-X- SRA SIA 903048S with no PS Extreme SIA 903048S I Year 9030 -48S -4C and no fans with No Power supplies Warranty No fans Supports 4 8 x 10 C11HY I CA,", + 4 x 10 0 GIHA 0 GE Attachment D Page 329 of 471 Page 745 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. F,,N-S[-X- SRA SLX 903048S AC Front to Extreme SLX 903048S I Year 9030-485- Back Airflow Switch AC with Front to Warranty 4C -AC -F Back Airflow Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 903048S AC Back to Extreme SLX 903048S I Year 9030-485- Front Airflow Switch AC with Back to Warranty 4C -AC -R Front Airflow Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 903048'1, with no PS Extreme SLX 903048'1, I Year 9030-48'1-4C and no fans IOC113ase'r Switch with Warranty No Power supplies No fans Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 903048'1, AC Front to Extreme SLX 903048'1, I Year 9030-48'1- Back Airflow IOC113ase'r Switch AC Warranty 4C -AC -F with Front to Back Airflow Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 903048'1 AC Back to Extreme SLX 903048'1 I Year 9030-48'r- Front Airflow IOC113ase'1 Switch AC Warranty 4C -AC -R with Back to Front Airflow Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 9030 Advanced SLX 9030 Advanced Software 9030 -ADV- Feature License Feature License Warranty LIC -P F,,N-S[-X- SRA 24X I OCIF,",44X I OOCIIH, Extreme SLX 964024S I Year 9640-245 ROurER Router. Supports Warranty 2 4 x 10 C11HY I CIIH, + 4xIOOC!I-,"./40C!I-,".. (24S+4C sku no Power supplies or Fans) F,,N-S[-X- SRA 24X I OCIIH,+ I 2X I OOCIIH, Extreme SLX 964024S I Year 9640-245- ROurER Router. Supports Warranty 12C 2 4 x 10 C11HY I CIIH, + 12xIOOC!I-,"./40C!I-,".. (All ports 24S+12C sku with no Power supplies or Fans) Attachment D Page 330 of 471 Page 746 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. F,,N-S[-X- SRA 24X I OCIF,",+ I 2X I 00CHH, Extreme SLX 9640245 I Year 9640-24S- ROurER AC PR'rSD Router AC with Front to Warranty 12C -AC -F IN'rK Back airflow. Supports 2 4 x 10 C11HY I GIH, + 12x 10 0 C11HY4 0 Gl-,",. (I Power supply 6 Fans) F,,N-S[-X- SRA 24X I 0G1 -,",+4X I 00CHH, Extreme SLX 964024S I Year 9640-24S- ROurER AC PR'rSD Router AC with Front to Warranty AC -F IN'rK Back airflow. Supports 2 4 x 10 C11HY I GIH, + 4x100G1-,"./40G1-,"..(1 Power supply 6 Fans) F,,N-S[-X- SRA EXT SW LICIH.NSE'ro Extreme SLX 9640 Ports Software 9640-4C- ENABLE 4 POR'r of 100G on Demand License for 4 Warranty POD -P ports of 100C1F,/40CIF,". Uplinks F,,N-S[-X- SRA EXTERNAL SW Extreme SLX 9640 Software 9640 -ADV- I -ICI -,".NSE 'r C3 ENABLE Advanced Feature License Warranty LIC -P ADV LIC EN -SX- SRA POWER CORD FOR USE POWER CORD FOR No PCAIJS IN A(Js,rRAIIA/NEW USE IN Warranty ZEAL A(Js,rRAIIA/NEW ZEAL EWC-INCR- SRA EWC ADDITIONAL 100 Workflow Composer 100 Software 100 'rARCHH.'rs targets addon Warranty EWC-s,rD- SRA EWC sm WITH HA Workflow Composer Software HA -100 Standard Software with Warranty HA includes loo 'rargets EXOS- Smart X465 EXOS CORE, Feature Core Feature Pack for Software CORE -FP- OmniEdge Pack ExtremeSwitching X465 Warranty X465 Switching EXOS- Smart X465 EXOS MACsec MACsec Feature Pack for Software MACSEC- OmniEdge Feature Pack ExtremeSwitching X465 Warranty FP -X465 Switching EXOS- Smart X465 EXOS MPLS Feature MPLS Feature Pack for Software MPI -S -FP- OmniEdge Pack ExtremeSwitching X465 Warranty X465 Switching EXOS- Smart X590 EXOS MPLS Feature MPLS Feature Pack for Software MPDS -FP- OmniEdge Pack ExtremeSwitching X590 Warranty X590 Switching CBCT-24'rX Fixed 1-3 G3 1/0 CARD 24'rX 2 Lifetime 09/30/ SFP COM130 POR'rs Warranty - 2020 NBD Delivery G31PV6-I-IC Fixed 1-3 G3 IPV6 ROOFING G3 IPV6 ROFFING Software 08/30/ I,ICI-,".NSE LICIH.NSE Warranty 2024 Attachment D Page 331 of 471 Page 747 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. G31 -3 -1 -IC Fixed 1-3 G3 ADV. ROuTING G3 ADV. ROFFING Software 08/30/ I -ICI -,".NSE PIM OSPF LICIH.NSE PIM OSPF Warranty 2024 VRRP VRRP 13H-12,rx Fixed 1-2 INDUSTRIAL SWITCH 12 INDUSTRIAL SWITCH I Year 06/30/ P'r 10/100 I/O CARD 12 P'r 10/100 I/O CARD Warranty 2020 131-1252- Fixed 1-2 FACTORY FACTORY 5 Year 06/30/ 12'rx CONFIGURE D 131-125202 CONFIGURE D Warranty 2020 13 H 12'rx 131125202 131-112'rx 1311252- Fixed 1-2 16 PORT 100BASEFX 16 PORT 100BASFYX 5 Year 06/30/ 16FXM ISI RIES swrrCH ISE IES swrrCH Warranty 2020 1311252- Fixed 1-2 FACTORY FACTORY 5 Year 06/30/ 24'rx CONFIGURED 24 P'r CONFIGURE D 24 P'r Warranty 2020 10/100 ISERIES 10/100 ISI RIES 1311252- Fixed 1-2 8 l00BAS1-,TX 12 'rx 8 100BASEFX 12'rx 5 Year 06/30/ 8FXM-12,rx ISI RIES swrrCH ISE IES swrrCH Warranty 2020 13H-8FX- Fixed 1-2 INDUSTRIAL SWITCH 8 INDUSTRIAL SWITCH 5 Year 06/30/ MM P'r MIDI FX 1/0 CARD 8 P'r MMFFX 1/0 CARD Warranty 2020 13H -DIN- Fixed 1-2 DIN RAIL KIT FOR DIN RAIL KIT FOR No 06/30/ Krr ISI RIES swrrCH ISIS RIES swrrCH Warranty 2022 13H-PWR Fixed 1-2 24VDC POWER UNIT I Year 06/30/ FOR ISI RIES swrrCH Warranty 2020 13H -RACK- Fixed 1-2 19 RACK MOUNT KIT 19 RACK MOUNT KIT No 06/30/ MN'r FOR ISI RIES swrrCH FOR ISE IES swrrCH Warranty 2022 IA -A-20 Enterasys ID1-,".N'rrrY ACCESS IF 1-,".N'rTrY ACCESS I Year 12/29/ Sentinel APPLIANCE 3000 ES APPLIANCE 3000 ES Warranty 2022 1 IA -A-300 Enterasys IA HW APPLIANCE FOR IA HW APPLIANCE I Year 12/29/ Sentinel EN'rERPRISE FOR EN'rERPRISE Warranty 2022 LICIH.NSING LICIH.NSING IA -ES -12K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel I -ICI -,".NSE FOR 12K ES LICIH.NSE FOR 12K ES Warranty IA -ES -1K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel I -ICI -,".NSE FOR lK ES LICIH.NSE FOR lK ES Warranty IA -ES -3K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel I -ICI -,".NSE FOR 3K ES LICIH.NSE FOR 3K ES Warranty IA -GIM -12K NAC G(JEs'r16'rMNGR NAC Software ONBOARDING 12K G(JES'rio'rmANAG1-,R Warranty IJSERS/I-,".S FOR ONBOARDING 121 (1SERS/1-,".NDsYs'rEMS IA -GIM -1K NAC G(JEs'r16'rMNGR NAC Software ONBOARDING lK G(JES'rio'rmANAG1-,R Warranty IJSERS/I-,".S FOR ONBOARDING lK (1SERS/1-,".NDsYs'rEMS IA -GIM -3K NAC G(JEs'r16'rMNGR NAC Software ONBOARDING 3K G(JES'rio'rmANAG1-,R Warranty IJSIS RS/I-,".S Attachment D Page 332 of 471 Page 748 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 333 of 471 Page 749 of 1515 FOR ONBOARDING 3K (1SERS/1-,".NDsYs'rEMS IA -PA -12K Enterasys IA 12000 ES SEC IA 12000 ES SEC Software Sentinel Pos,r(JRE ASSESsmEN'r Pos'ruRE Warranty LIC ASSESsmEN'r uc IA -PA -3K Enterasys IA 3000 ES SEC IA 3000 ES SEC Software Sentinel Pos,r(JRE ASSESsmEN'r Pos'ruRE Warranty LIC ASSESsmEN'r uc I-MGBIC- Fixed 1-2 INDUSTRIAL 1000[-X INDusTRIAL 1000[-X I Year CTX SIP SIP Warranty I-MGBIC- Fixed 1-2 INDUSTRIAL 1000SX INDUSTRIAL 1000SX I Year GSX SIP SIP Warranty I-MGBIC- Fixed 1-2 KM 1000BASEI-X MM KM 1000BASE-I-X, MM I Year LC03 Warranty K10- Modular K10 192 PORT TRIPLE Limited 04/30/ 192,rRpi-- 1-3 S D B UN D LE Lifetime 2024 BUN Switching Warranty - 10 Business Day Ship K10- Modular KSIS RIES To si-6'r KSERIES To si-6'r Limited 04/30/ CHASSIS 1-3 CHASSIS AND FAN CHASSIS AND FAN Lifetime 2024 Switching FRAY 'TRAY Warranty - 10 Business Day Ship K10 -FAN Modular K10 FANTRAY K10 FANTRAY Limited 04/30/ 1-3 Lifetime 2024 Switching Warranty - 10 Business Day Ship K10 -MID- Modular K 10 MI DMO UNT KIT I Year 04/30/ Krr 1-3 Warranty 2024 Switching K6-120SFP- Modular K6 120 PORT SIP Limited 04/30/ BUN 1-3 BUNDLE Lifetime 2024 Switching Warranty - 10 Business Day Ship K6- Modular KSIS RIES 6 si.6'r KSERIES 6 si.6'r Limited 04/30/ CHASSIS 1-3 CHASSIS AND FAN CHASSIS AND FAN Lifetime 2024 Switching FRAY 'TRAY Warranty - 10 Attachment D Page 333 of 471 Page 749 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 334 of 471 Page 750 of 1515 Business Day Ship K6 -FAN Modular K6 FANTRAY K6 FANTRAY Limited 04/30/ 1-3 Lifetime 2024 Switching Warranty - 10 Business Day Ship K6 -MID- Modular K6 MIDMOUNT KIT I Year 04/30/ Krr 1-3 Warranty 2024 Switching K -AC -PS Modular KSERIES POWER KSERIES POWER I Year 04/30/ 1-3 SUPPLY SUPPLY Warranty 2024 Switching K-EOS-1-3 Modular ADVANCED ROFFING ADVANCED ROFFING Software 04/30/ 1-3 IICI-,".NSE LICIH.NSE Warranty 2024 Switching K-EOS-PPC Modular KSERIES PER PORT KSERIES PER PORT Software 04/30/ 1-3 USER CAPACI'ry USER CAPACrry Warranty 2024 Switching I.ICI-,".NSE LICIH.NSE K-EOS-VSB Modular ISE IES VSB LICIH.NSE ISE IES VSB LICIH.NSE Software 04/30/ 1-3 Warranty 2024 Switching KG2001- Modular K 24 PORT IGB SFP IOM K 24 PORT IGB SFP Limited 04/30/ 0224 1-3 IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KG2001- Modular K 24 PORT IGB SFP IOM K 24 PORT IGB SFP Limited 04/30/ 0224-G 1-3 IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K 4 PORT l0GB SFP+ K 4 PORT 10GB SFP+ Limited 04/30/ 0204 1-3 IOM IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K6 mcmr/FABRIC W 4 K6 mcmr/FAB RIC W 4 Limited 04/30/ 0204-F 1 1-3 l0GB VIA SFP+ l0GB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Attachment D Page 334 of 471 Page 750 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 335 of 471 Page 751 of 1515 Business Day Ship KK2008- Modular K6 mcmr/FABRIC W 4 K6 mcmr/FAB RIC W 4 Limited 04/30/ 0204-F IG 1-3 l0GB VIA SFP+ l0GB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K10mcmr/SAB RICW4 K 10 mcmr/FABRIC W Limited 04/30/ 0204-172 1-3 l0GB VIA SI P+ 4 l0GB VIA SI P+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K10mcmr/SAB RICW4 K 10 mcmr/FABRIC W Limited 04/30/ 0204-F2G 1-3 l0GB VIA SI P+ 4 l0GB VIA SI P+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K 4 PORT l0GB SI P+ K 4 PORT 10GB SFP+ Limited 04/30/ 0204-G 1-3 IOM IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship K -POE- Modular K EXTERNAL 4 BAY K EXTERNAL 4 BAY I Year 04/30/ 4BAY 1-3 POWER SHELF POWER SHELF Warranty 2024 Switching K -POE- Modular MOUNTING KIT FOR I Year 04/30/ 4BAY-RAIL 1-3 KPOE413AY POWER Warranty 2024 Switching SHELF K -POE- Modular K POE POWER TO HS I Year 04/30/ CB[ --21 1-3 CHASSIS CABLE 21 Warranty 2024 Switching KT -135628- WiNG UNIVERSAL UNIVERSAL I Month 01 Wireless MO(JN'rING KI'r FOR MO[JN'rING KI'r FOR Warranty EWLAN APS EWLAN APS Wing KT 147407- WiNG ou'rDOOR AP ou'rDOOR AP I Month 09/13/ 01 Wireless MO(JN'rING MO[JN'rING Warranty 2020 HARDWARE, Krr HARDWARE, KI'r Wing KT 147407- WING ou'rDOOR I-IDW KIT ss ou'rDOOR MOUNTING I Month 02 Wireless 14ARSH HARDWARE, KI' r FOR Warranty F,,NVIRONMI-,".N,rs ou'rDOOR ACCESS Wing POIN'rs s'rAINLESS Attachment D Page 335 of 471 Page 751 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 336 of 471 Page 752 of 1515 STEEL FOR HARSH ENVI RONmI-,".N'rs KT -150173- WiNG ou'rDOOR AP 12 IN EXT ou'rDOOR AP 12 IN I Month 01 Wireless ARM FOR MN'rG KI'r EX'r ARM FOR MN'rG Warranty KI'r Wing KT -153676- WiNG ou'rDOOR RJ45 ou'rDOOR RJ45 I Month 01 Wireless CONNEC'rOR PLUG KI'r CONNEC'rOR PLUG Warranty KI'r Wing KT -158767- WING KIT AP7161 VEHICLE KIT AP7161 VEHICLE I Month 01 Wireless MO(JN'r MO(JN'r Warranty Wing KT2006- Modular K 24 PORT 16/166/1666 K 24 PORT 16/166/1666 Limited 04/30/ 0224 1-3 802.3A,r POE IOM 802.3A,r POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT2006- Modular K 24 PORT ionoon000 K 24 PORT ionoon000 Limited 04/30/ 0224-G 1-3 802.3A,r POE IOM 802.3A,r POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT20 10- Modular K 24 PORT MINIRJ21 K 24 PORT MINIRJ21 Limited 04/30/ 0224 1-3 802.3A,r POE IOM 802.3A,r POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT20 10- Modular K 24 PORT MINIRJ21 K 24 PORT MINIRJ21 Limited 04/30/ 0224-G 1-3 802.3A,r POE IOM 802.3A,r POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT -6511- WING AP4511 Opt Sport Eth Optional threeport I Month 12/01/ OOOOD-WR Wireless Module Ethernet Module for Warranty 2019 AP4511 Wing I,BS-CI-D- WING LBS CLOUD 100AP I lyear LBS cloud Software 100AP-PV- Wireless YEAR PV subscription paperless Warranty IYR voucher for 100 APs I,BS-CI-D- WING LBS CLOUD 100AP 3 3year LBS cloud Software 100AP-PV- Wireless YEAR PV subscription paperless Warranty 3YR voucher for 100 APs Attachment D Page 336 of 471 Page 752 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. LBS -CI -D- WING LBS CLOUD IOOAP 5 5year LBS cloud Software IOOAP-PV- Wireless YEAR PV subscription paperless Warranty 5Y1Z voucher for 100 APs LBS -CI -D- WING LBS CLOUD IOAP I lyear LBS cloud Software IOAP-PV- Wireless YEAR PV subscription paperless Warranty 1 Y1 voucher for 10 APs LBS -CI -D- WING LBS C 1-0 (JD I OAP 3 3year LBS cloud Software IOAP-PV- Wireless YEAR PV subscription paperless Warranty 3Y1Z voucher for 10 APs LBS -CI -D- WING LBS C 1-0 (JD I OAP 5 5year LBS cloud Software IOAP-PV- Wireless YEAR PV subscription paperless Warranty 5Y1Z voucher for 10 APs LBS -CI -D- WING LBS CLOUD IAP I YEAR lyear LBS cloud Software IAP -PV- Wireless PV subscription paperless Warranty 1 Y1 voucher for I AP LBS -CI -D- WING LBS CLOUD IAP 3 YEAR 3year LBS cloud Software IAP -PV- Wireless PV subscription paperless Warranty 3Y1Z voucher for I AP LBS -CI -D- WING LBS CLOUD IAP 5 YEAR 5year LBS cloud Software IAP -PV- Wireless PV subscription paperless Warranty 5Y1Z voucher for I AP LBS -CI -D- WING LBS CLOUD IOOOAP I lyear LBS cloud Software IKAP-PV- Wireless YEAR PV subscription paperless Warranty 1 Y1 voucher for 1000 APs LBS -CI -D- WING LBS CLOUD IOOOAP 3 3year LBS cloud Software IKAP-PV- Wireless YEAR PV subscription paperless Warranty 3Y1Z voucher for 1000 APs LBS -CI -D- WING LBS CLOUD IOOOAP 5 5year LBS cloud Software IKAP-PV- Wireless YEAR PV subscription paperless Warranty 5Y1Z voucher for 1000 APs LBS -CI -D- WING LBS CLOUD 5AP I YEAR lyear LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 1 Y1 voucher for 5 APs LBS -CI -D- WING LBS CLOUD 5AP 3 YEAR 3year LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 3Y1Z voucher for 5 APs LBS -CI -D- WING LBS CLOUD 5AP 5 YEAR 5year LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 5Y1Z voucher for 5 APs LBS- Smart 1,Bsi-vs,rs1001 PVIY1t ExtremeLocation Voucher No i,vs,rs- OmniEdge for lOOK Long Visits for Warranty 100K -PV- Applicatio I Year IYR ns LBS- Smart 1,Bsi-vs,rsIMPVIY1t ExtremeLocation Voucher No i,vs'rs-im- OmniEdge for IM Long Visits for I Warranty PV-IYR Year Attachment D Page 337 of 471 Page 753 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 338 of 471 Page 754 of 1515 Applicatio ns LBS- Smart 1,Bsi-vs,rS25OKPVIYR ExtremeLocation Voucher No i,vs,rs- OmniEdge for 250K Long Visits for Warranty 250K -PV- Applicatio I Year IYR ns LBS- Smart 1,Bsi-vs,rS50OKPVIYR ExtremeLocation Voucher No i,vs,rs- OmniEdge for 500K Long Visits for Warranty 50OK-PV- Applicatio I Year IYR ns LBS- Smart 1,Bssys,rslOOKPVIYR ExtremeLocation Voucher No sys,rs- OmniEdge for lOOK Short Visits for Warranty IOOK-PV- Applicatio I Year IYR ns LBS- Smart 1,Bssys,rsIMPVIYR ExtremeLocation Voucher No sys,rs-im- OmniEdge for IM Short Visits for I Warranty PV-1YR Applicatio Year ns LBS- Smart 1,Bssys,rS250KPVIYR ExtremeLocation Voucher No sys,rs- OmniEdge for 250K Short Visits for Warranty 250K -PV- Applicatio I Year IYR ns LBS- Smart 1,Bssys,rS50OKPVIYR ExtremeLocation Voucher No sys,rs- OmniEdge for 500K Short Visits for Warranty 50OK-PV- Applicatio I Year IYR ns MBO- Smart MBOART02 MBOART02 Articulating I Year AR'r02 OmniEdge Mt g Brkt Warranty Wireless MC113IC-02 Modular 1000BASET RJ45 MINI 1000BASE-T, RJ45 MINI I Year Interfaces G13IC C GBI C Warranty MC113IC-08 Modular MINI C1131C MINI C1131C lOOOBASE- I Year Interfaces IOOOBASI-,-.I-,-.[-X (70KM) I ELX (70KM) I LC POR'r Warranty LC POR'r MGBIC- Modular 100BASET SIP I Year 12/31/ 1 0013'r Interfaces Warranty 2021 MGBIC- Modular IOOOBASEBXIOD IOOOBASE-BXIO-D I Year BXIO-D Interfaces BIDIRr,.c,rIONAI, SIP BIDIREC,riONAI- SIP Warranty MGBIC- Modular IOOOBASEBXIOIJ IOOOBASE-BXIO-IJ I Year BXIO-IJ Interfaces BIDIREcrIONAL SIP BIDIREC,riONAI- SIP Warranty MGBIC- Modular IOOOBASEBX120D SIP IOOOBASE-BX120-D I Year BX120-D Interfaces SIP Warranty MGBIC- Modular IOOOBASEBX1201J SIP IOOOBASE-BX120-(1 I Year BX 120-[1 Interfaces I SIP Warranty MGBIC- Modular IOOOBASEBX40D SIP IOOOBASE-BX40-D SIP I Year BX40-D Interfaces Warranty Attachment D Page 338 of 471 Page 754 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. MGBIC- Modular IOOOBASEBX40I1 IOOOBASE-BX40-I1 I Year BX40-I1 Interfaces BIDIREurIONAL SFP BIDIREC,riONAI- SFP Warranty MGBIC- Modular MINI C1131C 1000BASESX MINI C1131C I Year LCOI Interfaces W/ I I -C MM PC R'r 1000BASESX W/ I I -C Warranty MM PC R'r MGBIC- Modular I G13 SX MM SF P TAA I G13 SX MM, SF P, TAA I Year LCO I -G Interfaces Warranty MGBIC- Modular MINI C1131C IOOOBASEFX MINI C1131C IOOOBASE- I Year LC03 Interfaces w/ I i -c mm P'r 2 FX W/ I i -c mm P'r - Warranty 2KM MGBIC- Modular I OOBASEFX MM 13 1 ONM IOOBASE-FX, MM, I Year LC04 Interfaces 2 KM I -C SIP 13 1 ONM 2 KM, I -C SF P Warranty MGBIC- Modular 24 PACK MGBICLC04 24 PACK MG13IC-[.004 I Year I,C04-24PK Interfaces Warranty MGBIC- Modular 48 PACK MGBICLC04 48 PACK MG13IC-[.004 I Year I,C04-48PK Interfaces Warranty MGBIC- Modular 96 PACK MGBICLC04 96 PACK MG13IC-[.004 I Year I,C04-96PK Interfaces Warranty MGBIC- Modular I00BASE[-XI0 SM 100BASE-I-XIO, SM, I Year LC05 Interfaces 13 IONM 10 KM I -C SIP 131 ONM, 10 KM, I -C SF P Warranty MGBIC- Modular IG13802.3 SM1550 NMI 10 IG13,802.3 SM,1550 I Year LC07 Interfaces ILMI -C SIP NMi I 10 KM,[.0 SIP Warranty MGBIC- Modular MINI C1131C 1000BASEI-X MINI C1131C I Year LC09 Interfaces W/ I I -C SM PC R'r 1000BASEI-X W/ I I -C Warranty SM PC R'r MGBIC- Modular IG13 LX SM SFP'rAA I G13 LX SM, SIP, TAA I Year LC09-G Interfaces Warranty ML -1499- WiNG LLC CableJump 10 10 ft Lowl-oss coaxial I Month I OJK-0 I R Wireless cable jumper N Male to N Warranty Male Wing ML -1499- WiNG LLC CableJump 25 25 ft Lowl-oss coaxial I Month 25JK-OIR Wireless cable jumper N Male to N Warranty Male with 2 connector Wing sea] kits ML -1499- WiNG LLC CableJump 50 50 ft Lowl-oss coaxial 3 Month 06/30/ 50JK-OIR Wireless cable jumper N Male to N Warranty 2020 Male with 2 connector Wing sea] kits ML -1499- WiNG KITANTT".NNA KITANTT".NNA I Month SD3MK-OIR Wireless MO1JN'rFOR MO1JN'rFOR Warranty MI-2499SD301 MI-2499SD301 Wing ML -2452- WING Dipole Omni 3.2/4.9 dBi Antenna 2.4/5 GI-Iz I Month APA2-01 Wireless BLK Indoor 'hype Dipole Warranty (Paddle) Gain Wing 3dBi/2AG1-Iz 4dBi/5G1-Iz Beam Width EPlane 35 Attachment D Page 339 of 471 Page 755 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 340 of 471 Page 756 of 1515 degrees HPlane 360 degrees Connector RPSMA Male ML -2452- WING Dipole Omni 3.2/4.9 dBi AN,r2.45C!I-IZDBANDDP I Month APA2-02 Wireless White 67 DBIRPSMAWH'r Warranty Wing ML -2452- WiNG AN'rDIPO[-EGN2DBI2AG AN'rDIPO[-EGN2DBI2A I Month APAG2A1- Wireless I-IZ1DBI5G1-IZB[-K G1-IZ1DBI5G1-IZB[-K Warranty 01 Wing ML -2452- WING Antenna 2G5G3dB Omni Antenna 2G and 5G 3dB I Month APAG2A1- Wireless White Omni for indoor White Warranty 02 Color Wing ML -2452- WING Antenna outdoor 2G5G3dB Antenna 2G and 5G I Month 14PA5-036 Wireless Omni 3dBOmni directional Warranty Dipole for outdoor use Wing ML -2452- WiNG AN'rD(JAI- BAND 6 DBI AN'rD(JAI- BAND 6 DBI I Month 14PA6-01 Wireless AN'ri-,".NNA AN'ri-,".NNA Warranty Wing ML -2452- WiNG ANT 6 DUAL E[-EmT".N'r ANT 6 DUAL I Month I-IPA61 6- Wireless O AN'ri-,".NNA EI-E".ME".N'r O Warranty 072 AN'ri-,".NNA Wing ML -2452- WiNG ANT 6 PORT OMNI ANT 6 PORT OMNI I Month I-IPA6X6- Wireless AN'ri-,".NNA AN'ri-,".NNA Warranty 036 Wing ML -2452- WiNG AN'rDP4.0DBI AN'rDP4.0DBI I Month I-IPAG4A6- Wireless 2ACHUTODBI 5G1 -Il 2ACHUTODBI 5G1 -Il Warranty 01 Wing ML -2452- WiNG AN'rDP4.5DBI AN'rDP4.5DBI I Month I-IPAG5A8- Wireless 2AG1-IZ7.5DBI 5G1-IZ 2AG1-IZ7.5DBI 5G1-IZ Warranty 01 Ntype Ntype Wing ML -2452- WING 2.4/5G LightArrest 2.4/5 G1-Iz Lightning I Month LAKI-01R Wireless Arrestor (N Female to N Warranty Female) with N Male to Wing RPSMA Male adapter ML -2452- WING DUAL BAND DUAL BAND I Month LAKI-02R Wireless LIGHTNING ARRE s'rOR uciurrNING Warranty ARRE s'rO R Wing ML -2452- WING Antenna 25G5dBDIR Antenna 2.4/5 G1-Iz I Month PNA5-01R Wireless Outdoor Panel 5 dBi Warranty Beam Width EPlane 65 Wing degrees HPlane 120 degrees Connector 'rype NMale ML -2452- WING Antenna 25G7dBDIR Antenna 2.4/5 G1-Iz I Month PNA7-01 R Wireless Outdoor Panel 7 dBi Warranty Beam Width EPlane 66 Wing Attachment D Page 340 of 471 Page 756 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 341 of 471 Page 757 of 1515 degrees FIPlane 68 degrees Connector 'rype NMale ML -2452- WiNG DUALBAND DUAL DUALBAND DUAL I Month PNI-31 3-1 Wireless POLARIZED SEC'rOR POLARIZED SEC'rOR Warranty AN'ri-,".NNA AN'ri-,".NNA Wing ML -2452- WiNG ANT3 PORT DI- PANEL ANT3 PORT DUAL I Month PN[ -61 3- Wireless 36 IN CB L NI ALE BAND PANEL Warranty N36 AN'ri-,".NNA wim 36 Wing INCH CABLE AND NI ALE CONNEC'rOR ML -2452- WiNG ANT NRW BEAM DUAL POLARIZED I Month PN[ -61 4- Wireless DIR36IN CBI- NI ALE DUAL BAND NARROW Warranty N36 CONN BEAM DIREC'rIONAI- Wing AN'ri-,".NNA wI 36 INCH CABLE AND NI ALE CONNEC'rOR ML -2452- WiNG ANT MIMO DUAL BAND ANT MIMOI UAL I Month PN[ -91 3- Wireless SEC'rOR BAND SEC'rOR Warranty 036 Wing ML -2452- WiNG ANT3 PORT DUAL ANT3 PORT DUAL I Month PN[ -91 3- Wireless BAND PANEL BAND PANEL Warranty N36 AN'ri-,".NNA AN'ri-,".NNA Wing ML -2452- WiNG ANT 2 PORT DUAL ANT 2 PORT DUAL I Month P,rA21 2- Wireless BAND PA'rCH BAND PA'rCH Warranty 036 AN'ri-,".NNA AN'ri-,".NNA Wing ML -2452- WiNG AP7131 3 PORT mimo AP7131 3 PORT mimo I Month P,rA31 3- Wireless AN'ri-,".NNA 361N PIG'rAII- AN'ri-,".NNA 361N Warranty 036 PIG'rAII- Wing ML -2452- WiNG ANT802.11 ABGN 3X3 ANT802.11 ABGN 3X3 3 Month 12/26/ P,rA41 3X3- Wireless MIMO ISI' S4011 1t4 MO RFS4011 Warranty 2020 1 Wing ML -2452- WiNG ANTT".NNA PATCH4 ANTT".NNA PATCH4 I Month P,rA41 4- Wireless DUAL ELF".MF".N'r DUAL E[-EmI-,".N'r Warranty 036 INDOOR INDOOR Wing ML -2452- WiNG ANT 6 PORT PATCH ANT 6 PORT PATCH I Month P,rA6M6- Wireless AN'ri-,".NNA AN'ri-,".NNA Warranty 036 Wing ML -2452- WiNG ANT 6 PORT PATCH ANT 6 PORT PATCH I Month P,rA6X6-03 6 Wireless AN'ri-,".NNA AN'ri-,".NNA Warranty Wing ML -2452- WiNG ANT3 PORT DI- SECTOR ANT3 PORT DUAL I Month SEC6M3- Wireless 36 IN CB L NI ALE BAND SEC'rOR Warranty N36 AN'ri-,".NNA wim 36 Wing INCH CABLE AND NMALE CONNEC'rOR Attachment D Page 341 of 471 Page 757 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ML -2452- WiNG ANT WIDE BEAM DUAL POLARIZED I Month SEC61 4- Wireless DIR36IN CBI- DUAL BAND WIDE Warranty 036 RPSMAMALE BEAM DIREC'rIONAI- In AN'ri-,".NNA wim 36 INCH CABLE AND RPSMAMALE CONNEC'rOR ML -2452- WiNG ANT DUAL SECTOR DUAL BAND SECTOR I Month SEC61 4- Wireless wim 30IN CBI- N CONN wim 30 INCH CABLE Warranty N30 AND N CONNEC'rORS Wing ML -2452- WiNG ANT WIDE BEAM DUAL POLARIZED I Month SEC61 4- Wireless DIR36IN CBI- NI ALE DUAL BAND WIDE Warranty N36 CONN BEAM DIREC'rIONAI- In AN'ri-,".NNA wim 36 INCH CABLE AND NI ALE CONNEC'rOR ML -2452- WiNG ANT 3 DUAL BAND ANT 3 DUAL BAND I Month VM1 3M3- Wireless E[-EmI-,".N'rs vmm EI-1-,".M1-,".N'rs vmm Warranty 036 AN'ri-,".NNA AN'ri-,".NNA Wing ML -2452- WiNG 3 PORT DUAL BAND 3 PORT DUAL BAND I Month VM1 5M3- Wireless vmm AN'ri-,".NNA vmm AN'ri-,".NNA Warranty N72 Wing ML -2499- WING AN'r2AGHZ7DBIINDOO AN,r2.4CII-IZ7DBIINDO 3 Month 12/31/ 7PNA2-01R Wireless R65 DEGREE PNI. O 6 DEGREE PNL Warranty 2013 Wing ML -2499- WING Antenna 2G I 4dB Di it Antenna 2.4 GI-Iz Outdoor 3 Month 06/30/ BYGA2-01R Wireless 'hype Yagi Gain (Net) Warranty 2020 14.2dBi (13.9dBi) Beam Wing Width EPlane 30 degrees FIPlane 35 degrees Cable 12 inches Connector Type N Female ML -2499- WING Antenna 2G5dBOmni Antenna 2.4 GI-Iz Outdoor I Month FSI IPA5-01R Wireless Type Dipole Array (Pipe) Warranty Omni Directional 5 dBi Wing Beam Width EPlane 25 degrees FIPlane 360 degrees Connector type N Male ML -2499- WING Antenna 2G9dBOmni Antenna 2.4 GI-Iz Outdoor 3 Month 06/30/ F1-IPA9-01R Wireless 'hype Dipole Array (Pipe) Warranty 2020 OmniDirectional 9 dBi Wing Beam Width EPlane 14 degrees FIPlane 360 degrees Connector type N Male Attachment D Page 342 of 471 Page 758 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ML -2499- WING ANT 2AGI-IZ 3.3DBI ANT 2AGHZ 3.3DBI I Month 14PA3-02R Wireless DIPOLE AN'ri-,".NNA DIPOLE AN'ri-,".NNA Warranty Wing ML -2499- WING ANTT".NNA ourDOOR Outdoor Rated Type I Month 14PA4-01 Wireless 4dBi 2AGI-IZ Dipole Gain 4dBi Warranty 2AGI-Iz Connector NMale Wing ML -2499- WING ANTT".NNA ou'FDOOR Environment Outdoor I Month HPA8-01 Wireless 8dBi 2AGI-IZ Rated 'hype Dipole Gain 8 Warranty dBi 2AGI-Iz Connector Wing NMale ML -5299- WING ANT5.5 GFIZ DP ANT5.5 GFIZ DP I Month APAI-01R Wireless AJ2DBICBI- OSMARPF AJ2DBICBI- OSMARPF Warranty Wing ML -5299- WING Antenna 5G6dBOmni Antenna 5 GI-Iz Outdoor I Month FI-IPA6-OIR Wireless Type Dipole Array (Pipe) Warranty Omnidirectional 6 dBi Wing Beam Width EPlane 16 degrees HPlane 360 degrees NMale connector type ML -5299- WING ANTT".NNA ou'FDOOR Environment Outdoor I Month 14PAIO-01 Wireless lOdBi 5GI-IZ Rated 'hype Dipole Gain Warranty 10 dBi 5.0GI-Iz4.9GI-Iz Wing Connector NMale ML -5299- WING Antenna 5G5dBOmni Antenna 5 GI-Iz Outdoor I Month 14PAI-OIR Wireless 'hype Dipole Array (Pipe) Warranty Gain (Net) 5.9dBi (5dBi) Wing Beam Width EPlane 17 degrees HPlane 360 degrees Cable 36 inches Connector RPSMA Male ML -5299- WING ANTT".NNA Outdoor Rated Type I Month HPA5-01 Wireless ou'rDOOR5dBi 5GI-IZ Dipole Gain 5dBi 5.0GI-Iz Warranty Connector NMale Wing ML -5299- WING Antenna 5GI3dBDir Antenna 5 GI-Iz Outdoor 3 Month 06/30/ WPNAI-OIR Wireless Type Panel Gain (Net) Warranty 2020 14.2dBi (13dBi) Beam Wing Width EPlane 27 degrees HPlane 31 degrees Cable 36 inches Connector RPSMA Male MOD- WING SENSOR MODULE SENSOR MODULE I Month 07/13/ 8XXX- Wireless AMBii-,".N,r AMBiEN'r Warranty 2022 OOOIE-WW F,,NVIRONMI-,".N,r ENVIRONmi-,".N'r Wing MIjX- Modular CWDM MIJX 4 1 Year 05/30/ CWDM-01 Interfaces CANNIE LOBAND Warranty 2024 Attachment D Page 343 of 471 Page 759 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. M(jX- Modular RACK MOUNT PANEL RACK MOUNT PANEL, I Year 12/31/ RACK -01 Interfaces 1 (J 1 (J Warranty 2024 NIBI-32- SRA NETIRON XMR/MI-X NetIron XMR/MI-X and I Year FurR BIGIRON RX32 AIR Flur Bi Iron RX32 air filters Warranty for 32slot chassis 2 filter kit NIBI-32- SRA 32Si-o,r NETIRON 32Slot NetIron I Year PSFAN XMR/MI-X BIGIRON XMR/MI-X and Bi Iron Warranty RX SPA RX spare power supply fan (I fan) NI-CE2000- SRA SPARE FANTRAY FOR Spare fan tray for NetIron I Year FAN NI CER/CES SERIES CES and NetIron CER Warranty Series NI -CER- SRA ADV SRVS PREM SW Advanced Services I Year 2024-ADVIJ FOR NI CER 24POR'r Premium upgrade for Warranty R'rR NetIron CER 2000 24port routers (NetIron CER 20240 NetIron CER 20241) NI -CER- SRA S/WPPADV SRVS PREM Advanced Services Software 2024- LIC CER 24POR'r R'rR Premium software Warranty ADV(J-SW upgrade for NetIron CER 2000 24port routers (NetIron CER 20240 NetIron CER 20241) NI -CER- SRA S/WPPADV SRVS PREM Advanced Services Software 2048- LIC CER 48POR'r R'rR Premium software Warranty ADV(J-SW upgrade for NetIron CER 2000 48port routers (NetIron CER 20480 NetIron CER 2048F NetIron CER 2048CX NetIron CER 2048FX) NI -CES- SRA S/WPPI-3 PREM LIC CES Layer 3 Premium software Software 2024-1-3 (J- 24POR'r swrrcums upgrade for NetIron CES Warranty SW 2000 24port switches (NetIron CES 20240 NetIron CES 20241) NI -CES- SRA S/WPPMF`. PREM LIC CES Metro Edge Premium Software 2024-ME',(J- 24POR'r swrrcums software upgrade for Warranty SW NetIron CES 2000 24port switches (Netiron CES 20240 NetIron CES 20241) Attachment D Page 344 of 471 Page 760 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NI -CES- SRA S/WPPI-3 PREM LIC CES Layer 3 Premium software Software 2048-1-3 (J- 48POR'r swrrcums upgrade for NetIron CES Warranty SW 2000 48port switches (NetIron CES 20480 NetIron CES 2048F NetIron CES 2048CX NetIron CES 2048FX) NI -CES- SRA S/WPPMF"", PREM LIC CES Metro Edge Premium Software 2048 -Mf -,",(J- 48POR'r swrrcums software upgrade for Warranty SW NetIron CES 2000 48port switches (Netiron CES 20480 NetIron CES 20481 NetIron CES 2048CX NetIron CES 2048FX) NI -MI -X- SRA NI MI -X 8PORT IOC113E Brocade MI -X Series I Year IOGX8-M (M) Si PP MO D (JI -E eight (8)port I 0GbE (M) Warranty module with lPv4/lPv6/MPI-S hardware support requires SI PP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules NI -X-16-8- SRA M[-X/XMR 16 8si-C3'r HI MI-Xe/M[-X/XMR high I Year I-ISF SPI -,".I -,".D FABRIC MOD speed switch fabric Warranty module for Not and 16slot chassis NI -X-16- SRA NI XMR/MI-X 16Si-o,r NetIron XMR/MI-X air I Year Fur AIR FlurER filter for 16slot chassis Warranty NI -X-32- SRA NI MI-Xl-,"./XMR/M[-X MI-Xe/M[-X/XMR high I Year I-ISF 141CII-I SPEED SF32SI- speed switch fabric Warranty CHAS module for 32slot chassis NI -X-4- SRA NI XMR/MI-X 4Si-o,r AIR NetIron XMR/MI-X air I Year Fur FlurER filter for 4slot chassis Warranty NI-X-4-HSF SRA M[-X/XMR 4si-o'r HI MI-Xe/M[-X/XMR high I Year SPI -,".I -,".D FABRIC MOD speed switch fabric Warranty module for 4slot chassis NI -X-8- SRA NI XMR/MI-X 8si-o'r AIR NetIron XMR/MI-X air I Year Fur FlurER filter for Not chassis Warranty NI-X-IPNI- SRA NETIRON XMR/MI-X NetIron XMR/MI-X I Year IN'rERFACE MODULE Series interface module Warranty PANEL blank panel NI-X-MPNI- SRA NETIRON XMR/MI-X NetIron XMR/MI-X I Year MANAG1-,";MI-,".N'r Series management Warranty MODULE PANEL module blank panel Attachment D Page 345 of 471 Page 761 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NI -X- SRA NETIRON XMR/M[-X NetIron XMR/M[-X I Year PWRPNL POWER SUPPLY PANEL power supply blank panel Warranty FOR I for 16 and 8slot chassis NI -X- SRA NIXMR/M[-X 4S[-o,r NetIron XMR/M[-X I Year PWRPNL-A CHASSIS POWER power supply blank panel Warranty SUPPLY B for 4slot chassis NI -X- SRA NIXMR/M[-X 4S[-o,r NetIron XMR/M[-X I Year SFIPNI- CHASSIS swrrCH switch fabric module Warranty FABRIC blank panel for 4slot chassis NI -X- SRA NETIRON XMR/M[-X NetIron XMR/M[-X I Year SF3PN[- swrrCH FABRIC switch fabric module Warranty BLANK PANE blank panel for 16 and 8slot chassis NMS -10 Network NIS 10 DEVICES / 100 NIS 10 DEVICES / 100 Software Manageme 'rHIN APS 'rHIN APS Warranty nt NMS -100 Network NIS 100 DEVICES/ NIS 100 DEVICES/ Software Manageme i000,rHIN APS i000,rHIN APS Warranty nt NMS -100- Network I -ICI -,".NSE UPGRADE I -ICI -,".NSE UPGRADE Software A100 -(JG Manageme N1 S100'ro N1 S100'ro Warranty nt NI SADV100 NI SADV100 NMS -100- Network UPGRADE N1 S50 IJPCIADE NMS50'ro Software (JG Manageme NMS100 NMS100 Warranty nt NMS -10- Network I -ICI -,".NSE UPGRADE I -ICI -,".NSE UPGRADE Software A10 -(JG Manageme N1 S10'rONMSADV10 N1 S10'rO NI SADVIO Warranty nt NMS -10 -(JG Network IJPCIADE NMS5,ro UPGRADE NMS5 TO Software Manageme NMS10 NMS10 Warranty nt NMS -25 Network NIS 25 DEVICES/ 250 NIS 25 DEVICES / 250 Software Manageme 'rHIN APS 'rHIN APS Warranty nt NMS -250 Network NIS 250 DEVICES/ NIS 250 DEVICES/ Software Manageme 2500'rHIN APS 2500rHIN APS Warranty nt NMS -250- Network I -ICI -,".NSE UPGRADE I -ICI -,".NSE UPGRADE Software A250 -(JG Manageme N1 S250 N1 S250 Warranty nt NI SADV250 NI SADV250 NMS -250- Network UPGRADENXIS100'ro UPGRADENXIS100'ro Software (JG Manageme N1 S250 N1 S250 Warranty nt Attachment D Page 346 of 471 Page 762 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -25- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software A25 -(JG Managerne N1 S25 NI SADV25 N1 S25 'rO NI SADV25 Warranty nt NMS -25 -(JG Network UPGADE NXIS10'ro UPGADE NXIS10'ro Software Managerne N1 S25 N1 S25 Warranty nt NMS -5 Network NXIS 5 DEVICES/ 50 NIS 5 DEVICES / 50 Software Managerne 'rHIN APS 'rHIN APS Warranty nt NMS -50 Network NXIS 50 DEVICES/ 500 NIS 50 DEVICES/ 500 Software Maria erne 'rHIN APS 'rHIN APS Warranty nt NMS -500 Network NXIS 500 DEVICES/ NIS 500 DEVICES/ Software Managerne 5000'rHIN APS 5000rHIN APS Warranty nt NMS -500- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software A500 -(JG Managerne N1 S500 N1 S500 Warranty nt NI SADV500 NI SADV500 NMS -500- Network UPGRADE N1 S250 UPGRADE N1 S250 Software (JG Managerne N1 S500 N1 S500 Warranty nt NMS -50- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software A50 -(JG Managerne N1 S50 NI SADV50 N1 S50 NI SADV50 Warranty nt NMS -50 -(JG Network IJPCIADE NMS25'ro UPGRADE N1 S25 To Software Managerne N1 S50 N1 S50 Warranty nt NMS -5-A5- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software (JG Managerne NMS5'rO NI SADV5 NMS5'rO NI SADV5 Warranty nt NMS -A-100- Network IICI-,".NSE (JPG LICIH.NSE UPGRADE Software (JG Managerne NMSADV50'ro NMSADV50'ro Warranty nt NMSADVlOO NMSADVIO NMS -A-10- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software (JG Managerne NMSADV5'ro NMSADV5'ro Warranty nt NMSADVIO NMSADVIO NMS -A-250- Network LIC UPGRADE LIC UPGRADE Software (JG Managerne NMSADVIOO,ro NMSADVIOO,ro Warranty nt NI SADV250 NI SADV250 NMS -A-25- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software (JG Managerne NMSADVIO,ro NMSADVIO,ro Warranty nt NI SADV25 NI SADV25 NMS -A-500- Network LIC UPGRADE LIC UPGRADE Software (JG Managerne NMSADV250'ro NMSADV250'ro Warranty nt NI SADV500 NI SADV500 Attachment D Page 347 of 471 Page 763 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -A-50- Network LICE".NSE UPGRADE LICE".NSE UPGRADE Software (JG Managerne NMSADV25'ro NMSADV25'ro Warranty nt NI SADV50 NI SADV50 NMS -ADV- Network NI SADV 10 NI SADV 10 Software 10 Managerne DEVICES/100 APS DEVICES/100 APS Warranty nt NMS -ADV- Network NI SADV 100 NI SADV 100 Software 100 Managerne DEVICES/1000 APS DEVICES/1000 APS Warranty nt NMS -ADV- Network MSADV 25 MSADV 25 Software 25 Managerne DEVICES/250 APS DEVICES/250 APS Warranty nt NMS -ADV- Network NI SADV 250 NI SADV 250 Software 250 Managerne DEVICES/2500 APS DEVICES/2500 APS Warranty nt NMS -ADV- Network NI SADV 5 DEVICES/50 NI SADV 5 Software 5 Managerne APS DEVICES/50 APS Warranty nt NMS -ADV- Network NI SADV 50 NI SADV 50 Software 50 Managerne DEVICES/500 APS DEVICES/500 APS Warranty nt NMS -ADV- Network MSADV 500 MSADV 500 Software 500 Managerne DEVICES/5000 APS DEVICES/5000 APS Warranty nt NMS -ADV- Network NMSADV IJ DEVICESAJ NI SADV IJ Software (i Managerne APS DEVICES/IJ APS Warranty nt NMS -A -IJ- Network LIC UPGRADE LIC UPGRADE Software (JG Managerne NMSADV500'ro NMSADV500'ro Warranty nt NI SADVIJ NI SADVIJ NMS-BIOO- Network IJPCIADE NMSBASEIOO UPGRADE Software 100 -(JG Managerne 'rO N1 NMSBASEIOO,ro Warranty nt NIBS 100 NMS -B-100- Network UPGRADE NMSBASE50 UPGRADE Software (JG Managerne 'rO NMSBASEIOO NMSBASE50'ro Warranty nt NMSBASEIOO NMS -BIO- Network IJPCIADE NMSBASEIO UPGRADE Software 10 -(JG Managerne 'rO NI NMSBASEIO,ro Warranty nt NMS IO NMS -B250- Network UPGRADE NMSBASE250 UPGRADE Software 250 -(JG Managerne 'rO N1 S250 NMSBASE250'ro Warranty nt NMS250 NMS -B-250- Network IJPCIADE NMSBASEIOO UPGRADE Software (JG Managerne 'rO NMSBASE250 NMSBASEIOO,ro Warranty nt NMSBASE250 Attachment D Page 348 of 471 Page 764 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -1325- Network UPGRADE N1 SBASE25 UPGRADE Software 25 -(JG Managerne 'rO N1 S25 N1 SBASE25 'ro Warranty nt NMS25 NMS -13-25- Network lJPGADE NMSBASElO UPGRADE Software (JG Managerne 'rO N1 SBASE25 NMSBASElO'ro Warranty nt N1 SBASE25 NMS -13500- Network UPGRADE N1 SBASE500 UPGRADE Software 500 -(JG Managerne 'rO N1 S500 N1 S13ASE500'ro Warranty nt NMS500 NMS -13-500- Network UPGRADE N1 SBASE250 UPGRADE Software (JG Managerne 'rO N1 SBASE500 N1 S13ASE250'ro Warranty nt N1 SBASE500 NMS -1350- Network UPGRADE N1 SBASE50 UPGRADE Software 50 -(JG Managerne 'rO N1 S50 N1 S13ASE50'ro Warranty nt NMS50 NMS -13-50- Network UPGRADE N1 SBASE25 UPGRADE Software (JG Managerne 'rO N1 SBASE50 N1 SBASE25 'ro Warranty nt N1 SBASE50 NMS -BASE- Network BASE NXIS 10 DEVICES BASE NMS 10 Software 10 Managerne / ioo,rHIN APS DEVICES / ioo,rHIN Warranty nt APS NMS -BASE- Network BASE NMS 100 BASE NMS 100 Software 100 Managerne DEVICES / i000,rHIN DEVICES / i000,rHIN Warranty nt APS APS NMS -BASE- Network BASE NXIS 25 DEVICES BASE NXIS 25 Software 25 Managerne / 250'rHIN APS DEVICES / 250 'THIN Warranty nt APS NMS -BASE- Network BASE NXIS 250 BASE NXIS 250 Software 250 Managerne DEVICES / 2500'rHIN DEVICES / 2500'rHIN Warranty nt APS APS NMS -BASE- Network BASE NXIS 50 DEVICES BASE NXIS 50 Software 50 Managerne / 500'rHIN APS DEVICES / 500 'THIN Warranty nt APS NMS -BASE- Network BASE NXIS 500 BASE NXIS 500 Software 500 Managerne DEVICES / 5000 'THIN DEVICES / 5000'rHIN Warranty nt APS APS NMS -BASE- Network BASE NXIS U DEVICES/ BASE NXIS U DEVICES Software (i Managerne u 'rHIN APS u'rHIN APS Warranty nt NMS -B -(J- Network UPGRADE N1 SBASE500 UPGRADE Software (JG Managerne 'rO NMSBASEIJ N1 S13ASE500'ro Warranty nt NMSBASEIJ NMS-BIJ-(J- Network UPGRADE NMSBASEIJ UPGRADE NMSBASEIJ Software (JG Managerne 'rO NMS[J 'rO NMS[J Warranty nt Attachment D Page 349 of 471 Page 765 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -K-12 Network NE'rsicifrr FOR K12 NETSIGHT FOR K12 Software Managerne Warranty nt NMS -IJ Network NMS U DEVICES/ U NMS U DEVICES/ U Software Managerne 'rHIN APS 'r TIDY APS Warranty nt NMS-IJ-AIJ- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software (JG Managerne FROM NMS(J'ro FROM NMS(J'ro Warranty nt NI SADVIJ NI SADVIJ NMS-IJ-IJG Network UPGRADE N1 S500 UPGRADE NM S 5 00 TO Software Managerne NMS(J NMS(J Warranty nt NS -A-20 Network NE'rsicifrr APPLIANCE NE'rsicifrr APPLIANCE I Year 12/29/ Managerne REQUIRES I -ICI -,",NSE REQUIRES I -ICI -,-,NSE Warranty 2022 nt NS-(JSER Network NE'rsicifrr NETSIGHT Software 03/30/ Managerne AI DrrIONAI- AI DI'rIONAL Warranty 2020 nt cowuRREN'r cu-EN'r CONCIJRREN'r cui-,".N'r NX -4500- WING NX4500 TIFS RED AP NX4500TIERED AP Software AP -12 Wireless IICI-,-.NSE(CO(JN-r 12) I-ICI-,-.NSE(CO(JN-r 12) Warranty NX -4500- WING NX4500 TIFF RED AP NX4500TIERED AP Software AP -24 Wireless IICI-,-.NSE(CO(JN-r 24) I-ICI-,-.NSE(CO(JN-r 24) Warranty NX -4500- WING NX4500 TIFF RED AP NX4500TIERED AP Software AP -48 Wireless IICI-,-.NSE(CO(JN-r 48) I-ICI-,-.NSE(CO(JN-r 48) Warranty NX -4500- WING I-IC1-,".NSECON'rT".N'r LIC1-,".NSECON'rT".N'r Software CACH-LIC Wireless CACHE FOR NX45XX CACHE FOR NX45XX Warranty NX -5500- WING NX5500 SERVICES NX5500 SERVICES I Year 100R0 -WR Wireless PLA'rFORM PLA'rFORM Warranty Wing NX -5500- WiNG I-ICI-,".NSE128X AP I-ICI-,".NSE128X AP Software ADP -128 Wireless I -ICI -,".NSE PACK FOR [.ICI -,".NSE PACK FOR Warranty NX5500 NX5500 NX -5500- WING I-ICI-,".NSE16X AP I-ICI-,".NSE16X AP Software ADP -16 Wireless I -ICI -,".NSE PACK FOR [.ICI -,".NSE PACK FOR Warranty NX5500 NX5500 NX -5500- WING I-ICI-,".NSE64X AP I-ICI-,".NSE64X AP Software ADP -64 Wireless I -ICI -,".NSE PACK FOR [.ICI -,".NSE PACK FOR Warranty NX5500 NX5500 NX5500E- WING NX5500E EXPRSS NX5500E EXPRESS I Year 04/17/ 100R0- Wireless MANAG1-,RS PLA'rFORM MANAGIH.RS Warranty 2023 APME APAC PLA'rFORM APAC Wing REGION NX -5500E- WiNG EXPRESS MANN 11-,I EXPRESS MANAGIH.R I Year 04/17/ 100R0 -WR Wireless PLA'rFORM PLA'rFORM Warranty 2023 Wing Attachment D Page 350 of 471 Page 766 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NX -6500- WiNG NX6500 TIERED AP NX6500 TIERED AP Software AP -12 Wireless IICI-,-.NSE (CO(JN-r 12) I -ICI -,-.NSE (CO(JN-r 12) Warranty NX -6500- WiNG NX6500 TIERED AP NX6500TIERED AP Software AP -24 Wireless I.ICI-,-.NSE (CO(JN-r 24) I -ICI -,-.NSE (CO(JN-r 24) Warranty NX -6500- WiNG NX6500 TIERED AP NX6500TIERED AP Software AP -48 Wireless I.ICI-,-.NSE (CO(JN-r 48) I -ICI -,-.NSE (CO(JN-r 48) Warranty NX -6500- WiNG I,ICI-,".NSECON'rT".N'r I-ICI-,".NSECON'rT".N'r Software CACH-LIC Wireless CACHE FOR NX65XX CACHE FOR NX65XX Warranty NX -7500- WiNG NX 7500 2PORT 1001 NX 7500 2PORT 1001 I Year l0G-NMC Wireless SFP+ NMC MODULE SI P+ NMC MODULE Warranty Wing NX -7500- WiNG NX 7500 4PORT IG SIP NX 7500 4PORT IG SIP I Year lG-NMC Wireless NMC MODULE NMC MOD (JI -E Warranty Wing NX -7500- WiNG NX 7500 AC POWER NX 7500 AC POWER I Year AC-PSIJ Wireless SUPPLY SUPPLY Warranty Wing NX -7500- WiNG IICI-,".NSI-,".NX 7500 1024 I-ICI-,".NS1-,".NX 7500 1024 Software ADP -1024 Wireless PACK ADAP'rIVE AP PACK ADAP'rIVE AP Warranty NX -7500- WiNG IICI-,".NSI-,".NX 7500 256 I -ICI -,".NSI -,".NX 7500 256 Software ADP -256 Wireless PACK ADAP'rIVE AP PACK ADAP'rIVE AP Warranty NX -7500- WiNG LIC1-,".NSI-,".NX 7500 64 I -ICI -,".NSI -,".NX 7500 64 Software ADP -64 Wireless PACK ADAP'rIVE AP PACK ADAP'rIVE AP Warranty NX -7500- WiNG IICI-,".NSI-,".NX 7500 8 I -ICI -,".NSI -,".NX 7500 8 Software ADP -8 Wireless PACK ADAP'rIVE AP PACK ADAP'rIVE AP Warranty NX -7500- WiNG IICI-,".NSI-,".NX 7500 I -ICI -,".NSI -,".NX 7500 Software ADSEC-LIC Wireless ADVANCED SECIJRI'rY ADVANCED Warranty SEC(JRI'rY NX -7500- WiNG NX 7500 DC POWER NX 7500 DC POWER I Year DC-PSIJ Wireless SUPPLY SUPPLY Warranty Wing NX -7500- WiNG NX 7530 50OC113 SPARE, NX 7530 50OC113 SPARE, I Year FII -500GB Wireless 14ARD DRIVE HARD DRIVE Warranty Wing NX -7500- WiNG NX 7500 MOUNTING KIT NX 7500 MOUNTING I Month RAIL Wireless SLIDING RAILS K1'r SLIDING RAILS Warranty Wing NX -7500- WiNG NX 7500 IC113PS I-ONG NX 7500 IC113PS I-ONG I Year SIP -I -X Wireless RANGF,". SIP XCVR RANGF,". SIP XCVR Warranty Wing NX -7500- WiNG NX 7500 IOC113PS LONG NX 7500 IOC113PS LONG I Year SI PPI --1-X Wireless RANGF,". SFP+ XCVR RANGF,". SFP+ XCVR Warranty Wing NX -7500- WiNG NX 7500 IOC113PS SHORT NX 7500 IOC113PS I Year SI PPI --SX Wireless RANGF,". SFP+ XCVR SHOR'r RANGF,". SFP+ Warranty XCVR Wing Attachment D Page 351 of 471 Page 767 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NX -7500- WiNG NX 7500 IC113PS SHORT NX 7500 IC113PS SHORT I Year SF P -SX Wireless RANCIF"", SF P XCVR RANCIF"", SF P XCVR Warranty Wing NX -7510- WiNG NX 7510 INTEGRATED NX 7510 INTEGRATED I Year 100R0 -WR Wireless SVC PLA'rFORM SVC PLA' ICOR Warranty Wing NX7510E- WiNG NX 75 1 OE EXPRESS NX 7510E EXPRESS I Year 04/17/ 100 t0- Wireless MANAG1-,R PLA' ICOR MANACII-,".R PLA' ICOR Warranty 2023 APME APAC APAC REGION Wing NX -7510E- WiNG NX 75 1 OE EXPRESS NX 7510E EXPRESS I Year 04/17/ 100R0 -WR Wireless MANAG1-,R PLA' ICOR MANACII-,".R PLA' ICOR Warranty 2023 Wing NX -7520- WiNG NX 7520 INTEGRATED NX 7520 INTEGRATED I Year 100R0 -WR Wireless SVC PLA'rFORM SVC PLA' ICOR Warranty Wing NX -7530- WiNG NX 7530 INTEGRATED NX 7530 INTEGRATED I Year 100R0 -WR Wireless SVC PLA'rFORM SVC PLA' ICOR Warranty Wing NX -9000- WiNG I-ICI-,".NSE1024 ADP AP I-ICI-,".NSE1024 ADP AP Software 10241 -IC- Wireless FOR NX 9000 FOR NX 9000 Warranty WR NX -9000- WiNG I-ICI-,".NSE128 ADP AP I-ICI-,".NSE128 ADP AP Software 1281 -IC -WR Wireless FOR NX 9000 FOR NX 9000 Warranty NX -9000- WiNG I-ICI-,".NSE8 PACK FOR I-ICI-,".NSE8 PACK FOR Software 81 -IC -WR Wireless NX 95XX NX 95XX Warranty NX -9000- WiNG I-ICI-,".NSEADVANCED LICF,".NSEADVANCED Software ADVSEC- Wireless SEC(JRI'rY FOR NX 9000 SEC(JRI'rY FOR NX Warranty LIC 9000 NX -9600- WiNG NX 9600 AirDefense NX 9600 AirDefense I Year 100AD-WR Wireless Appliance Appliance. Must purchase Warranty platform license Wing SPSWSVPI with this controller. NX -9600- WiNG NX 9600 INTEGRATED NX 9600 INTEGRATED I Year 100R0 -WR Wireless SERVICES PLA' ICOR SERVICES PLA'rFORM Warranty Wing NX -9600- WiNG NX 9600 HARD DRIVE NX 9600 HARD DRIVE I Year HD -ACC Wireless (2-rB) ACCESSORY (2-rB) ACCESSORY Warranty Wing NX -9600- WiNG NX 9600 POWI-,",R NX 9600 POWER I Year PSIJ-ACC Wireless SUPPLY ACCESSORY SUPPLY ACCESSORY Warranty Wing NX -9610- WiNG NX 9610 INTEGRATED NX 9610 INTEGRATED I Year 100R0 -WR Wireless SERVICES PLA' ICOR SERVICES PLA'rFORM Warranty Wing Attachment D Page 352 of 471 Page 768 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr-i Wireless LIC FOR I AP PERPE'r[JAL I -ICI -,".NSE Warranty FOR I AP NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr- Wireless LIC FOR 1024 APS PERPE'r[JAL I -ICI -,".NSE Warranty 1024 FOR 1024 APS NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr-16 Wireless LIC FOR 16 APS PERPE'r[JAL I -ICI -,".NSE Warranty FOR 16 APS NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr- Wireless LIC FOR 2048 APS PERPE'r[JAL I -ICI -,".NSE Warranty 2048 FOR 2048 APS NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr- Wireless LIC FOR 256 APS PERPE'r[JAL I -ICI -,".NSE Warranty 256 FOR 256 APS NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr-64 Wireless LIC FOR 64 APS PERPE'r[JAL I -ICI -,".NSE Warranty FOR 64 APS PD -3501G- WING SINGLE PORT 8023AF SINGLE PORT 8023AF I Year F, N, r Wireless MIDSPAN DEVICE MIDSPAN DEVICE Warranty PD-9001GO- WING ourDOOR 8023AT POE ourDOOR 8023AT I Year F, N, r Wireless SINGLE PC R'r MIDSPAN POE SINGLE PC R'r Warranty MIDSPAN PD-9001CIR- WING SINGLE PORT 8023AT SINGLE PORT 8023AT I Year F, N, r Wireless compuwr MIDSPAN compuwr MIDSPAN Warranty PD-9501GO- WING SINGLE PORT 8023AT SINGLE PORT 8023AT I Year F, N, r Wireless Puffs ou'rDOOR Puis ou'rDOOR Warranty MIDSPAN MIDSPAN PD- WING MOUNTING BRACKET MOUNTING BRACKET I Year MBKOur Wireless FOR ou'rDOOR FOR ou'rDOOR Warranty MIDSPANS MIDSPANS PV -50K- AppID EA SYS 50K FPM HW EXT RE, mf". ANAL Y'ric s I Year 01/21/ SYS DEPL system Application Warranty 2025 management for 50K Flows/Minute using analytics engine PV -50K- AppID EA SYS 50K FPM HW EXT RE, mf". ANAL Y'ric s I Year SYS -2 W[PAS SYS 50K FPM HW Warranty W[PAS PV -A-300 AppID EA APPLIANCE EXT RE, mf". ANAL Y'ric s I Year 12/29/ (HARDWARE, ONLY) APPLIANCE Warranty 2022 (HARDWARE, ONLY PV -A-300- AppID I OG INTERFACE I OG INTERFACE I Year I OG-IJG UPGRADE FOR PVA305 UPGRADE FOR PV -A- Warranty 300 Attachment D Page 353 of 471 Page 769 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. PV -FC -180 Apply EA APP SIHNSOR 4 SFP+ EXTRE, Kif". ANALY'rics I Year PORTS APP SIHNSOR 4 SFP+ Warranty PORTS PV -FC -180- Apply FAA Purview Application PURVIEW APP I Year 01/15/ G Sensor w/ 2 PSB SIH NSOR, 4 SFP+ Warranty 2025 POR-rs(-rAA) PV -FPM- Apply EA LICIHNSE 100K FPM EXTREME ANALY'rics Software 100K LICIHNSE 100K FPM Warranty PV -FPM -1M Apply EA LICIHNSE IM FPM EXTREME ANALY'rics Software LICIHNSE IM FPM Warranty I PV -FPM -3M Apply EA LICIHNSE FOR 3M EXT RE, KIT". ANAL Tric s Software FPM LICIHIon SE FOR 3M FPM Warranty PV -FPM- Apply EA LICIHNSE 500K FPM EXTREME ANALY'rics Software 500K LICIHNSE 500K FPM Warranty PV -FPM- Apply EA LICIHNSE 50K FPM EXTREME ANALY'rics Software 50K LICIHNSE 50K FPM Warranty PV-V50K- Apply EA SYS 50K FPM VIRT EXT RE, Kif". ANAL Y'r ic s I Year 01/21/ SYS DEPL system Application Warranty 2025 management for 50K Flows/Minute using virtual analytics engine PV -V -50K- AppID EA SYS 50K FPM VIRT EXT RE, mi-,". ANAL Y'r ic s I Year SYS -2 W[PAS SYS 50K FPM VIR'r Warranty W[PAS PWR- WiNG PWR SUPPLY POWER SUPPLY I Month BGA48VI20 Wireless 100240VAC 48VDC 2.5A INFRAs,rRtjc,r(JREPO Warranty WOWW WER BRICKACDC2.5 A Wing 48VDC 120W PWR- WiNG PS ACDCO.93 A 45W POWER SUPPLY I Month BGA48V45 Wireless INFRAsmuuruRE, ADAP'rORPOWER Warranty WOWW BRICKACDCO.93 Wing APOWER SUPPLY INF RAs,rRtjc,r(JREPO WER BRICKACDCO.9375 A 45W QSFP-SFPP- Modular 100113 QSFP+SIS P+ 100113, QSFP+-SFP+ I Year AF P'r Interfaces ADAP'rOR ADAP'rOR Warranty RAN4054A WING ANTT".NNA ou'rDOOR 8 Environment Outdoor I Year 06/30/ Wireless dBi 2AG1-IZ Rated Down tilt 'Type Warranty 2020 Dipole Gain 8 dBi 2AG1-Iz Connector NMale RFS -4000- WING LICIHNSE12 ADAPTIVE LICIHNSE12 ADAPTIVE Software 12ADP-1-IC Wireless FOR R 5400 FOR RFS4000 Warranty RFS -4000- WiNG LICIHNSE24 ADAPTIVE LICIHNSE24 ADAPTIVE Software 24ADP-1-IC Wireless FOR R 5400 FOR RFS4000 Warranty Attachment D Page 354 of 471 Page 770 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. RFS -4000- WiNG I-ICF".NSE48 ADAPTNE LICF".NSE48 ADAP'FiVE Software 48ADP-1-IC Wireless FOR RFS4000 FOR RFS4000 Warranty RFS -4000- WING IICI-,".NSE RFS4000 LICF".NSE RFS4000 Software 6ADP-1-IC Wireless SERIES 6 ADP SERIES 6 ADP Warranty RFS -4010- WING RFS400OW/ INT POE +PS RFS400OW/ I Year 00010 -WR Wireless IN'r.POE +PS Warranty Wing RFS -4010- WiNG RFS400OW/ INTPOE+PS RFS400OW/ I Year 07/17/ 00010-ZIJS Wireless IN'r.POE+PS Warranty 2023 Wing RFS -4010- WiNG RACK MOUNTFRAY I[1 RACK MOUNT TRAY I Month m,rK,r i u- Wireless RF' 54010 IIJ F' 54010 Warranty WR Wing RFS -4011- WiNG Summit WM3411 Rack Summit WM3411 Rack I Year 06/30/ m' 'r2[1- Wireless Mount Kit Mount Kit Warranty 2020 WR RFS -6010- WING KIT sWrrCH IAF; 56010 KIT sWTrCH RFS6010 I Year 06/21/ 100R0 -WR Wireless wim ZERO POR'rs wim ZERO POR'rs Warranty 2021 Wing RFS -6010- WiNG I -ICI -,".NSE ADAPTIVE AP [.ICI -,".NSE ADAP'FiVE Software ADP -128 Wireless 128 POR'rRF56000 AP 128 POR'rRF56000 Warranty RFS -6010- WiNG I -ICI -,".NSE ADAPTIVE AP [.ICI -,".NSE ADAP'FiVE Software ADP -16 Wireless 16 POR'rRF56000 AP 16 POR'rRF56000 Warranty RFS -6010- WiNG I -ICI -,".NSE ADAPTNE AP [.ICI -,".NSE ADAP'FiVE Software ADP -256 Wireless 256 POR'rRF56000 AP 256 POR'rRF56000 Warranty RFS -6010- WiNG I -ICI -,".NSE ADVANCED LICIH.NSE ADVANCED Software ADSEC-LIC Wireless SEC(1RI'rYRF56000 SEC(1RI'rYRF56000 Warranty RFS -6010- WING IICI-,".NSE 8 LICIH.NSE 8 Software t1c-08- Wireless POR'rRF56000 SERIES POR'rRF56000 SERIES Warranty WWII RFS -7010- WiNG I -ICI -,".NSE ADAPTIVE AP [.ICI -,".NSE ADAP'FiVE Software ADP -1024 Wireless 1024 POR'rRFS7000 AP 1024 POR'rRF57000 Warranty RFS -7010- WiNG I -ICI -,".NSE ADAPTIVE AP [.ICI -,".NSE ADAP'FiVE Software ADP -512 Wireless 512 POR'rRFS7000 AP 512 POR'rRF57000 Warranty RFS -7010- WiNG I -ICI -,".NSE ADAPTNE AP [.ICI -,".NSE ADAP'FiVE Software ADP -64 Wireless 64 POR'rRF57000 AP 64 POR'rRF57000 Warranty RFS -7010- WiNG I -ICI -,".NSE ADVANCED LICIH.NSE ADVANCED Software ADSEC-LIC Wireless SEC(1RI'rYRF57000 SEC(1RI'rYRF57000 Warranty RFS -7010- WING UPGRADE CERT 16 UPGRADE CERT 16 Software I1C-16-WR Wireless POR'rRF57000 SERIF, POR'rRF57000 SERIF, Warranty RMK- SRA RACK MOUNT KIT FOR MI.XE32 RACK I Year 4pos,r- 32Si-o,r sys,rEMS MO1JN'r K1'r FOR A Warranty MI -XE -32 4pos-r RACK (FLUSH MO(JN'r INs'rAIJ-A'riON) Attachment D Page 355 of 471 Page 771 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. RMK-CAB- SRA FRIJ M[.XE,32 4pos'r M[-Xe32 4Post Rack Kit I Year Cil o- RACK KI'r cro Custom Federal Warranty MI -XE -32 Rack/Cabinet (Cil o). RMK-CAB- SRA MLXE,16 MOUNT KIT MLXE,16 MOUNT KIT I Year MI -XE -16 CABINE'r/4 Pos'r RACK For M[-Xe16 installation Warranty in a Cabinet or a 4 post Rack. Includes a Cable Management Comb for cable management RMK-CAB- SRA MLXE,32 RACK MOUNT MLXE,32 RACK I Year MI -XE -32 ICI' r FOR INs'ri- IN CAB MO[JN'r ISI' r FOR Warranty INs'rAI,I-A'riON IN CABINE-r (RECESS KI -r) RMI,', -CAB- SRA M[-XE,4 MOUNT KIT M[-XE,4 MOUNT KIT I Year MI -XE -4 CABINE'r/4 Pos'r RACK For M[-Xe4 installation in Warranty a Cabinet or a 4 post Rack RMK-CAB- SRA M[-XE,8 MOUNT KIT M[-XE,8 MOUNT KIT I Year MI -XE -8 CABINE'r/4 Pos'r RACK For M[-Xe8 installation in Warranty a Cabinet or a 4 post Rack RMC -NI -X- SRA RACK MOUNT KIT FOR M[-Xe32 / MI -X32/ I Year 32 32Si-o,r sys,rEMS XMR32000 Rack Mount Warranty Kit for installation in a standard 2 post rack RPS9 SRA 50OW AC PWR SUPPLY 50OW AC Power supply I Year FOR NI CER/CES SERIES for NetIron CES NetIron Warranty CER and Server1ron ADX 1000 Series RPS9DC SRA 50OW DC PWR SUPPLY 50OW DC Power supply I Year FOR NI CER/CES SERIES for NetIron CES NetIron Warranty CER and and Server1ron ADX 1000 Series RPS9DC-I SRA RPS9DCIEXI-IA(1s,r 50OW DC Power Supply No with supply side intake Warranty airflow Si- Modular SSE IES S1 CHASSIS A SSE IES S1 CHASSIS A I Year 04/30/ CHASSIS -A 1-3 wim FANS wim FANS Warranty 2024 Switching SI-EOS- Modular SI/SIA USE CAPACITY SI/SIA USE Software 04/30/ USE 1-3 I -ICI -,".NSE UPGRADE CAPACI'ry [.ICI -,".NSE Warranty 2024 Switching UPGRADE SI-EOS- Modular S1 VIRTUAL SWITCH S1 VIRTUAL SWITCH Software 04/30/ VSB 1-3 BONDING [.ICI -,".NSE BONDING [.ICI -,".NSE Warranty 2024 Switching Attachment D Page 356 of 471 Page 772 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SI -FAN -A Modular S I A FAN TRAY S1 A FANTRAY I Year 04/30/ 1-3 Warranty 2024 Switching 51-1 O(JN'r- Modular SI MO UNT ING IT I Year 04/30/ Krr 1-3 Warranty 2024 Switching SI -5150- Modular S1 CHASSIS 16PORTs I Year 12/31/ l0G-B(JN 1-3 SF P+ B UN D LE wim Warranty 2019 Switching 5150 53-108SFP- Modular S3 5130 108 PORT SIP I Year 12/31/ BUN 1-3 BUNDLE Warranty 2019 Switching S3- Modular SSERIES S3 SSE IES S3 I Year 04/30/ CHASSIS -A 1-3 CHAS si s/i,'AN'rRAY CHAS si s/i,'AN'r RAY Warranty 2024 Switching S3- Modular S3 CHASSISA AND 4 S3 CHASSISA AND 4 1 Year 04/30/ CHASSIS- 1-3 BAY POE SHELF BAY POE SHELF Warranty 2024 POEA Switching S3- Modular S3MIDMO(JN'rKI'r I Year 04/30/ MIDMOUN 1-3 Warranty 2024 'r-KI'r Switching S3 -POE- Modular S3 4 BAY POE UPGRADE I Year 04/30/ 4BAY-(JGK 1-3 KI'r Warranty 2024 Switching 54-64SFPP- Modular S4 64 PORTS SFP+ I Year 12/31/ BUN 1-3 Warranty 2019 Switching S4- Modular SSE IES S4 SSE IES S4 I Year 04/30/ CHASSIS 1-3 CHAS si s/i,'AN'rRAY CHAS si s/i,'AN'r RAY Warranty 2024 Switching S4- Modular SSE IES S4 AND 4 BAY SSE IES S4 AND 4 1 Year 04/30/ CHASSIS- 1-3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S4- Modular S4MIDMO(1N'rKI'r I Year 04/30/ MIDMOUN 1-3 Warranty 2024 'r-KI'r Switching S4 -POE- Modular S4 4 BAY POE UPGRADE I Year 04/30/ 4BAY-(JGK 1-3 KI'r Warranty 2024 Switching 56-96SFPP- Modular S6 96 PORTS SFP+ I Year 12/31/ BUN 1-3 Warranty 2019 Switching S6- Modular S6 CHASSIS W S6 FANS S6 CHASSIS W S6 I Year 04/30/ CHASSIS 1-3 FANS Warranty 2024 Switching Attachment D Page 357 of 471 Page 773 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. S6- Modular SSERIES S6 AND 4 BAY SSE IES S6 AND 4 1 Year 04/30/ CHASSIS- 1-3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S6 -FAN Modular S6FAN I Year 04/30/ 1-3 Warranty 2024 Switching S6- Modular S6MIDMO(JN'rKI'r I Year 04/30/ MIDMOUN 1-3 Warranty 2024 'r-KI'r Switching S8- Modular S8POE4 348 PORT I Year 12/31/ 348,rRpi-- 1-3 'r RI P LE S PEI-,", D B UN D LE Warranty 2019 BUN Switching S8- Modular SSE IES S8 SSE IES S8 I Year 04/30/ CHASSIS 1-3 CHAS si s/i,'AN'r RAYS CHAS sis/i,'AN'rRAYS Warranty 2024 Switching S8- Modular SSE IES S8 AND 4 BAY SSE IES S8 AND 4 1 Year 04/30/ CHASSIS- 1-3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S8- Modular SSE IES S8 AND 8 BAY SSE IES S8 AND 8 1 Year 04/30/ CHASSIS- 1-3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE8 Switching S8- Modular S8MIDMO(JN'rKI'r I Year 04/30/ MIDMOUN 1-3 Warranty 2024 'r-KI'r Switching S8 -POE- Modular S8 4 BAY POE UPGRADE I Year 04/30/ 4BAY-(JGK 1-3 KI'r Warranty 2024 Switching S8 -POE- Modular S8 8 BAY POE UPGRADE I Year 04/30/ 8BAY-(JGK 1-3 KI'r Warranty 2024 Switching S -AC -PS Modular SSE IES AC POWER I Year 04/30/ 1-3 SUPPLY S3/S4/S8 Warranty 2024 Switching S -AC -PS- Modular 15 AMP S POWER I Year 04/30/ 15A 1-3 SUPPLY Warranty 2024 Switching S -AC -PS -G Modular SSE IES AC POWER I Year 04/30/ 1-3 SUPPLY S3/S4/S6/S8 Warranty 2024 Switching 'rAA S -DC -PS Modular SSE IES DC POWER I Year 04/30/ 1-3 SUPPLY S3/S4/S8 Warranty 2024 Switching S-EOS- Modular SSFP RIES FLOW SSERIES FLOW Software FLOW 1-3 CAPAcrry [.ICI -,".NSE CAPACI'ry [.ICI -,".NSE Warranty Switching Attachment D Page 358 of 471 Page 774 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. S-EOS- Modular SSERIES MACSEC Software 04/30/ KMACSEC L3 LICE".NSE Warranty 2024 Switching S-EOS-1-3- Modular 5130 CLASS ROuTING 5130 CLASS ROUTING Software 04/30/ 5130 1-3 LICE".NSE LICE".NSE Warranty 2024 Switching S-EOS-1-3- Modular 5150 CLASS ROFFING 5150 CLASS ROUTING Software 04/30/ 5150 1-3 LICE".NSE LICE".NSE Warranty 2024 Switching S-EOS- Modular SSE IES MACSEC SSE IES MACSEC Software 04/30/ MACSEC 1-3 LICE".NSE LICE".NSE Warranty 2024 Switching S-EOS-PPC Modular PORT USE CAPACITY PORT USE CAPACITY Software 04/30/ 1-3 LICE".NSE LICE".NSE Warranty 2024 Switching S-EOS-VSB Modular VIRTUAL SWITCH VIRTUAL SWITCH Software 04/30/ 1-3 BONDING CHASSIS BONDING CHASSIS Warranty 2024 Switching LICE".NSE LICE".NSE S - FAN Modular SSE IES FANTRAY I Year 04/30/ 1-3 S3/S4/S8 Warranty 2024 Switching SG1201- Modular SIOM 48 PORT SIP W2 SIOM 48 PORT SIP W2 I Year 12/31/ 0848 1-3 op'rIONSi-o'rs op'rIONSi-o'rs Warranty 2019 Switching SG1201- Modular SI/OFAB 48 PORT SIP SI/OFAB 48 PORT SIP I Year 12/31/ 0848-176 1-3 W2 opsi-o'rs W2 opsi-o'rs Warranty 2019 Switching SG2201- Modular 5140 48PORT SIP 10 5140 48PORT SIP 10 1 Year 04/30/ 0848 1-3 Warranty 2024 Switching SG2201- Modular 5140 48PORT SIP 10 5140 48PORT SIP 10 1 Year 04/30/ 0848G 1-3 (-FAA) (-FAA) Warranty 2024 Switching SG4101- Modular SIOM 48 PORT SIP W1 SIOM 48 PORT SIP W1 I Year 04/30/ 0248 1-3 op'rION si-o'r op'rION si-o'r Warranty 2024 Switching SG4101- Modular SIOM 48 PORT SIP W1 SIOM 48 PORT SIP W1 I Year 04/30/ 0248G 1-3 op-IONsi-o-r (-FAA) op -LION si-o-r (-FAA) Warranty 2024 Switching SG5201- Modular 5155 CLASS 1/0 FABRIC 5155 CLASS 1/0 1 Year 12/31/ 0848-176 1-3 48 POR'rs SIP +2 OM FABRIC 48 POR'rs SIP Warranty 2019 Switching +2 OM SG8201- Modular S180 48PORT SIP S180 48PORT SIP I Year 04/30/ 0848-178 1-3 FABRIC FABRIC Warranty 2024 Switching Attachment D Page 359 of 471 Page 775 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SG8201- Modular S180 48PORT SIP S180 48PORT SIP I Year 04/30/ 0848-F 8G 1-3 FABRIC (-rAA) FABRIC (-rAA) Warranty 2024 Switching SGI-2001- Modular 48 PORTs SIP 2 PORTS 48 PORTs SIP 2 PORTs I Year 04/30/ 0850 1-3 QSFP+ S140 I/O QSFP+ S140 I/O Warranty 2024 Switching SGI-2001- Modular 48 PORT SI P2 PORTs 48 PORT SI P2 PORTs I Year 04/30/ 0850G 1-3 QSFP+S140 i/o(-rAA) QSFP+S140 i/o(-rAA) Warranty 2024 Switching SIS 1008- Modular SIOM 16 PORTs SIP SIOM 16 PORTs SIP I Year 12/31/ 0816 1-3 PLUS PLUS Warranty 2019 Switching SIS 1208- Modular SI/OFAB 8 SFP+ PORTs SI/OFAB 8 SI P+ PORTs I Year 12/31/ 0808-176 1-3 W2 opsi-o'rs W2 opsi-o'rs Warranty 2019 Switching SK2008- Modular 5140 32PORT SI PP 10 5140 32PORT SI PP 10 1 Year 04/30/ 0832 1-3 Warranty 2024 Switching SK2008- Modular 5140 32PORT SI PP 10 5140 32PORT SI PP 10 1 Year 04/30/ 0832G 1-3 (-rAA) (-rAA) Warranty 2024 Switching SK2009- Modular 5140 24PORT iociivr io 5140 24PORT IOGBT io I Year 04/30/ 0824 1-3 Warranty 2024 Switching SK2009- Modular 5140 24PORT iociirr io 5140 24PORT IOGBT io I Year 04/30/ 0824G 1-3 (-rAA) (-rAA) Warranty 2024 Switching SK5208- Modular 155 CLASS 1/0 FABRIC 8 155 CLASS 1/0 FABRIC I Year 12/31/ 0808-176 1-3 POR'rs lOGB + 20M 8 POR'rs lOGB + 20M Warranty 2019 Switching SK8008- Modular S180 24PORT SI PP 10 5180 24PORT SI PP 10 1 Year 04/30/ 1224 1-3 Warranty 2024 Switching SK8008- Modular S180 24PORT SI PP 5180 24PORT SI PP I Year 04/30/ 1224-178 1-3 FABRIC FABRIC Warranty 2024 Switching SK8008- Modular S180 24PORT SI PP 5180 24PORT SI PP I Year 04/30/ 1224-F 8G 1-3 FABRIC (-rAA) FABRIC (-rAA) Warranty 2024 Switching SK8008- Modular S180 24PORT SI PP 10 5180 24PORT SI PP 10 1 Year 04/30/ 1224G 1-3 (-rAA) (-rAA) Warranty 2024 Switching SK8009- Modular S180 24PORT iociirr io S180 24PORT IOGBT io I Year 04/30/ 1224 1-3 Warranty 2024 Switching Attachment D Page 360 of 471 Page 776 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SK8009- Modular S180 24PORT iociivr S180 24PORT inch rr I Year 04/30/ 1224-178 1-3 FABRIC FABRIC Warranty 2024 Switching SK8009- Modular S180 24PORT inch rr S180 24PORT inch rr I Year 04/30/ 1224-F8G 1-3 FABRIC (-rAA) FABRIC (-rAA) Warranty 2024 Switching SK8009- Modular S180 24PORT inch rr io S180 24PORT IOGBT io I Year 04/30/ 1224G 1-3 (-rAA) (-rAA) Warranty 2024 Switching SK8208- Modular 8 PORTs SFP+ S180 8 PORTs SFP+ S180 I Year 04/30/ 0808-178 1-3 FABRIC wim 2 OP FABRIC wim 2 OP Warranty 2024 Switching MOD MOD SK8208- Modular 8 PORTs SF P+ 5180 8 PORTs SF P+ 5180 I Year 12/19/ 0808-F8G 1-3 FABRIC W/2 OP FABRIC W/2 OP Warranty 2023 Switching 1iD('rAA) MOD(-rAA) SKI -8008- dular 8 PORTs SF P+ 2 PORTs 8 PORTs SF P+ 2 PORTs I Year 12/19/ 0810-178 1-3 QSFP+ 5180 FABRIC QSFP+ 5180 FABRIC Warranty 2023 Switching SKI -8008- Modular 8 PORTs SF P+ 2 PORTs 8 PORTs SF P+ 2 PORTs I Year 04/30/ 0810-F 8G 1-3 QSFP+S180 FAB(-rAA) QSFP+S180 FAB(,rAA) Warranty 2024 Switching S1-8013- Modular S180 6PORT QSFP 10 5180 6PORT QSFP 10 1 Year 06/24/ 1206 1-3 Warranty 2023 Switching S1-8013- Modular S180 6PORT QSFP 10 A 5180 6PORT QSFP 10 A I Year 04/30/ 1206A 1-3 Warranty 2024 Switching S1-8013- Modular S180 6PORT QSFP 10 A 5180 6PORT QSFP 10 A I Year 04/30/ 1206AG 1-3 (-rAA) (-rAA) Warranty 2024 Switching S1-8013- Modular S180 6PORT QSFP 5180 6PORT QSFP I Year 12/31/ 1206-178 1-3 FABRIC FABRIC Warranty 2023 Switching S1-8013- Modular S180 6PORT QSFP 5180 6PORT QSFP I Year 04/30/ 1206-178A 1-3 FABRIC A FABRIC A Warranty 2024 Switching S1-8013- Modular S180 6PORT QSFP 5180 6PORT QSFP I Year 04/30/ 1206-178AG 1-3 FABRIC A (-rAA) FABRIC A (-rAA) Warranty 2024 Switching SOG2201- Modular 12 PORTs SF'rYPE1 12 PORTs SF'rYPE1 I Year 04/30/ 0112 1-3 OM OM Warranty 2024 Switching SOG2201- Modular 12 PORTs SF'rYPE1 12 PORTs SF'rYPE1 I Year 04/30/ 0112G 1-3 om (-rAA) om (-rAA) Warranty 2024 Switching Attachment D Page 361 of 471 Page 777 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. S03GK2218- Modular 10SFP 2SFP+ PORTS 10SFP 2SFP+ PORTS I Year 04/30/ 0212 1-3 'rYPE2 OM 'rYPE2 OM Warranty 2024 Switching S03GK2218- Modular l0SFP 2SFP+ PORTS l0SFP 2SFP+ PORTS I Year 04/30/ 021201 1-3 -rYPE2 om (-1 AA}-rYPE2 om (-1AA}Warranty 2024 Switching SO 2208- Modular 2 PORTS SFP+'rYPE1 2 PORTS SFP+'rYPE1 I Year 04/30/ 0102 1-3 OM OM Warranty 2024 Switching SO 2208- Modular 2 PORTS SFP+'rYPE1 2 PORTS SFP+'rYPE1 I Year 04/30/ 010201 1-3 om (-1AA}om (-1AA}Warranty 2024 Switching SO 2208- Modular 4 PORTS SFP+'rYPE1 4 PORTS SFP+'rYPE1 I Year 04/30/ 0104 1-3 OM OM Warranty 2024 Switching SO 2208- Modular 4 PORTS SFP+'rYPE1 4 PORTS SFP+'rYPE1 I Year 04/30/ 010401 1-3 om (-1AA}om (-1AA}Warranty 2024 Switching SO 2208- Modular 4 PORTS SFP+'rYPE2 4 PORTS SFP+'rYPE2 I Year 04/30/ 0204 1-3 OM OM Warranty 2024 Switching SO 2208- Modular 4 PORTS SFP+'rYPE2 4 PORTS SFP+'rYPE2 I Year 04/30/ 020401 1-3 om (-1AA}om (-1AA}Warranty 2024 Switching SO 2209- Modular 1o01i3TTYPE2 OPTION 1o01i3TTYPE2 OPTION I Year 04/30/ 0204 1-3 MODULE MODULE Warranty 2024 Switching SO 2209- Modular 1o01i3TTYPE2 OPTION 1o01i3TTYPE2 OPTION I Year 04/30/ 020401 1-3 MODULE (-rAA) MODULE (-rAA) Warranty 2024 Switching so,r2206- Modular 12 P03RTsTRIPLETYPE1 12 PORTsTRIPLE I Year 04/30/ 0112 1-3 OM 'rYPE1 OM Warranty 2024 Switching so,r2206- Modular 12 P03RTsTRIPLETYPE1 12 PORTsTRIPLE I Year 04/30/ 011201 1-3 om (-1AA}-rYPE 1031 (-1AA}Warranty 2024 Switching so, K2268- Modular ToTS 2SFP+ PORTS ToTS 2SFP+ PORTS I Year 04/30/ 0212 1-3 'rYPE2 OM 'rYPE2 OM Warranty 2024 Switching so, K2268- Modular ToTS 2SFP+ PORTS ToTS 2SFP+ PORTS I Year 04/30/ 021201 1-3 -rYPE2 om (-1AA}-rYPE2 om (-1AA}Warranty 2024 Switching SOV3008- Modular 4 PORT VSB 4 PORT VSB I Year 04/30/ 0404 1-3 EXPANSION MODULE EXPANSION MODULE Warranty 2024 Switching Attachment D Page 362 of 471 Page 778 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SOV3008- Modular 4 PORT VSB 4 PORT VSB I Year 04/30/ 0404E 1-3 EXPANSION MODULE EXPANSION MODULE Warranty 2024 Switching (,FAA) (-FAA) SOV3208- Modular 2 VSB PORTTYPE2 OM 2 VSB PORTTYPE2 OM I Year 04/30/ 0202 1-3 Warranty 2024 Switching SOV3208- Modular 2 VSB PORTTYPE2 OM 2 VSB PORTTYPE2 OM I Year 04/30/ 0202G 1-3 (-FAA) (-FAA) Warranty 2024 Switching S -POE -PS Modular SSI RIES POE POWER SSI RIES POE POWER I Year 04/30/ 1-3 SUPPLY SUPPLY Warranty 2024 Switching SP-SWSV-P- WING AIRDEFI-,".NSE ADSP AIRDI-,".FI-,".NSE ADSP Software I Wireless SERVER SW LICIH.NSE SERVER SW LICIH.NSE Warranty SSA -AC -PS- Modular FAA COM[ IANT SSA I Year 04/30/ 1 OOOG 1-3 1000W PS Warranty 2024 Switching SSA -AC -PS- Modular SSA AC POWER SUPPLY S -Series Standalone (SSA I Year 01/15/ 1000W 1-3 1000W 5130 and SSA150 Class) Warranty 2025 Switching and SI Chassis - AC and PoE power supply, 15A, 110-240VAC input, (1000/1200W) SSA -AC -PS- Modular SSA AC POWER SUPPLY S -Series Standalone (SSA I Year 01/15/ 625W 1-3 625W 5130 and SSA150 Class) - Warranty 2025 Switching AC power supply, 151, 100-240VAC input, (625W) SSA-EOS- Modular SSA DOUBLE USER SSA DOUBLE USER Software 2X(1SER 1-3 CAPAcrry [.ICI -,".NSE CAPACI'ry [.ICI -,".NSE Warranty Switching SSA-EOS- Modular VIRTUAL SWITCH VIRTUAL SWITCH Software VSB 1-3 BONDING SSA LICIH.NSE BONDING SSA Warranty Switching LICIH.NSE SSA -FAN- Modular SSA AN S -Series Standalone (SSA I Year 01/15/ Krr 1-3 REP[-ACEmi-,".N,r KI'r 5130 and 5150 Class) - Warranty 2025 Switching Replacement fan assembly (Single FAN) SSA -FB -AC- Modular SSA F'rB PS 1/0 SIDE S -Series Standalone I Year 01/15/ PS -A 1-3 EXI-IA(Js,r (SSA180 Front to Back) - Warranty 2025 Switching AC power supply, 151, 100-240VAC input, I/O side exhaust SSA -FB -AC- Modular SSA F'rB PS 10 SIDE S -Series Standalone I Year PS -I3 1-3 IN'rAKE (SSA180 Front to Back) - Warranty Switching AC power supply, 15A, Attachment D Page 363 of 471 Page 779 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 364 of 471 Page 780 of 1515 100-240VAC input, I/O side intake SSA -FB- Modular SSA FRONTTO BACK SSA FRONTTO BACK I Year 01/15/ FAN 1-3 FAN,rRAY FLAN ,rRAY Warranty 2025 Switching SSA -FB- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ FAN -G 1-3 SSA180 FAN ASSEMBLY SSA180 FAN Warranty 2024 Switching ASSEM131-Y SSA -FB- Modular OPTIONAL Optional Rack Mount it No 01/15/ MOIJN,rKl,r 1-3 RACKMO(JN,r KI,r FOR for the S SA 180 'Front to Warranty 2025 Switching SSA FB MODELS Back'models. SSA-GI018- Modular SSA 48 SF P AND 4 SI PP SSA 48 SIP AND 4 SI PP I Year 03/31/ 0652 1-3 POR,rs ix POR,rs ix Warranty 2021 Switching SSA -018018- Modular SSA180 F RONT To SSA180 FRONTro I Year 01/15/ 0652 1-3 BACK SF P BACK SF P Warranty 2025 Switching SSA -018018- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ A -G 1-3 SSA180 SF P wim 2 PSA SSA180 SF P wim 2 Warranty 2024 Switching PSA SSA -018018- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ B -G 1-3 SSA180 SF P wim 2 PSB SSA180 SF P wim 2 Warranty 2024 Switching PSB SSA -T1068- Modular SSA 48TS RJ45 POEAT SSA 48TS RJ45 POEAT I Year 01/15/ 0652A 1-3 AND 4 SI PP PC R,r IXA AND 4 SI PP PC R,r IXA Warranty 2025 Switching SSA -T1068- Modular SSA150ATRIPLE SPEED SSA150ATRIPLE I Year 04/30/ 0652G 1-3 POE,rAA SPEED POE,rAA Warranty 2024 Switching SSA -T4068- Modular SSA 48 TS RJ45 POE AT SSA 48 TS RJ45 POE AT I Year 01/15/ 0252 1-3 AND 4 SI PP PC R,r 4X AND 4 SI PP PC R,r 4X Warranty 2025 Switching SSA -T4068- Modular SSA 48 TS RJ45 POE AT 4 SSA 48 TS RJ45 POE AT I Year 04/30/ 0252-G 1-3 SI PP PC R,r 4X,rAA 4 SI PP PC R,r 4X,rAA Warranty 2024 Switching SSA -T8028- Modular SSA180 F RONT To SSA180 FRONTro I Year 01/15/ 0652 1-3 BACK rrRIPLES PEED BACK rrRIP[-ESPI-,".I-,".D Warranty 2025 Switching SSA -T8028- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ A -G 1-3 SSA180,rs wim 2 PSA SSA180,rs wim 2 PSA Warranty 2024 Switching SSA -T8028- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ B -G 1-3 SSA180,rs wim 2 PSB SSA180,rs wim 2 PSB Warranty 2024 Switching Attachment D Page 364 of 471 Page 780 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SSA-WAIJ-- Modular SSA 130 I50 CLASS SSA 5130, 5150 and I Year 01/15/ MO(JN'r 1-3 WALL MO(JN'r SSA180 class Wall Mount Warranty 2025 Switching BRACKET Bracket SSCON- Fixed 1-3 CONSOLE CABLE FOR No 11/01/ CAB SECURE s'rACK B2 AND Warranty 2023 C2 s'r 1206- Modular SIOM 48 POR'rs'rS RJ45 SIOM 48 PORTs Ts I Year 12/31/ 0848 1-3 POE A'r W2 OPSL RJ45 POE A'r W2 OPSL Warranty 2019 Switching s'r 1206- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF I Year 12/31/ 0848-176 1-3 W2 onsi-urs POE W2 orrsi.o'rs Warranty 2019 Switching sT2206- Modular 5140 48PORT'rs io 5140 48PORT'rs io I Year 12/31/ 0848 1-3 Warranty 2023 Switching sT2206- Modular 5140 48PORT'rs 10 A 5140 48PORT'rs 10 A I Year 04/30/ 0848A 1-3 Warranty 2024 Switching sT2206- Modular 5140 48PORT'rs 10 A 5140 48PORT'rs 10 A I Year 04/30/ 0848AG 1-3 (-FAA) (-FAA) Warranty 2024 Switching sT4106- Modular SIOM 48 PORTTS RJ45 SIOM 48 PORTTS RJ45 I Year 04/30/ 0248 1-3 POE A'r wi opsi.o'r POE A'r wi opsi.o'r Warranty 2024 Switching sT4106- Modular SIOM 48P TS RJ45 POE SIOM 48P TS RJ45 POE I Year 04/30/ 0248G 1-3 A -r wi opsi-o-r (-FAA) A -r wi opsi-o-r (-FAA) Warranty 2024 Switching s' 4106- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF I Year 01/30/ 0348-176 1-3 wi onsi-urs POE W1 orrsi.o'rs Warranty 2023 Switching s' 4106- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF I Year 04/30/ 0348-F6G 1-3 wi onsi-o-rs (-FAA) POE W1 onsi.urs Warranty 2024 Switching (-FAA) sT5206- Modular 5155 1/0 FABRIC 48 5155 1/0 FABRIC 48 1 Year 12/31/ 0848-176 1-3 POR'rs,rRIPLE4- 2 OM POR'rs,rRIPLE4- 2 OM Warranty 2019 Switching sT8206- Modular S180 48PORTTS FABRIC S180 48POR'Frs I Year 09/30/ 0848-178 1-3 FABRIC Warranty 2020 Switching sT8206- Modular S180 48PORTTS FABRIC S180 48POR'Frs I Year 04/30/ 0848-178A 1-3 A FABRIC A Warranty 2024 Switching sT8206- Modular S180 48PORTTS FABRIC S180 48POR'Frs I Year 04/30/ 0848-178AG 1-3 A (-FAA) FABRIC A (-FAA) Warranty 2024 Switching Attachment D Page 365 of 471 Page 781 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. s,rK-CAB- Fixed 1-3 21 sTACKING CABLE 21 sTACKING CABLE No 21 umnED S(JPPOR'r III nED S[1 PC Warranty s,rK-CAB- Fixed 1-3 51 sTACKING CABLE 51 sTACKING CABLE No 12/31/ 51 Warranty 2022 s,rK-CAB- Fixed 1-3 im sTACKING CABLE im sTACKING CABLE No LONG Warranty s,rK-CAB- Fixed 1-3 30CM sTACKING 30CM sTACKING No SHOR'r CABLE CABLE Warranty s,rK-RPS- Fixed 1-3 3SFur MOD (JI -AR 3SFur MOD (JI -AR I Year 1005CH3 SHELF FOR 1005W PS SHELF FOR 1005W PS Warranty s,rK-RPS- Fixed 1-3 1005W 8023AT POE 1005W 8023AT POE Limited 1005PS REDIJNDAN'r POWER REDIJNDAN'r POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacern ent-2 s,rK-RPS- Fixed 1-3 2SEur MO D (JI -AR 2Si-o,r MODULAR I Year 150CH2 SHELF FOR 150W RPS SHELF FOR 150W RPS Warranty s,rK-RPS- Fixed 1-3 8SEur MO D (JI -AR 8si-o'r MODULAR I Year 150CH8 SHELF FOR 150W PS SHELF FOR 150W PS Warranty s,rK-RPS- Fixed 1-3 150W NONPOE 150W NONPOE Limited 150PS REDIJNDAN'r POWER REDIJNDAN'r POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacern ent-2 s,rK-RPS- Fixed 1-3 500W 8023AT POE 500W 8023AT POE Limited 50OPS REDIJNDAN'r POWER REDIJNDAN'r POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacern ent-2 sTI-2006- Modular 48 PORTs TRIPLE 2 48 PORTs TRIPLE 2 1 Year 04/30/ 0850 1-3 POR-rs QSFP+ 5140 1/0 POR-rs QSFP+ 5140 1/0 Warranty 2024 Switching Attachment D Page 366 of 471 Page 782 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. sTI-2006- Modular 48 PC RTs TRIPLE 2P 48 PC RTs TRIPLE 2P I Year 04/30/ 0850G 1-3 QSFP+ S140 i/o(-rAA) QSFP+ S140 i/o(,rAA) Warranty 2024 Switching SV -1252- WING KITAIRDEFF".NSE KITAIRDEFF".NSE I Year 07/31/ BK- I Wireless BACKUP APPLIANCE BACKUP APPLIANCE Warranty 2022 1252 1252 Wing SV -1252 -P -I WiNG KITAIRDEFF".NSE KITAIRDEFF".NSE I Year 07/31/ Wireless APPLIANCE MODEL APPLIANCE MODEL Warranty 2022 1252 1252 Wing SV -3652- WiNG KITAIRDEFF".NSE KITAIRDEFF".NSE I Year 07/31/ BK -I Wireless BACKUP APPLIANC BACKUP APPLIANC Warranty 2022 3652 3652 Wing SV -3652 -P -I WiNG KITAIRDEFF".NSE KITAIRDEFF".NSE I Year 07/31/ Wireless APPLIANCE MODEL APPLIANCE MODEL Warranty 2022 3652 3652 Wing TS -0524 -WR WiNG TS0524 POWER TS0524 POWER I Year 06/28/ Wireless BROADBAND swrrCH BROADBAND swrrCH Warranty 2024 Wing TW -0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 07/13/ 60010-EIJ Wireless AP802.11 ABCIN EIJ AP802.11 ABCIN EIJ Lifetime 2022 Warranty Wing TW -0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 07/13/ 60010 -US Wireless AP802.11 ABCIN ITS AP802.11 ABCIN ITS Lifetime 2022 Warranty Wing TW -0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 04/13/ 60010 -WR Wireless AP802.11 ABCIN WR AP802.11 ABCIN WR Lifetime 2022 Warranty Wing TW -0522- WiNG WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 06/28/ 67030 -1 -WR Wireless N.AC. WR NAC. WR Extreme Lifetime 2024 Warranty Wing TW -0522- WING WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 07/28/ 67030-EIJ Wireless N.AC. EIJ NAC. EIJ Lifetime 2023 Warranty Wing TW -0522- WiNG WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 06/28/ 67030 -US Wireless N.AC. ITS NAC. ITS Lifetime 2024 Warranty Wing TW -0522- WING WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 07/28/ 67030 -WR Wireless N.AC. WR N.C. WR Lifetime 2023 Warranty Wing Attachment D Page 367 of 471 Page 783 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. V300 -8P -2'r- VPH V3008P2'rW V3008P2'rW 8 port Limited W 10/100/1000BASE'r Lifetime POE + ports half/full Warranty duplex 2x1000BASE'r with ports POE powered express 802.3bt type 4 fanless Advanced Hardware Replacem ent VIM5-2Q Smart VIM5 2x40GIH, QSFP Versatile Interface Limited OmniEdge Module 5 with two Lifetime Switching 40CIbE (QSFP) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-2Y Smart VIM5 2x25C!I-,"-, SFP28 Versatile Interface Limited OmniEdge Module 5 with two Lifetime Switching 25GbE (SFP28) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-4X Smart VIM5 4xI0CIF,". SFP+ Versatile Interface Limited OmniEdge Module 5 with four Lifetime Switching 10GbE (SFP+) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-4XE Smart VIM5 4xIOCIF,",", SFP+ Versatile Interface Limited OmniEdge MACsec LRM Module 5 with four Lifetime Switching l0GbE (SFP+) ports LRM Warranty MACsec capable with supported on express ExtremeSwitching X465 Advanced and VSP4900 Hardware Replacem ent Attachment D Page 368 of 471 Page 784 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. VI1 54Y Smart VI1 5 4x25GE"", SFP28 Versatile Interface Limited OmniEdge Module 5 with four Lifetime Switching 25GbE (SFP28) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VI1 54YE Smart VI1 5 4x25GE"", SFP28 Versatile Interface Limited OmniEdge MACsec Module 5 with four Lifetime Switching 25GbE (SFP28) ports Warranty MACsec capable with supported on express ExtremeSwitching X465 Advanced and VSP4900 Hardware Replacem ent vmm-ANT WiNG Kl,rM[-2452VMM3M3036 Kl,rM[-2452VMM3M303 I Month CON- Wireless 259026302R 6259026302R Warranty BUNDLE Wing VSP4900- EAN VSP490048P with I I OOW VSP490048P Bundle Limited 48P-131 PSIJ Bundle includes VSP490048P and Lifetime one 1100W AC PSIJ FB Warranty (10941) with express Advanced Hardware Replacem ent VSP4900- EAN VSP490048PBlVIM52Y VSP490048P Bundle Limited 48P -BI -2Y Bundle includes one VSP490048P Lifetime one 1100W AC PSIJ FB Warranty (10941) and one VIM52Y with express Advanced Hardware Replacem ent VSP4900- EAN VSP490048PBI VI1 54X VSP490048P Bundle Limited 48P -BI -4X Bundle includes one VSP490048P Lifetime one 1100W AC PSIJ FB Warranty (10941) and one VIM54X with express Advanced Hardware Attachment D Page 369 of 471 Page 785 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 370 of 471 Page 786 of 1515 Replacern ent VSP4900- FAN VSP490048PBI VI1 54XE VSP490048P Bundle Limited 48P-BI-4XE Bundle includes one VSP490048P Lifetime one 1100W AC PSIJ FB Warranty (10941) and one with VI1 54XE express Advanced Hardware Replacern ent VSP7400- FAN VSP 7432CQ VSP 7400 32 x lOOGbps I Year 32C QSFP28 ports Score CP(J Warranty 16GB RAM 128GB SSD 4post rack mount kit No PSIJ No Fans VSP7400- FAN VSP 7432CQF VSP 7400 32 x lOOGbps I Year 32C -AC -F QSFP28 ports Scare CP(J Warranty 16GB RAM 128GB SSD Single 750W AC PSIJ six fans 4post rack mount kit Front to Back Airflow VSP7400- FAN VSP 7432CQR VSP 7400 32 x lOOGbps I Year 32C -AC -R QSFP28 ports Score CP(J Warranty 16GB RAM 128GB SSD Single 750W AC PSIJ six fans 4post rack mount kit Back to Front Airflow VSP7400- FAN VSP 740048Y8C VSP 7400 48 x I Year 48Y -8C 10/25C!bps SFP28 ports 8 Warranty x lOOGbps QSFP28 ports Score CP(J 16GB RAM 128GB SSD 4post rack mount kit No PSIJ No Fans VSP7400- FAN VSP 740048Y8CACF VSP 7400 48 x I Year 48Y -8C -AC- 10/25C!bps SFP28 ports 8 Warranty F x lOOGbps QSFP28 ports Score CP(J 16GB RAM 128GB SSD Single 750W AC PSIJ six fans 4post rack mount kit Front to Back Airflow VSP7400- FAN VSP 740048Y8CACR VSP 7400 48 x I Year 48Y -8C -AC- 10/25C!bps SFP28 ports 8 Warranty R x lOOGbps QSFP28 ports Attachment D Page 370 of 471 Page 786 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 371 of 471 Page 787 of 1515 Score CP(J 16GB RAM 128GB SSD Single 750W AC PSIJ six fans 4post rack mount kit Back to Front Airflow VSP-PRMR- FAN VSP 4900 Premier License VSP 4900 Premier Software I,E-I-IC-P with MACsec Feature License with Warranty MACsec for I Chassis VSP-PRMR- FAN VSP Premier License VSP 7400 Premier Software LIC -P Feature License Includes Warranty Insight license VSP-PRMR- FAN VSP 4900 Premier License VSP 4900 Premier Software I' -I -IC -P Feature License for I Warranty Chassis VX -9000- WiNG I-ICI-,".NSEVX9000 1024X LICE".NSEVX9000 Software ADP -1024 Wireless ADAP'rIVE AP 1024X ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 16X LICE".NSEVX9000 16X Software ADP -16 Wireless ADAP'rIVE AP ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 256X LICE".NSEVX9000 256X Software ADP -256 Wireless ADAP'rIVE AP ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 512X LICE".NSEVX9000 512X Software ADP -512 Wireless ADAP'rIVE AP ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 64X LICE".NSEVX9000 64X Software ADP -64 Wireless ADAP'rIVE AP ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 LICE".NSEVX9000 Software APPLNC- Wireless APPLIANCE APPLIANCE Warranty LIC VX9- WiNG VX9000 Io sicifrr PERP VX9000 Io sicifrr Software Nsiciurr-i Wireless LIC FOR I AP PERPE'r(JAL LICE"NSE Warranty FOR I AP VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr- Wireless LIC FOR 1024 APS PERPE'r(JAL LICE"NSE Warranty 1024 FOR 1024 APS VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr-16 Wireless LIC FOR 16 APS PERPE'r(JAL LICE"NSE Warranty FOR 16 APS VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr- Wireless LIC FOR 2048 APS PERPE'r(JAL LICE"NSE Warranty 2048 FOR 2048 APS VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr- Wireless LIC FOR 256 APS PERPE'r(JAL LICE"NSE Warranty 256 FOR 256 APS VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr-64 Wireless LIC FOR 64 APS PERPE'r(JAL LICE"NSE Warranty FOR 64 APS Attachment D Page 371 of 471 Page 787 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAB910001 FAN WLAN 9100 WALL WI -AN 9100 WALL I Year 06/30/ -E6 MO(JN'rING BRACKE'r MO[JN'rING BRACKE'r Warranty 2023 FOR 9122 9123 9132 9133 APs WAB910004 FAN ENCLOSURE 12X12X6 POLY ENCLOSURE I Year 04/08/ -E6 IA'rCH LOCK 12X12X6 I-A'rCH LOCK Warranty 2023 4 WAB910005 FAN ENCLOSURE 14X12X6 POLY ENCLOSURE I Year 04/08/ -E6 KEY LOCK 14X12X6 KEY LOCK 4 Warranty 2023 N WAP913200 FAN WAP 9132 n/ac 2X2 ROO WI -AN AP 9132 Limited 06/30/ -E6 US CANADA INDOOR n/ac 2X2 ROO Lifetime 2023 US () CANADA Warranty Wing WAP913201 FAN WAP 9132 N/AC 2X2 RO I WI -AN AP 9132 Limited 06/30/ -E6 'rAIWAN INDOOR N/AC 2X2 ROI Lifetime 2023 'rAIWAN Warranty Wing WAP913202 FAN WAP 9132 N/AC 2X2 R02 WI -AN AP 9132 Limited 06/30/ -E6 MEXICO INDOOR N/AC 2X2 R02 Lifetime 2023 MEXICO Warranty Wing WAP913203 FAN WAP 9132 N/AC 2X2 R03 WI -AN AP 9132 Limited 06/30/ -E6 COLUMBIA INDOOR N/AC 2X2 R03 Lifetime 2023 COI-IJM131A Warranty Wing WAP913204 FAN WAP 9132 N/AC 2X2 R04 WI -AN AP 9132 Limited 06/30/ -E6 SAUDI ARABIA INDOOR N/AC 2X2 R04 Lifetime 2023 SAUDI ARABIA Warranty Wing WAP913205 FAN WAP 9132 N/AC 2X2 R05 WI -AN AP 9132 Limited 06/30/ -E6 CHINA INDOOR N/AC 2X2 R05 Lifetime 2023 CHINA Warranty Wing WAP913206 FAN WAP 9132 n/ac 2X2 R06 WI -AN AP 9132 Limited 06/30/ -E6 EU EF'rA INDOOR n/ac 2X2 R06 Lifetime 2023 EU i-,".F,,rA Warranty Wing WAP913207 FAN WAP 9132 N/AC 2X2 R07 WI -AN AP 9132 Limited 06/30/ -E6 ISRAEL INDOOR N/AC 2X2 R07 Lifetime 2023 ISRAEL Warranty Wing WAP913208 FAN WAP 9132 N/AC 2X2 R08 WI -AN AP 9132 Limited 06/30/ -E6 A(Js,rRAI IA INDOOR N/AC 2X2 R08 Lifetime 2023 A(Js,rRAI,IA Warranty Wing Attachment D Page 372 of 471 Page 788 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913209 EAN WAP 9132 N/AC 2X2 R09 WI -AN AP 9132 Limited 06/30/ -E6 (JAE INDOOR 2X2 I IAC R09 Lifetime 2023 (JAE Warranty Wing WAP913210 EAN WAP 9132 N/AC 2X2 RIO WI -AN AP 9132 Limited 06/30/ -E6 sourl-I KOREA INDOOR N/AC 2X2 RIO Lifetime 2023 sourl-I KOREA Warranty Wing WAP913211 EAN WAP 9132 N/AC 2X2 RI I WI -AN AP 9132 Limited 06/30/ -E6 INDIA INDOOR N/AC 2X2 RI I Lifetime 2023 INDIA Warranty Wing WAP913212 EAN WAP 9132 n/ac 2X2 R12 WI -AN AP 9132 Limited 06/30/ -E6 JORDAN INDOOR n/ac 2X2 R12 Lifetime 2023 JORDAN Warranty Wing WAP913213 EAN WAP 9132 N/AC 2X2 R13 WI -AN AP 9132 Limited 06/30/ -E6 NEW ZEALAND INDOOR N/AC 2X2 R13 Lifetime 2023 NEW ZEALAND Warranty Wing WAP913214 EAN WAP 9132 N/AC 2X2 R14 WI -AN AP 9132 Limited 06/30/ -E6 'rHAILAND INDOOR N/AC 2X2 R14 Lifetime 2023 'rHAILAND Warranty Wing WAP913215 EAN WAP 9132n/ac2X2 R15 WI -AN AP 9132 Limited 06/30/ -E6 JAPAN INDOOR n/ac 2X2 RI 5 Lifetime 2023 JAPAN Warranty Wing WAP913216 EAN WAP 9132 n/ac 2X2 R16 WI -AN AP 9132 Limited 06/30/ -E6 DOMINICAN REP. INDOOR n/ac 2X2 R16 Lifetime 2023 DOMINICAN RE, P. Warranty Wing WAP913217 EAN WAP 9132 n/ac 2X2 R17 WI -AN AP 9132 Limited 06/30/ -E6 BA14AMAS INDOOR n/ac 2X2 R17 Lifetime 2023 BA14AMAS Warranty Wing WAP913218 EAN WAP 9132 N/AC 2X2 R18 WI -AN AP 9132 Limited 06/30/ -E6 QA-rAR INDOOR N/AC 2X2 RI 8 Lifetime 2023 QA-rAR Warranty Wing WAP913219 EAN WAP 9132 n/ac 2X2 R19 WI -AN AP 9132 Limited 06/30/ -E6 INDONESIA INDOOR n/ac 2X2 R19 Lifetime 2023 INDONESIA Warranty Wing Attachment D Page 373 of 471 Page 789 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913220 EAN WAP 9132 n/ac 2X2 R20 WI -AN AP 9132 Limited 06/30/ -E6 EGYp'r INDOOR n/ac 2X2 R20 Lifetime 2023 EGYP'r Warranty Wing WAP913221 EAN WAP 9132 n/ac 2X2 R21 WI -AN AP 9132 Limited 06/30/ -E6 BA14RAIN INDOOR n/ac 2X2 R21 Lifetime 2023 BA14RAIN Warranty Wing WAP913222 EAN WAP 9132 n/ac 2X2 R22 WI -AN AP 9132 Limited 06/30/ -E6 LE"BANON INDOOR n/ac 2X2 R22 Lifetime 2023 LEBANON Warranty Wing WAP913225 EAN WAP 9132 NAC 2X2 R25 WI -AN AP 9132 Limited 06/30/ -E6 CHILE INDOOR NAC 2X2 R25 Lifetime 2023 CHILE Warranty Wing WAP913226 EAN WAP 9132 NAC 2X2 R26 WI -AN AP 9132 Limited 06/30/ -E6 14ONG KONG INDOOR NAC 2X2 R26 Lifetime 2023 HONG KONG Warranty Wing WAP913227 EAN WAP 9132 NAC 2X2 R27 WI -AN AP 9132 Limited 06/30/ -E6 PERIJ INDOOR NAC 2X2 R27 Lifetime 2023 PIS RIJ Warranty Wing WAP913228 EAN WAP 9132 NAC 2X2 R28 WI -AN AP 9132 Limited 06/30/ -E6 Vl-,".NEZIJEI-A INDOOR NAC 2X2 R28 Lifetime 2023 Vl-,".N-A Warranty Wing WAP913229 EAN WAP 9132 NAC 2X2 R29 WI -AN AP 9132 Limited 06/30/ -E6 AI GE".VrINA INDOOR NAC 2X2 R29 Lifetime 2023 ARGE".N'rINA Warranty Wing WAP913230 EAN WAP 9132 N/AC2X2 R30 WI -AN AP 9132 Limited 06/30/ -E6 BRAZIL INDOOR NAC 2X2 R30 Lifetime 2023 BRAZIL Warranty Wing WAP913231 EAN WAP 9132 n/ac 2X2 R31 WI -AN AP 9132 Limited 06/30/ -E6 BRUNEI INDOOR n/ac 2X2 R31 Lifetime 2023 BRUNEI Warranty Wing WAP913232 EAN WAP 9132 NAC 2X2 R32 WI -AN AP 9132 Limited 06/30/ -E6 K(JWAI'r INDOOR NAC 2X2 R32 Lifetime 2023 K(JWAI'r Warranty Wing Attachment D Page 374 of 471 Page 790 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913233 EAN WAP 9132 N/AC 2X2 R33 WI -AN AP 9132 Limited 06/30/ -E6 MALAYSIA INDOOR N/AC 2X2 R33 Lifetime 2023 MALAYSIA Warranty Wing WAP913234 EAN WAP 9132 N/AC 2X2 R34 WI -AN AP 9132 Limited 06/30/ -E6 OMAN INDOOR N/AC 2X2 R34 Lifetime 2023 OMAN Warranty Wing WAP913235 EAN WAP 9132 N/AC 2X2 R35 WI -AN AP 9132 Limited 06/30/ -E6 PHILIPPINES INDOOR N/AC 2X2 R35 Lifetime 2023 PHILIPPINES Warranty Wing WAP913236 EAN WAP 9132 n/ac 2X2 R36 WI -AN AP 9132 Limited 06/30/ -E6 SINGAPORE, INDOOR n/ac 2X2 R36 Lifetime 2023 SINGAPORE Warranty Wing WAP913237 EAN WAP 9132 N/AC 2X2 R37 WI -AN AP 9132 Limited 06/30/ -E6 sourl-I AFRICA INDOOR N/AC 2X2 R37 Lifetime 2023 sourl-I AFRICA Warranty Wing WAP913238 EAN WAP 9132 n/ac 2X2 R38 WI -AN AP 9132 Limited 06/30/ -E6 'rRINIDAD INDOOR n/ac 2X2 R38 Lifetime 2023 'rRINIDAD Warranty Wing WAP913239 EAN WAP 9132 N/AC 2X2 R39 WI -AN AP 9132 Limited 06/30/ -E6 'r(JRKEY INDOOR N/AC 2X2 R39 Lifetime 2023 'r(JRKEY Warranty Wing WAP913240 EAN WAP 9132 N/AC 2X2 R40 WI -AN AP 9132 Limited 06/30/ -E6 RUSSIA INDOOR N/AC 2X2 R40 Lifetime 2023 RUSSIA Warranty Wing WAP913241 EAN WAP 9132 n/ac2X2 R41 WI -AN AP 9132 Limited 06/30/ -E6 MACAU INDOOR n/ac 2X2 R41 Lifetime 2023 MACAU Warranty Wing WAP913243 EAN WAP 9132 n/ac 2X2 R43 WI -AN AP 9132 Limited 06/30/ -E6 VIE'rNAM INDOOR n/ac 2X2 R43 Lifetime 2023 VIETNAM Warranty Wing WAP913246 EAN WAP 9132 n/ac 2X2 R46 WI -AN AP 9132 Limited 06/30/ -E6 MOROCCO INDOOR n/ac 2X2 R46 Lifetime 2023 MOROCCO Warranty Wing Attachment D Page 375 of 471 Page 791 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913247 FAN WAP 9132 n/ac 2X2 R47 WI -AN AP 9132 Limited 06/30/ -E6 Kl-,".NYA INDOOR n/ac 2X2 R47 Lifetime 2023 KI- Ion YA Warranty Wing WAP913248 FAN WAP 9132 n/ac 2X2 R48 WI -AN AP 9132 Limited 06/30/ -E6 AICll-,".RIA INDOOR n/ac 2X2 R48 Lifetime 2023 AI,Cll-,".RIA Warranty Wing WAP913249 FAN WAP 9132 n/ac 2X2 R49 WI -AN AP 9132 Limited 06/30/ -E6 NICII-,".RIA INDOOR n/ac 2X2 R49 Lifetime 2023 NIGl-,RIA Warranty Wing WAP913250 FAN WAP 9132 n/ac 2X2 R50 WI -AN AP 9132 Limited 06/30/ -E6 GHANA INDOOR n/ac 2X2 R50 Lifetime 2023 GHANA Warranty Wing WAP914400 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 ROO US CANADA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 ROO Warranty US CANADA Wing WAP914400 FAN WAP9144 WAVE 2 ROO WI -AN AP 9144 Limited 06/30/ -E6ED ITS CAN (ED(JC) RE, s,rRlc,rED CODE Lifetime 2023 No'r AVAILABLE FOR Warranty Cll-,".NERAI- ORDERS Wing WAP914401 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 ROl'rAIWAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 ROI Warranty 'rAIWAN Wing WAP914402 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R02 MEXICO INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R02 Warranty MEXICO Wing WAP914403 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R03 COLUMBIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R03 Warranty COI-IJM131A Wing WAP914404 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R04 SAUDI ARABIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R04 Warranty SAUDI ARABIA Wing WAP914405 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R05 CHINA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R05 Warranty I CHINA Wing WAP914406 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R06 EU i-,".F,,rA � INDOOR WAVE 2 Lifetime 2023 Attachment D Page 376 of 471 Page 792 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 377 of 471 Page 793 of 1515 DUAL RADIO 4X4 R06 Warranty EIJ EF,'rA Wing WAP914407 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R07 ISRAEL INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R07 Warranty ISRAEL Wing WAP914408 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R08 A(Js,rRAI IA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R08 Warranty A(Js,rRAI,IA Wing WAP914409 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R09 (JAE INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R09 Warranty (JAE Wing WAP914410 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 RIO sourl-I KOREA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 RIO Warranty sourl-I KOREA Wing WAP914411 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 RI I INDIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 RI I Warranty INDIA Wing WAP914412 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R12 JORDON INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R12 Warranty JORDON Wing WAP914413 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R13 NEW ZEALAND INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R13 Warranty NEW ZEALAND Wing WAP914414 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R14'rHAILAND INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R14 Warranty 'rHAILAND Wing WAP914415 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R 15 JAPAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R15 Warranty JAPAN Wing WAP914416 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R16 DOMINICAN RE, P. INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R16 Warranty DOMINICAN RE, P. Wing WAP914417 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R17 BA14AMAS INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R17 Warranty BA14AMAS Wing Attachment D Page 377 of 471 Page 793 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP914418 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R 18 QA-rAR INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R18 Warranty QA-rAR Wing WAP914419 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R19 INDONESIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R19 Warranty INDONESIA Wing WAP914420 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R20 EGYPT INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R20 Warranty EGYP'r Wing WAP914421 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R21 BA14RAIN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R21 Warranty BA14RAIN Wing WAP914422 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R22 1-1-,".13ANON INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R22 Warranty LEBANON Wing WAP914425 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R25 CHILE INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R25 Warranty CHILE Wing WAP914426 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R26 HONG KONG INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R26 Warranty HONG KONG Wing WAP914427 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R27 PERI) INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R27 Warranty PERIJ Wing WAP914428 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R28 VENEZUELA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R28 Warranty VENEZUELA Wing WAP914429 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R29 ARGl-,".N'rINA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R29 Warranty ARGl-,".N'rINA Wing WAP914430 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R30 BRAZI I. INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R30 Warranty I BRAZIL Wing WAP914431 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R31 BRUNEI � INDOOR WAVE 2 Lifetime 2023 Attachment D Page 378 of 471 Page 794 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 379 of 471 Page 795 of 1515 DUAL RADIO 4X4 R31 Warranty BRUNEI in WAP914432 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R32 K(JWAI'r INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R32 Warranty K(JWAI'r Wing WAP914433 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R33 MALAYSIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R33 Warranty MALAYSIA Wing WAP914434 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R34 OMAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R34 Warranty OMAN Wing WAP914435 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R35 PHILIPPINES INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R35 Warranty PHILIPPINES Wing WAP914436 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R36 SINGAPORE, INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R36 Warranty SINGAPORE Wing WAP914437 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R37 sourl-I AFRICA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R37 Warranty sourl-I AFRICA Wing WAP914438 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R38'rRINIDAD INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R38 Warranty 'rRINIDAD Wing WAP914439 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R39'r(JRKEY INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R39 Warranty 'r(JRKEY Wing WAP914440 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R40 RUSSIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R40 Warranty RUSSIA Wing WAP914441 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R41 MACAU INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R41 Warranty MACAU Wing WAP914443 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R43 VIE'rNAM INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R43 Warranty VIETNAM Wing Attachment D Page 379 of 471 Page 795 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP914446 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R46 MOROCCO INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R46 Warranty MOROCCO Wing WAP914447 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R47 ISI-,".NYA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R47 Warranty Kl-,".NYA Wing WAP914448 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R48 AI-Gl-,RIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R48 Warranty AI,Cll-,".RIA Wing WAP914449 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R49 NIGl-,RIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R49 Warranty NIGl-,RIA Wing WAP914450 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R50 GHANA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R50 Warranty GHANA Wing WI-CO002N FAN WI -AN 9100 2 AP I IN TO WI -AN 9100 LICIH.NSE Software 06/30/ AC I IAC LIC NIJ UPGRADE FOR 2 AP Warranty 2023 1 IN to I IAC LIC NIJ WI-CO005A FAN WI -AN 9100 APP WI -AN 9100 Software 06/30/ PP CON'rROI- 5 AP LIC NIJ APPLICA'riON Warranty 2023 CON'rROI- LICIH.NCE SW UPGRADE 5 AP LIC NIJ WI-COOION FAN WI -AN 9100 10 AP I IN to WI -AN 9100 LICIH.NSE Software 06/30/ AC I IAC LIC NIJ UPGRADE FOR 10 AP Warranty 2023 1 IN to I IAC LIC NIJ WI-CO020A FAN WI -AN 9100 APP WI -AN 9100 Software 06/30/ PP CON'rROI- 20 AP LIC NIJ APPLICA'rION Warranty 2023 CON'rROI- LICIH.NCE SW UPGRADE 20 AP LIC NIJ WI-CO050N FAN WI -AN 9100 50 AP I IN to WI -AN 9100 LICIH.NSE Software 06/30/ AC I IAC LIC NIJ UPGRADE FOR 50 AP Warranty 2023 1 IN to I IAC LIC NIJ WI-CO05OW FAN WLAN 9100 ORCH SYS WI -AN 9100 Software 06/30/ OS 50 AP LIC NIJ ORCuiFs'rRA'riON SYS Warranty 2023 LIC FOR 50 AP REQ. BASE SW LIC NIJ WI -00100W FAN WLAN 9100 ORCH SYS WI -AN 9100 Software 06/30/ OS 100 AP LIC NIJ ORCuiFs'rRA'riON SYS Warranty 2023 Attachment D Page 380 of 471 Page 796 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 381 of 471 Page 797 of 1515 LIC FOR 100 AP REQ. BASE SW LIC NIJ WI-CO200A IRAN WI -AN 9100 APP WI -AN 9100 Software 06/30/ PP CON'rROI- 200 AP LIC APPLICA'riON Warranty 2023 NIJ CON'rROI- LICIH.NCE SW UPGRADE 200 AP LIC NIJ WI-CO50OW IRAN WLAN 9100 ORCH SYS WI -AN 9100 Software 06/30/ OS 500 AP LIC NIJ ORCuiFs'rRA'riON SYS Warranty 2023 LIC FOR 500 AP REQ. BASE SW LIC NIJ WI-C1000W IRAN WLAN 9100 ORCH SYS WI -AN 9100 Software 06/30/ OS 1000 AP LIC NIJ ORCuiFs'rRA'riON SYS Warranty 2023 LIC FOR 1000 AP REQ. BASE SW LICNIJ WOS9100E IRAN WI -AN 9100 ORCH WI -AN 9100 Software 06/30/ sys,ri-,"m LIC NIJ ORCuiFs'rRA'rION Warranty 2023 sys,ri-,"m SW ONLY RE, Q AP LIC NIJ WPR9100AI IRAN WI -AN 9100 POE WI -AN 9100 POE Limited 06/30/ -E6 INJEC'rOR NO PC INJEC'rOR FOR 912X Lifetime 2023 913X AP NO POWER Warranty CORD Wing WS -Al- IdentiFi 2.4/50-1/2' 120DEG DUAL 2.4/50-1/2' 120DEG I Year 11/01/ DD05120 Wireless FD IND AN'r DUAL FD IND AN'r Warranty 2023 WS -Al- IdentiFi 2.4/50-1/2' OMNI QUAD 2.4/50-1/2' OMNI QUAD I Year 07/31/ DQ04360 Wireless FD IND AN'r FD IND AN'r Warranty 2024 WS -Al- IdentiFi 4 DBI IN It 3FEED I Year 11/01/ D'r04360 Wireless 2.4/50-1/2' Warranty 2023 Ws -ANT IdentiFi 2AGHZ INDOOR DIPOLE 2AGHZ INDOOR I Year 11/01/ 2DIP-2 Wireless AN'r DIPOLE AN'r Warranty 2023 Ws -ANT IdentiFi 5GHZ INDOOR DIPOLE 5GHZ INDOOR DIPOLE I Year 11/01/ 5DIP-2 Wireless AN'r AN'r Warranty 2023 WS -AO- IdentiFi ou'rDOOR 2AG DIPOLE I Year 12/31/ 2DIPN3 Wireless 3 PACK Warranty 2019 WS -AO- IdentiFi ou'FOOR 5G MIMO 9 ouroOR 5G MIMO 9 1 Year 5D23009N Wireless DEG N DEG N Warranty WS -AO- IdentiFi ou'rDOOR 5G DIPOLE 3 1 Year 12/31/ 5DIPN3 Wireless PACK Warranty 2019 WS -AO- IdentiFi ou'FOOR DUAL BAND I Year 12/31/ DS02360N3 Wireless OMNI 3 PACK Warranty 2019 1 WS -AO- IdentiFi ou'FOOR DUAL BAND ouroOR DUAL BAND I Year 12/31/ D'r05120N Wireless MIMO 120 DEG N MIMO 120 DEG N Warranty 2019 WS -AO- IdentiFi ou'rDOOR DUAL BAND ou'rDOOR DUAL I Year 12/31/ DX07025N Wireless MIMO 25 DEG N BAND MIMO 25 DEG N Warranty 2019 Attachment D Page 381 of 471 Page 797 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WS -AO- IdentiFi ou'rDOOR DUAL BAND ou'rDOOR DUAL I Year 12/31/ DX07180N Wireless MIMO 180 DEG N BAND MIMO 180 DEG Warranty 2019 N WS -AO- IdentiFi ou'rDOOR DUAL BAND I Year 12/31/ DX10055N Wireless MIMO 55 DEG N Warranty 2019 WS -AO- IdentiFi ourOOR DUAL BAND I Year 12/31/ DX13025N Wireless MIMO 25 DEG N Warranty 2019 1 WS-AP37051 IdentiFi DUAL BAND 2X2X2 DUAL BAND 2X2X2 Limited 12/31/ Wireless MIMO INDOOR I IABGN MIMO INDOOR Lifetime 2020 AP I IABGN AP Warranty with express Advanced Hardware Replacern ent-2 Ws- IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Lifetime 07/31/ AP3710E Wireless MIMO EX'rERNAI, MIMO EX'rERNAI- Warranty - 2020 AN'ri-,".NNA AN'ri-,".NNA NBD Ship for Indoor APs WS-AP37101 IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Lifetime 07/31/ Wireless MIMO IN'rEGRA'rED MIMO IN'rEGRA'rED Warranty - 2020 AN'ri-,".NNA AN'ri-,".NNA NBD Ship for Indoor APs Ws- IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Limited 12/31/ AP3715E Wireless MIMO EX'r AN'ri-,".NNA 2 MIMO EX'r AN'ri-,".NNA Lifetime 2020 ENE'r 2 ENE'r Warranty with express Advanced Hardware Replacern ent-2 WS-AP37151 IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Limited 12/31/ Wireless MIMO IN'r AN'ri-,".NNA 2 MIMO IN'r AN'ri-,".NNA 2 Lifetime 2020 ENE'r ENE'r Warranty with express Advanced Hardware Replacern ent-2 Attachment D Page 382 of 471 Page 798 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Ws- IdentiFi DUALBAND 3X3X3 DUALBAND 3X3X3 I Year 07/31/ AP3765E Wireless ou'rDOOR I IAGN EX'r ou'rDOOR I IAGN EX'r Warranty - 2020 AN'r AN'r Stand Alone Outdoor APs WS-AP37651 IdentiFi DUALBAND 3X3X3 DUALBAND 3X3X3 I Year 07/31/ Wireless ou'rDOOR I IAGN IN'r ou'rDOOR I IAGN IN'r Warranty - 2020 AN'r AN'r Stand Alone Outdoor APs Ws- IdentiFi DUAL BAND 3X3X3 I Year 07/31/ AP3767E Wireless Our SIP I IAGN IN'r Warranty - 2020 AN'r Stand Alone Outdoor APs WS-AP38011 IdentiFi AP38011 AP38011 Limited 06/30/ Wireless DUALBANDSINGLE DUALBANDSINGLE Lifetime 2023 RADIO I lAC/BGN RADIO I lAC/BGN Warranty with express Advanced Hardware Replacern ent-2 Ws- IdentiFi AP3805E I IAC DUAL Dual Radio 802.1 lac/abgn Limited 06/30/ AP3805E Wireless RADIO EX'r AN'r 2x22 MIMO (on 50-12) Lifetime 2023 indoor access point with Warranty four reverse polarity SMA with connectors for external express antenna array and Advanced integrated clips for flush Hardware rail drop ceiling mounting Replacern (antennas wall bracket or ent-2 protruded drop ceiling bracket must be ordered separately) WS-AP38051 IdentiFi AP38051 I IAC DUAL Dual Radio 802.1 lac/abgn Limited 06/30/ Wireless RADIO IN'r AN'r 2x22 MIMO (on 50-12) Lifetime 2023 indoor access point with Warranty four internal antenna array with and integrated clips for express flush rail drop ceiling Advanced mounting (wall bracket or Hardware Attachment D Page 383 of 471 Page 799 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 384 of 471 Page 800 of 1515 protruded drop ceiling Replacern bracket must be ordered ent-2 separately) Ws- IdentiFi DUAL RADIO I IAC 3X33 DUAL RADIO I IAC Limited 06/30/ AP3825E Wireless MIMO EX'r AN'r 2 F",N 3X33 MIMO EX'r AN'r 2 Lifetime 2023 F",N Warranty with express Advanced Hardware Replacern ent-2 WS-AP38251 IdentiFi DUAL RADIO IIAC 3X33 D(JAI-RADIO 11AC Limited 06/30/ Wireless MIMO IN'r AN'r 2 F",N 3X33 MIMO IN'r AN'r 2 Lifetime 2023 F",N Warranty with express Advanced Hardware Replacern ent-2 Ws- IdentiFi DUAL RADIO DUAL RADIO I Year 12/31/ AP3865E Wireless 802.1 IAC/GN ou'rDOOR 802.1 IAC/GN Warranty - 2023 EX'r AN'r ou'rDOOR EX'r AN'r Stand Alone Outdoor APs WS-APCAP- IdentiFi SINGLE AP CAPACITY SINGLE AP CAPACITY Software I Wireless UPGRADE (C25 V2110 UPGRADE (C25 V2110 Warranty WS-APCAP- IdentiFi 100 AP CAPACITY 100 AP CAPACITY Software 100 Wireless UPGRADE (05210) UPGRADE (05210) Warranty WS-APCAP- IdentiFi XXX AP CAPACITY XXX AP CAPACITY Software 100X BIZ Wireless 'rRANSFER LICF".NSE 'rRANSFER LICF".NSE Warranty WS-APCAP- IdentiFi 16 AP CAPACITY 16 AP CAPACITY Software 16 Wireless UPGRADE (C25 V2110 UPGRADE (C25 V2110 Warranty WS-APCAP- IdentiFi XXX AP CAPACITY XXX AP CAPACITY Software 16XFR Wireless 'rRANSFER LICF".NSE 'rRANSFER LICF".NSE Warranty WS-APCAP- IdentiFi ONE AP CAPACITY ONE AP CAPACITY Software 1X BIZ Wireless 'rRANSFER LICF".NSE 'rRANSFER LICF".NSE Warranty WS-APCAP- IdentiFi 25 AP CAPACITY 25 AP CAPACITY Software 25 Wireless UPGRADE (05210) UPGRADE (05210) Warranty WS-APCAP- IdentiFi XXX AP CAPACITY XXX AP CAPACITY Software 25XFR Wireless 'rRANSFER LICF".NSE 'rRANSFER LICF".NSE Warranty WS -BASE- IdentiFi 802.1 lac Wired Wireless 802.1 lac Wireles Wired I Year 04/01/ DEM038 Wireless Security Bundle Security Demo bundle Warranty 2022 Attachment D Page 384 of 471 Page 800 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 385 of 471 Page 801 of 1515 with AP3825 access point DSeries PoE switch RADAR license Ws- IdentiFi C20/C20N WI -AN uri- 16 C20/C20N WI -AN url- No 12/31/ C20XCAPI1 Wireless APS CAPACI'ry [JPG 16 APS CAPACI'ry [JPG Warranty 2020 P16 WS -C25 IdentiFi C25 WIANC25 WIANLifetime 12/31/ Wireless CON'rROLLER CON'rROLLER Warranty - 2020 R'rF 15 Day Ship WS -05210 IdentiFi 05210 WI -AN 05210 WI -AN I Year 03/31/ Wireless CON'rROLLER CON'rROLLER Warranty 2023 WS -CAB- IdentiFi 6DB LOSS 6DB LOSS I Year 06DBA'rN Wireless A'r'ri-,".N(JA'rOR A'r'ri-,".N(JA'rOR Warranty WS -CAB- IdentiFi IODB LOSS IODB LOSS I Year 10DBA'rN Wireless A'r'ri-,".N(JA'rOR A'r'ri-,".N(JA'rOR Warranty WS -CAB- IdentiFi IODBI A'r'rT".N(JA'rOR IODBI A'r'rT".N(JA'rOR I Year IODBA'rN- Wireless wim N'rYPE wim N'rYPE Warranty SN CONNEC'rOR CONNEC'rOR Ws- IdentiFi INDOOR RSMA 10 F'r INDOOR [Z -SMA 10 F'r I Year CAB240- Wireless CABLE CABLE Warranty PIORP Ws- IdentiFi INDOOR RSMA 25 F'r INDOOR [Z -SMA 25 F'r I Year CAB240- Wireless CABLE CABLE Warranty P25RP WS -CAB- IdentiFi 6DB A'r'rT".N(JA'rOR 6DB A'r'rT".N(JA'rOR I Year 6DBA'rN- Wireless wim N'rYPE wim N'rYPE Warranty SN CONNEC'rORS CONNEC'rORS WS -CAB- IdentiFi I-MR200 20 F'r N LMR200 20 F'r N I Year 1-20OC20N Wireless Warranty WS -CAB- IdentiFi I-MR400 6' N LMR400 6' N I Year 1-400006N Wireless Warranty WS -CAB- IdentiFi I-MR400 20 F'r N LMR400 20 F'r N I Year 1-40OC20N Wireless Warranty WS -CAB- IdentiFi I-MR400 50 F'r N LMR400 50 F'r N I Year 1-400050N Wireless Warranty WS -CAB- IdentiFi I-MR400 75 F'r N LMR400 75 F'r N I Year 1-40OC75N Wireless Warranty WS -CAB- IdentiFi I-MR600 25 F'r N LMR600 25 F'r N I Year 1-60OC25N Wireless Warranty WS -CAB- IdentiFi I-MR600 50 F'r N LMR600 50 F'r N I Year 1-600050N Wireless Warranty WS -CAB- IdentiFi CABLE I F'r I-MR400 CABLE, I Fr I-MR400, I Year NP-RPNJ Wireless 'rypi-,".N PIAJG'ro RPNJ 'TYPE -N P[-(JG'rO RPNJ Warranty Attachment D Page 385 of 471 Page 801 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WS -CAB- IdentiFi CABLE I F'r I-MR400 CABLE, I FT I-MR400, I Year NP-RPNP Wireless rypi-,".N PIAJG'ro RPNP 'rYPE-N PI-IJG,ro Warranty RPNP WS -CAB- IdentiFi NTYPE PORT N -TYPE PORT I Year N'rERM Wireless 'rERMINA'rOR 'rERMINA'rOR Warranty WS -CAB- IdentiFi RN JACK TO N JACK RN JACK TO N JACK I Year P10RJNJ Wireless EX,ri-,".NDER EX,ri-,".NDER Warranty WS -CAB- IdentiFi RN PUJGTON PIAJG RN PIAJGTO N PIAJG I Year PIORPNP Wireless EX,ri-,".NDER EX,ri-,".NDER Warranty Ws- IdentiFi WI -AN CONTROLLER 25 WI -AN CONTROLLER Software c,r[-CAP[JP Wireless APS CAPACI'ry [JPG 25 APS CAPACI'ry [JPG Warranty 25 wsc,r[-CAP IdentiFi 25 AP CAPACITY 25 AP CAPACITY Software IJP25XFR Wireless 'rRANSFER LICIH.NSE 'rRANSFER LICIH.NSE Warranty WS -MB- IdentiFi OPTIONAL BRACKET No 11/01/ A105120 Wireless FOR INDOOR 120 DEG Warranty 2023 AN'r Ws- IdentiFi LICIH.NSE'ro 1H.NABLE LICIH.NSE'ro 1H.NABLE Software RADAR -1 Wireless RADAR ON ONE AP RADAR ON ONE AP Warranty Ws- IdentiFi LICIH.NSE'ro 1H.NABLE LICIH.NSE'ro 1H.NABLE Software RADAR -100 Wireless RADAR ON 100 APS RADAR ON 100 APS Warranty Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless I-ICI-,".NSE,rRANSFER CAPACI'ry LICIH.NSE Warranty 100XFR 'rRANSFER Ws- IdentiFi LICIH.NSE'ro 1H.NABLE LICIH.NSE'ro 1H.NABLE Software RADAR -16 Wireless RADAR ON 16 APS RADAR ON 16 APS Warranty Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless I-ICI-,".NSE,rRANSFER CAPACI'ry LICIH.NSE Warranty 16XFR 'rRANSFER Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless I-ICI-,".NSE,rRANSFER CAPACI'ry LICIH.NSE Warranty IXFR 'rRANSFER Ws- IdentiFi LICIH.NSE'ro 1H.NABLE LICIH.NSE'ro 1H.NABLE Software RADAR -25 Wireless RADAR ON 25 APS RADAR ON 25 APS Warranty Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless I-ICI-,".NSE,rRANSFER CAPACI'ry LICIH.NSE Warranty 25XFR 'rRANSFER WS-REG9P- IdentiFi V9 RE,G DOMAIN KEY V9 RE,G DOMAIN KEY No 03/31/ JP Wireless JAPAN JAPAN Warranty 2020 WS-REG9P- IdentiFi V9 RE,G DOMAIN KEY V9 ItI;C1 DOMAIN KEY Software 03/31/ NAM Wireless FCC FCC Warranty 2020 WS-REG9P- IdentiFi V9 RE,G DOMAIN KEY V9 RE,G DOMAIN KEY No 03/31/ ROW Wireless ROW ROW Warranty 2020 WS -V2110- IdentiFi V2110 VI RT (JAI, GW IL V2110 VI RTUAL GW IL Software 12/31/ 8-11- Wireless Warranty 2020 Attachment D Page 386 of 471 Page 802 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WS -V2110- IdentiFi V2110 VI RT (JAI, GW JP V2110 VI RT (JAI, GW JP Software 12/31/ 8 -JP Wireless Warranty 2020 WS -V2110- IdentiFi V2110 VI RT (JAI, GW V2110 VIRTUAL GW Software 12/31/ 8 -NAM Wireless NAM NAM Warranty 2020 WS -V2110- IdentiFi V2110 VI RT (JAI, GW V2110 VIRTUAL GW Software 12/31/ 8 -ROW Wireless ROW ROW Warranty 2020 1 WS -V2110- IdentiFi V2110 V9 VI RT UAL V2110 V9 VI RTIJAI- Software 03/31/ 9-11- Wireless APPLIANCE FOR APPLIANCE FOR Warranty 2020 ISRAEL ISRAEL WS -V2110- IdentiFi V2110 V9 VI RT UAL V2110 V9 VI RTIJAI- Software 03/31/ 9 -JP Wireless APPLIANCE FOR JAPAN APPLIANCE FOR Warranty 2020 JAPAN WS -V2110- IdentiFi V2110 V9 VIRT APPL V2110 V9 VIRT APPL Software 03/31/ 9 -NAM Wireless FCC REGIJI-A'rORY FCC REGIJI-A'rORY Warranty 2020 DOMAIN DOMAIN WS -V2110- IdentiFi V2110 V9 VIRT APPL V2110 V9 VIRT APPL Software 03/31/ 9 -ROW Wireless ROW RE, GIJI-A'rORY ROW RE, GIJI-A'rORY Warranty 2020 DOMAIN DOMAIN X465- Smart X465241 J24W with ExtremeSwitching Limited 24M(J-24W- OmniEdge 1100W PSIJ Bundle X465241 IJ24W Bundle Lifetime 131 Switching includes X465241t4IJ24W Warranty and one 1100W AC PSIJ with FB (10941) express Advanced Hardware Replacern ent X465- Smart X46524MIJ24W with ExtremeSwitching Limited 241 (J -24W- OmniEdge 200OW PSIJ Bundle X465241 IJ24W Bundle Lifetime B2 Switching includes X465241t4IJ24W Warranty and one 200OW AC PSIJ with FB (XNACPWR2000WF) express Advanced Hardware Replacern ent X465- Smart X46524MIJ with I I OOW ExtremeSwitching Limited 241 IJ -131 OmniEdge PSIJ Bundle X465241t4IJ Bundle Lifetime Switching includes X465241t4IJ and Warranty one 1100 AC PSIJ FB with (10941) express Advanced Hardware Replacern ent Attachment D Page 387 of 471 Page 803 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. X465- Smart X46524MIJ with 200OW ExtremeSwitching Limited 24M(J-B2 OmniEdge PSIJ Bundle X465241t4IJ Bundle Lifetime Switching includes X465241t4IJ and Warranty one 200OW AC PSIJ FB with (XNACPWR200OWF) express Advanced Hardware Replacem ent X465 -24W- Smart X46524W with I IOOW ExtremeSwitching Limited BI OmniEdge PSIJ Bundle X46524W Bundle Lifetime Switching includes X46524W and Warranty one I IOOW AC PSIJ FB with (10941) express Advanced Hardware Replacem ent X465 -24W- Smart X46524W with 200OW ExtremeSwitching Limited 132 OmniEdge PSIJ Bundle X46524W Bundle Lifetime Switching includes X46524W and Warranty one 200OW AC PSIJ FB with (XNACPWR200OWF) express Advanced Hardware Replacem ent X465 -48P- Smart X46548P with I IOOW PSIJ ExtremeSwitching Limited BI OmniEdge Bundle X46548P Bundle includes Lifetime Switching X46548P and one I IOOW Warranty AC PSIJ FB (10941) with express Advanced Hardware Replacem ent X465 -48'r- Smart X46548'r with 350W PSIJ ExtremeSwitching Limited B3 OmniEdge Bundle X46548'r Bundle includes Lifetime Switching X46548'r and one 350W Warranty AC PSIJ FB (10953) with express Advanced Hardware Replacem ent Attachment D Page 388 of 471 Page 804 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. X465 -48W- Smart X46548W with I I OOW ExtremeSwitching Limited BI OmniEdge PSIJ Bundle X46548W Bundle Lifetime Switching includes X46548W and Warranty one 1100W AC PSIJ FB with (10941) express Advanced Hardware Replacem ent X465 -48W- Smart X46548W with 200OW ExtremeSwitching Limited B2 OmniEdge PSIJ Bundle X46548W Bundle Lifetime Switching includes X46548W and Warranty one 200OW AC PSIJ FB with (XNACPWR2000WF) express Advanced Hardware Replacem ent X 1144 FAN ExtremeAccess Platform ExtremeAccess Platform I Year 1440 1440 hardware appliance Warranty with 6 10/100/1000Mbps Base'r ports and 2 I/IOGb SFP+ ports includes Fan and I 12V external power adapter. Power Cord to be ordered separately X 1148 FAN ExtremeAccess Platform ExtremeAccess Platform I Year 1480 1480 hardware appliance Warranty with 6 10/100/1000Mbps Base'r ports and 2 I/IOGb SFP+ ports includes Fan and I 12V external power adapter. Power Cord to be ordered separately X13 R- SRA FRIJ 1100W DCPSNON F It IJ I I OOW DC Power I Year I I OOWPS DC POR'rsIDE EXI-IA(Js,r Supply for Warranty -01-F VDX6940144S with Non Port side exhaust airflow X13 R- SRA FRIJ 1100W F It IJ I I OOW DC Power I Year I I OOWPS DC DCPSPOR'rsIDE Supply for Warranty -01-R EXI-IA(Js,r VDX6940144S with Port side exhaust airflow X13 R- SRA FRIJ 250W DCPS/FAN DC Power supply(with I Year 250WPSDC- integrated fans) for Warranty F VDX6740DCF Attachment D Page 389 of 471 Page 805 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA FRIJ 250W DCPS/FAN DC Power supply(with I Year 250WPSDC- integrated fans) for Warranty R VDX6740DCR X13 R- SRA SI.X FIXED FAN AC SLX Fixed FAN Front to I Year 3250CFM- POR'rsIDE IN'rAKE Back airflow Warranty FAN -F X13 R- SRA SI.X FIXED FAN AC SLX Fixed FAN Back to I Year 3250CFM- POR'rsIDE EXI-IA(Js,r Front airflow Warranty F; AN -It XBR- SRA FRIJ 50OW ACPS FRIJ 50OW AC Power No 500WPSAC- Supply with Non Port side Warranty 01-F exhaust airflow for VDX674o,r XBR- SRA FRIJ 50OW ACPS FRIJ 50OW AC Power No 500WPSAC- Supply with Port side Warranty 01-R exhaust airflow for VDX 674o'r XB -AC- SRA FRIJ AC FAN FRIJ AC fan assembly I Year FAN -F with Non port side Warranty Exhaust airflow for VDX674o,rF XB -AC- SRA FRIJ AC FAN FRIJ AC fan assembly I Year FAN -R with port side Exhaust Warranty airflow for VDX674o,rR X13 R- SRA FRIJ300OW AC POWER 32slot NetIron I Year ACPWR- SUPPLY MI-Xe/XMR/M[-X AC Warranty 3000 3000W power supply XBR- SRA SI.X FIXED AC 650W PS SI.X Fixed AC 650W I Year ACPWR- POR'rsIDE IN'rAKE Power Supply Front to Warranty 650-F Back airflow. Power cords not included. XBR- SRA SI.X FIXED AC 650W PS SI.X Fixed AC 650W I Year ACPWR- POR'rsIDE EXI-IA(Js,r Power Supply Back to Warranty 650-R Front airflow. Power cords not included. XBBR-BI-NK- SRA PIT BLANK 10 Blank Panel I Year FULL MOD(JI-ES/I-C forVDX87704 and Warranty VDX87708 I/O Modules XBBR-BI-NK- SRA PIT BLANK SIM/MIS Blank Panel for I Year HALF FOR 4/8 si.o,r CHASSIS VDX87704 and Warranty VDX87708 SFM and Mgmt Module Slots XBBR-BI-NK- SRA PIT BLANK PS FOR 4/8 Blank Panel for I Year PSU si-o'r CHASSIS VDX87704 and Warranty VDX87708 PSIJ Slots Attachment D Page 390 of 471 Page 806 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR-DC- SRA F RIJ CABLE HARNESS Cable harness for VDX No CB[--1-IRNS FOR VDX 69401445 DC 69401445 DC skus Warranty XBR- SRA FRIJ300OW DC POWER 32slot NetIron I Year DCPWR- SUPPLY MI-Xe/XMR/M[-X AC Warranty 3000 3000W power supply XBR- SRA SLX FIXED DC 650W PS SLX Fixed DC 650W I Year DCPWR- POR'rsIDE IN'rAKE Power Supply Front to Warranty 650-F BDCk airflow. Power cords not included. XBR- SRA SLX FIXED DC 650W PS SLX Fixed DC 650W I Year DCPWR- POR'rsIDE EXI-IA(Js,r Power Supply BDCk to Warranty 650-R Front airflow. Power cords not included. XB -FAN- SRA FRIJ FRIJ AC fan assembly I Year 40-F FAN40MMNONPOR'r with Non port sideExhaust Warranty SIDE EXI-IA(Js,r airflow for VDX694036Q XB -FAN- SRA FRIJ FAN40MMPOR'r FRIJ AC fan assembly I Year 40-R SIDE EXI-IA(Js,r with port side Warranty Exhaustairflow for VDX694036Q XB -FAN- SRA FRIJ FAN80MMNON FRIJ AC fan assembly I Year 80-01-F POR' r SIDE EXI-IA(Js,r with non port side Warranty Exhaust airflow for VDX6940144S XB -FAN- SRA FRIJ FAN80MMPOR'r FRIJ AC fan assembly I Year 80-01-R SIDE EXI-IA(Js,r with port side Exhaust Warranty airflow for VDX6940144S XB -FAN- SRA FRUFAN ASSY 4/8 si.6'r Fan FRIJ for VDX87704 I Year FRIJ CHASSIS and VDX87708 Slot Warranty Chassis XB -F SRA FRUM4 FIFTER RPi-cm,r Filter replacement for all I Year 4DS 4 Pos,rsHELF Dtjc,r VDX87704 installed with Warranty a duct shelf XBR-Fi-,rR- SRA VDX87704 FILTER Filter replacement for all I Year 4'rEI- REP LAci-,".mi-,".N'r 'rEI-CO VDX87704 mid mounted Warranty 2pos'r on a 2 Post rack XB -F SRA M8 FIFFER FRIJ Filter replacement for all I Year 8 VDX87708 rack mounts Warranty X13 R- SRA FR(JS[-X FIXED SLX Fixed Rackmount I Year R000297 RACKMOIJN'r KI'r kit. 4post mid/flush mount Warranty compatible XBR-RMK- SRA VDX87708 RK KIT VDX87708 Rack kit for I Year 4P-8 4pos'r 2731 R ,CD FLUSH Flushed or recessed mount Warranty on a 4 Post rack Attachment D Page 391 of 471 Page 807 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR-RMK- SRA VDX87704 RACK KIT 4 VDX87704 RACK KIT 4 1 Year FI --4 Pos'r 2731F LUSI=I Pos'r 2731 FLUSH Warranty XBR-RMK- SRA VDX87704 RACK KIT4 VDX87704 RACK KIT 4 1 Year FI--4DS-2 Poo, rF[-IJSH MO(JN'r Pos'r SHELF Dtjc,r Warranty 2731 FLUSH (MODIFIED FOR G1 -,-.N2 MODULES) XBR-RMK- SRA VDX87704 RACK KIT4 VDX87704 RACK KIT 4 1 Year RE-4DS-2 Pos'rRECESSED MN'r Pos'r SHELF Dtjc,r Warranty 2731 RECESSED (MODIFIED FOR G1 -,-.N2 MODULES) XBR-RMK- SRA VDX87704 RACK KIT VDX87704 RACK KIT I Year 'rEI-CO-4 'rEI-CO 2pos'r MID m,r -rEI-CO (2 Pos-r) MID Warranty FH MO(JN'r AND FLUSH XBR-RMK- SRA VDX87708 RACK KIT VDX87708 RACK KIT I Year 'rEI-CO-8 'rEI-CO 2pos'r MID m,r -rEI-CO (2pos-r) MID Warranty MO(JN'r XBR- SRA 2pos'r RACK Brocade SIX 9850 1 Year SI -X9850-4- MO(JN'rING KI'r FOR twopost rack mounting kit Warranty 2PRM-KI'r SI -X98504 for 4 slot chassis. Include telco flush and midplane mounting XBR- SRA 4pos'r RACK Brocade SIX 9850 1 Year SI -X9850-4- MO(JN'rING KI'r FOR fourpost rack mounting kit Warranty 4PRM-KI'r SI -X98504 for 4 slot chassis. Include 2731 flush and recessed mounting XBR- SRA FRUCABLE Brocade SIX 9850 Cable I Year SI -X9850-4- MANAG1-,".MF".N'r KI' r FOR Management kit for 4slot Warranty CAB SIX 98504 chassis XBR- SRA SI -X98504 FAN MODULE Brocade SIX 9850 fan I Year SI -X9850-4- module for 4slot chassis. Warranty FANM Fan module has 2 fans. XBR- SRA SI -X98504 AIR ETTER Brocade SIX 9850 air I Year SI -X9850-4- filter for 4slot chassis Warranty FurR XBR- SRA NEBS KIT FOR SI.X98504 Brocade SIX 9850 NEBS I Year SI -X9850-4- kit for 4slot chassis. Warranty IAF-,".13S-Kl,r Includes air filter door air filter and cable management kit X13 R- SRA SPARE, SI -X98504 Brocade SI -X9850 Spare I Year SI -X9850-4- CHASSIS 4slot chassis Warranty S Attachment D Page 392 of 471 Page 808 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA BLANK PANEL FOR Brocade SIX 9850 switch I Year SI -X9850-4- SI -X98504 SEM fabric module blank panel Warranty SF MPN[- for 4slot chassis X13 R- SRA 2pos'r RACK Brocade SIX 9850 1 Year SI -X9850-8- MO(JN'rING KI'r FOR twopost rack mounting kit Warranty 2PRM-KI'r SI -X98508 for 8 slot chassis. Include telco flush and midplane mounting X13 R- SRA 4pos'r RACK Brocade SIX 9850 1 Year SI -X9850-8- MO(JN'rING KI'r FOR fourpost rack mounting kit Warranty 4PRM-KI'r SI -X98508 for 8 slot chassis. Include flush and recessed mounting X13 R- SRA FRUCABLE Brocade SIX 9850 Cable I Year SI -X9850-8- MANAG1-,".MF".N'r KI' r FOR Management kit for Not Warranty CAB SIX 98508 chassis X13 R- SRA SI -X98508 FAN MODULE Brocade SIX 9850 fan I Year SI -X9850-8- module for Not chassis. Warranty FANM Fan module has 4 fans. X13 R- SRA SI -X98508 AIR ETTER Brocade SIX 9850 air I Year SI -X9850-8- filter for Not chassis Warranty FurR X13 R- SRA NEBS KIT FOR SI.X98508 Brocade SIX 9850 NEBS I Year SI -X9850-8- kit for Not chassis. Warranty IAF-,".13S-Kl,r Includes air filter door air filter and cable management kit X13 R- SRA SPARE, SI -X98508 Brocade SI -X9850 Spare I Year SI -X9850-8- CHASSIS Not chassis Warranty S X13 R- SRA BLANK PANEL FOR Brocade SIX 9850 switch I Year SI -X9850-8- SI -X98508 SEM fabric module blank panel Warranty SI MPN[- for Not chassis X13 R- SRA SI -X9850 AC 300OW Brocade SIX 9850 AC I Year SI -X9850- POWER SUPPLY 300OW power supply for Warranty ACP WR- 4slot and Not chassis 3000 90270V AC input X13 R- SRA SI -X9850 DC 300OW Brocade SIX 9850 DC I Year SI -X9850- POWER SUPPLY 300OW power supply for Warranty DCPWR- 4slot and Not chassis 3000 48V DC input X13 R- SRA BLANK PANEL FOR Brocade SIX 9850 1 Year SI -X9850- SI -X9850 IN'rERFACE interface module blank Warranty IMPNL MODULE panel for 4slot and Not chassis Attachment D Page 393 of 471 Page 809 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA BLANK PANEL FOR Brocade SIX 9850 1 Year SI -X9850- SI -X9850 mcmr management module Warranty MMPN[- MODULE blank panel for 4slot and 8slot chassis X13 R- SRA BLANK PANEL FOR Brocade SIX 9850 power I Year SI -X9850- SI -X9850 POWER supply blank panel for Warranty PWRPNL SUPPLY 4slot and 8slot chassis X13 R- SRA FR(JVDX674024PSFP+DC FRIJ VDX 6746'1, 48P I Year VDX6740- NONPOR'rsIDE EX IGBASE'r POR'rS2 Warranty 24 -DC -F 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674024PSFP+CSC FRIJ VDX 6746TIG 48P I Year VDX6740- POR'rsIDE EXI-I AF IGBASE'r POR'rS2 Warranty 24 -DC -1t 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS AC PO 'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674024PSFP+AC FRIJ VDX 6740 24P I Year VDX6740- NONPR'r SD EX AF SFP+ AC NONPOR'r Warranty 24-F SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674024PSFP+AC FRIJ VDX 6740 24P I Year VDX6740- POR'rsIDE EX AF SFP+ AC PO 'r SIDE Warranty 24-1t EXI-IA(Js,r AIRFLOW XBR- SRA FRIJVDX674o,r24PIOG,r FRIJ VDX 6746'r 24P I Year VDX674o,r- DCNONPOR'rSIDE EX iociivr DC NONPOR'r Warranty 24 -DC -F SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR[JVDX674o'r24PTociB'r FRIJ VDX 6746'r 24P I Year VDX674o,r- DCPR'r SD EX AF iociirr DC PO 'r SIDE Warranty 24 -DC -1t EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674o'r24PTociB'r FRIJ VDX 6746'r 24P I Year VDX674o,r- ACNONPR'r SD EX iociirr AC NONPOR'r Warranty 24-F SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674o'r24PTociB'r FRIJ VDX 6746'r 24P I Year VDX674o,r- ACPR'r SD EX AF iociirr AC PO 'r SIDE Warranty 24-1t EXI-IA(Js,r AIRFLOW Attachment D Page 394 of 471 Page 810 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA FR(JVDX674o'rlG48PlG FRIJ VDX 6746'1, 48P I Year VDX674o,r- BASE'r POR'rSN IGBASE'r POR'rS2 Warranty 56 -IG -DC -F 400113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICF".NSE ONLY NO op'ricS AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJVDX674o,rIG48PX FRIJ VDX 6746TIG 48P I Year VDX674o,r- I G'rN PO 'rSIDE DE EX IGBASE'r POR'rS2 Warranty 56 -IG -DC -R 400113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICF".NSE ONLY NO op'ricS DC PO 'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJVDX6740,rIG48P FRIJ VDX 6746'r 48P I Year VDX674o,r- XlG'rNON PO 'r EX IGBASE'r POR'rS2 Warranty 56 -IG -F 400113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICF".NSE ONLY NO op'ricS AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJVDX674o,rIG48PX FRIJ VDX 6746TIG 48P I Year VDX674o,r- lG'rPOR'rsIDE EX AF IGBASE'r POR'rS2 Warranty 56 -IG -1t 400113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICF".NSE ONLY NO op'ricS AC PO 'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694024QACNON 694036Q base system Warranty 24Q -AC -F POR'rsIDE EXI-IA(Js,r with 24 40GbE QSFP+ ports AC powersupply NON POR'rsIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694024QACPOR'rSI 694036Q base system Warranty 24Q -AC -1t DE EXI-IA(Js,r with 24 40GbE QSFP+ ports AC powersupply POR'rsIDE EXI-IA(Js,r AIRFLOW Attachment D Page 395 of 471 Page 811 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694024QDCNON 694036Q base system Warranty 24Q -DC -F POR'rsIDE EXI-IA(Js,r with 24 40GbE QSFP+ ports DC powersupply NON POR'rsIDE EXI-IA(Js,r AIRFLOW X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694024QDCPOR'rSI 694036Q base system Warranty 24Q -DC -R DE EXI-IA(Js,r with 24 40GbE QSFP+ ports DC powersupply POR'rsIDE EXI-IA(Js,r AIRFLOW X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694064SACNON 69401445 base system Warranty 64S -AC -F POR'rsIDE EXI-IA(Js,r with 64 l0GbE SFP+ ports AC powersupply NON POR'rsIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694064SACPOR,rSID 69401445 base system Warranty 64S -AC -R E EXI-IA(Js,r with 64 l0GbE SFP+ ports AC powersupply POR'rsIDE EXI-IA(Js,r AIRFLOW X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694064SDCNON 69401445 base system Warranty 64S -DC -F POR'rsIDE EXI-IA(Js,r with 64 l0GbE SFP+ ports DC powersupply NON POR'rsIDE EXI-IA(Js,r AIRFLOW X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694064SDCPOR,rSID 69401445 base system Warranty 64S -DC -R E EXI-IA(Js,r with 64 l0GbE SFP+ ports DC powersupply POR'rsIDE EXI-IA(Js,r AIRFLOW XBR- SRA 4 si-o'r 4 1/0 Slot chassis 0 SIM I Year VDX8770-4 CHAS SI SOSFMOMM2FA 0 MM 2 AN 0 PSIJ Warranty NODS Blanks fully populated XBR- SRA 8 si-o'r 8 1/0 Slot chassis 0 SIM I Year VDX8770-8 CHAS SI SOSFMOMM4FA 0 MM 4 AN 0 PSIJ Warranty NODS Blanks fully populated XBR- SRA CONVERCIF,"D SERVICE FCOE S/W [.ICI -,".NSE 8 1 Year 10/31/ VDXFCOE- FRIJVDX673016/24 8G FC ports 8 FC optics Warranty 2024 01 FOR VDX673024 VDX673016 Attachment D Page 396 of 471 Page 812 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA CONVERGIH.D SERVICE FCOE S/W [.ICI -,".NSE 16 1 Year 10/31/ VDXFCOE- FRIJVDX674040/60 8G FC ports 16 FC optics Warranty 2024 02 FOR VDX673060 VDX673040 X 1H, N - SRA FRIJ1100W F RIJ I I OOW AC Power I Year I I OOWPSAC PSACNONPOR'r SIDE supply for VDX6940144S Warranty -F EXI-IA(Js,r AF NONPOR'rSIDE EXI-IA[Js,r AF Xl-,",N- SRA FRIJ1100W F RIJ I I OOW AC Power I Year I I OOWPSAC PSACPOR'rsIDE supply for VDX6940144S Warranty -R EXI-IA(Js,r AF PC R'rSIDE EXI-IA[Js,r AF Xl-,",N- SRA FRIJ250WACPS/FANNO Brocade VDX 6740 0.1620 I Year 250WPSAC- NPOR'rsIDE EXI-IA(Js,r PS/I anRIJ NONPOR'r Warranty F SIDE EXI-IA(Js,r AIR FLOW Xl-,",N- SRA FRIJ250WACPS/FANPOR Brocade VDX 6740 0.1620 I Year 250WPSAC- 'r SIDE EXI-IA(Js,r PS/I anRIJ PC R'r SIDE Warranty R EXI-IA(Js,r AIR FLOW Xl-,",N- SRA FRIJ SERIAL CABLE Serial Cable (RJ45 I Year R000030 RJ45 / ADAP'rOR Connector) Warranty Xl-,",N- SRA F [ZI1 6510 FIXED RACK FRIJ6510/6505/6710/674 No R000291 MO(JN'r KI'r OI IXED RACK MO[JN'r Warranty KI'rfor 4 post racks Xl-,",N- SRA F RUMI DMO UNT KITB R F RIJ 6 5 10/6 5 0 5/6710/674 No R000292 0 MIDMO[JN,rKl,r for 2 Warranty postracks Xl-,",N- SRA FRUFLUSH MOUNT Flush mount kit for 2 post No R000293 KI'r 14 U RM KI'rB R racks for VDX6710/VDX Warranty 6740 Xl-,",N- SRA FRI12 POST MID MOUNT G620/VDX6940/VDX674 No R000294 Kl,r/i,,[-IJSH MO(JN'r KI'r o'r MIDMO(JN'r RACK Warranty KI'r for 2 post racks Xl-,",N- SRA FRIJUNIVERSAL RCK FRIJUNIVERSAL RACK I Year R000295 MN'r KI'r4 Pos'r MO(JN'r KI'r4 Pos'r Warranty 2432 DEP'rH RCK VDX 674o,1/VDX674o,11G Xl-,",N- SRA FRIJUNIVERSAL RCK G620/VDX6940/VDX674 No R000296 MN'r KI'r4 Pos'r o'r FIXED RACK Warranty MO1JN'r KI'r for 4 post racks Xl-,",N- SRA SLX 9640 FAN AC F2B SLX 9640 FAN Front to I Year SI -X9640- AIRFLOW Back airflow Warranty FAN -F Attachment D Page 397 of 471 Page 813 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Xl-,",N- SRA SIX 9640 FAN AC 132F SIX 9640 FAN Back to I Year SI -X9640- AIRFLOW Front airflow Warranty FAN -R xi-,".N-,rwx- SRA FRUTWINAXI KiTTER1 FRUTWINAXI I Year 10/31/ 0101 PACK mE'rER1 PACK Warranty 2024 xi-,".N-,rwx- SRA FRUTWINAXI 1 TTER8 FRUTWINAXI I Year 10/31/ 0108 PACK mE'rER8 PACK Warranty 2024 1 xi-,".N-,rwx- SRA FRU TWINAX3 KiTTER1 FRU TWINAX3 I Year 10/31/ 0301 PACK mE'rER1 PACK Warranty 2024 xi-,".N-,rwx- SRA FRU TWINAX3 mTTER8 FRU TWINAX3 I Year 10/31/ 0308 PACK mE'rER8 PACK Warranty 2024 xi-,".N-,rwx- SRA FRU TWINAX5 KiTTER1 FRU TWINAX5 I Year 10/31/ 0501 PACK mE'rER1 PACK Warranty 2024 xi-,".N-,rwx- SRA FRU TWINAX5 mTTER8 FRU TWINAX5 I Year 10/31/ 0508 PACK mE'rER8 PACK Warranty 2024 Xl-,".N-IJSB- SRA FR(J4GB (JSB DRIVEBR FRIJ 4 GB (JSB Drive I Year 4 GB Warranty I XESN- Network Extreme Essential Plus Extreme Essential Plus Software PI-IJS-SW- Managerne Software Package Software Package Warranty P nt includes Network Management (NMS) AP Adoption Licenses and Network Access Control (NAC) XN-2P- SRA Two Post NEBS it for Spare two post mounting I Year RKM,r299 SI -X9150 ear NEBS earthquake kit Warranty for use in SI -X9150 XN-2P- Smart 2P RMRj'r X465 VSP4900 Optional two post rack Limited RMI<J,r-ooi OmniEdge mount kit for Lifetime Switching ExtremeSwitching X465 Warranty and VSP4900 models. with Includes brackets for front express or midmount of chassis in Advanced a two post rack. Hardware Replacern ent XIS -2P- Smart RM it 200 series X430 Rack Mount it Spare for No RMI<J,r-004 OmniEdge X435 X440G2 24 and 48 port models of Warranty Switching 200 series X430 X435 X440G2 XN-2P- FAN Two Post Rack Mount kit Optional two post rack No RMI<J,r-XA for XA 1400 mount kit for Warranty ExtremeAccess Platform 1400 models. Includes brackets for front mount Attachment D Page 398 of 471 Page 814 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 399 of 471 Page 815 of 1515 of chassis in a two post rack. XN-4P- Smart Spare 4P RMKIT X465 Spare four post rack Limited RKM,r-ooi OmniEdge VSP4900 mount kit for use with Lifetime Switching ExtremeSwitching X465 Warranty and VSP4900 with express Advanced Hardware Replacern ent XN-4P- FAN Four Post Rail it VSP Spare four post rack I Year RKM,r298 7400 SLX9150 mount rail kit for use in Warranty VSP7400 SLX9150 XN- Smart 200OW AC PSIJ X465 Modular Power Supply I Year ACP WR- OmniEdge VSP4900 200OW AC Front to Back Warranty 200OW-F Switching Supported on ExtremeSwitching X465 and VSP4900 XN- FAN VSP/S[-X 750W AC PSIJ AC 750W PSIJ Front to I Year ACP WR- Front to Bk airflow Back Airflow for use in Warranty 750W -F VSP7400 SLX9150 XN- FAN VSP/S[-X 750W AC PSIJ AC 750W PSIJ Back to I Year ACPWR- Bk to Front airflow Front Airflow for use in Warranty 750W -[t VSP7400 SLX9150 XN- FAN VSP/S[-X 750W DC PSIJ DC 750W PSIJ Front to I Year DCPWR- Front to Bk airflow Back Airflow for use in Warranty 750W -F VSP7400 SLX9150 XN- FAN VSP/S[-X 750W DC PSIJ DC 750W PSIJ Back to I Year DCPWR- Bk to Front airflow Front Airflow for use in Warranty 750W -[t VSP7400 SLX9150 XN-FAN- FAN VSP/S[-X Front to Back Single Fan module Front I Year 001-F Fan to Back Airflow for use in Warranty VSP7400 SLX9150 XN-FAN- FAN VSP/S[-X Back to Front Single Fan module Back I Year 001-R Fan to Front Airflow for use in Warranty VSP7400 SLX9150 XN-FAN- Smart Spare Fan Module X465 Spare fan module front to Limited 002-F OmniEdge VSP4900 back airflow supported on Lifetime Switching ExtremeSwitching X465 Warranty and VSP4900 with express Advanced Hardware Replacern ent Attachment D Page 399 of 471 Page 815 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XIII- SRA SPARE AN TRAY FOR Leadfree spare fan tray for I Year CE2000- NI CER/CES ROHS6 NetIron CES and NetIron Warranty AN CER Series XIS -SSI - Smart 120C113 SSD MODULE Modular SSD 120C113 I Year 001-120 Omni Edge supported on Warranty Switching ExtremeSwitching X465 and VSP4900 Attachment D Page 400 of 471 Page 816 of 1515 L! Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Table 1 - Extreme Product Warranty Summary of Entitlements Warranty DurationOf Warrant al Technical "Warranty Period"y Assistance Center On -Line Support Portal Software/Firmware Availability Hardware Replacement' 90 Days -- Defective Return and Replace -- Hardware I Year Warranty One Year One Year One Year Software Media shipped within '10 business days of Replacement receipt of defective asset Two years for Base Return and Replace - I lardware 5 Year Warranty Five Years Five Years Five Years Operational shipped within 10 business days of Software' Updates receipt of defective asset Product Lifetime for Base Operational Limited Lifetime Software Updates Advanced exchange replacement ProdLICt and Upgrades' Warranty --10 BLIsiness Product Lifetime Product Lifetime Lifetime hardware is shipped within'10 Day Ship One Year for business days Advanced Software License Updates' Limited Lifetime Product Lifetime for Advanced exchange replacement Warranty With Express Droduct Lifetime Droduct Lifetime Dr - od uct Base Operational hardware shipped next business day Advanced hardware Lifetime Software Updates' from RMA approval time Replacement' Limited Lifetime ProdLICt One year for Return and Replace -- Hardware Warranty'15 Day Return Product Lifetime Product Lifetime Lifetime Base Operational shipped within '15 bUsiness days of To Factory Ship Software Updates receipt of defective asset Limited Lifetime Product Lifetime for Advanced exchange replacement Warranty With Express Droduct Lifetime Droduct Lifetime Droduct Base Operational hardware shipped next business day Advanced hardware Lifetime Software Updates from RMA approval time Replacement -2 and Upgrades Software Warranty' 90 Days 90 Days 90 Days 90 Days N/A I Month Warranty I Month for Return and Replace - I lardware (W i N G)" hardware 90 Days I Month N/A shipped within 10 business days of receipt of defective asset 3 Month Warranty Return and Replace -- Hardware (WiNG)` 3 Months 90 Days 3 Months N/A shipped within '10 business days of receipt of defective asset 90 Days - Defective Return and Replace - I lardware I Year Warranty One Year 90 Days I Year software media shipped within 10 business days of (WNG)��,lc) replacement receipt of defective asset Limited Lifetime ProdLICt 90 Days -- Defective Return and Replace -- Hardware Warranty" (WING) Product Lifetime 90 Days Lifetime software media shipped within '10 business days of replacement receipt of defective asset Limited Lifetime Product Lifetime for Advanced exchange replacement Warranty with Express Droduct Lifetime Droduct Lifetime' Droduct Base Operational hardware shipped next business day Advanced hardware Lifetime Software Updates and from RMA approval time Replacement -B9 Upgrades '8 A1v1 to 5 j1\1 (1\1ondov to ridov) locol Find Uer'ti bine, "pocilic I ''I 1 -1, kw'fli�)Ii I SI "I'lli III "r,"111,111 11''1 1,11 C', up''I'll'' I I, ''I''1111''d ln�,, I fi','Irfw ln,+)w `Ho,,, QpOl',fl )I1,11 SVhmli", I, ''I''1111''d ln�,, I' ll',Tfw r), )re Ihiworrdlflv is ANO opplicohle Io he W1 A1\1 and A1-,)S1j procfiicIti occrIJred I 11,111ni'' I,, 1, luHh''i, ''I''1111''d '111''I 11''1111�)Iwd Inv I ;+di",Irfw h''k)W [roin -,,ehro Ieadhnoloyiea hu Fxhreine 11,1c,Iworkti jrovKons provided lander Ix Fxhreine Worroiflv ore coifflimohons or Ilu -"ohro worronh/ proviSionS III jpldl"11'1,'r"1, hil'Hwi, ''I''1111''d ln�,, I ;+dl',Tfw h''k)W ploce ail IIx hine or IIx occrIJtiMon Advoinced So[Iwore I icentic ond Advoinced So[Iwore I icense Ujpdok,ore (`Iohol lechnicol rIljpjpoN provided viol lelophone, Online SIIppoN Fjoi-IA luHh''i, ''I''1111''d Inv di for h''k)W 1111,1 'P1,111 V 111I I' rfi�)11111" 0111 )Irfi Skul I)IIIIII'SIIqqx)1'1 lorIA ond einoil �IijpjpoN lor reinoinder or Wonroiflv Period 'Advoinced exchom4c, rejploceineifl hordwore delivered nmd hIitiinc,ss dov [roin R1\1A opprovol bine [or A,>, (`,r procfiwIIn 'IjrocfiwI [ehine for W1 A11,19100jrocfiwI� iti r veorti potil and or tiAe dok, 11,loi-Ilh Americo, Wc,tilers) FIii-ope and AINroki oi)l\/ Advoince Hordwore P''JAm-''ins ''111 IluHh''i, ''I1111''d '111''I 11''1111 I lny I�di','Irfw ln,,Jmn� WWW.EXTREMENETWORKS.COM 2 Attachment D Page 402 of 471 Page 818 of 1515 Attachment oExtreme networks Product Warranty, End User License Agreement, Etc. Product (Limited) Warranty l�ensure hme|y�eiptofProduct War�ntyenhdements - as described herein, end-usercustomer must register your Hardware Product Warranty Extreme products. Product registration is required within Subject tothe limitations and conditions set forth herein. 30days after purchase tovalidate product warranty. Failure Extreme warrants tothe original purchasing End User todoso may result in delays in receiving warranty support. that each unit of Extreme hardware products ("Hardware Product warranty registration isavailable at: Products" or^Pnrducts^)will befree from defects in material and workmanship under normal use consistent with Extreme's published written specifications for the Product atthe time of shipment. Warranty Period is for the duration specified in Table - Product Warranty, beginning from the date of shipment. Breach ofwarranty will be enforceable against Extreme only if written notice of such breach is received byExtreme within the applicable Warranty Period. Subject tothe limitations and conditions set forth herein, Extreme warrants that commencing on the Warranty Start Date and continuing for aperiod ofninety (90)days: (a) the mediaonwhich the Software isfurnished will befree of defects in materials and workmanship under normal use and (b)the Software substantially conforms tothe documentation. Except for the foregoing limited warranty, the Software is provided `Y\S |S"This limited warranty extends only tothe Software purchased from anapproved source byanEnd User who isthe first registered end user. End User's sole and exclusive remedyand the entire liability of Extreme and its suppliers under this limited warranty will be(i)replacement ofthe defective mediaarid/or (ii) at Extreme's sole ophon, repair or replacement of the Software subject tothe condition that any error ordefect constituting a breach of this limited warranty is reported to Extreme within the warranty period. In noevent does Extreme warrant that the Software is error free or that End User will beable tooperate the Software without problems or interruptions. In addihon, due to the continual development ofnew techniques for intruding upon and attacking networks. Extreme does riot warrant that the Software orany equipment, systemornetwork onwhich the Software is used will befree ofvulnerability to intrusion or attack. Rennedies-|ntheeventofafai|ureofanyPnrductto comply with the foregoing warranty during the applicable warranty period. Extreme shaU, at its sole option, repair or replace the Product (which may include aworkaround) or refund the fees paid for such Product following return of such Product. The foregoing sets forth Customer's sole and exclusive remedies for breach of warranty. Todetermine the applicable warranty for a particular product reference the Definitions Used inThis Policy Documentation - Extreme supplied or published then - current technical docurnentation describing the features and functions of the associated Products. Warranty Start Date- Used in this policy is from the date of shipment of the Product from Extreme, or in the case of resale by an Extreme authorized reseller, commencing not more than 90 days after shipment by Extreme. Warranty Dmration- Product Lifetinne- Except where otherwise defined, aperiod oftime commencing onthe Warranty Start Date from Extreme (see be|ow)and ending onfive years from the Product's announced end-of-sa|e date inaccordance with Extreme's End ofLife policy described at: . For purposes offurther clarity, end-of-sa|edates are defined in the Extreme End ofLife Policy. Extreme Wireless Controllers Product Lifetime warranty duration is one year from the Product's end-of- sa|edate. Base Operational Softvare-Embeddedsoftwarethatis required tooperate anExtreme-brandednetwork device and isoffered for sale asaninclusive component ofsuch hardware network device product as further described in Extreme's published price list applicable tosuch hardware product (^CoveredProduct''). Feature Packs and Advanced SoftwareLicenses-Defined assoftware enabled pursuant toauthorized use ofan Extreme-issuedlicense key that enables certain optional embedded software features in an Extreme Networks network device and isoffered for sale asanoptional component of such hardware network device product as further described in Extreme Networks' published price list applicable tosuch hardware product ("Covered Product''). Advanced SoftvareLicenseUpdates-Minorre|easesof Advanced Software Licenses that are optional embedded software features of Covered Products. www.sxresmswsrvmmxs»,m s Attachment Page 403 of 471 Page 819Of1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AppficationSoftware-Definedassoftware that is not required tooperate anetwork device, such asmanagement software orother standalone software. |tisriot an enhancement tothe Base Operational Software and may reside onanother network device. Upgrade and Update Software / Firmware Rellease ° A=Major Release Number Major software releases are ° B=Minor / Sustaining Release Number Minor / Sustaining releases are updates. ° C=Maintenance / Sustaining Release Number Maintenance/ Sustaining releases are updates Extreme Product Warranty Entitlements Global Technical Assistance Center - Customer isentitled as part of this warranty to utilize Extreme warranty support line via emai|. Web form ortelephone available from 8 AMto5PM(Monday toFriday) local End User's time for basic hardware and operational software troubles hoohrig assistance inconnection with warranty claims, including RMA's(excluding installation, configuration and general networking troubleshooting). On -Line Support Portal -CustomershaUa|sohaveaccess to Extreme Customer Support Website by registering the Product arid/or FRU at: which may include, but is riot limited to: (i)information about status arid/or review of known hardware arid/or software issues/problems. (ii) access totechnical documentahon.(iii)the ability tolog a case. (iv) information about the status of outstanding RMAs. Base Operational Softvare-Updatesand Upgrades- CustomerisenhdedtoreceiveanyBaseOperahona| Software orBase Operational Softwareupgrades/updates that Extreme may develop and generally release on Covered Products. Base Operational Software: Updates-Customerisenhded toreceive any Base Operational Software updates (i.e`sustaining arid/or maintenance re|eases)that Extreme may develop and generally release onCovered Products. HardwareRepIacennent: Advanced Exchange Next Business Day Ship- Extreme Networks must process the RMA relating tothe defective product per the Advanced Exchange Warranty RMA Times section ofthe Extreme Networks Service Availability Matrix, Monday through Friday, in order to ship the replacement product to your site, bythe end ofday ofthe Next Business Day. Otherwise Second Business Day shipment will beprovided for RM/Ys processed after the time indicated. Extreme will use all commercially reasonable efforts topick pack and ship the hardware replacement using acommercial delivery service tocustomers'site. The replacement part will beshipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4business day delivery from an Extreme regional parts depot tothe customerdelivery site. Variation in business delivery days ispossible depending oncountry ofdestination orgeographical location with the country or other factors. Extreme pays for the return freight ofproducts from Customer to Extreme, including any applicable taxes, duties and customfees tocountry ofshipment destination. Any government or Brokers fees associated with the return of products from Customer to Extreme in the country of origin isCustomers responsibility. Customer must bethe Exporter ofRecord for all product returns to Extreme. Extreme pays the freight ofthe unit shipped tocustomer,excluding any applicable taxes, duties and customfees inCustomers destination country. Extreme will riot bethe importer of record onany shipments toCustomec Customer isresponsible for returning the defective Product to an Extreme -authorized return facility. |nthe event that you fail to return the defective Product within ten (l0) business days of receipt of the replacement FRU. Extreme reserves the right to require customerto pay the full, or portion of the, List Price of the FRU or product component. Extreme will send an invoice to customer that will reflect the arnount to be paid. HardwareRepIacennent:RetmnnandRepIace-Extreme will make commercially reasonable efforts, stits expense, to see the shipping of repaired or replacement FRU (feature, function and fit compatible) within '10 orl5 business days (depending upon affected product) ofreceipt ofthe defective FRU at an Extreme facility. Extreme will use all commercially reasonable efforts topick pack and ship the hardware replacement using acommercial delivery service tocustomers'site. The replacement part will beshipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4business day delivery from an Extreme regional parts depot tothe customerdelivery site. Variation in business delivery days ispossible depending oncountry ofdestination orgeographical location with the country or other factors. Customer pays for the return freight ofthe product to Extremetdesignated |ocahon, including any applicable taxes, duties andcustomfees in both country of origin and destination. Customer must be the Exporter of Record for all product returns to Extreme. Extreme pays the freight ofthe unit shipped toCustomer, excluding any applicable taxes, duties and customfees. Customer must be the Importer of Record for all returns to Customer. www.sxresmswsrvmmxs»,m * Attachment Page 404m4n Attachment oExtreme networks Product Warranty, End User License Agreement, Etc. AdvancedHardwareReplacennent-Extremepnrvidesfor Actual delivery times may vary depending onspecific the advanced shipment ofreplacement hardware. After customer|ocahon. request for a replacement Field Replaceable Unit(FRU) Dead on Arrival (DCA) All hardware products include isvalidated for warranty entitlement byExtreme Global Advance Part Replacement (Next Business Day Shipment) Technical Assistance Center (GTAC)and aReturn Material during the first 30 days after product shipment. For upto Authorization (RMA)number isprocessed, anew field replaceable unit (FRU). Extreme will make commercially reasonable efforts, topick, pack and ship the replacement FRU per the Hardware Replacement provisions as stated in Table (Warranty Summary ofEnhdements) using commercial delivery service to custorner's site. Extreme will use all commercially reasonable efforts topick pack and ship the hardware replacement using acommercial delivery service tocustomers'site. The replacement part will beshipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4business day delivery from an Extreme regional parts depot tothe customerdelivery site. Variation in business delivery days ispossible depending oncountry ofdestination orgeographical location with the country or other factors. Extreme pays for the return freight ofproducts from Customer to Extreme, including any applicable taxes, duties and customfees tocountry ofshipment destination. Any government or Brokers fees associated with the return of products from Customer to Extreme in the country of origin isCustomers responsibility. Customer must bethe Exporter ofRecord for all product returns to Extreme. Extreme pays the freight ofthe unit shipped tocustomer,excluding any applicable taxes, duties and customfees inCustomers destination country. Extreme will riot bethe importer of record onany shipments toCustomec Customer isresponsible for returning the defective Product to an Extreme -authorized return facility |nthe event that you fail to return the defective Product within ten (l0) business days of receipt of the replacement FRU. Extreme reserves the right to require customerto pay the full, or portion of the, List Price of the FRU or product component. Extreme will send an invoice to customer that will reflect the amounttobepaid. Hardware Replacement: General Provisions - Extreme is not responsible for any delays related toexport or customs regulations orprocesses, or transportation issues. thirty (30) days from the date of shipment of the Product from Extreme (or inthe case ofresale by an Extreme authorized reseller orchannel partner, commencing not more than ninety (90)days after shipment by Extreme). Extreme will use all commercially reasonable efforts to provide Advanced Hardware Replacement ofaffected field replaceable unit (FRU)ofHardware Products that fail to operate within twenty-four(24) hours ofinitial installation. For purposes ofthis DOA policy, "fail tooperate" shall mean a material failure tosubstantially perform in accordance with the Hardware Products' published Documentation. Warranty Duration: Integrated Component Coverage - For certain product families someintegrated Components, such as power supplies, fans, and cab|es, may have their own separate warranty duration which may be different than the product it is embedded in. For alisting, reference Table 2 - integrated Component Coverage below. Table 2 - Integrated The following components that are integrated within a product may have separate warranty provisions: Product Family Fans Power SuppfieO I. -Series N/A 3 Years naiemal neuunuanflponersupplieoore mcmueummenananivcov mme [or mex. a.anu c seneoneuunuanfl pw°ersupp1v c^hleo madam m/ppeunux exiemal neuunuanfl ponersuppxeo amcmmmu unuerme neuunuanflPower supplvwmnaniv Appliance Products and Products Sold Within aBundle - For products that are sold ina^bund|ed^manner rioted aseither aBundle orasanAppliance infurther defined in Extreme's published price list, the warranty provision provided is per each individual Product Part Number that comprises the bund|e, unless otherwise noted in the price list. www.sxresmswsrvmmxs»,m s Attachment Page 405 of 471 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme isriot responsible for any delays related toexport orcustoms regulations or pnrcesses, in the event of force maUeune,ordue totransportation issues. Actual delivery times may vary depending on specific customer location. Replacement Products will be warranted for the remaining warranty period ofthe original Products that were replaced, and may be new or refurbished products. |fawarranty claim is invalid for any reason and Extreme agrees to repair the returned Product even though it is not under warranty, Extreme reserves the right to charge for services performed and expenses incurred by Extreme in repairing, hand|ing and shipping the returned Product. Expendable parts, such as fuses, |amps, fi|ters, and other parts that are regularly replaced due tonormal use are excluded from this limited Product Warranty. As to Products repaired or replaced during the original warranty period for such Product, the warranty period onthe replacement Product orthe repaired Product shall terminate 30 days after shipment to End User or upon the termination ofthe original warranty period, whichever is longer. Unless required for operational reasons oras otherwise agreed between customerand Extreme in aseparate writing, replacement FRU will beatthe then -current minimum hardware, software and software release levels as published byExtreme for the Product being replaced. Astoany out-of-wanantyProducts repaired, modified or replaced by Extreme at Extreme's regular published charges, the warranty period with respect tothe material and workmanship hereunder shall expire 30days after the date ofshipment ofsaid Product toEnd User. XMIUMUM The warranties set forth above shall riot apply to: (i)any third party software or hardwane, whether or not such third party software or hardware isorwas provided by Extreme; (ii)any Products that have been modified or repaired byanyone orany entity other than Extreme or asauthorized byExtreme inwriting; or(iii)any Products Em: Extreme- which have riot been maintained inaccordance with any handling oroperating instructions supplied byExtreme, or that have been subjected toany unusual ornon-standard physical or electrical stress, misuse, negligence, accidents, orcauses beyond Extreme's control. The warranties and corresponding entitlements set forth herein are for the benefit ofand shall apply only toend user customer. EXCEPT FOR THE EXPRESS WARRANTIES AND CONDITIONS SET FORTH HEREIN, EXTREME MAKES NOOTHER WARRANTIES ORCONDITIONS REL/g-|NG TOTHE PRODUCTS AND/OR FRU(s)PROVIDED, AND SPEC|F|CALLYAND EXPRESSLY0SCLA|MSANY OTHER EXPRESS, |MPL|EOORSTATUTORY WARRANTIES AND FURTHER EXPRESSLY0SCLA|MSANY WARRANTY OFMERCHANTAB|L|TyFITNESS FOR PART|CULAR PURPOSE, ACCURACY OF INFORMATION, OR NON - INFRINGEMENT OF THIRD PARTY RIGHTS. |NNOEVENT VV|LLEXTREME BEL|ABLETOCUSTOMER FOR ANY INDIRECT, SPECIAL- INCIDENTAL- CONSEQUENTIAL- OR EXEMPLARYDAMAGES OFANY KIND (|NCLU0NGBUT NOT L|M|TEOTOANY LOSTPROFITS ORLOSTSAVINGS, LOSSOFUSE ORINTERRUPTION OFBUSINESS, OR PROCUREMENT OFSUBSTITUTE GOOOS).HOWEVER CAUSED, WHETHER ARISING |NCONTRACT, TORT, BREACH OFWARRANTY, NEGL|GENCE.STRICT L|AB|L|TY OROTHERWISE, EVEN |FEXTREME WAS ADVISED OF THE POSS|B|L|TYOFSUCH DAMAGES, AND WHETHER ORNOT ANY REMEDY PROVIDED HEREIN SHOULOFAIL- OF |TSESSENT|ALPURPOSE. EXTREME TOTAL- L|AB|L|TY UNDER THIS WARRANTY TOCUSTOMER |NRELAT|ONTO THE PROOUCT(S)AND/OR FRU(S)AND FULF|LLMENTOF WARRANTY SERVICES ASDEFINED HEREIN SHALLBE L|M|TEOTOTHE AMOUNTS PAID TOEXTREME FOR SUCH PROOUCT(S)AND/OR FRU(S). Extreme reserves the right to engage third party subcontractors toperform any services defined herein on behalf ofExtreme. xttp://wwwmmmm*netwm,xs.com/contvct // Phone +1'*oo'579'2000 Vzossmemewewmms,Inc. All rights rosomeusmemewewmmsand mesmemewewmms logo aro tradomamsmeowtoeuuademamsofsmemewewmms,Inc. m meooitodsmtosand/or ome,omomes.All othe,oamesaro mepmpeny ofme/,especuveo*oers.For additional Information oosmemewewm,ksnacoma,ksploaso see littp://www.extremerietworks.com/compariy/legal/trademarks. Specifications and product availability are subject tochange without notice. mnz1'nws'ns www.sxresmswsrwoexs»,m s Attachment Page 406 of 471 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. rm "u End User License Agreement 4= C u tonfi :-r, r rh,,e Nphvcn k ,g This document is an agreement ("Agreemenf') between You, the end user, and Extreme Networks, Inc., on behalf of itself and its Affiliates ("Extreme") that sets forth Your rights and obligations with respect to the "Licensed Materials". BY INSTALLING SOFTWARE AND/OR THE LICENSE KEY FOR THE SOFTWARE ("License Key") (collectively, "Licensed Software"), IF APPLICABLE, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE AND/OR ANY OF THE LICENSED MATERIALS UNDER THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE LICENSE(S) AND THE LIMITATION(S) OF WARRANTY AND DISCLAIMER(S)/LIMITATION(S) OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE LICENSE KEY (IF APPLICABLE) TO EXTREME OR YOUR DEALER, IF ANY, OR DO NOT USE THE LICENSED SOFTWARE AND/OR LICENSED MATERIALS AND CONTACT EXTREME OR YOUR DEALER WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT TO ARRANGE FOR A REFUND. 1. DEFINITIONS. "Affiliates" means, with respect to a party, any person, partnership, corporation, limited liability company, or other form of enterprise that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with such party. "Server Application" means the software application associated to software authorized for installation (per License Key, if applicable) on one or more of Your servers as further defined in the Ordering Documentation. "Client Application'' means the application to access the Server Application. "Network Device" means a physical computer device, appliance, appliance component, controller, wireless access point, or virtual appliance as further described within the applicable product documentation, which includes, without limitation, the Order Documentation. "Licensed Materials" means the Licensed Software (including, without limitation, the Server Application and Client Application), Network Device (if applicable, but excluding any ODM Network Device), Firmware, media embodying software, and the accompanying documentation. "Concurrent User" means any of Your individual employees who You provide access to the Server Application at any one time. "Firmware" means any software program or code embedded in chips or other media. "Standalone" software is software licensed for use independent of any hardware purchase as identified in the Ordering Documentation. "ODM Network Device" means a Network Device purchased by You from a Specified ODM as identified in the Ordering Documentation. "Specified ODM" means an original device manufacturer as identified in the Ordering Documentation. "Licensed Software" collectively means the software, including without limitation Standalone software, Firmware, Server Application, Client Application or other application licensed with conditional use parameters as defined in the Ordering Documentation. "Ordering Documentation" means the applicable price quotation, corresponding purchase order, relevant invoice, order acknowledgement, and accompanying documentation or specifications for the products and services purchased, acquired or licensed hereunder from Extreme either directly or indirectly. "Open Source Software" means any software code or component that is distributed as open source software or freeware or is otherwise distributed publicly or made generally available in source code form under terms that permit modification and redistribution on one or more triggering conditions. 2. TERM. This Agreement is effective from the date on which You accept the terms and conditions of this Agreement via click -through, commence using the products and services or upon delivery of the License Key if applicable, and shall be effective until terminated. In the case of Licensed Materials offered on a subscription basis, the term of "licensed use" shall be as defined within Your Ordering Documentation. 3. GRANT OF LICENSE. Extreme hereby grants You a non -transferable, non-sublicensable, non-exclusive license to use the Licensed Materials and the accompanying documentation for Your own business purposes, subject to the terms and conditions of this Agreement, applicable licensing restrictions, and any term, user server networking device, field of use, or other restrictions as set forth in Your Ordering Documentation. If the Licensed Materials are being licensed on a subscription and/or capacity basis, the applicable term and/or capacity limit of the license shall be specified in Your Ordering Documentation. You may install and use the Licensed Materials as permitted by the license type purchased as described below in License Types. The license type purchased is specified in the Ordering Documentation. YOU MAY NOT USE, COPY, OR MODIFY THE LICENSED MATERIALS, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. 4. LICENSE TYPES. • Single User, Single Network Device. Under the terms of this license type, the license granted to You by Extreme authorizes You to use the Licensed Materials as bundled with a single Network Device as identified by a unique serial number for the applicable term, if and as specified in Your Ordering Documentation, or any replacement for that Network Device for that same term, for internal use only. A separate license, under a separate license agreement, is required for any other Network Device on which You or another individual, employee or other third party intend to use the Licensed Materials. A separate license under a separate license agreement is also required if You wish to use a Client license (as described below). • Single User, Multiple Network Devices. Under the terms of this license type, the license granted to You by Extreme authorizes You to use the Licensed Materials with a defined amount of Network Devices as defined in the Ordering Documentation. • Client. Under the terms of the Client license, the license granted to You by Extreme will authorize You to install the License Key for the Licensed Materials on Your server and allow the specific number of Concurrent Users as ordered by you and is set forth in Your Ordering Documentation. A separate license is required for each additional Concurrent User. • Standalone. Software or other Licensed Materials licensed to You for use independent of any Network Device. • Subscription. Licensed Materials, and inclusive Licensed Software, Network Device or related appliance updates and maintenance services, licensed to You for use during a subscription period as defined in Your applicable Ordering Documentation. • Capacity. Under the terms of this license, the license granted to You by Extreme authorizes You to use the Licensed Materials up to the amount of capacity or usage as defined in the Ordering Documentation. 5. AUDIT RIGHTS. You agree that Extreme may audit Your use of the Licensed Materials for compliance with this Agreement and Your License Type at any time, upon reasonable notice. In the event that such audit reveals any use of the Licensed Materials by You other than in full compliance with the Attachmentag Page Page 823 Of 1515 December 2018 EULA e 1 of 4 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks End User License Agreement license granted and the terms of this Agreement, Extreme reserves the right to charge You for all reasonable expenses related to such audit in addition to any other liabilities and overages applicable as a result of such non-compliance, including but not limited to additional fees for Concurrent Users, excess capacity or usage over and above those specifically granted to You. From time to time, the Licensed Materials may upload information about the Licensed Materials and the associated usage to Extreme. This is to verify the Licensed Materials are being used in accordance with a valid license and/or entitlement. By using the Licensed Materials, you consent to the transmission of this information. 6. RESTRICTION AGAINST COPYING OR MODIFYING LICENSED MATERIALS. Except as expressly permitted in this Agreement, You may not copy or otherwise reproduce the Licensed Materials. In no event does the limited copying or reproduction permitted under this Agreement include the right to decompile, disassemble, electronically transfer, reverse engineer, extract or otherwise derive, the source code and any other ideas, algorithms or procedures from the Licensed Materials, including without limitation the Licensed Software, or to translate the Licensed Materials into another computer language, except to the extent that Extreme is not permitted by applicable law to exclude or limit such rights. The media or software in other form embodying the Licensed Materials may be copied by You, in whole or in part, into machine-readable form, in sufficient numbers only for backup or archival purposes, or to replace a worn or defective copy. However, You agree not to have more than two (2) copies of the Licensed Software in whole or in part, including without limitation the original media, in Your possession for said purposes without Extreme's prior written consent, and in no event shall You operate more copies of the Licensed Software than the specific licenses granted to You. Notwithstanding the above, you may not copy or reproduce the documentation. You agree to maintain appropriate records of the location of the original media and all copies of the Licensed Software, in whole or in part, made by You. You agree to include any copyright, trademark, claims of confidentiality, or trade secrets, or other proprietary notice set forth on the label of the media embodying the Licensed Software on any copy of the Licensed Materials in any form, in whole or in part, or on any modification of the Licensed Materials or any such modular work containing the Licensed Materials or any part thereof. 7. TITLE AND PROPRIETARY RIGHTS. (a) The Licensed Materials are copyrighted works and, as between You and Extreme, are the sole and exclusive property of Extreme, its Affiliates, and/or its and their suppliers. This Agreement conveys a limited right to operate the Licensed Materials and shall not be construed to convey title to the Licensed Materials to You. There are no implied rights. You shall not sell, lease, transfer, sublicense, dispose of, or otherwise make available the Licensed Materials or any portion thereof, to any other party. (b) You further acknowledge that in the event of a breach of this Agreement, Extreme shall suffer severe and irreparable damages for which monetary compensation alone will be inadequate. You therefore agree that in the event of a breach of this Agreement, Extreme shall be entitled to monetary damages and its reasonable attorney's fees and costs in enforcing this Agreement, as well as injunctive relief to restrain such breach, in addition to any other remedies available to Extreme. 8. PROTECTION AND SECURITY. In the performance of this Agreement or in contemplation thereof, You and Your employees and agents may have access to private or confidential information owned or controlled by Extreme relating to the Licensed Materials supplied hereunder including, but not limited to, product specifications and schematics, and such information may contain proprietary details and disclosures. All information and data so acquired by You or Your employees or agents under this Agreement or in contemplation hereof shall be and shall remain Extreme's exclusive property, and You shall use all commercially reasonable efforts to keep, and have Your employees and agents keep, any and all such information and data confidential, and shall not copy, publish, or disclose it to others, without Extreme's prior written approval, and shall return, destroy or expunge such information and data to Extreme at its request. Nothing herein shall limit Your use or dissemination of information not actually derived from Extreme or of information which has been or subsequently is made public by Extreme, or a third party having authority to do so. You agree not to deliver or otherwise make available the Licensed Materials or any part thereof, including without limitation the object or source code (if provided) of the Licensed Software, to any party other than Extreme or its employees, except for purposes specifically related to Your use of the Licensed Materials on a single computer as expressly provided in this Agreement, without the prior written consent of Extreme. You acknowledge that the Licensed Materials contain valuable confidential information and trade secrets, and that unauthorized use, copying and/or disclosure thereof are harmful to Extreme, its Affiliates, and its and their suppliers. 9. MAINTENANCE AND UPDATES. Except as otherwise defined below, updates and certain maintenance and support services, if any, shall be provided to You pursuant to the terms of a separate service and/or maintenance agreement, if Extreme and You enter into such an agreement. Except as specifically set forth in such agreement, Extreme shall not be under any obligation to provide updates, modifications, or enhancements, or maintenance and support services for the Licensed Materials to You. If you have purchased Licensed Materials on a subscription basis then the applicable service terms for Your Licensed Materials are as provided in Your Ordering Documentation. Extreme will perform the maintenance and updates in a timely and professional manner, during the term of Your subscription, using qualified and experienced personnel. You will cooperate in good faith with Extreme in the performance of the support services including, but not limited to, providing Extreme with: (a) access to the Extreme Licensed Materials (and related systems), and (b) reasonably requested assistance and information. Further information about the applicable maintenance and updates terms can be found on Extreme's website atllttdla://www exn.ueincited,Nvoallti .coin/comlapul ��;1➢1d CI Iii ;tau aulalati�a;;V; . 10. DEFAULT AND TERMINATION. In the event that You shall fail to keep, observe, or perform any obligation under this Agreement, including without limitation a failure to pay any sums due to Extreme, or in the event that you become insolvent or seek protection, voluntarily or involuntarily, under any bankruptcy law, Extreme may, in addition to any other remedies it may have under law, terminate this Agreement and any other related agreements between Extreme and You. (a) Immediately after any termination of this Agreement, Your licensed subscription term, or if You have for any reason discontinued use of Licensed Materials, You shall return to Extreme, destroy or expunge (in Extreme's discretion) the original and any copies of the Licensed Materials and remove the Licensed Materials, including without limitation any Licensed Software, from any Network Devices, and certify in writing that through Your best efforts and to the best of Your knowledge the original and all copies of the terminated or discontinued Licensed Materials have been returned to Extreme, destroyed or expunged. (b) Sections 1, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive expiration or termination of this Agreement for any reason. Attachment 9 Page 408 71 Of 1515 December 2018 EULA Age 2 of 4 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks End User License Agreement 11. EXPORT REQUIREMENTS. You are advised that the Licensed Materials, including without limitation the Licensed Software, is of United States origin and subject to United States Export Administration Regulations; diversion contrary to United States law and regulation is prohibited. You agree not to directly or indirectly export, re-export, import or transmit the Licensed Materials, including without limitation the Licensed Software to any country, end user or for any use that is prohibited by applicable United States laws or regulations (including but not limited to those countries embargoed from time to time by the United States government) or contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, re- export, import, transmission or use. 12. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Licensed Materials (i) incorporate commercial computer software and commercial computer software documentation developed exclusively at private expense, and (ii) are in all respects proprietary property belonging solely to Extreme or its suppliers. If You are acquiring the Licensed Materials on behalf of any part of the U.S. government, the following provisions apply. The object code and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the object code or the accompanying documentation by the U.S. government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the provisions hereof. Any technical data provided that is not covered by the above provisions is deemed to be "technical data" and "commercial items" pursuant to DFAR Section 252.227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 252.227.7015(b). 13. LIMITED WARRANTY AND LIMITATION OF LIABILITY. Extreme warrants to You that (a) the initially -shipped version of the Licensed Materials will materially conform to the Ordering Documentation; and (b) the media on which the Licensed Software is recorded will be free from material defects for a period of ninety (90) days from the date of delivery to You or such other minimum period required under applicable law. Extreme does not warrant that Your use of the Licensed Materials will be error -free or uninterrupted. NONE OF EXTREME, ITS AFFILIATES, OR ITS OR THEIR LICENSORS OR SUPPLIERS, MAKE ANY OTHER WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED "AS IS". THE LIMITED WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED, AND STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. IN NO EVENT WILL EXTREME OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR ANY LOST PROFITS OR DATA, OR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INABILITY TO USE THE LICENSED MATERIALS, TO ANY PARTY EVEN IF EXTREME OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXTREME OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS DURING THE TWELVE (12) -MONTH PERIOD PRECEDING THE EVENT CAUSING THE CLAIM. Some jurisdictions do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to You. This limited warranty gives You specific legal rights, and You may also have other rights which vary based on Your applicable jurisdiction. 14. GOVERNING LAW; JURISDICTION. The validity, performance and construction of this Agreement and the rights and obligations of the parties pursuant to this Agreement shall be governed and construed in accordance with the laws of the State of California, without reference to any conflicts of law rules that would mandate the application of the laws of another jurisdiction. Extreme and You hereby consent to the exclusive jurisdiction of, and venue in, the State and Federal courts of the State of California. You waive any objections to the personal jurisdiction and venue of such courts. None of the 1980 United Nations Convention on the Limitation Period in the International Sale of Goods, the United Nations Convention on Contracts for the International Sale of Goods, or the Uniform Computer Information Transactions Act shall apply to this Agreement. 15. FREE AND OPEN SOURCE SOFTWARE. Portions of the Licensed Software provided to You may contain Open Source Software that is subject to a license that permits You to modify these portions and redistribute the modifications (an "Open Source License"). Your use, modification, and redistribution of the Open Source Software are governed by the terms and conditions of the applicable Open Source License. Some of the Open Source Software may be subject to: the GNU General Public License (GPL), the Lesser General Public License (LGPL), the Artistic License, the Mozilla Public License, Common Public License, the BSD License, the MIT License, the Apache License, the Creative Commons License, and/or other Open Source Licenses, copies of which are provided with the Licensed Materials or can be found on Extreme's website at ➢udhla :Ify w ex,i-eincitefi,Nvoilti .Coin/ uilrl..IIlao�n�i��ylola�ru y2 �� deck un udion/. In accordance with the terms of GPL and LGPL, you may request a copy of the relevant source code should GPL and/or LGPL terms apply to your Licensed Software. Additional details are available upon request to Extreme. This offer is valid for up to three years from the date of original distribution of the relevant Licensed Software. All Open Source Software is provided to You on an "AS IS" basis, and Extreme makes no representations or warranties for the use of this Open Source Software by You independent of any Extreme provided product, software, or services. Refer to the licenses and copyright notices listed in the relevant open source declaration for any specific license terms that apply to each Open Source Software component and warranty, if any, from the associated authors or licensors. Extreme specifically disclaims any warranties for defects caused by altering or modifying any Open Source Software or the products' recommended configuration. You have no warranty or indemnification claims against Extreme in the event that the Open Source Software infringes the intellectual property rights of a third party. Technical support, if any, will only be provided for the unmodified Extreme product as used within such product's recommended configuration. 16. GENERAL. (a) This Agreement is the entire agreement between Extreme and You with respect to the subject matter hereof, including without limitation the Licensed Materials, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. Attachment 9 Page 409 71 Of 1515 December 2018 EULA Page 3 of 4 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks End User License Agreement (b) This Agreement may not be changed or amended except in writing signed by both parties hereto. No purchase order shall supersede or amend any terms of this Agreement. (c) You represent that You have full right and/or authorization to enter into this Agreement. (d) This Agreement shall not be assignable by You without the express written consent of Extreme. The rights of Extreme and Your obligations under this Agreement shall inure to the benefit of Extreme's assignees, licensors, and licensees. (e) Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. (f) The provisions of the Agreement are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of this Agreement shall nevertheless be binding on and enforceable by and between the parties hereto. (g) Extreme's waiver of any right shall not constitute waiver of that right in future. (h) Should You have any questions regarding this Agreement, You may contact Extreme at the address set forth below. Any notice or other communication to be sent to Extreme must be mailed by certified mail to the following address: Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 United States ATTN: Legal Department Attachmentag Page Page 826 Of 1515 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 itAnd Collectionsgext reme networks. com for e-mail inquiries or you may call 1-408-579-2800 for further direction. If you are exempt from sales tax please furnish a copy of your exemption certificate in the name of Extreme Networks, Inc., or as otherwise reasonably requested by Extreme. Services. Extreme will provide to Customer network engineering and/or consulting services as further identified by Extreme on its posted Price List and as further described pursuant to your applicable order documentation (the "Services"). Beyond the standard services descriptions as identified in your order documentation, delivery of Services may be further conditioned as set forth in a statement of work, letter of engagement, request for schedule, and/or any other document outlining the scope of services to be performed in accordance with these terms and conditions (hereinafter referred to as a "Scope Document"). Fees. Rates and Payment. Services fees and rates will be as published on Extreme's then -current applicable price list or as specified in the Scope Document, if any. If an hourly rate is specified, Customer will pay for each hour of Services without proration. If a flat rate is specified, Customer will pay at the rate specified. In addition to labor fees, Customer is responsible for all travel and out-of-pocket expenses related to the Services. Travel expenses may include without limitation: lodging, train fare, airfare, parking, tolls and mileage. Shipping expenses, if any, are the sole responsibility of Customer. Shipping expenses include: freight charges from Extreme to the staging area, freight charges from the staging area to the Customer site, overnight courier charges for replacement components, cables, etc. Services may be provided in a number of ways including on-site, telephone, and/or remote support. Fees and rates do not include, and Customer is responsible for, all sales, use, value-added and other taxes, and all customs, duties and tariffs, or export fees now or hereafter claimed or imposed by any governmental authority upon payments to Extreme under this Agreement. Payment on each invoice is due within thirty (30) days of date of such invoice. Extreme will have the right to use subcontractors to perform all or part of the Services as it deems appropriate, provided that Extreme shall remain responsible for such subcontractor's performance of such Services. Change Orders. In order to add or change any terms or conditions of these Terms and Conditions, a written change order signed by both parties ("Change Order") is required. Extreme will prepare all Change Orders. The parties must mutually agree to all Change Orders. Pending such agreement, Extreme will continue to perform and be paid as if such Change Order had not been requested or recommended. Deliverables and Acceptance. For purposes of these Terms and Conditions, the term "Deliverables" means the tangible results of the Services. Upon completion of the Services, Customer shall have five (5) days to verify that the Services and Deliverables provided substantially conform to these Terms and Conditions. Customer must notify Extreme of its non-acceptance within such five (5) day period. Any notification of non-acceptance will include a reasonably detailed description of the reasons for such non-acceptance. Extreme shall have thirty (30) days from the date of such notification to rectify the problem, following which Customer shall have another five (5) day period to review the applicable Services or Deliverables. In the event that Customer either (a) does not notify Extreme of any non-acceptance during the relevant five (5) day period, or (b) confirms its acceptance of the applicable Services or Deliverables, in writing within the relevant five (5) day period, the applicable Services or Deliverables shall be deemed accepted. Notwithstanding the foregoing, the acceptance criteria or procedures for Deliverables set forth in any Scope Document will only apply to the Services provided. License and Ownership. Upon Customer acceptance of a Deliverable and receipt by Extreme of payment in full, Extreme grants Customer a non-exclusive, perpetual, non -transferable license to use such Deliverable for its own internal purposes. Customer's license confers no title or ownership in the Deliverable and will not be construed as a sale of any rights in the Deliverable or the media on which it is recorded or printed. All copyrights and other intellectual property rights existing prior to the date of performance of Services shall belong to the party that owned such rights immediately prior to the date of performance of Services. Neither party shall gain by virtue of these Terms and Conditions any rights of ownership, patents, trade secrets, trademarks or any other intellectual property rights owned by the other. Extreme shall own all copyright, patents, trade secrets, trademarks and other intellectual property rights, title and interest in or pertaining to any techniques, know-how, software, inventions, processes, data, design, diagrams, documentation and all other information and materials created by Extreme in performing the Services hereunder. Confidentiality. Each party shall hold in confidence all materials or information disclosed to it hereunder which are marked as confidential or proprietary, or if disclosed verbally, would ordinarily be regarded as confidential in the course of business on account of the nature of the information or the circumstances of its disclosure ("Confidential Information"). Each party agrees to take precautions to prevent any unauthorized disclosure or use of Confidential Information consistent with precautions used to protect such party's own confidential or proprietary information, but in no event less than reasonable care. The obligations of the parties hereunder shall not apply to any Confidential Information which: (i) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available; (ii) is known by the receiving party at the time of receiving such information; or (iii) is independently developed by the receiving party without use of any of the other party's Confidential Information. Notwithstanding the foregoing, disclosure of Confidential Information shall not be precluded if such disclosure is in response to a valid order of a court or other governmental body or otherwise required by law; provided, however, that the responding party shall first have given notice to the other party hereto to enable such other party to seek a protective order or otherwise prevent such disclosure. Limited Warranty. Extreme will use reasonable commercial efforts to provide the Services in a professional and workmanlike manner. EXTREME MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY UNDER THESE TERMS AND CONDITIONS AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON -INFRINGEMENT OF THIRD PARTY RIGHTS. EXTREME'S TOTAL LIABILITY ARISING FROM THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE TOTAL AMOUNT PAID TO EXTREME UNDER THIS AGREEMENT. EXTREME WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND UNDER THESE TERMS AND CONDITIONS. Extreme will not be responsible in anyway for any losses or other consequences arising from its failure to meet any schedule due to any delay, inability or failure by Customer or third party to deliver or provide access to any information or materials required for performance of the Services. Attachment D Page 411 of 471 Page 827 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Limitation ofLiability. UNDER NO CIRCUMSTANCES WILL EXTREME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF EXTREME WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF EXTREME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, FOR DAMAGES HEREUNDER IS LIMITED TO THE AMOUNTS THAT CUSTOMER HAS PAID EXTREME UNDER THE SCOPE DOCUMENT UNDER WHICH CUSTOMER'S CLAIM AROSE. CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EXTREME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY THEM ARISING IN CONNECTION WITH THE PERFORMANCE OF SERVICES HEREUNDER EXCEPT TO THE EXTENT RESULTING FROM EXTREME'S WILLFUL OR KNOWING MISCONDUCT. Noninterference with Business. During this Agreement, and for a period of two (2) years immediately following this Agreement's termination or expiration, Customer agrees not to interfere with the business of Extreme in any manner. By way of example and not of limitation, Customer agrees not to solicit or induce any employee or independent contractor to terminate or breach an employment, contractual or other relationship with Extreme. Master Services Agreement. Except as otherwise governed pursuant to a valid and current written and duly executed agreement between Customer and Extreme (a "Services Agreement") in the event of a conflict between such Services Agreement and these Terms and Conditions, the terms of the Services Agreement will prevail as applied against such conflicting terms. Miscellaneous. Extreme is and at all times shall be an independent contractor in all matters relating to these Terms and Conditions. These Terms and Conditions will be governed by the laws of California, without regard to that body of law controlling conflicts of law. All disputes arising under these Terms and Conditions shall be brought in Superior Court of the State of California in Santa Clara County or the Federal District Court of San Jose, as permitted by law. Either party shall have the right to terminate these Terms and Conditions upon the material breach of the other party; provided the breaching party has failed to cure such breach within thirty (30) days after receipt of written notice of such breach. A provision of these Terms and Conditions will survive expiration or termination of these Terms and Conditions if the context of the provision indicates that it is intended to survive. If these Terms and Conditions is terminated, Customer will promptly pay Extreme for Services performed prior to the termination date, plus any expenses incurred. These Terms and Conditions may not be assigned by Customer by operation of law or otherwise without the prior written approval of Extreme. Extreme's rights and obligations, in whole or in part, under these Terms and Conditions may be assigned or delegated by Extreme to any affiliated company or subsidiary or in connection with a merger, reorganization, consolidation or sale of all or substantially all of Extreme's assets. These Terms and Conditions shall be binding upon, and inure to the benefit of, the successors and assigns of the parties thereto. No waiver will be implied from conduct or failure to enforce rights, and no waiver will be effective unless in writing signed on behalf of the party against whom the waiver is asserted. Neither party will have the right to claim damages or to terminate these Terms and Conditions as a result of the other party's failure or delay in performance due to circumstances beyond its reasonable control (except for obligations relating to fees payable under these Terms and Conditions), including but not limited to labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, components, raw materials or supplies, war, riot, insurrection, epidemic, natural disasters, governmental action or terrorism. If any part of these Terms and Conditions is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of these Terms and Conditions will remain in full force. Attachment D Page 412 of 471 Page 828 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t P,yorj th N -,wank Terms of Support NOTICE TO ALL USERS: PLEASE READ THESE TERMS OF SUPPORT (THE "AGREEMENT") CAREFULLY. EXTREME RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THIS AGREEMENT AT ANY TIME WITHOUT FURTHER NOTICE BUT WILL POST THE REVISED AGREEMENT ON EXTREME'S WEBSITE. YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH REVISIONS CONSTITUTES YOUR ACCEPTANCE OF THE NEW AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT OR ANY FUTURE REVISED AGREEMENT, DO NOT USE OR CONTINUE TO USE THE SERVICES. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE EXTREME WEBSITE TO DETERMINE IF THERE HAVE BEEN ANY CHANGES TO THIS AGREEMENT AND TO REVIEW SUCH CHANGES. Extreme Networks, Inc. ("Extreme") agrees to provide the ExtremeWorks Support Program and related Support Plans to You pursuant to the following terms and conditions. If You do not accept these terms, do not purchase or use the ExtremeWorks Support Program or related Support Plans. 1. Definitions. In addition to the terms defined elsewhere in this Agreement, the following terms have the following meanings: 1.1 "Authorized Resellers" means those companies (a) authorized by Extreme to resell, promote or deliver the ExtremeWorks Support Program to the marketplace, and (b) through which Company has purchased the ExtremeWorks Support Program. 1.2 "Customer" or You" means a purchaser of the Services who acquires such Services for ordinary business usage and not for purposes of further distribution or resale. 1.3 "Customer Documentation" means Product documentation, Product specifications and other related materials. 1.4 "Customer Personal Data" means all personal data (as defined in the Data Protection Law) which is processed by Extreme on Your behalf, or on behalf of an End User, in connection with the Services. 1.5 "Data Protection Law" means all applicable laws relating to data protection and privacy including (without limitation) the EU Data Protection Directive (95/46/EC) as implemented in each jurisdiction, the EU General Data Protection Regulation (2016/679), the EU Privacy and Electronic Communications Directive 2002/58/EC, as implemented in each jurisdiction, and any amending or replacement legislation from time to time. 1.6 "Defect" means a failure of any Product to operate in accordance with Extreme's technical specifications as set forth in the End User Documentation. 1.7 "Intellectual Property Rights" means any and all current and future (i) rights associated with works of authorship; including but not limited to copyrights, moral rights, and mask -work rights; (ii) patent rights, rights of priority, and design rights; (iii) trade secret rights, (iv) trademark rights (including service mark rights) and trade dress rights; (v) all other intellectual and industrial property rights of every kind and nature which may exist anywhere in the world, whether registered or unregistered; and (vi) any and all applications and registrations, renewals, extensions, provisionals, continuations, continuations -in -part, divisions, reissues or reexaminations of any of the foregoing. 1.8 "Price List" means Extreme's suggested retail price list applicable to the delivery location in effect at the time of order acceptance by Extreme, which price list is subject to revision from time to time in Extreme's sole discretion. Attachment D Page 413 of 471 Page 829 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t P,yorj th N -,wank 1.9 "Products" mean Extreme commercial networking products as identified in the Price List, including (i) hardware products with embedded Software, (ii) Software Products in object code form, (iii) End User Documentation, and (iv) other materials related to the foregoing, if any, supplied to You and/or the Company in a commercial package. 1.10 "Releases" mean Updates and Upgrades, collectively. No Alpha or Beta or non -production versions shall be considered Releases. 1.11 "Services Environment" refers to the combination of hardware and software components owned, licensed or managed by Extreme to which Extreme may establish a data communication link between You and Extreme, and from which Extreme may access Your Products, as part of, and in order to, provide the Services You have ordered. You may be required to provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 1.12 "Service Specification" means the Extreme document that sets forth the description of the Extreme service or solution -offering that You are purchasing. 1.13 "Services" mean the services provided by Extreme under the ExtremeWorks Support Program (or similar support arrangement), the Premier Services Program (PSP) Foundation Services, and Extreme Managed Services, or any other end user services provided by Extreme under this Agreement in accordance with the applicable program guide, and as further described in the Service Specification. 1.14 "Software" or "Software Products" mean Extreme software products in object code form which are either sold separately or embedded into Extreme hardware products. Software Products are licensed to You and/or Company under the then -current software license terms for the Software Product in effect at the time of order acknowledgement by Extreme. 1.15 "Trademarks" mean "Extreme Networks" and the applicable Product trademarks as listed in Extreme's usage guidelines, subject to revision from time to time in Extreme's sole discretion. 1.16 "Update" means a new version of a Software Product that includes defect corrections, bug fixes and/or minor enhancements that operate within the framework of the specifications for the current Upgrade of the Software Product, but does not include substantive features or functions not performed by the prior Release of the Software Product. 1.17 "Upgrade" means a new version of a Software Product that includes substantive features or functions not performed by the prior Release of the Software Product. 1.18 "Your Content" means all text, files, images, graphics, illustrations, information, data (including Customer Personal Data as defined in this Agreement), audio, video, photographs and other content and material, in any format, provided by You or on behalf of any End User that reside in, or run on or through, the Service. 2. Services. The scope of the Services provided to Company hereunder is based on the support plan purchased by Company for each unit of the Product purchased. Service Descriptions of the available Extreme support plans, including Extreme's obligations and End User entitlements, are set forth at,_Ir;;I; t //www,extirei rieirietwoirlks,coi mo/su.., oirt/i moa inteiroairoce ,seirvlices (together, the "Support Plans"). Certain on-site Services may not be available in some geographic regions or may require a "phase-in" period before they can be made available to Company. Extreme shall have the right to use subcontractors to perform all or part of the Service(s), as it deems appropriate. To be eligible for the PSP Foundation Service, Company must have Extreme equipment with current maintenance support entitlements. Future Services are deemed added to this Agreement at such time as they are added to the Price List, unless otherwise specified by Extreme in writing. Extreme has the right to discontinue the distribution or availability of any Service at any time upon sixty (60) days' prior notice to Company by email, notification on Extreme's website, or any other method permitted under this Agreement. In accordance with the Support Plan purchased for the applicable Product, the Services may include the following: Attachment D Page 414 of 471 Page 830 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 2.1 Releases. Extreme or its authorized representatives will make available to Company all Releases made generally available by Extreme only for Products for which Company has an active contract for Services. The content of all Releases shall be decided upon by Extreme in its sole discretion. Updates for Products for which Company has an active contract for Services shall be provided to Company at no additional charge during the term of this Agreement. Extreme shall impose additional charges for Upgrades. Company shall install only one (1) copy of a Release for each Product under an active contract for Services, and Company is prohibited from installing Releases on any Product which is not covered under an active contract for Services. 2.2 Corrections. Extreme shall use commercially reasonable efforts to provide a correction or workaround for any reported and reproducible Defect in any Product for which Services have been purchased with a level of effort commensurate with the severity level; provided that Extreme shall have no obligation to correct all Defects in the Products. Company shall notify Extreme TAC of the nature and severity of such Defect and the specific serial number of the applicable Product, and provide Extreme with enough information to locate and reproduce the Defect. Extreme shall not be responsible for correcting any Defect not attributable to Products or any Defect listed under Section 3 ("Exclusions"). 3. Exclusions. The Services provided by Extreme hereunder will not include support and maintenance of any third -party software or hardware not provided by Extreme. Extreme is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas, GBICs and miniGBICs. Extreme shall only be obligated to support the then -current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered under the Services may be obtained at Extreme's then -current rates for special technical services and on Extreme's then -current terms and conditions for such services, subject to acceptance by Extreme at its sole discretion. 4. Company Obligations. 4.1 Company Assistance. Company agrees to provide Extreme with reasonable access to the Products for which problems are reported and all back-ups and Company information services, technical personnel, facilities, and premises as required in connection with the performance of the Services. To efficiently resolve problems and perform local hardware diagnostics, Company shall provide modem level access for all Company sites. Company may provide passwords and/or activate the modem when needed. Company shall be responsible for any and all cables, hardware or software not provided by Extreme. Company's failure to provide such access or information may delay the Services and/or result in Extreme's inability to perform the Services; in such cases, Extreme shall not be liable for any consequences relating to or resulting from such delay or failure to perform. 4.2 Contact People. Company shall appoint at least two (2) individuals who have been trained and are knowledgeable on Extreme products within Company's organization to serve as the primary contacts between Company and Extreme and to receive support as provided herein. Company shall provide and shall update as appropriate contact information for the primary contacts, including address, phone number and email address. All of Company's support inquiries shall be initiated through these primary contacts. Attachment D Page 415 of 471 Page 831 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 4.3 Restrictions on Copying and Reverse Engineering. As a material consideration for this Agreement, Company expressly agrees not to translate, disassemble, reverse compile or reverse engineer the Products, including the Software Products, in whole or in part, except to the extent such prohibition is restricted by applicable law. Company will not copy, modify, create derivative works, rent, lease, loan or use for timesharing or service bureau purposes any Products, including Software Products, in whole or in part without the prior written approval of Extreme, which approval may be withheld in Extreme's sole discretion. 4.4 No Removal of Markings. Company agrees Products and not to remove or destroy any patent, marking, or confidentiality legend placed upon or Documentation supplied by Extreme. 5. Ordering and Payment Terms. 5.1 Orders. to comply with all legends that appear on or in the copyright, logo, trademark, trade name, proprietary contained within Products, containers or End User 5.1.1 The terms and conditions of this Agreement will apply to any and all purchase orders submitted by Company and will supersede any different or additional terms on Company's purchase orders. 5.1.2 Each purchase order must be acknowledged and accepted by Extreme in writing prior to Extreme incurring any obligation under such purchase order. Extreme reserves the right to reject any order. 5.1.3 In countries where Services are available from Extreme, Company may purchase a Support Plan set forth on Extreme's then -current Price List by submitting an order for such Support Plan either at the time of the purchase of the Product to which it relates or at any time thereafter, subject to Section 5.2 ("Reinstatement and Inspection"), Section 6 ("Support for End of Life") and Extreme's acceptance of such order at its sole discretion. Company shall be responsible for any other travel and living expenses incurred in connection with the Services or on-site Service calls that are not expressly included in Company's applicable Support Plan. 5.1.4 Each order of one Support Plan is only valid for a single unit or units of the Product for which Service is purchased and paid for. All orders for Services must include the location where the Services will be provided, the Support Plan being purchased and the model number and serial number of the Product to be supported or such information must be provided to Extreme in writing promptly following the purchase of the Services. Extreme will not be obligated to provide Services for a Product unless Extreme has received such information. 5.1.5 All orders for Services placed with Extreme will be non -cancelable, and all support fees and training fees, if applicable, paid to Extreme shall be non-refundable. 5.2 Reinstatement and Inspection. If Services are not ordered concurrently with any Product orders or are not promptly renewed each year, Extreme may, at its option, commence such Services upon payment of the applicable support fee and a reinstatement fee. If a Product is purchased in used condition, Extreme may, at its option, inspect the Product and commence Services for such Product upon payment of the applicable support fee, a reinstatement fee and Extreme's inspection fee. 5.3 Purchases from Extreme. If Company is purchasing the Services directly from Extreme, Extreme's terms and conditions of sale and service shall apply to such purchase. These terms and conditions can be found at htti3://extremenetworks.com/comi3anv/lecial/terms-of-sales/. Attachment D Page 416 of 471 Page 832 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 5.4 Purchases from Authorized Reseller. If Company is purchasing the Services from an Authorized Reseller, notwithstanding the above, the payment terms set forth in Company's agreement with the Authorized Reseller shall govern; provided, however, in the event the Company's Authorized Reseller defaults on its payment obligations to Extreme for the Services, then You or Company's Use of the Services may be suspended without notice, until such time as the Authorized Reseller cures the breach, or the Company elects to contract for Services directly with Extreme. All other terms of this Agreement shall remain in full force and effect, and any other conflicting, additional or different terms set forth in an agreement between the Company and an Authorized Reseller are superseded by this Agreement and shall be entirely unenforceable against Extreme. 6. Support for End of Life. 6.1 Product End of Life. In the event Extreme discontinues or otherwise ceases to make available to its customers a particular Product model number, Extreme will continue to offer Services for such Product in accordance with its then -current End of Life Policy available at,lr:�:t:t.1rp'//www,.extireirr'ie,it;,etwoirlks..::. irrV.&.i gL/eirid...of..,salla...airid...eirid...of..,su..jort irodu..jcts,/. The Services shall remain in effect with respect to other Products, if any, then covered. 6.2 Support Plan End of Life. Extreme reserves the right to discontinue any Support Plan in its sole discretion upon sixty (60) days' notice, by email, notification on Extreme's website, or any other method permitted under this Agreement, to Company; however, Extreme will continue to provide services under such discontinued Support Plan through the end of any prepaid support period so long as You and/or the Company is not in breach of any of its obligations under this Agreement. 7. Records and Audit. Company agrees to maintain complete, clear and accurate records relating to its activities under this Agreement, including, without limitation, its inventory and sales of each Product and Service (including reseller and end user information) (the "Records"), and retain such Records for such time period as may be required by law and commercially reasonable prudent practices, but not less than two (2) years. Such Records will be maintained in accordance with standard business practices and Generally Accepted Accounting Principles. Company will permit Extreme, or persons designated by Extreme, at Extreme's cost, to audit the Records to ensure compliance by Company with its obligations to Extreme. Any such audit shall be conducted during regular business hours and in such a manner as to not unduly interfere with normal business activities of Company. If the audit reveals an underpayment of amounts owed to Extreme, Company will promptly pay any such shortfall, and if such underpayment is more than 5% for the audited period, Company will further pay, or reimburse Extreme for, the cost of the audit, including professional fees. 8. Return Process. If Company is returning a Product to Extreme, Company must first obtain a Return Material Authorization ("RMA") number from Extreme. Company must return the entire contents of the defective Product and dated End User proof of purchase for the defective Product, if requested by Extreme, marked with the RMA number, to a receiving point designated by Extreme. Shipping cartons that are not marked with RMA numbers will be rejected by Extreme and returned to Company via collect freight. Extreme will pay the transportation charges (excluding taxes, duties and customs) in accordance with the Support Plan purchased for such Product. Notwithstanding the foregoing, Company retains sole responsibility for risk of loss or damage to Products during shipment to and from Extreme. Products returned to Extreme may be repaired or replaced by Extreme at Extreme's sole discretion. Replacement Products may be new or refurbished Products. In the event that Extreme evaluates and determines there is "no trouble found" in greater than twenty-five percent (25%) of the Products or parts returned in a ninety (90) day period, Extreme reserves the right to charge Company a service charge of twenty percent (20%) of the List Price per unit. Attachment D Page 417 of 471 Page 833 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t P,yorj th N -,wank 9. Ownership of Intellectual Property Rights; License; Non -Disclosure 9.1 Intellectual Property Rights. You and Company acknowledge that the Products are proprietary to Extreme and its suppliers, and that Extreme and its suppliers retain exclusive ownership of all Intellectual Property Rights in and to the Products, including in and to any Software Products and Trademarks. You and Company will take all reasonable measures to protect Extreme's Intellectual Property Rights in any Product. Except as expressly provided herein, Company is not granted any right to any Intellectual Property Rights with respect to any Product. 9.2 License. All Releases provided under the Services are licensed subject to the terms and conditions of the then -current Software license agreement for such Software Product in effect at the time the Release is provided. 9.3 Non -Disclosure. You and/or the Company may be exposed to certain confidential information of Extreme including but not limited to information concerning the business, technology, and customers of Extreme, which You and/or Company knows or should know is Extreme's confidential and proprietary information (herein "Confidential Information"). You and/or Company agrees that while this Agreement is in effect and for a period of three (3) years thereafter, You/it will not: (i) use the Confidential Information for any purpose other than to perform under this Agreement; or (ii) disclose to any third party any Confidential Information without the prior written consent of Extreme. Company may disclose Confidential Information only to its employees or contractors on a need to know basis and as is reasonably necessary to allow the party to perform under this Agreement; provided that each such employee or contractor is under a written obligation of nondisclosure which protects the Confidential Information under terms at least as stringent as these terms. This Section will not apply to Confidential Information after such information is made public by Extreme. If any Confidential Information is required to be disclosed by Company as a matter of law or by order of a court or other legal process, Company will promptly notify Extreme of such obligation to disclose and reasonably assist Extreme in obtaining a protective order or otherwise limiting such disclosure. 10. Warranty. All Updates provided hereunder are warranted for the remaining warranty period of the original Software Product, if any, as specified in the warranty card which shipped with the original Software Product. All Upgrades are warranted as set forth in the warranty card for such Upgrade. Replacement Products provided under the Services are warranted for the remaining warranty period of the original Product, if any, as specified in the warranty card which shipped with the original Product. Nothing in the Services shall be construed as expanding or adding to the warranty set forth on the warranty card. Extreme will use all reasonable commercial efforts to provide the support requested by You and/or Company under this Agreement in a professional and workmanlike manner. In the event that Extreme fails to meet this warranty, Extreme may reperform the Services, but Extreme cannot guarantee that every question or problem raised by You or the Company will be resolved. EXTREME WARRANTS THE SERVICES ONLY TO YOU AND/OR COMPANY PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. EXCEPT AS SET FORTH ABOVE, EXTREME MAKES, AND YOU AND/OR COMPANY RECEIVE, NO OTHER WARRANTIES OF ANY KIND. EXTREME EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS, WHETHER EXPRESS, IMPLIED (in fact or by operation of law), STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, TERM OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, ABSENCE OF HIDDEN DEFECTS, ANY WARRANTY OF NON -INFRINGEMENT, AND ANY WARRANTY, TERM OR CONDITION THAT MAY ARISE BY REASON OF USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR COURSE OF PERFORMANCE. Attachment D Page 418 of 471 Page 834 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc Extreme C7, nnk, t P,yorj th N -,wank 11. Term and Termination. 11.1 Services Term. The Services start date shall be determined as follows: (a) for the initial purchase of Service, the Service start date shall be the original shipment date of the covered Product from Extreme, and (b) for Service renewals, the Service start date shall be the date on which the prior Service period ended. Company shall be responsible for the Service Fees from such Service start date. The Service end date will be 12 months from the Service start date, unless otherwise specified in writing by Extreme. Unless Company or Extreme provides notice at least sixty (60) days prior to the end of the Support Plan term of its intent not to renew the Support Plan, the Support Plan term will automatically renew for one (1) year subject to payment being received by Extreme for such Support Plan. If Company fails to pay the annual Support Plan fees in accordance with Extreme's invoice, the applicable ExtremeWorks Support Plan will automatically terminate without notice. 11.2 Agreement Term. All Releases provided under the Services are licensed subject to the terms and conditions of the then -current Software license agreement for such Software Product in effect at the time the Release is provided. 11.3 Termination. This Agreement shall be terminated immediately upon the expiration of all prepaid support periods for the Support Plans purchased by You and/or Company. This Agreement may also be terminated by Extreme (i) for its convenience, upon sixty (60) days' prior written notice to the Company; provided, however, that Extreme will continue to provide Services during any prepaid support period so long as this Agreement was not terminated for Your or Company's breach, (ii) immediately upon written notice to Company, if Company breaches or violates any provision of Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), and 9 ("Ownership of Intellectual Property Rights; License; Non -Disclosure"); (iii) immediately upon written notice to Company, if Company fails to perform or otherwise defaults in any of its obligations (other than those covered by Section 11.3(ii) above) under this Agreement and fails to cure such failure or default within thirty (30) days after written notice thereof, or (iv) , immediately upon written notice to the Company, if the Company is insolvent or makes any arrangement with its creditors generally, or has a receiver appointed for all or a substantial part of its business or properties, or an insolvency, bankruptcy or similar proceeding is brought by or against Company and involving Company as debtor, and if brought against Company is not dismissed within sixty (60) days from its institution, or if Company goes into liquidation or otherwise ceases to function as a going concern. 11.4 Effect of Termination. Upon the expiration or termination of this Agreement for whatever reason, You and/or Company shall no longer be entitled to receive Services from Extreme pursuant to this Agreement, all support fees and training fees paid prior to the effective date of termination shall be non- refundable, and Extreme will no longer have any obligation to provide Services to You and/or Company for the Products pursuant to this Agreement. In addition, Extreme will be entitled to reject all or part of any orders received from Company after notice but prior to the effective date of termination. By thirty (30) days from the effective date of termination, Company will return or destroy all copies of the Confidential Information. At the request of Extreme, the president or the equivalent officer of Company will certify in writing that Company has complied with its obligations hereunder. 11.5 Survival of Terms. The following Sections will survive any expiration or termination of this Agreement for whatever reason: Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), 6 ("Support for End of Life"), 7 ("Records and Audit"), 8 ("Return Process"), 9 ("Ownership of Intellectual Property Rights; License; Non -Disclosure"), , 11.4 ("Effect of Termination"), 11.5 ("Survival of Terms"), 12 ("No Consequential Damages"), 13 ("Limitation on Liability"), 14 ("Data Protection"). Attachment D Page 419 of 471 Page 835 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t P-,yorj th N -,wank 12. No Consequential Damages. Except in case of bodily injury or death where, and then only to the extent that, applicable law requires such liability, UNDER NO CIRCUMSTANCES WILL EXTREME BE LIABLE FOR (i) ANY LOST PROFITS (even if they arise as a direct or immediate consequence of the event that generated the damages), OR (ii) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS, LOST REVENUE OR LOST SAVINGS, LOSS OF USE, LOSS OR DAMAGE TO DATA OR GOODS OR INTERRUPTION OF BUSINESS, IN EACH CASE HOWEVER CAUSED, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF EXTREME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED HEREIN. IN NO EVENT WILL EXTREME BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. 13. Limitation on Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EXCEPT IN CASE OF BODILY INJURY OR DEATH WHERE, AND THEN ONLY TO THE EXTENT THAT, APPLICABLE LAW REQUIRES SUCH LIABILITY, EXTREME'S AGGREGATE LIABILITY FROM OR IN RELATION TO THIS AGREEMENT AND THE SERVICES, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY COMPANY TO EXTREME FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE MOST RECENT FULL CALENDAR YEAR PRECEDING COMPANY'S INITIAL NOTICE OF ANY CLAIM OR POTENTIAL CLAIM HEREUNDER. THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE. 14. Data Protection. 14.1 Subject to Section 14.2, in performing the Services, Extreme will comply with industry standard privacy requirements as may further be defined within the Extreme Networks Privacy and Cookies Policy, which is available at.extremenetworks.com and is incorporated herein by reference. Extreme's Privacy and Cookies Policy is subject to change at Extreme's discretion; however, Extreme policy changes will not result in a material reduction in the level of protection provided for Customer Personal Data provided during the term Your order. 14.2 This Section 14.2 shall apply where Extreme's processing of personal data in connection with this Agreement is subject to Data Protection Law. In the event of a conflict between Section 14.1 and Section 14.2, this Section 14.2 shall apply. You have appointed Extreme to process Personal Data on Your behalf as is necessary to provide the Services and in accordance with such other written instructions as You may issue from time to time. The parties' respective obligations for the processing and control of Customer Personal Data are set out in Annex 1 — Processing of Customer Personal Data, located at t;;,P;/„/Ibii„t,;;,II„y72s3Yll:�fli, which is incorporated herein by reference. 14.3 The Service Specifications applicable to Your order define the administrative, physical, technical and other safeguards applied to Your Content residing in the Services Environment, and describe other aspects of system management applicable to the Services. You are responsible for the introduction of any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content and Your Applications, including any viruses, Trojan horses, worms or other programming routines contained in Your Content or Your Applications that could limit or harm the functionality of a computer or that could damage, intercept or expropriate data. 14.4 You may not provide Extreme access to health, payment card or similarly sensitive personal information that imposes specific data security obligations for the processing of such data unless explicitly agreed between the parties. If available, You may purchase Services from Extreme designed to address particular data protection requirements applicable to Your business or Your Content. Attachment D Page 420 of 471 Page 836 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 15 Miscellaneous 15.1 Notices. Any notices permitted or required under this Agreement will be in writing and will be deemed given when delivered in person, by overnight courier upon written verification of receipt, by confirmed facsimile, or by certified or registered mail, return receipt requested, five (5) days after deposit in the mail. Either party may change its address by giving written notice of such change in the manner provided. Notices to Extreme shall be sent to: Extreme Networks, Inc., 6480 Via del Oro, San Jose, California 95119, Attention: Legal Department, Fax: (408) 579-3000. 15.2 Assignment. This Agreement may not be assigned by Company by operation of law or otherwise without the prior written approval of Extreme. Extreme's rights and obligations, in whole or in part, under this Agreement may be assigned or delegated by Extreme to any affiliated company or subsidiary or in connection with a merger, reorganization, consolidation or sale of all or substantially all of Extreme's assets. This Agreement shall bind and inure to the benefit of the parties and their successors and permitted assigns. 15.3 Waiver; Severability. The waiver by either party of a breach of any provisions contained herein shall be in writing and shall in no way be construed as a waiver of any succeeding breach of such provision or the waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decisions. 15.4 Injunctive Relief. It is expressly agreed that a violation of Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), or 9 ("Ownership of Intellectual Property Rights; License; Non -Disclosure") of this Agreement could cause irreparable harm to Extreme and that a remedy at law could be inadequate. Therefore, in addition to any and all remedies available at law, Extreme will be entitled to seek injunctive relief or other equitable remedies in the event of any threatened or actual violation of any or all of the provisions hereof. 15.5 Controlling Law; Venue. This Agreement shall be governed in all respects exclusively by the laws of the State of California and the United States of America without regard to conflicts of law principles. The United Nations Convention on the International Sale of Goods is hereby expressly excluded from application to this Agreement. All disputes arising under this Agreement shall be brought in Superior Court of the State of California in Santa Clara County or the Federal District Court of San Jose, as permitted by law, and Company consents to personal jurisdiction in such courts. 15.6 Timing of Disputes. All disagreements or controversies of any kind whether claimed in tort, contract or otherwise concerning this Agreement shall be brought within one (1) year after the occurrence of the event giving rise to the disagreement or controversy. 15.7 No Agency. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Attachment D Page 421 of 471 Page 837 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 15.8 Export. Company acknowledges that it must comply with all applicable laws and regulations of the United States that may restrict the export, re-export, or transshipment of certain commodities and technical information, including the Products, the Services and technical information relating thereto, in any medium. Company will obtain and maintain all approvals and licenses, including export licenses, permits and authorizations, from the appropriate governmental authorities as may be required to enable Company to fulfill its obligations under this Agreement and shall comply with all applicable laws, rules, policies and procedures of the United States government. Company acknowledges that, unless prior written authorization is obtained from the relevant authorities in the United States, it will not export, re-export, or transship, directly or indirectly, any Products, Services or technical information relating thereto, in any medium, that would be in contravention to any applicable laws and regulations of the United States then in effect. Company shall indemnify and hold harmless Extreme for any violation or alleged violation by Company of such laws or regulations. Company's obligations pursuant to this Section shall survive and continue after any termination of rights under this Agreement. 15.9 Force Majeure. Neither party will have the right to claim damages if this Agreement is terminated as a result of the other party's failure or delay in performance due to circumstances beyond its reasonable control (except for obligations relating to fees payable under this Agreement), including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, components, raw materials or supplies, war, riot, insurrection, epidemic, natural disasters, governmental action or terrorism. 15.10 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes, and its terms govern, all prior and all contemporaneous proposals, negotiations, commitments, understandings, agreements or other communications between the parties, oral or written, regarding such subject matter, including any prior click through agreements. U Attachment D Page 422 of 471 Page 838 of 1515 Attachment D - Extreme networks Product Warranty, End User Licenent, Etc. EM: EX/boeme- Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 Wednesday, July 25, 2018 Sample Customer Sample Street Address Sample City, State & Zip Re: Extreme Networks, Inc. Property Schedule No. Dear Sample Customer: Enclosed, please find two (2) sets of financing documents for your review and execution. (If these documents were emailed to you, please print out two (2) sets.) Execute both sets and return all of the originals to my attention. The original sets of the executed documents are required prior to funding your transaction. To expedite the return of these documents, please overnight them to me: EXTREME NETWORKS, INC. ATTN: Sample Account Manager 6480 VIA DEL ORO, SAN JOSE, CA 95119 Only the person with Signing Authority, listed on the Lessee's Certificate, should execute the documents. For verification of original documents, please execute in blue ink. Upon closing, Extreme Networks, Inc. will return a fully executed original set for your files. Please Note: All fully executed documents must be returned no later than Expiration Date; otherwise, the transaction is subject to re -pricing. Executed documents required for funding are: 1. Master Tax -Exempt Lease/Purchase Agreement 2. Addendum/Amendment to Master Purchase Agreement 3. Property Schedule No. 4. Property Description and Payment Schedule (Exhibit 1) 5. Lessee's Counsel's Opinion (Exhibit 2) 6. Lessee's Certificate (Exhibit 3) 7. Payment of Proceeds Instructions (Exhibit 4) 8. Acceptance Certificate (Exhibit 5) 9. Bank Qualification Certificate (Exhibit 6) 10. Certificate of Insurance — Required prior to funding. 11. Notification of Tax Treatment with Tax Exemption Certificate or Letter — Required for annual state tax audits. 12. Invoicing Instructions — Required in order to ensure that invoices are directed to the proper area in your organization. 13. Escrow Agreement 14. IRS Form 8038-G or 8038 -CG Please contact either Leasing Manager Name at Leasing Manager Number or me at Account Manager Number with any questions. Sincerely, Sample Account Manager Account Manager Master TELP-Appropriation Attachment D Page 423 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 839 of 1515 Attachmen#.QdMtftFrAt(b'NtydrklffdKseII} Tment, Etc. ❑ Master Tax -Exempt Lease/Purchase Agreement* ❑ Addendum/Amendment to Master Tax -Exempt Lease/Purchase Agreement* ❑ Property Schedule ❑ Property Description and Payment Schedule — Exhibit 1 ❑ Lessee's Counsel's Opinion — Exhibit 2. Exhibit 2 is the standard legal opinion used by Extreme Networks, Inc. This opinion will need to be processed by your attorney on their letterhead. Your attorney will want to review the Lease/Purchase Agreement. ❑ Lessee's Certificate — Exhibit 3. Please fill in the date of the meeting of the governing body, referenced in section 1. We would also like a copy of those minutes or board resolutions for our files. ❑ Payment of Proceeds Instructions — Exhibit 4. This is the Vendor payment information. ❑ Acceptance Certificate — Exhibit 5. The date of Acceptance will need to be filled in with the date the equipment is installed and accepted. ❑ Bank Qualification Certificate — Exhibit 6. One of the two boxes must be checked off. ❑ Request for Certificate of Insurance — Please fill out the form and fax it to your insurance company. The Insurance Certificate is required prior to funding. ❑ Notification of Tax Treatment — Please provide your State of Sales/Use Tax Exemption Certificate ❑ Invoicing Instructions — The information you provide enables us to invoice you correctly. ❑ Escrow Agreement Please keep copies of Exhibit A (Form of Requisition of Costs of Property) and Schedule 1 (Disbursement Schedule). When you are ready to disburse funds from Escrow, you will need to sign and fill in both Exhibit A and Schedule 1. Along with those 2 forms, we will need copies of invoices. Exhibit 5 (Acceptance Certificate) will need to be filled out when the project is complete and it is your final payment request. ❑ IRS Form 8038-G or 8038 -GC The original form will be required for funding, which we will submit to the IRS on your behalf. Or, you may submit the original completed form to the IRS directly. Extreme Networks, Inc. will require a copy of the completed form and proof of filing prior to funding *The items above marked with an asterisk require a signature in the presence of a witness/attestor. The attesting of the signature does not require a notary, but the signature of a person present at the time the document is signed. Master TELP-Appropriation Attachment D Page 424 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 840 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Master Tax -Exempt Lease/Purchase Agreement BETWEEN: Extreme Networks, Inc. (the "Lessor") 6480 Via Del Oro San Jose, CA 95119 AND. Sample Customer (the "Lessee") Sample Street Address Sample City, State & Zip Attention: Sample Customer Telephone: Customer Phone Number DATED: Master Date ARTICLE I 1.01 Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agent" means any agent for the Registered Owners, if any, to which all or a portion of Lessor's right, title and interest in, to and under a Property Schedule and the Property under such Property Schedule may be assigned for the benefit of the Registered Owners of Lease Participation Certificates in such Property Schedule. "Agreement" means this Master Tax -Exempt Lease/Purchase Agreement, including all exhibits and schedules attached hereto. "Commencement Date" is the date when the term of a Property Schedule and Lessee's obligation to pay rent thereunder commences, which date shall be set forth in the Property Schedule. "Event of Nonappropriation" is defined in Section 6.06. "Event of Default" is defined in Section 13.01. "Lease Participation Certificates" means certificates evidencing a right to receive a share of Rental Payments payable under a Property Schedule and Purchase Price Payments payable under a Property Schedule and any other rights set forth herein with respect to the Property under said Property Schedule. "Lease Term" means, with respect to a Property Schedule, the Original Term and all Renewal Terms. The Lease Term for each Property Schedule executed hereunder shall be set forth in such Property Schedule, as provided in Section 4.02. "Lessee" means the entity identified as such in the first paragraph hereof, and its permitted successors and assigns. "Lessor" means the entity identified as such in the first paragraph hereof, and its successors and assigns. "Original Term" means, with respect to a Property Schedule, the period from the Commencement Date until the end of the budget year of Lessee in effect at the Commencement Date. "Property" means, collectively, the property leased/purchased pursuant to this Agreement, and with respect to each Property Schedule, the property described in such Property Schedule, and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article IX. "Property Schedule" means a Property Schedule in the form attached hereto for Property Schedule 1. Subsequent Property Schedules pursuant to this Agreement shall be numbered consecutively, beginning with Property Schedule 2. "Purchase Price" means the amount that Lessee may, in its discretion, pay to Lessor to purchase the Property under a Property Schedule, as provided in Section 11.01 and as set forth in the Property Schedule. "Registered Owners" means the registered owners of Lease Participation Certificates in a Property Schedule as shown on the registration books maintained by the Agent. "Renewal Terms" means the renewal terms of a Property Schedule, each having a duration of one year and a term coextensive with Lessee's budget year. "Rental Payments" means the rental payments payable by Lessee under Article VI of this Agreement and each Property Schedule, as set forth in each Property Schedule. "Rental Payments Dates" means the rental payments dates for the Rental Payments as set forth in each Property Schedule. "State" means the state in which Lessee is situated. "Vendor" means the manufacturer or contractor of the Property as well as the agents or dealers of the manufacturer or contractor from whom Lessor or Lessee purchased or is purchasing all or any portion of the Property. ARTICLE II 2.01 Property Schedules Separate Financings. Each Property Schedule executed and delivered under this Agreement shall be treated as a separate financing, distinct from other Property Schedules. Without limiting the foregoing, upon the occurrence of an Event of Default or an Event of Nona ppropriation with respect to a Property Schedule, Lessor shall have the rights and remedies specified herein with respect to the Property financed and the Rental Payments payable under such Property Schedule, and except as expressly provided in Section 12.02 below, Lessor shall have no rights or remedies with respect to Property financed or Rental Payments payable under any other Property Schedules unless an Event of Default or Event of Nonappropriation has also occurred under such other Property Schedules. EACH PROPERTY SCHEDULE MERGES ALL PRIOR UNDERSTANDINGS AND CONSTITUTES THE FINAL AND COMPLETE AGREEMENT between Lessor and Lessee for the property. Documentation (e.g., orders and invoices) between or among Lessee and any property/equipment vendor, dealer, distributor or manufacturer does not apply to any Property Schedule or to Lessor. ARTICLE III 3.01 Covenants of Lessee. As of the Commencement Date for each Property Schedule executed and delivered hereunder, Lessee shall be deemed to represent, covenant and warrant for the benefit of Lessor, any Agent, and any Registered Owners, as follows: (a) Lessee is a public body corporate and politic duly organized and existing under the constitution and laws of the State with full power and authority to enter into this Agreement and the Property Schedule and the transactions contemplated thereby and to perform all of its obligations thereunder. (b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic. To the extent Lessee should merge with another entity under the laws of the State, Lessee agrees that as a condition to such merger it will require that the remaining or resulting entity shall be assigned Lessee's rights and shall assume Lessee's obligations hereunder. (c) Lessee has been duly authorized to execute and deliver this Agreement and the Property Schedule by proper action by its governing body, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and the Property Schedule, and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the Master TELP-Appropriation Attachment D Page 425 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 841 of 1515 Property Schedule AMt(POUrM�bQitic$XWLr&gswtao"fl"tt rmii jy, FDncbbW4R@gbAw&(?im@4t ate for the Property Schedule, Lessee shall cause to be executed an opinion of counsel in substantially the form attached to the form of the Property Schedule as Exhibit 2. (d) During the Lease Term for the Property Schedule, the Property thereunder will perform and will be used by Lessee only for the purpose of performing essential governmental uses and public functions within the permissible scope of Lessee's authority. (e) Lessee will provide Lessor with current financial statements, budgets and proof of appropriation for the ensuing budget year and other financial information relating to the ability of Lessee to continue this Agreement and the Property Schedule in such form and containing such information as may be requested by Lessor. (f) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including Sections 103 and 148 thereof, and the regulations of the Treasury Department thereunder, from time to time proposed or in effect, in order to maintain the excludability from gross income for federal income tax purposes of the interest component of Rental Payments under the Property Schedule and will not use or permit the use of the Property in such a manner as to cause a Property Schedule to be a "private activity bond" under Section 141(a) of the Code. Lessee covenants and agrees that it will use the proceeds of the Property Schedule as soon as practicable and with all reasonable dispatch for the purpose for which the Property Schedule has been entered into, and that no part of the proceeds of the Property Schedule shall be invested in any securities, obligations or other investments except for the temporary period pending such use nor used, at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated on the date of issuance of the Agreement, would have caused any portion of the Property Schedule to be or become "arbitrage bonds" within the meaning of Section 103(b)(2) or Section 148 of the Code and the regulations of the Treasury Department thereunder proposed or in effect at the time of such use and applicable to obligations issued on the date of issuance of the Property Schedule. (g) The execution, delivery and performance of this Agreement and the Property Schedule and compliance with the provisions hereof and thereof by Lessee does not conflict with or result in a violation or breach or constitute a default under, any resolution, bond, agreement, indenture, mortgage, note, lease or other instrument to which Lessee is a party or by which it is bound by any law or any rule, regulation, order or decree of any court, governmental agency or body having jurisdiction over Lessee or any of its activities or properties resulting in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any property or assets of Lessee or to which it is subject. (h) Lessee's exact legal name is as set forth on the first page of this Agreement. Lessee will not change its legal name in any respect without giving thirty (30) days prior notice to Lessor. ARTICLE IV 4.01 Lease of Property. On the Commencement Date of each Property Schedule executed hereunder, Lessor will be deemed to demise, lease and let to Lessee, and Lessee will be deemed to rent, lease and hire from Lessor, the Property described in such Property Schedule, in accordance with this Agreement and such Property Schedule, for the Lease Term set forth in such Property Schedule. 4.02 Lease Term. The term of each Property Schedule shall commence on the Commencement Date set forth therein and shall terminate upon payment of the final Rental Payment set forth in such Property Schedule and the exercise of the Purchase Option described in Section 11.01, unless terminated sooner pursuant to this Agreement or the Property Schedule. 4.03 Delivery. Installation and Acceptance of Property. Lessee shall order the Property, shall cause the Property to be delivered and installed at the locations specified in the applicable Property Schedule and shall pay all taxes, delivery costs and installation costs, if any, in connection therewith. To the extent funds are deposited under an escrow agreement or trust agreement for the acquisition of the Property, such funds shall be disbursed as provided therein. When the Property described in such Property Schedule is delivered, installed and accepted as to Lessee's specifications, Lessee shall immediately accept the Property and evidence said acceptance by executing and delivering to Lessor the Acceptance Certificate substantially in the form attached to the Property Schedule. ARTICLE V 5.01 Eniovment of Property. Lessee shall during the Lease Term peaceably and quietly have, hold and enjoy the Property, without suit, trouble or hindrance from Lessor, except as expressly set forth in this Agreement. No Registered Owner shall interfere with such quiet use and enjoyment during the Lease Term so long as Lessee is not in default under the subject Property Schedule. 5.02 Location: Inspection. The Property will be initially located or based at the location specified in the applicable Property Schedule. Lessor shall have the right at all reasonable times during business hours to enter into and upon the property of Lessee for the purpose of inspecting the Property. ARTICLE VI 6.01 Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional, statutory or charter limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the faith and credit or taxing power of Lessee. Upon the appropriation of Rental Payments for a fiscal year, the Rental Payments for said fiscal year, and only the Rental Payments for said current fiscal year, shall be a binding obligation of Lessee; provided that such obligation shall not include a pledge of the taxing power of Lessee. 6.02 Payment of Rental Payments. Lessee shall promptly pay Rental Payments under each Property Schedule, exclusively from legally available funds, in lawful money of the United States of America, to Lessor in such amounts and on such dates as described in the applicable Property Schedule, at Lessors address set forth on the first page of this Agreement, unless Lessor instructs Lessee otherwise. Lessee shall pay Lessor a charge on any delinquent Rental Payments under a Property Schedule in an amount sufficient to cover all additional costs and expenses incurred by Lessor and Agent from such delinquent Rental Payment. In addition, Lessee shall pay a late charge of five cents per dollar or the highest amount permitted by applicable law, whichever is lower, on all delinquent Rental Payments. 6.03 Interest Component. A portion of each Rental Payment due under each Property Schedule is paid as, and represents payment of, interest, and each Property Schedule hereunder shall set forth the interest component (or method of computation thereof) of each Rental Payment thereunder during the Lease Term. 6.04 Rental Payments to be Unconditional. SUBJECT TO SECTION 6.06, THE OBLIGATIONS OF LESSEE TO PAY THE RENTAL PAYMENTS DUE UNDER THE PROPERTY SCHEDULES AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED HEREIN SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ANY DEFECTS, MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES. THIS PROVISION SHALL NOT LIMIT LESSEE'S RIGHTS OR ACTIONS AGAINST ANY VENDOR AS PROVIDED IN SECTION 10.02. 6.05 Continuation of Lease by Lessee. Lessee intends to continue all Property Schedules entered into pursuant to this Agreement and to pay the Rental Payments thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the term of all Property Schedules can be obtained. Lessee agrees that its staff will provide during the budgeting process for each budget year to the governing body of Lessee notification of any Rental Payments due under the Property Schedules during the following budget year. Notwithstanding this covenant, if Lessee fails to appropriate the Rental Payments for a Property Schedule pursuant to Section 6.06, such Property Schedule shall terminate. Although Lessee has made this covenant, in the event that it fails to provide such notice, no remedy is provided and Lessee shall not be liable for any damages for its failure to so comply. 6.06 Non -Appropriation. If sufficient funds are not appropriated to make Rental Payments required under a Property Schedule, such Property Schedule shall terminate and Lessee shall not be obligated to make Rental Payments under said Property Schedule beyond the then current fiscal year for which funds have been appropriated. Upon the occurrence of such nonappropriation (an "Event of Nonappropriation") Lessee shall, no later than the end of the fiscal year for which Rental Payments have been appropriated, deliver possession of the Property under said Property Schedule to Lessor. If Lessee fails to deliver possession of the Property to Lessor upon termination of said Property Schedule by reason of an Event of Nona ppropriation, the termination shall nevertheless be effective but Lessee shall be responsible for the payment of damages in an amount equal to the portion of Rental Payments thereafter coming due that is attributable to the number of days after the termination during which the Lessee fails to deliver possession and for any other loss suffered by Lessor as a result of Lessee's failure to deliver possession as required. In addition, Lessor may, by written instructions to the Agent or to any other escrow agent who is holding proceeds of the Property Schedule, instruct the Agent or such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to Lessee's obligations under the Property Schedule and this Agreement. Lessee shall notify Lessor Master TELP-Appropriation Attachment D Page 426 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 842 of 1515 in writing within seven (7) days after#U0M1IB9 # Re failure to provide such notice shall not operate to extend the Lease Term or result in any liability to Lessee. 6.07 Defeasance of Rental Payments. Lessee may at any time irrevocably deposit in escrow with a defeasance escrow agent for the purpose of paying all of the principal component and interest component accruing under a Property Schedule, a sum of cash and non -callable securities consisting of direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America or any agency or instrumentality thereof, in such aggregate amount, bearing interest at such rates and maturing on such dates as shall be required to provide funds sufficient for this purpose. Upon such defeasance, all right, title and interest of Lessor in the Property under said Property Schedule shall terminate. Lessee shall cause such investment to comply with the requirements of federal tax law so that the exclusion from gross income of the interest component of Rental Payments on said Property Schedule is not adversely affected. ARTICLE VII 7.01 Title to the Property. Upon acceptance of the Property by Lessee and unless otherwise required by the laws of the State, title to the Property shall vest in Lessee, subject to Lessor's interests under the applicable Property Schedule and this Agreement. 7.02 Personal Property. The Property is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Property or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Property from any party having an interest in any such real estate or building. 7.03 Security Interest. To secure the performance of all of Lessee's obligations under this Agreement, including without limitation all Property Schedules now existing or hereafter executed, Lessee grants to Lessor, for the benefit of Lessor and its successors and assigns, a security interest constituting a first lien on Lessee's interest in all of the Property, whether now owned or hereafter acquired, all additions, attachments, alterations and accessions to the Property, all substitutions and replacements for the Property, and on any proceeds of any of the foregoing, including insurance proceeds. Lessee shall execute any additional documents, including financing statements, affidavits, notices and similar instruments, in form and substance satisfactory to Lessor, which Lessor deems necessary or appropriate to establish, maintain and perfect a security interest in the Property in favor of Lessor and its successors and assigns. Lessee hereby authorizes Lessor to file all financing statements which Lessor deems necessary or appropriate to establish, maintain and perfect such security interest. 7.04 Substitution. Lessee may substitute for all or any portion of the Property under a Property Schedule personal property of approximately equal or greater market value and with an equal or greater useful life. In the event of any such substitution, Lessee shall deliver to Lessor a certification that the personal property proposed to be substituted has approximately equal or greater market value and an equal or greater useful life as the portion of the Property being substituted for, together with an opinion of counsel acceptable to Lessor to the effect that the proposed substitution will not adversely affect the exemption of the interest components of Rental Payments under the Property Schedule from federal income taxation. Lessee shall be responsible for all costs and expenses of Lessor, including counsel fees, for any such substitution. Lessee shall cause all financing statements, fixture filings, certificates of title, affidavits, notices and similar instruments, to be made or filed in a timely manner to secure and perfect the security interest of Lessor in the substituted property. ARTICLE VIII 8.01 Maintenance of Property by Lessee. Lessee shall keep and maintain the Property in good condition and working order and in compliance with the manufacturer's specifications, shall use, operate and maintain the Property in conformity with all laws and regulations concerning the Property's ownership, possession, use and maintenance, and shall keep the Property free and clear of all liens and claims, other than those created by this Agreement. Lessee shall have sole responsibility to maintain and repair the Property. Should Lessee fail to maintain, preserve and keep the Property in good repair and working order and in accordance with manufacturer's specifications, and if requested by Lessor, Lessee will enter into maintenance contracts for the Property in form approved by Lessor and with approved providers. 8.02 Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Property free of all levies, liens and encumbrances, except for the interest of Lessor under this Agreement. The parties to this Agreement contemplate that the Property will be used for a governmental or proprietary purpose of Lessee and, therefore, that the Property will be exempt from all property taxes. The Rental Payments payable by Lessee under this Agreement and the Property Schedules hereunder have been established to reflect the savings resulting from this exemption from taxation. Lessee will take such actions necessary under applicable law to obtain said exemption. Nevertheless, if the use, possession or acquisition of the Property is determined to be subject to taxation or later becomes subject to such taxes, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to the Property. Lessee shall pay all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Property. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the then current fiscal year of the Lease Term for such Property. 8.03 Insurance. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Property against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount equal to at least the outstanding principal component of Rental Payments, and (b) liability insurance that protects Lessor from liability in all events in an amount reasonably acceptable to Lessor, and (c) workers compensation insurance covering all employees working on, in, near or about the Property; provided that Lessee may self -insure against all such risks. All insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement. All such insurance shall be with insurers that are authorized to issue such insurance in the State. All such liability insurance shall name Lessor as an additional insured. All such casualty insurance shall contain a provision making any losses payable to Lessor and Lessee as their respective interests may appear. All such insurance shall contain a provision to the effect that such insurance shall not be canceled or modified without first giving written notice thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or modification. Such changes shall not become effective without Lessor's prior written consent. Lessee shall furnish to Lessor, on or before the Commencement Date for each Property Schedule, and thereafter at Lessor's request, certificates evidencing such coverage, or, if Lessee self -insures, a written description of its self-insurance program together with a certification from Lessee's risk manager or insurance agent or consultant to the effect that Lessee's self-insurance program provides adequate coverage against the risks listed above. 8.04 Advances. In the event Lessee shall fail to either maintain the insurance required by this Agreement or keep the Property in good repair and working order, Lessor may, but shall be under no obligation to, purchase the required insurance and pay the cost of the premiums thereof or maintain and repair the Property and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the Lease Term for the Property Schedule for which the Property is under and shall be due and payable on the next Rental Payment Date and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the date such amounts are advanced until paid at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. ARTICLE IX 9.01 Damage or Destruction. If (a) the Property under a Property Schedule or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty, or (b) title to, or the temporary use of, the Property under a Property Schedule or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, Lessor and Lessee will cause the Net Proceeds (as hereinafter defined) of any insurance claim, condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Property, unless Lessee shall have exercised its right to defease the Property Schedule as provided herein, or unless Lessee shall have exercised its option to purchase Lessors interest in the Property if the Property Schedule so provides. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee. For purposes of Section 14.02(b) and this Article IX, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim, condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof. 9.02 Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 9.01, Lessee shall (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds and, if Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Section 6.02, or (b) defease the Property Schedule pursuant to Section 6.07, or (c) exercise its option to purchase Lessor's interest in the Property pursuant to the optional purchase provisions of the Property Schedule, if any. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after such defeasance or purchase may be retained by Lessee. Master TELP-Appropriation Attachment D Page 427 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 843 of 1515 Attachment D - Extreme networks ProcAi@tftFr?knty, End User License Agreement, Etc. 10.01 Disclaimer of Warranties. LESSOR MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE ANY) WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN, THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE STATE OF TITLE THERETO OR ANY COMPONENT THEREOF, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND LESSOR HEREBY DISCLAIMS THE SAME; IT BEING UNDERSTOOD THAT THE PROPERTY IS LEASED TO LESSEE "AS IS" ON THE DATE OF THIS AGREEMENT OR THE DATE OF DELIVERY, WHICHEVER IS LATER, AND ALL SUCH RISKS, IF ANY, ARE TO BE BORNE BY LESSEE. Lessee acknowledges that it has made (or will make) the selection of the Property from the Vendor based on its own judgment and expressly disclaims any reliance upon any statements or representations made by Lessor. Lessee understands and agrees that (a) neither the Vendor nor any sales representative or other agent of Vendor, is (i) an agent of Lessor, or (ii) authorized to make or alter any term or condition of this Agreement, and (b) no such waiver or alteration shall vary the terms of this Agreement unless expressly set forth herein. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, the Property Schedules, or the existence, furnishing, functioning or use of any item, product or service provided for in this Agreement or the Property Schedules. 10.02 Vendor's Warranties. Lessor hereby irrevocably assigns to Lessee all rights that Lessor may have to assert from time to time whatever claims and rights (including without limitation warranties) related to the Property against the Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against the Vendor of the Property, and not against Lessor, nor shall such matter have any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement, including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties of the Vendor of the Property. 10.03 Use of the Property. Lessee will not install, use, operate or maintain the Property improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement and the applicable Property Schedule. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Property. In addition, Lessee agrees to comply in all respects with all laws of the jurisdiction in which its operations involving any item of Property may extend and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over the items of the Property; provided that Lessee may contest in good faith the validity or application of any such law or rule in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to the Property or its interest or rights under this Agreement. Lessee shall promptly notify Lessor in writing of any pending or threatened investigation, inquiry, claim or action by any governmental authority which could adversely affect this Agreement, any Property Schedule or the Property thereunder. 10.04 Modifications. Subject to the provisions of this Section, Lessee shall have the right, at its own expense, to make alterations, additions, modifications or improvements to the Property. All such alterations, additions, modifications and improvements shall thereafter comprise part of the Property and shall be subject to the provisions of this Agreement. Such alterations, additions, modifications and improvements shall not in any way damage the Property, substantially alter its nature or cause it to be used for purposes other than those authorized under the provisions of state and federal law; and the Property, on completion of any alterations, additions, modifications or improvements made pursuant to this Section, shall be of a value which is equal to or greater than the value of the Property immediately prior to the making of such alterations, additions, modifications and improvements. Lessee shall, at its own expense, make such alterations, additions, modifications and improvements to the Property as may be required from time to time by applicable law or by any governmental authority. ARTICLE XI 11.01 Option to Purchase. Lessee shall have the option to purchase Lessors entire interest in all of the Property subject to a Property Schedule and to terminate any restrictions herein on the Property under such Property Schedule on the last day of the Lease Term for a Property Schedule, if the Property Schedule is still in effect on such day, upon payment in full of the Rental Payments due thereunder plus payment of One (1) Dollar to Lessor. Lessee shall give written notice to Lessor of its intent to purchase Lessor's interest in the Property at least sixty (60) days prior to the last day of the Lease Term for applicable Property Schedule. Upon exercise of the purchase option as set forth in this Section 11.01 and payment of the purchase price under the applicable Property Schedule, and performance by Lessee of all other terms, conditions and provisions hereof, Lessor shall deliver to Lessee all such documents and instruments as Lessee may reasonably require to evidence the transfer, without warranty by or recourse to Lessor, of all of Lessor's right, title and interest in and to the Property subject to such Property Schedule to Lessee. 11.02 Option to Prepay. Lessee shall have the option to prepay the Rental Payments due under a Property Schedule, but only if the Property Schedule so provides, and on the terms set forth in the Property Schedule. ARTICLE XII 12.01 Assignment by Lessor. Lessor's right, title and interest in, to and under each Property Schedule and the Property under such Property Schedule may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor and, to the extent of their interest, by any Registered Owner, without the necessity of obtaining the consent of Lessee; provided that (i) any assignment, other than an assignment to or by a Registered Owner, shall not be effective until Lessee has received written notice, signed by the assignor, of the name, address and tax identification number of the assignee, and (ii) any assignment to or by a Registered Owner shall not be effective until it is registered on the registration books kept by the Agent. Lessee shall retain all such notices as a register of all assignees (other than Registered Owners) and shall make all payments to the assignee or assignees designated in such register or, in the case of Registered Owners, to the Agent. In the event that Lessor's interest in a Property Schedule and the Property thereunder is assigned to the Agent, Lease Participation Certificates in that Property Schedule may be executed and delivered by the Agent to Registered Owners. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements that may be reasonably requested by Lessor or any assignee to protect its interests in this Agreement and the Property Schedules. 12.02 Property Schedules Separate Financings. Assignees of the Lessors rights in one Property Schedule shall have no rights in any other Property Schedule unless such rights have been separately assigned. Lessor may collectively assign two or more Property Schedules with the same Commencement Date to the Agent for the purpose of causing the execution and delivery of Lease Participation Certificates in the Property Schedules with the same Commencement Date. Such assignment shall occur on such Commencement Date and upon such assignment all Property Schedules so assigned shall be treated as a single financing and a single Property Schedule with respect to rights and remedies upon the occurrence of an Event of Default or an Event of Nonappropriation under this Agreement. Registered Owners rights with respect to the Property Schedules shall be determined as provided in the escrow agreement or trust agreement relating to such Lease Participation Certificates. 12.03 Assignment and Subleasing by Lessee. NONE OF LESSEE'S RIGHT, TITLE AND INTEREST IN, TO AND UNDER THIS AGREEMENT AND IN THE PROPERTY MAY BE ASSIGNED, SUBLEASED OR ENCUMBERED BY LESSEE FOR ANY REASON, WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR. 12.04 Release and Indemnification Covenants. To the extent permitted by applicable law, Lessee shall indemnify, protect, hold harmless, save and keep harmless Lessor from and against any and all liability, obligation, loss, claim and damage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest (collectively, "Losses") arising out of or resulting from the entering into this Agreement, any Property Schedules hereunder, the ownership of any item of the Property, the loss of federal tax exemption of the interest on any of the Property Schedules, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Property or any accident in connection with the operation, use, condition, possession, storage or return of any item of the Property resulting in damage to property or injury to or death to any person; provided, however, that Lessee shall not be required to indemnify Lessor for Losses arising out of or resulting from Lessors own willful or negligent conduct, or for Losses arising out of or resulting from Lessor's preparation of disclosure material relating to Lease Participation Certificates (other than disclosure material provided to Lessor by Lessee). The indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement, or the applicable Property Schedule, or the termination of the Lease Term for such Property Schedule for any reason. ARTICLE XIII 13.01 Events of Default Defined. Any of the following shall constitute an "Event of Default" under a Property Schedule: (a) Failure by Lessee to pay any Rental Payment under the Property Schedule or other payment required to be paid with respect thereto at the time specified therein; (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed with respect to the Property Schedule, other than as referred to in subparagraph (a) above, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the Master TELP-Appropriation Attachment D Page 428 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 844 of 1515 failure stated in the MJWA1Mnbae WQ999&"EWffaftW, iFt6onsent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to the Property Schedule or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; (d) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (e) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 60 consecutive days. The foregoing provisions of Section 13.01 are subject to the following limitation: if by reason of force maieure Lessee is unable in whole or in part to perform its agreements under this Agreement and the Property Schedule (other than the obligations on the part of Lessee contained in Article VI hereof) Lessee shall not be in default during the continuance of such inability. The term "force maieure" as used herein shall mean the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States or of the State or any of their departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Lessee. 13.02 Remedies on Default. Whenever any Event of Default exists with respect to a Property Schedule, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) Without terminating the Property Schedule, and by written notice to Lessee, Lessor may declare all Rental Payments and other amounts payable by Lessee thereunder to the end of the then -current budget year of Lessee to be due, including without limitation delinquent Rental Payments under the Property Schedule from prior budget years, and such amounts shall thereafter bear interest at the rate of 12% per annum or the maximum rate permitted by applicable law, whichever is less; (b) Lessor may terminate the Property Schedule, may enter the premises where the Property subject to the Property Schedule is located and retake possession of the Property, or require Lessee, at Lessee's expense, to promptly return any or all of the Property to the possession of Lessor at such place within the United States as Lessor shall specify, and Lessor may thereafter dispose of the Property in accordance with Article 9 of the Uniform Commercial Code in effect in the State; provided, however, that any proceeds from the disposition of the property in excess of the sum required to (i) defease the Property Schedule pursuant to Section 6.07, (ii) pay any other amounts then due under the Property Schedule, and (iii) pay Lessors costs and expenses associated with the disposition of the Property (including attorneys fees), shall be paid to Lessee or such other creditor of Lessee as may be entitled thereto; (c) By written notice to the Agent, if any, Lessor may instruct the Agent to apply all sums held by the Agent in any accounts relating to the Property Schedule under the applicable escrow or trust agreement as provided in the applicable escrow or trust agreement. (d) By written notice to any escrow agent (other than the Agent) who is holding proceeds of the Property Schedule, Lessor may instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to payment of Lessee's obligations under the Property Schedule; (e) Lessor may take any action, at law or in equity, that is permitted by applicable law and that may appear necessary or desirable to enforce or to protect any of its rights under the Property Schedule and this Agreement. 13.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice, other than such notice as may be required in this Article. 13.04 Costs and Attorney Fees. Upon the occurrence of an Event of Default by Lessee in the performance of any term of this Agreement, Lessee agrees to pay to Lessor or reimburse Lessor for, in addition to all other amounts due hereunder, all of Lessor's costs of collection, including reasonable attorney fees, whether or not suit or action is filed thereon. Any such costs shall be immediately due and payable upon written notice and demand given to Lessee, shall be secured by this Agreement until paid and shall bear interest at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. In the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees at trial or on appeal of such suit or action or in any bankruptcy proceeding, in addition to all other sums provided by law. ARTICLE XIV 14.01 Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified mail, postage prepaid, to the parties hereto at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party), to any assignee (other than a Registered Owner) at its address as it appears on the registration books maintained by Lessee and to any Registered Owner at its address as it appears on the registration books maintained by the Agent. 14.02 Certification as to Arbitrage. Unless a separate Certificate as to Arbitrage is delivered on the Commencement Date, Lessee shall be deemed to make the following representations and covenants as of the Commencement Date for each Property Schedule: (a) The estimated total costs, including taxes, freight, installation, cost of issuance, of the Property under the Property Schedule will not be less than the total principal amount of the Rental Payments. (b) The Property under the Property Schedule has been ordered or is expected to be ordered within six months and the Property is expected to be delivered and installed, and the Vendor fully paid, within one year from the Commencement Date. Lessee will pursue the completion of the Property and the expenditure of the net proceeds of the Property Schedule with due diligence. (c) Lessee has not created or established, and does not expect to create or establish, any sinking fund or other similar fund (i) that is reasonably expected to be used to pay the Rental Payments under the Property Schedule, or (ii) that may be used solely to prevent a default in the payment of the Rental Payments under the Property Schedule. (d) The Property under the Property Schedule has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in major part, prior to the last maturity of the Rental Payments under the Property Schedule. (e) There are no other obligations of Lessee which (i) are being sold within 15 days of the Commencement Date of the Property Schedule; (ii) are being sold pursuant to the same plan of financing as the Property Schedule; and (iii) are expected to be paid from substantially the same source of funds. (f) The officer or official who has executed the Property Schedule on Lessee's behalf is familiar with Lessee's expectations regarding the use and expenditure of the proceeds of the Property Schedule. To the best of Lessee's knowledge, information and belief, the facts and estimates set forth herein are accurate and the expectations of Lessee set forth herein are reasonable. 14.03 Further Assurances. Lessee agrees to execute such other and further documents, including, without limitation, confirmatory financing statements, continuation statements, certificates of title and the like, and to take all such action as may be necessary or appropriate, from time to time, in the reasonable opinion of Lessor, to perfect, confirm, establish, reestablish, continue, or complete the interests of Lessor in this Agreement and the Property Schedules, to consummate the transactions contemplated hereby and thereby, and to carry out the purposes and intentions of this Agreement and the Property Schedules. 14.04 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns Master TELP-Appropriation Attachment D Page 429 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 845 of 1515 14.05 Severability. In the jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 14.06 Waiver of Jury Trials. UNLESS PROHIBITED BY LAW, LESSEE AND LESSOR HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF LESSOR OR LESSEE IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF. 14.07 Amendments, Changes and Modifications. This Agreement may be amended in writing by Lessor and Lessee to the extent the amendment or modification does not apply to outstanding Property Schedules at the time of such amendment or modification. The consent of the applicable assignee or Agent, if any, shall be required to any amendment or modification before such amendment or modification shall be applicable to any outstanding Property Schedule. 14.08 Execution in Counterparts. This Agreement and the Property Schedules hereunder may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 14.09 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State. 14.10 Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written. Lessor: Extreme Networks, Inc. By: Name: Title: I Lessee: Sample Customer I Name Title: Attest Name: Title: Master TELP-Appropriation Attachment D Page 430 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 846 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Property Schedule No. Master Tax -Exempt Lease/Purchase Agreement This Property Schedule No. is entered into as of the Commencement Date set forth below, pursuant to that certain Master Tax - Exempt Lease/Purchase Agreement (the "Master Agreement"), dated as of Master Date, between Extreme Networks, Inc., and Sample Customer. 1. Interpretation. The terms and conditions of the Master Agreement are incorporated herein by reference as if fully set forth herein. Reference is made to the Master Agreement for all representations, covenants and warranties made by Lessee in the execution of this Property Schedule, unless specifically set forth herein. In the event of a conflict between the provisions of the Master Agreement and the provisions of this Property Schedule, the provisions of this Property Schedule shall control. All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement. 2. Commencement Date. The Commencement Date forthis Property Schedule is Start Date. 3. Property Description and Payment Schedule. The Property subject to this Property Schedule is described in Exhibit A hereto. Lessee shall not remove such property from the locations set forth therein without giving prior written notice to Lessor. The Rental Payment Schedule for this Property Schedule is set forth in Exhibit 1. 4. Opinion. The Opinion of Lessee's Counsel is attached as Exhibit 2. 5. Lessee's Certificate. The Lessee's Certificate is attached as Exhibit 3. 6. Payment of Proceeds. Lessor shall disburse the proceeds of this Property Schedule in accordance with the instructions attached hereto as Exhibit 4. 7. Acceptance Certificate. The form of Acceptance Certificate is attached as Exhibit 5. 8. Additional Purchase Option Provisions. In addition to the Purchase Option provisions set forth in the Master Agreement, Rental Payments payable under this Property Schedule shall be subject to prepayment as follows: See termination amount in Exhibit 1 (Payment Schedule), subject to per diem adjustment. 9. Bank Qualification Certificate. Attached as Exhibit 6. One of the two boxes must be checked off. 10. Expiration. Lessor, at its sole determination, may choose not to accept this Property Schedule if the fully executed, original Agreement (including this Property Schedule and all ancillary documents) are not received by Lessor at its place of business by Expiration Date. 11. Effective Interest Rate. %. IN WITNESS WHEREOF, Lessor and Lessee have caused this Property Schedule to be executed in their names by their duly authorized representatives as of the Commencement Date above. Lessor: Extreme Networks. Inc. Name: Title: Lessee: Sample Customer By: Name: Title: Attest Name: Title: Master TELP-Appropriation Attachment D Page 431 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 847 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 1 Property Description and Payment Schedule Re: Property Schedule No. , dated Start Date, to Master Tax -Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. The Property is as follows: The Property as more fully described in Exhibit A incorporated herein by reference and attached hereto. EQUIPMENT LOCATION: Sample Street Address, Sample City, State & Zip USE: test - This use is essential to the proper, efficient and economic functioning of Lessee or to the services that Lessee provides; and Lessee has immediate need for and expects to make immediate use of substantially all of the Property, which need is not temporary or expected to diminish in the foreseeable future. Rental Payment Schedule If the Due Dates are not defined in this Rental Payment Schedule, they shall be defined as the day of each monthly period of this Rental Payment Schedule commencing with the Acceptance Date. Total Principal Amount: $100,000.00. Rental Payment No. Due Date Payment Principal Interest Termination Amount Lessee: Sample Customer B: Name: Title: Master TELP-Appropriation Attachment D Page 432 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 848 of 1515 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 849 of 1515 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 850 of 1515 8. As of the Q hff6l6(9F,- BhtgffMlgaM InriE� fH Vgff&MwAWg�ff6r i W&ffaWEd �EMed sufficient, no litigation is pending, (or, to our knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Transaction Documents or of other agreements similar thereto; (b) questioning the authority of Lessee to execute the Transaction Documents, or the validity of the Transaction Documents, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Transaction Documents; or (d) affecting the provisions made for the payment of or security for the Transaction Documents. 9. The Lessee is a political subdivision within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended, and the related regulations and rulings thereunder, and the portion of payments identified as the interest component of the rents (as set forth in the payment schedule attached to the Property Schedule) will not be includable in Federal gross income of the recipient under the statutes, regulations, court decisions and rulings existing on the date hereof and consequently will be exempt from Federal income taxes. This opinion may be relied upon by Lessor, its successors and assigns, and any other legal counsel who provides an opinion with respect to the Property Schedule. Very truly yours, By: DO NOT SIGN THIS FORM — MUST BE ON LETTERHEAD OF LESSEE'S COUNSEL Dated Master TELP-Appropriation Attachment D Page 435 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 851 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 3 Lessee's Certificate Re: Property Schedule No. , dated Start Date, to Master Tax -Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. The undersigned attestor, being the duly elected, qualified and acting of the Sample Customer ("Lessee") does hereby certify, as of Start Date, as follows: 1. Lessee did, at a meeting of the governing body of the Lessee held on , by resolution or ordinance duly enacted, in accordance with all requirements of law, approve and authorize the execution and delivery of the above -referenced Property Schedule (the "Property Schedule") and the Master Tax -Exempt Lease/Purchase Agreement (the "Master Agreement") by the following named representative of Lessee, to wit: NAME OF EXECUTING OFFICIAL (Official(s) who signed the documents.) TITLE OF EXECUTING OFFICIAL SIGNATURE OF EXECUTING OFFICIAL And/ Or 2. The above-named representative of the Lessee held at the time of such authorization and holds at the present time the office set forth above. 3. The meeting(s) of the governing body of the Lessee at which the Master Agreement and the Property Schedule were approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, and the enactment approving the Master Agreement and the Property Schedule and authorizing the execution thereof has not been altered or rescinded. All meetings of the governing body of Lessee relating to the authorization and delivery of Master Agreement and the Property Schedule have been: (a) held within the geographic boundaries of the Lessee; (b) open to the public, allowing all people to attend; (c) conducted in accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the Lessee, if any, and the laws of the State. 4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default or an Event of Nona ppropriation (as such terms are defined in the Master Agreement) exists at the date hereof with respect to this Property Schedule or any other Property Schedules under the Master Agreement. 5. The acquisition of all of the Property under the Property Schedule has been duly authorized by the governing body of Lessee. 6. Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Rental Payments scheduled to come due during the current budget year under the Property Schedule and to meet its other obligations for the current budget year and such funds have not been expended for other purposes. 7. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Master Agreement and the Property Schedule; or (d) affecting the provisions made for the payment of or security for the Master Agreement and the Property Schedule. Sample Customer Attest By: Title: SOMEONE OTHER THAN THE EXECUTING OFFICIAL(S) SHOWN ABOVE MUST SIGN HERE. Master TELP-Appropriation Attachment D Page 436 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 852 Of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 4 Payment of Proceeds Instructions Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 Re: Property Schedule No. , dated Start Date (the "Property Schedule") to Master Tax -Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. ("Lessor) and Sample Customer ("Lessee"). Ladies and Gentlemen: The undersigned, an Authorized Representative of the Lessee hereby requests and authorizes Lessor to disburse the net proceeds of the Property Schedule as follows: Name of Payee: By check If by check, Payee's address: If by wire transfer. oav to: Bank Name: Bank Address: Bank City, State, Zip: Bank Phone: For Account of: Account No.: ABA No.: Sample Customer By: Name: Title: By wire transfer Master TELP-Appropriation Attachment D Page 437 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 853 of 1515 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 854 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 6 Bank Qualification Certificate Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 Re: Property Schedule No. , dated Start Date, to Master Tax -Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. Bank Qualified Tax -Exempt Obligation ❑ (Check box for Bank Qualified designation) Lessee hereby designates this Property Schedule as a "qualified tax-exempt obligation" as defined in Section 265(b)(3)(B) of the Code. Lessee reasonably anticipates issuing tax-exempt obligations (excluding private activity bonds other than qualified 501(c)(3) bonds and including all tax-exempt obligations of subordinate entities of the Lessee) during the calendar year in which the Commencement Date of this Property Schedule falls, in an amount not exceeding $10,000,000.00. Non -Bank Qualified Tax -Exempt Obligation ❑ (Check box for Non -Bank Qualified designation) Lessee reasonably anticipates issuing more than $10,000,000.00 in tax-exempt obligations in the calendar year of the Commencement Date as defined in the Property Schedule. "Note: ONE of the boxes above MUST be checked. Lessee: Sample Customer By: Name: Title: Master TELP-Appropriation Attachment D Page 439 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 855 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. "Please fill out this form and fax it to your insurance company" Request for Certificate of Insurance TO: Insurance Carrier: (Name) (Address) (Address) (Contact Name) (Contact Phone) (Contact Fax) _ FROM: Customer/Lessee: Sample Customer Sample Street Address Sample City, State & Zip Contact Name: Sample Contact Name Contact Phone: Sample Phone Number Sample Customer is in the process of financing test with Extreme Networks, Inc. Sample Customer requests that Extreme Networks, Inc. be listed as "Extreme Networks, Inc., their successors and assigns" and that it be named ADDITIONAL INSURED as to liability coverage and LOSS PAYEE as to property coverage. A copy of said certificate should be forwarded to Extreme Networks, Inc. as described below. NOTE: Coverage is to include: (1) insurance against all risks of physical loss or damage to the Equipment; (2) commercial general liability insurance (including blanket contractual liability coverage and products liability coverage) for personal and bodily injury and property damage of not less than $1,000,000; and (3) if applicable, automobile liability coverage of not less than $3,000,000. Extreme Networks, Inc. is to receive 30 days prior written notice of cancellation or material change in coverage. Qualifying language such as "endeavor to provide"; "but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representative" or the like will NOT be accepted and will delay funding. ❑ 1. Please EMAIL or FAX this completed information to: Extreme Networks, Inc. Sample Account Manager, Account Manager Phone Number: Account Manager Number Email: Account Manager Email Fax: (800) 746-2436 ❑ 2. Please MAIL a Certificate of Insurance to: Extreme Networks, Inc. Attn: Collateral Services 6480 Via Del Oro San Jose, CA 95119 ❑ 3. Please CONTACT the Account Manager: ✓ When sending this Certificate. ✓ If this cannot be completed today. ✓ If you have any questions. Master TELP-Appropriation Attachment D Page 440 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 856 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Notification of Tax Treatment Extreme Networks, Inc. is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located. In the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences, you will be charged sales/use tax. Personal property tax returns will be filed as required by local law. In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us, please notify us as soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly. Please indicate below if you feel that your lease is subject to tax or whether a valid exemption exists. I agree that my lease is subject to sales/use tax. I am exempt from sales/use tax and I have attached a completed exemption certificate to Extreme Networks, Inc. I have previously provided a completed exemption certificate to Extreme Networks, Inc. which is valid for this transaction. I am exempt from state tax but subject to local tax. I have attached a completed exemption certificate. I have a valid abatement or property tax exemption (documentation attached). If applicable to the tax rates in your state, are you outside the city limits or in an unincorporated area? Additional comments: Lessee: Sample Customer By: Name: Title: Master TELP-Appropriation Attachment D Page 441 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 857 of 1515 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 858 of 1515 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 859 of 1515 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 860 of 1515 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 861 of 1515 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 862 of 1515 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 863 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: third party claim that any Extreme Technology furnished hereunder, alone and not in combination with any other Extreme Technology, constitutes a direct infringement of any United States or European Union patent, copyright or trade secret issued or in effect as of the Effective Date, provided that Purchaser: (i) promptly notifies Extreme in writing of any such suit or proceeding; (ii) provides Extreme sole control over the defense or settlement of such suit or proceeding; and (iii) provides reasonable information and assistance in the defense and/or settlement any such claim or action. Extreme will not be responsible for any costs, expenses or compromises incurred or made by Purchaser without Extreme's prior written consent. If the use of any Extreme Technology is permanently enjoined, or Extreme determines at its sole discretion that it may be enjoined, then Extreme may, at its sole discretion and expense: (i) procure for Purchaser the right to continue using Extreme Technology; (ii) replace Extreme Technology with a non -infringing Extreme Technology; (iii) modify Extreme Technology so that it becomes non -infringing; or (iv) accept return of Extreme Technology and credit Purchaser the sum paid to Extreme by Purchaser for the infringing Extreme Technology less depreciation calculated on a forty-eight (48) month life. 8.2. Exceptions. Extreme will not be obligated to defend or be liable for any expenses, damages, costs or losses resulting from any suit or proceeding based upon a claim arising from (a) Extreme's compliance with Purchaser's designs, specifications or instructions; (b) modification of Extreme Technology by a party other than Extreme; (c) the combination of Extreme Technology or part thereof with any other Extreme Technology; (d) the direct or contributory infringement of any process patent using any Extreme Technology furnished hereunder; (e) Purchaser's violation of a trade secret pursuant to the confidentiality obligations of the Non -Disclosure Agreement entered into by the parties; (f) Purchaser's use of any Extreme mark or any mark confusingly similar thereto, to identify anything other than Extreme Technology or services; or (g) use of the Extreme Technology or any revenue derived therefrom. DISCLAIMER. THE FOREGOING STATES THE ENTIRE LIABILITY AND OBLIGATIONS OF EXTREME AND THE EXCLUSIVE REMEDY OF PURCHASER WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS. 9. LIMITED EXTREME TECHNOLOGY WARRANTY AND RETURNS 9.1. Warranty to Purchaser. Extreme warrants the Extreme Technology pursuant to the terms and conditions of the Extreme standard warranty posted on JI°s://.ex�ireiim�eiie�aoirlls.coiim�/su oirL ollliciies/ or for software, subject to the software license agreement posted on https://www.extremenetworks.com/company/legal. 9.2. Exclusive Remedy. As Purchaser's exclusive remedy for breach of the Extreme Technology warranty, during the Warranty Period, Extreme will repair or replace, at Extreme's sole discretion and at no charge to Purchaser, any Extreme Technology that (a) Purchaser has notified Extreme does not materially comply with the warranties described in Section 9.1; (b) with the exception of Programs, Purchaser has returned to an Extreme -authorized repair center during the applicable warranty period pursuant to the RMA Procedure of this Section; and (c) Extreme has confirmed to be defective. Replacement Extreme Technology may be remanufactured. Replacement Extreme Technology shall carry the remaining warranty of the replaced Extreme Technology. 9.3. Limitations on Warranty and Returns. Extreme shall not be responsible for and the foregoing warranty shall not apply to Extreme Technology that has been (i) damaged by accident, Act of God, shipment, improper installation, inadequate maintenance, abnormal physical or electrical stress, misuse or misapplication, or (ii) modified without Extreme's express written acceptance of such modification for warranty purposes. Attachment D Page 448 of 471 Page 864 of 1515 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 865 of 1515 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 866 of 1515 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 867 of 1515 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 868 of 1515 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 869 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement #: EXHIBIT A SCHEDULE NUMBER _ FOR THE EXTENDED PAYMENT AND SPECIAL PURCHASE AGREEMENT BETWEEN EXTREME AND PURCHASER AGREEMENT # This Schedule shall commence on the last date of signature and continue until the earlier of the following: a) the date it is terminated in accordance with the Agreement or b) the date on which payment has been made in full for the Extreme Technology listed herein. Purchaser - Name, Address, Telephone Number, E-mail Address and other applicable contact information Other applicable Contact Name(s) and Telephone No(s): Shipping Address: Extreme Technology Total Purchase Price: Payment: Purchaser shall make monthly payments beginningT( BD) in the amount of $ USD/month for months, due and payable monthly in advance for the Extreme Technology listed herein. Description of Extreme Technology is attached as Appendix 1 to this Schedule # _ Other Terms Applicable to this Schedule: Extreme will endeavor to provide Purchaser with a list of the serial numbers for each unit of the Extreme Technology shipped underthis Schedule. If any of the information provided by Extreme is inaccurate or misstated, Purchaser must promptly notify Extreme, If Purchaser fails to notify Extreme as provided herein. Purchaser shall remain responsible for making payments for the Extreme Technology as provided by the Agreement and this Schedule. By signing this Schedule, Extreme and Purchaser agree that the provisions of the Extreme Extended Payment and Special Purchase Agreement (the "Agreement") executed by the parties and the exhibits attached to this Schedule apply to this Schedule and are incorporated by this reference. To the extent that this Schedule is inconsistent with the Agreement, the terms of this Schedule shall prevail. Extreme Networks, Inc. By: By: Name: Name: Title: Title: Date: Date: Extreme Networks Ireland Limited [Include if applicable] By: Name: Title: Date: Attachment D Page 454 of 471 Page 870 of 1515 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 871 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. NETWORK SUBSCRIPTION AGREEMENT THIS NETWORK SUBSCRIPTION AGREEMENT (this "Agreement") is made as of the Effective Date, between Extreme Networks, Inc. with its principal place of business at 6480 Via del Oro, San Jose, California 95119 and Extreme Networks Ireland Limited, a corporation organized under the laws of Ireland, with principal offices at Rineanna House, Shannon Industrial Estate, Shannon, Co Clare, Ireland (independently and collectively "Extreme"), and having its principal place of business at ("Customer"). 1. SCOPE OF AGREEMENT 1.1 This Agreement governs Customer's use of Network Subscription (as defined below) utilizing certain Extreme Technology. For the avoidance of doubt and notwithstanding anything herein to the contrary, Customer is not purchasing any Extreme Technology or other equipment from Extreme under this Agreement. 1.2 With respect to any Subscription purchased within the United States or its territories, this Agreement is entered into, and all Subscription(s) shall be performed by or on behalf of Extreme Networks Inc. To the extent Subscription(s) are available and purchased outside the United States or its territories this Agreement is entered into, and shall be performed by or on behalf of Extreme Networks Ireland Limited and such purchases will be subject to a local implementation agreement between Extreme Networks Ireland Limited and the Affiliate of the Customer located outside the United States. Each local implementation agreement will incorporate by reference the provisions of this Agreement as amended by mutual agreement of the parties. 1.3 This Agreement incorporates all provisions of the schedules, exhibits, supplements, addendums, amendments and other documents that are referenced herein. All of these documents taken together, including those effective in the future, shall constitute the entire agreement between Extreme and Customer and replace any prior oral and/or written communications, negotiations and agreements relating to the subject matter hereof. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both parties. 2. DEFINITIONS The following terms have the meanings ascribed to them when used with an initial capital letter in this Agreement. "Affiliate" means an entity that controls, is controlled by (directly or indirectly) or is under common control with the entity referred to, but only for the time that such control exists. As used in this definition, "Control" means the right to control more than fifty percent (50%) of the voting interests of the entity referred to. "Extreme Technology" means all product, replacement parts, software, Documentation, web sites, and any other technology, data or other data, information or content owned or licensed by Extreme and furnished or otherwise made available by Extreme or its agents to Customer pursuant to this Agreement. "Designated Representative" means the person(s) duly authorized by each party who have the authority to take the actions referenced in any provision of this Agreement. "Documentation" means Extreme's written documentation provided in connection with Extreme Technology that describes the functions and features of the Extreme Technology, including user guides and manuals, Help Files, FAQ, information describing technical functionality and specifications, and related information that Extreme provides to its customers generally in connection with the Extreme Technology, whether in print, web based, or other electronic form, all as they may be updated from time to time. "Documentation" does not include marketing and promotional materials. Page 1 of 16 Extreme Confidential and Proprietary Attachment D Page 456 of 471 Page 872 of 1515 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 873 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 3.4 Except as otherwise set forth in a Subscription Schedule, either party may, at its option terminate all or a portion of any applicable Subscription Schedule and/or this Agreement with sixty (60) days prior written notice. Within 60 days after notice, Customer will return the respective Extreme Technology. 3.5 Upon expiration or termination of this Agreement or any Subscription Schedule in whole or in part, Customer shall return Extreme Technology to Extreme pursuant to the RMA Procedures set forth in this Agreement. In the event of a termination of this Agreement or any Subscription Schedule by the Customer, Customer will bear all costs associated with the return of the Extreme Technology and shall do so in a manner that ensures a timely return of the respective Extreme Technology. Upon termination or expiration of the Agreement, unless otherwise specifically provided in the Subscription Schedule, the following amounts will become immediately due and payable: (i) any unpaid amounts for the Subscription provided through the date of termination; (ii) the monthly recurring charges accrued until the Extreme Technology is returned to Extreme as provided by this Agreement, and; (iii) any other amounts due and payable under this Agreement. Further, if Customer fails to make arrangements for return or otherwise fails to return Extreme Technology within the respective notice period, Extreme may take all actions reasonably necessary to obtain possession of and remove the Extreme Technology. Customer will not interfere with or object to such repossession or removal and Customer will cooperate (and ensure corporation of its employees, subcontractors, agents, representatives, and other third parties) with Extreme in such efforts. Customer releases Extreme from, and indemnifies Extreme against, any and all claims of third parties which are in any manner related to allowing Extreme access to the Premises for purposes of exercising and enforcing its rights in and to the Extreme Technology. Without limiting any other remedies Extreme may have in law or in equity, if Customer fails to return the Extreme Technology within the respective notification period, amounts due and payable for the Subscription(s) will continue to accrue until the Extreme Technology is received by Extreme and for 60 days thereafter. 3.6 Survival. The following provisions shall survive expiration or termination of this Agreement: 1, 2, 3, 4, 5.7, 5.9, 6, 7, 8.3, 8.4, 9.1, 10, 11, 12, 13, and 15. 4. PRICE AND PAYMENT TERMS 4.1 The Subscription(s) Charges will be invoiced monthly in advance of the due date (and will not be pro- rated) at the rate set forth on the applicable Subscription Schedule. 4.2 All Subscription Charges and other amounts payable by Customer are due and payable on the due date set forth in a Subscription Schedule or if none, then as specified in the applicable invoice. Extreme reserves the right to charge Customer a late penalty of 1.5% per month applied against undisputed overdue amounts, or the maximum rate permitted by law, whichever is less. Late penalties will be recalculated every 30 days thereafter based on Customer's current outstanding balance. In addition, Extreme, without waiving any other rights or remedies to which it may be entitled, shall have the right to suspend or terminate any or all Subscription(s) and refuse additional Orders until Extreme's receipt of all overdue amounts. Extreme shall have no liability to Customer for any such suspension or termination of the Subscription or for its refusal of additional Orders. Extreme further reserves the right to seek collection of all overdue amounts (including by referral to third party collectors), plus all reasonable legal fees (including reasonable attorneys' fees) and costs associated with such collection. 4.3 Charges for non-recurring expenses (such as professional services, installation and training) will be quoted, contracted, and billed separately from the Subscription. 4.4 The prices stated in each Order are exclusive of Taxes. Customer agrees to pay when due all sales, use, property or estimated property, excise and other taxes, fees or other charges of any nature whatsoever (except for any taxes based on Extreme's net income), however designated, together with any fines, penalties or interest thereon, now or hereafter imposed by any governmental entity or paid or accrued by Extreme, whetherbased upon this Agreement, any Subscription charge, or the installation, license, delivery, ownership, use, possession or return of any Extreme Technology. Extreme will pay all property or estimated property taxes on the Extreme technology, or any portion thereof, as applicable, directly to the Page 3 of 16 Extreme Confidential and Proprietary Attachment D Page 458 of 471 Page 874 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. appropriate taxing authority. Customer will reimburse Extreme for any such payments made by Extreme promptly upon request. Any fees, taxes or other charges paid by Extreme upon failure of Customer to make such payments shall become immediately due from Customer to Extreme. Any payment made hereunder to Extreme shall include the amount of any taxes required to be paid by Extreme as the result of the receipt of such payment. 4.5 Extreme will invoice and Customer shall bear applicable shipping and related charges that result from Customer's procurement, subsequent unit relocation, termination of the Subscription and other applicable fees as provided by this Agreement. 4.6 Should a court of competent jurisdiction determine, contrary to the parties' express intention, that this Agreement is a lease intended as security or other secured financing transaction, then solely in that event and for this expressly limited purpose, Customer shall be deemed to have granted Extreme a security interest in the Extreme Technology subject to this Agreement and all accessions, substitutions and replacements, and proceeds (cash and non-cash), including, without limitation, insurance proceeds (but without power of sale), to secure the prompt payment and performance as and when due of all obligations and indebtedness of Customer, now existing or hereafter created, to Extreme pursuant to this Agreement or otherwise. Customer authorizes Extreme to file financing statements to give public notice of its interest in the Extreme Technology and any proceeds thereof. 5. QUOTES, ORDERS, SHIPMENT, DELIVERY 5.1 Quote. At Customer's request, Extreme shall issue a quote stating terms for the purchase of the Subscription (a "Quote"). Each Extreme Quote shall be valid for sixty (60) days from issuance unless otherwise specifically stated in the Quote. 5.2 Orders. Nothing in this Agreement requires the parties to enter into any Orders. However, once entered into, each Order is abinding agreement for the purchase of the Subscription and is subject to the provisions of this Agreement. This Agreement shall govern each Order by any of Customer's Affiliates and Customer will be responsible for any Affiliate's purchases under this Agreement (including but not limited to an Affiliate's failure to make payment or other breach of this Agreement). Extreme may, in its sole discretion, reject an Order for failure to state the information required, or for failure to accurately reflect the commercial terms established by a Quote, Order, or Subscription Schedule. 5.3 Changing or Modifying Orders. If the parties wish to change or modify an existing Order, they shall execute a written statement that references the specific Order by date, purchase order number, or other identifier, and describes the requested changes (a "Change Order"). No changes to an Order shall become effective until both parties have mutually agreed upon and executed the Change Order. 5.4 Cancellation. Customer may cancel an Order without incurring a cancellation charge by written notice received by Extreme at any time at least ten (10) business days prior to the originally scheduled shipment date. Any other cancellation requested by Customer is subject to good faith discussions between Extreme and Customer, with the understanding that Customer may incur restocking/cancellation charges as a result of such cancellation. 5.5 Postponing Shipment. Customer may postpone a shipment date one time by written notice given at least five (5) business days prior to the scheduled shipment date, provided that the rescheduled date does not exceed the original date by more than thirty (30) days. Shipment dates may be rescheduled only by a Designated Representative of Customer. 5.6 Delivery & Shipping. Extreme will deliver Extreme Technology and Subscription to the Premises or other location designated by Customer on the applicable Subscription Schedule using a carrier of Extreme's choice. All shipments will be made ExWorks (Extreme's place of shipment), except (a) for shipments within the United States, shipping shall be FOB Destination (Extreme's place of shipment); (b) for shipments within member countries of the European Union, shipping shall be CIP Consignee; and (c) Page 4 of 16 Extreme Confidential and Proprietary Attachment D Page 459 of 471 Page 875 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. for shipments to the rest of Europe, Canada and other international locations, all shipping terms are DDU Airport and all shipping described above are per Incoterms 2010. Customer shall identify mode of shipment and carrier in the accepted purchase order for ExWorks and FOB destination shipments. Extreme will select the mode of shipment and the carrier for CIP terms. Shipping dates are estimates only. If Extreme becomes aware that it will not be able to meet a delivery date, then: (i) it shall promptly notify Customer of the delay and its proposed solution and recovery plans, and (ii) shall expedite delivery of any such Extreme Technology, at its expense. Extreme may change or discontinue Extreme Technology at any time. A change in the Extreme Technology may occur after a Customer places an Order but before Extreme performs the Subscription. As a result, Extreme Technology Customer receives might display minor differences from the Extreme Technology ordered. However, the Extreme Technology will meet or exceed all material specifications of such Order. 5.7 RMA Procedure. Customer shall not return any Extreme Technology (including but not limited to replacement parts) without a return material authorization ("RMA") number issued by Extreme. In the event of a return due to a support or warranty issue, Extreme will make arrangements for shipping the Extreme Technology back to Extreme from the Premises or other location designated by the Customer using a carrier selected by Extreme. All returns as a result of termination by the Customer will be facilitated as outlined in section 3.5 of the Agreement. Customer shall prepare the Extreme Technology for return to Extreme using the original packaging (or other packaging reasonably suitable for the Extreme Technology and type of shipment) and include the Order number, approximate date on which the Extreme Technology was delivered to Customer, RMA information and any other information as Extreme may require. Customer shall adhere to any other written RMA instruction that Extreme may issue from time to time. Failure to follow the RMA procedure as outlined in this Section could result in additional fees due and payable by Customer to Extreme including without limitation, recurring monthly fees for the Subscription and amounts associated with missing, wrong or damaged Extreme Technology, any failure to package or prepare Extreme Technology for return to Extreme as provided in this Section, additional shipping costs and the for the cost of replacing or restoring Extreme Technology to good working order. 5.8 Documentation. Notwithstanding anything in the Documentation to the contrary, the Documentation shall be part of the Agreement only as to those parts that: (i) describe the features and functions of the Product, or (ii) are expressly incorporated in this Agreement, a Subscription Schedule or an Order. 5.9 Order of Precedence of Documents. In the event of a conflict between the documents that constitute the Agreement, the documents shall govern in the following order of precedence: (i) the Subscription Schedule, (ii) the Agreement (iii) the local implementation agreement for the Subscription provided outside the United States, (iv) applicable provisions in the Documentation, the Order. PROGRAMS. Subject to the terms of the Agreement, Customer may use the Program(s) subject to the provisions of the license agreement that accompanies the Extreme Technology or that is posted at www.Extremenetworks.com. 7. USE OF SUBSCRIPTION BY CUSTOMER 7.1 The Extreme Technology is personal property of Extreme and no title, equity, ownership or right (including any license right) in or to the Extreme Technology in whole or in part shall pass to Customer except as otherwise expressly provided by this Agreement. Customer agrees that it may not pass any right or interest in the Extreme Technology to a third party and Customer shall ensure it takes necessary steps to protect Extreme's rights under this Agreement such that the Extreme Technology cannot be construed as a fixture nor shall it become a fixture on the Premises or any other location. Customer will not take any action that causes or purports to cause the imposition of any lien, claim, interest, right or encumbrance on Extreme Technology or otherwise transfer any right or interest in the Extreme Page 5 of 16 Extreme Confidential and Proprietary Attachment D Page 460 of 471 Page 876 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. technology to a third parry. Further, Customer will immediately take all necessary action to remove any lien or encumbrance on the Extreme Technology (other than any lien or encumbrance in favor of or expressly approved by Extreme) arising in connection with the Subscription provided under this Agreement or any Subscription Schedule, and shall, at its sole expense, defend, indemnify and hold Extreme harmless from and against any claims, damages, costs, expenses, losses or the like relating to the protection and preservation of Extreme's rights, title and interest in the Extreme Technology. Customer shall not remove or alter any asset tag affixed to Extreme Technology. 7.2 Customer will maintain the Premises and any other location where Extreme Technology may be located in a safe and secure manner, in accordance with recommended industry standards and conditions, and in a manner as required by the specifications accompanying the Extreme Technology and/or as may be advised by Extreme. Such requirements include but are not limited to ensuring use of the appropriate power requirements, data communications equipment, network and/or using cabling. Customer shall not remove or alter any asset tag affixed to Extreme Technology. Further, Customer will not, and will not permit others to, rearrange, disconnect, remove, relocate, attempt to repair, or otherwise tamper with any Subscription and/or Extreme Technology without the prior written consent of Extreme. If Customer wishes to relocate Extreme Technology, Customer shall provide thirty (30) day prior written notification to Extreme. Relocation may only occur within the country of original delivery. 7.3 Further, Customer will allow, or will secure permission, as applicable, for Extreme and its underlying suppliers, sub -contractors or agents to access Premises and/or Extreme Technology for the installation, maintenance, repair, replacement, relocation, inspection, monitoring, identification, or repossession of the Extreme Technology and performance of the Subscription from time to time as may be determined is necessary or desirable by Extreme. Extreme will use commercially reasonable efforts to notify Customer regarding timing and implementation of any replacement Extreme Technology (hardware or software) that will occur on the Premises. Customer shall notify Extreme promptly of any changes in Customer's hardware or software that may affect Subscription provided by Extreme. 7.4 Customer will provide Extreme with current and accurate information for Customer's Designated Representative and any other contact necessary for access to Customer's Premises. 7.5 Customer will provide Extreme and its authorized agents, sub -contractors, suppliers and agents with a safe place to work. Customer will comply with all laws and regulations regarding the working conditions on the Customer Premises and use of the Subscription. Extreme Technology may not be used for any purpose other than that for which it is provided to Customer under this Agreement. Extreme personnel who perform work related to the Subscription on Customer's premises will use reasonable efforts to comply with Customer's on-site security requirements. Customer may require any Extreme personnel to leave its premises for any reason or no reason in Customer's sole discretion, provided, however, that if Customer has not provided reasonable grounds for requiring the personnel to leave, then Extreme shall be relieved of its obligations under the Agreement to the extent it is delayed in performing them by reason of the removal. 7.6 At all times during the term of this Agreement, Customer will cooperate in all reasonable respects with Extreme (and its suppliers, sub -contractors and agents) to enable Extreme to provide the Subscription contemplated under this Agreement and any Subscription Schedule. Extreme's provision of the Subscription is conditional upon Customer's compliance with this Agreement. To the extent that Customer fails to cooperate with Extreme, provide access to the Extreme Technology or otherwise follow any reasonable instruction by Extreme, Extreme's ability to provide the Subscription(s) may be impacted and Extreme will have no liability for its delay and/or inability to provide the Subscription(s). Page 6 of 16 Extreme Confidential and Proprietary Attachment D Page 461 of 471 Page 877 of 1515 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 878 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 9. SUPPORT, SECURITY AND NETWORK ACCESS 9.1 Extreme's Access to Secure Information Systems and Data. Customer will be solely responsible for the content of all information that Customer stores or transfers via the Subscription(s), for backing up and maintaining copies of all its data and for the removal of any confidential, proprietary, or personal information on Extreme Technology. Extreme is not responsible for managing Customer's network environment. 9.2 Support. "ExtremeWorks Next Business Day" is included with the Subscription delivered under this Agreement. Customer may upgrade to other levels of service available that may be available from time to time for an additional fee and subject to Extreme's terms and conditions applicable to such offer. A description of Extreme's current service offers and applicable terms and conditions can be found at https:Hleam. extremenetworks.com/rs/extreme/images/ExtremeWorks-Advanced-Hardware-RUlacement- Services-SDD.pdf. For the avoidance of doubt, Extreme does not provide any kind of support for third party products not supplied by Extreme. Customer agrees that any warranty and/or support for such products shall be provided, if at all, by the manufacturer, distributor or reseller of such products. 10. CONFIDENTIALITY 10.1 The following information is "Confidential Information: (i) as to both parties, the terms of this Agreement, and all information exchanged by the parties during negotiations culminating in this Agreement and during the Term of this Agreement; any information related to a party's performance of, or failure to perform, this Agreement; and any information that is marked or designated as "Confidential" or with like notice; (ii) as to the party disclosing the information, any information related to that party's assets, liabilities, financial results, financing plans, business strategies, product development plans, operations, source code, technology, know-how, trade secrets, customers, vendors, contractors, Extremes and personnel, and all other information that a reasonable person would understand to be confidential; and (iii) as to Customer, data center locations, data center designs (including non -graphic information observed at Customer's data center); but excluding in all cases any information which is independently developed by the other party as shown by such party's written business records, is or becomes generally available to the public other than through breach of this Agreement, or violation of law or other agreement. Each party agrees not to disclose the other party's Confidential Information to any third party except to its agents, advisors, affiliates and representatives, and with respect to Extreme, its potential investors, each who need to know the information to represent or advise it with respect to the subject matter of this Agreement and who are bound by non -disclosure obligations at least as stringent as those stated in this Agreement; provided, however, that a party will not be liable for disclosure of the other party's Confidential Information if it is required by law or regulation to be disclosed and, to the extent not prohibited by applicable law or regulation, the disclosing party gives advance written notice of the disclosure to the other party at the earliest possible time, or the party discloses the information as part of a bona fide legal proceeding to enforce its rights under this Agreement. Each party agrees to use at least a reasonable degree of care to protect the other party's Confidential Information. Each party agrees not to use the other party's Confidential Information except in connection with the performance of its obligations or exercise of its rights under this Agreement. Each party shall return or destroy the other party's Confidential Information on completion of the Subscription, or earlier on request of the other party, provided that a party may retain the other party's Confidential Information if reasonably necessary to use the Subscription, or to maintain reasonable and customary business records and (ii) the obligation to return or destroy does not extend to automatically generated computer back-up or archival copies generated in the ordinary course of receiving party's information systems procedures, provided that except as otherwise permitted herein, receiving party shall make no further use of such copies. On request of a party, an officer of the other party shall certify its compliance with the preceding sentence. 10.2 This Agreement shall not limit either party's present or future business activities or relationships of any nature, including business activities or relationships that may be competitive with those of the other party. Each party acknowledges that the other party and its affiliates are actively engaged in business activities, investment, technology exploitation, and research and development efforts that are or may be Page 8 of 16 Extreme Confidential and Proprietary Attachment D Page 463 of 471 Page 879 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. similar to or coincident with the activities of the other parry or its Confidential Information. Accordingly, each party further acknowledges that this Agreement shall in no way limit, restrict or preclude either party from assigning employees or pursuing any of its present or future business activities or interests, either alone or in conjunction with other parties, or from entering into any agreements or transaction with any other person or entity, regardless of whether such business activities and interests are competitive with any actual or proposed business activities and interests of the other party. The parties further agree that each may in the future develop or purchase products or services related to or similar to the subject matter of this Agreement. The parties agree that monetary damages would not be a sufficient remedy for breach of this section and therefore agree that either parry shall be entitled to seek injunctive and other specific relief. Notwithstanding anything in this Agreement to the contrary, the provisions of this Section 10 shall survive for two (2) years after expiration or termination of this Agreement. 11. INDEMNIFICATION 11.1 General Indemnification. Each party will defend the other, the other's Affiliates, and each of their respective directors, officers, agents, and employees against any unaffiliated third party claim based on that party's gross negligence or intentional misconduct, and indemnify each of them from the resulting losses, damages, and costs and expenses (including reasonable attorney fees) finally awarded to the third party by a court of competent jurisdiction or pursuant to a settlement agreement. The indemnifying parry may settle, at its sole expense, any claim for which it is responsible under this Subsection. The indemnifying party shall control the defense and/or settlement of any claim covered by this subsection, provided that the indemnified parry reserves the right to employ counsel at its own expense and participate in the defense. 11.2 Intellectual Property Indemnification. Extreme will defend Customer, and each of its respective directors, officers, agents, and employees (collectively, the "Customer Indemnitee"), against any unaffiliated third parry claim that the Extreme Technology infringes the third party's United States or European Union patent, trademark, copyright, or valid trade secret (each, an " IP Claim"), and indemnify the Customer Indemnitee from all resulting losses, damages, costs, and expenses (including reasonable attorneys' fees) finally awarded to the third parry by a court of competent jurisdiction (or an arbitration panel or other tribunal, as applicable) or pursuant to a settlement agreement (collectively referred to as "Damages") provided that Customer shall promptly notify Extreme in writing of the claim, provide Extreme sole control over the defense and/or settlement of such claim with Extreme's choice of counsel, and at Extreme's request and expense, provide full information and reasonable assistance to Extreme with respect to such claim. Notwithstanding the prior sentence, Customer's failure to give prompt notice of the claim shall not relieve Extreme of its obligations under this Section except to the extent such failure prejudices Extreme's defense of the matter. Extreme may settle, at its sole expense, any IP Claim for which Extreme is responsible under this Section. Extreme will not be obligated to defend or be liable in any manner for infringement to the extent arising out of: (a) required compliance with Customer -provided technology or specifications; (b) modification of Extreme Technology (except modifications provided by Extreme) or use of such Extreme Technology not in accordance with Specifications; (c) Customer's combination, operation or use of the Extreme Technology with hardware, software or other materials not provided by Extreme; (d) Customer's failure to use reasonable materials or instructions provided by Extreme which would have rendered the Extreme Technology non -infringing. The Customer Indemnitee reserves the right to employ counsel at its own expense and participate in the defense and/or settlement of any IP Claim. In addition to the foregoing, should any Extreme Technology become, or are likely to become, in Customer's reasonable opinion, the subject of such a claim, Extreme shall, at its expense either: (1) procure for Customer the right to make continued use thereof; or (2) replace or modify such with a non -infringing replacement or modification that is functionally equivalent or better than the replaced Extreme Technology; provided, however, that if Extreme is unable through the use of commercially reasonable efforts to do either, then Extreme may request return of the Extreme Technology, and, upon receipt thereof; no further monthly recurring fees for the Subscription(s) will be Page 9 of 16 Extreme Confidential and Proprietary Attachment D Page 464 of 471 Page 880 of 1515 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 881 of 1515 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 882 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. Specifically, but without limitation, Customer's payment of fees is not a waiver of any claims for breach of this Agreement. 15.7 Severability. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force. 15.8 Notices. Legal notices shall be sent via electronic mail and first class United States mail to the individuals named in the Order, and copied to: To Customer: [insert contact name & address] To Extreme: Extreme Networks, Inc. Attn: Office of the General Counsel 6480 Via del Oro San Jose, CA 95119 Non -legal notices in the ordinary course of business; e.g., notice to postpone a shipment, shall be sent via electronic mail to the Designated Representative of the other party or to such other designee as may be set forth herein. Notices shall be effective as of the day sent via email, or if that day is not a Business Day or the first Business Day that follows the day sent. 15.9 Force Majeure. Extreme will not be liable for any failure of performance hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, environmental conditions at Customer's Premises, suppliers, fire, vandalism, cable cut, power outage, Customer's third party contractors, storm or other similar occurrences; any law, order, regulation, action or request of any government, including state and local governments having jurisdiction over either of the parties, or of any instrumentality thereof, or of any civil or military authority; wars; or strikes or other labor difficulties (each, a "Force Majeure"). 15.10 Controlling Law, Venue, Costs of Suit, and Waiver of Jury Trial. With respect to disputes which may arise as a result of this Agreement in the US, the laws of the State of New York (exclusive of its conflict of law principles) govern this Agreement, including all matters of construction, validity and performance. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING (INCLUDING ANY COUNTERCLAIM) OF ANY TYPE IN WHICH IT IS A PARTY AS TO ALL MATTERS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT OR ANY DOCUMENT, INSTRUMENT OR AGREEMENT EXECUTED IN CONNECTION HEREWITH. 15.10.1 All disputes arising out of or in connection with this Agreement and/or any Order issued hereunder to any Extreme entity other than Extreme -US shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with said rules. The place of arbitration shall be London. The arbitral tribunal shall conduct the proceedings and all awards shall be rendered in the English language. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. 15.11 Dispute Resolution. The parties shall attempt in good faith to resolve any dispute arising out of or relating to the Agreement by negotiation between authorized representatives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of the Agreement; provided that Customer shall remain obligated to timely make any and all payments during such negotiations. If the dispute has not been resolved by negotiation as provided herein within fifteen (15) days after the commencement thereof, Customer agrees that Extreme or its assignee may, but shall have no obligation to, compel the Customer to participate in a mediation Page 12 of 16 Extreme Confidential and Proprietary Attachment D Page 467 of 471 Page 883 of 1515 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 884 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 15.19 Entire Agreement. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES REGARDING ITS SUBJECT MATTER AND SUPERSEDES AND REPLACES ANY PRIOR OR CONTEMPORANEOUS AGREEMENT OR UNDERSTANDING, WRITTEN OR ORAL. Each party warrants and represents that its respective signatories, whose signatures appear below, have been and are on the date of signature duly authorized to execute this Agreement. Customer By: Name: Title: Date: Extreme Networks Ireland Limited. By: Name: Title: Date: Extreme Networks, Inc. By: Name: Title: Date: Page 14 of 16 Extreme Confidential and Proprietary Attachment D Page 469 of 471 Page 885 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. EXHIBIT A SUBSCRIPTION SCHEDULE SCHEDULE NUMBER Customer Billing Address: Designated Representative Name, Address, Telephone Number, E-mail Address and other applicable contact information Other applicable Contact Name(s) and Telephone No(s).: Premise Address (if different from Customer Address): Shipping Address (if different from the Premise Address): Subscription Price: Recurring Subscription Charge - $ /month, billable monthly in advance. Subscription: During the term of this Subscription Schedule, Extreme shall perform the Subscription in accordance with the terms and conditions of this Subscription Schedule and at the prices set forth herein. The Subscription encompasses the following: 1. [Insert brief description of the equipment -based services (capacity, e.g.) and attach exhibits as needed.] 2. [Describe support and maintenance terms including pricing] Term of Subscription Schedule This Subscription Schedule shall commence on the Effective Date and continue until the date it is terminated pursuant to the Agreement. Page 15 of 16 Extreme Confidential and Proprietary Attachment D Page 470 of 471 Page 886 of 1515 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. SUBSCRIPTION SCHEDULE (CON'T) Other Terms Applicable to this Subscription Schedule: Estimated Shipping and Delivery Date: [Refer to quote if appropriate] By signing this Subscription Schedule, Extreme and Customer agree that the provisions of the Network Subscription Agreement (the "Agreement") executed by the parties and the exhibits attached to this Subscription Schedule apply to this Subscription Schedule and are incorporated by this reference. To the extent that this Subscription Schedule is inconsistent with the Agreement, the terms of this Subscription Schedule shall prevail. Customer By: Name: Title: Date: Extreme Networks Ireland Limited [Include if applicable] By: Name: Title: Date: Extreme Networks, Inc. By: Name: Title: Date: Page 16 of 16 Extreme Confidential and Proprietary Attachment D Page 471 of 471 Page 887 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint PARTICIPATING ADDENDUM Master Agreement #: AR3230 Contractor: Extreme Networks, Inc. (Contractor) Participating Entity: State of Florida, Department of Management Services (Department) Agreement No. 43220000-NASPO-I9-ACS 1. Scope: This addendum covers the NASPO ValuePoint Master Agreement for Data Communications Products and Services led by the State of Utah (Lead State) for use by Agencies, as defined in section 287.012, Florida Statutes, and authorized by section 287.042(16), Florida Statutes. For purposes of this Participating Addendum, the Department and Extreme Networks, Inc., are collectively referred to herein as the "Parties." 2. Alternate Contract Source Agreement (ACS): ACS refers to this Participating Addendum, Exhibit A: Additional Special Contract Conditions, Exhibit B: Special Contract Conditions, and the Master Agreement and all attachments. 3. Order of Precedence: All terms and conditions contained in the ACS are incorporated as if fully set forth herein and shall remain in full force and effect throughout the term of the ACS unless modified in writing by the parties. This Participating Addendum and Exhibit A: Additional Special Contract Conditions may only be modified or amended upon mutual written agreement by the Parties. If amendments are made to the Master Agreement, the Contractor shall: 1) notify the Department of such amendments; and 2) provided the Department is amenable to incorporating the amendments into the ACS, enter into a written amendment with the Department reflecting the addition of such amendments. In the event of conflict, the following order of priority governs: a) This Participating Addendum and all Amendments; b) Exhibit A: Additional Special Contract Conditions; c) Exhibit B: Special Contract Conditions; d) Attachment A: NASPO ValuePoint Master Agreement Terms & Conditions; e) Attachment B: Scope Awarded to Contractor f) Attachment C: Pricing Discounts and Value -Added Services g) An Order issued against the ACS; h) The Solicitation, SK18001 (Request for Proposals), Data Communications Products and Services; i) The Contractor's response to the Solicitation, as revised (if permitted) and accepted by the Lead State. Page 1 of 4 Page 888 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint PARTICIPATING ADDENDUM 4. Term of the Participating Addendum: a) Initial Term: The initial term of the ACS will become effective on the last date the document is signed by all Parties, whichever is later, and shall be effective through September 30, 2024, unless terminated earlier, in accordance with Exhibit A: Additional Special Contract Conditions or Exhibit B: Special Contract Conditions. b) Renewal: Upon agreement of the Parties, the Department and the Contractor may renew the ACS in accordance with section 287.057(13), Florida Statutes, and Rule 60A- 1.048, Florida Administrative Code. Renewals must be in writing and are subject to the same term, conditions, and modifications set forth in the ACS. The Contractor and the Department may negotiate renewal term pricing, which shall not exceed the pricing provided during the initial term as set forth in the Master Agreement. 5. Product and Service Offering: The Contractor is authorized to provide the Products listed below: • Networking • Routers, Switches, Security, and Storage Networking • Wireless • Value Added Services are permitted under this PA to the extent they do not overlap with services offered through a state term contract. If the service(s) are offered through a state term contract, agency customers are obligated use the state term contract(s) to purchase the service(s). 6. Master Price Agreement Number: All purchase orders issued by agencies within the jurisdiction of this Participating Addendum shall include the NASPO ValuePoint Master Agreement number: AR3230 7. Primary Contacts: The primary contact individuals for this Participating Addendum are as follows (or their named successors): Contractor Name: Michael Swierk Address: 6480 Via Del Oro San Jose CA 95119 Telephone: 603-952-6909 Email: mswierk@extremenetworks.com This space intentionally left blank Page 2 of 4 Page 889 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint PARTICIPATING ADDENDUM State of Florida Name: Joy Geller Address: 4050 Esplanade Way, Tallahassee Florida 32399 Telephone: 850-410-0978 Email: I uoy.elllleirirn%.fI. ov 8. Participating State or Entity Terms and Conditions Participating State or Entity must check one of the boxes below. These modifications or additions apply only to actions and relationships within the State of Florida. A Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to its contractual relationship with the Contractor under the Terms and Conditions of the State of Utah NASPO ValuePoint Master Agreement. LI No changes to the terms and conditions of the Master Agreement are required. [ I The following changes are modifying or supplementing the Master Agreement terms and conditions: Exhibit A — Additional Special Contract Conditions Exhibit B — Special Contract Conditions IN WITNESS WHEREOF, the Parties have executed this Addendum as of the date of execution by both parties below. Participating State: Contractor: State of Florida Extreme Networks, Inc. e�igRed By By:DacuSigned by: �t L NA. - Name: Jonathan R. Satter Name:Mf9bMi ttIe Title: Secretary Title: Senior Vice President, Sales Date: 8/7/2020 1 2:43 PM EDT Date: 8/4/2020 13:23 PM EDT Page 3 of 4 Page 890 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB For questions on executing a participating addendum, please contact: NASPO ValuePoint Cooperative Contracting Coordinator: Telephone: Email: info nas ovalue oint.or [Please email fully executed PDF copy of this document to IC ,,,,,,,,&nas ovalllw,�e oiiiint„ours to support documentation of participation and posting in appropriate data bases.] Page 4 of 4 Page 891 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB Dej[)artmemt of MANAGEN SERVICES \/\/o serve who serve Florida ADDITIONAL SPECIAL CONTRACT CONDITIONS Exhibit A The following changes are modifying or supplementing the Master Agreement and ACS terms and conditions. These modifications or additions apply only to actions and relationships within the ACS. Upon execution of the ACS, Customers may purchase products and services under contract using the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS. A. Vendor Registration: In order to complete any transaction between an Individual Customer and the Contractor, the Contractor must be registered in MvloridaMarketPlace. B. Purchases: In order to procure products and services hereunder, Customers shall issue purchase orders or use a purchasing card which shall reference Florida Alternate Contract Source Number 4322000-NASPO-19-ACS. Customers are responsible for reviewing the terms and conditions of this ACS including all Exhibits. C. Additional Customer Terms: If any additional ordinance, rule, or other local governmental authority requires additional contract language before a Customer can make a purchase under this ACS, the Customer is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. D. The State of Florida's performance and obligation to pay under this ACS is contingent upon an annual appropriation by the Legislature. The vendor shall comply with section 11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the Legislature, Judicial, or state agencies. E. Product and Service Offerings: The Contractor is authorized to provide Products as referenced in Section 5 of the Participating Addendum (PA). Any Product Offerings not listed are not approved. F. Hours of Work: The Contractor will provide services and support during the States normal working hours. Normal working hours are 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. Days observed as holidays by State agencies are provided via the link below: r state personnel system hr practitioners/state holidays G. Employment Eligibility Verification: The language of subsection 13.2 of the Special Contract Conditions regarding E -Verify shall apply to resellers as well as other subcontractors. Page 892 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB H. Price List/Preferred Price: The Contractor's price list will be the same as the NASPO ValuePoint price list, and the Department will post a link on the Department's website to the price list posted on the NASPO ValuePoint website. Contractors are encouraged to provide special pricing and/or tiered discount rates applicable to State of Florida Customers wherever possible. I. Orders: Any Order placed by a Customer for a Product and/or Service available under the Master Agreement shall be deemed to be a sale under and governed by the terms and conditions of the ACS. To the extent the Customer and the Contractor agree on additional terms, the terms will be documented on the Customer Order, signed by both parties, and integrated into the ACS order of precedence as reflected on the PA. J. Electronic Invoicing: The Contractor may supply electronic invoices in lieu of paper- based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: a. EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non -catalog goods and services. b. PO Flip via AN The online process allows Contractors to submit invoices via the AN for catalog and non -catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third -party provider of MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third -party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. K. Product Installation & Invoicing: Contractor will provide timely billing and Customer will notify Contractor, in writing, of any billing concern. In order for Contractor to generate accurate service invoices, Purchasing Entities shall provide meter reads within the Contractor(s) requested timeframe. Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services Page 893 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB L. Contract Reporting: The Contractor shall report information on orders received from Customers associated with the ACS. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Dates MFMP Transaction Report Calendar month 15th calendar day of the month following the receipt of payment for the vendor's good or services. Contract Quarterly Sales State's Fiscal 15 calendar days after close of the period Report Quarter No favorable action will be considered for any contractor who has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees / monies that is required under the ACS. c. Contract Quarterly Sales Report: The Contractor agrees to submit a Quarterly Sales Report to the Department's Contract Manager within 15 calendar days after the close of each State Fiscal quarter. Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July -September) — due October 15th. Quarter 2 - (October -December) — due January 15th. Quarter 3 - (January -March) — due April 15th. Quarter 4 - (April -June) — due July 15th. Quarterly reporting requirements begin the date of ACS execution. Reports must be submitted in MS Excel format and can be retrieved by accessing the following link at L DMS Quarterly Sales Report Form. The report will include all sales (orders) from Customers received (associated with this ACS) during the period. Initiation and submission of the Quarterly Report is the responsibility of the Contractor without prompting or notification from the Department's Contract Manager. If no orders are received during the period, the Contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, this ACS may be terminated for convenience or the Department may choose to not renew the ACS. In addition, the Department may require additional sales information such as copies of purchase orders, or ad hoc sales reports. The Contractor shall submit these specific ad hoc requests within the specified amount of time as requested by the Department. d. MFMP Transaction Fee Report: The Contractor is required to submit monthly Transaction Fee Reports in the Department's electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendor on the MFMP Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services Page 894 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB website: MFMP Transaction Fee and Reporting. Assistance is also available with the Transaction Fee Reporting System from the MFMP Customer Service Desk by email at feel)rocessincimyfloridamarketr�lace.com or telephone 866-FLA-EPRO (866- 352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. M. Ad hoc Reports: The Department reserves the right to require additional reports or information pertaining to this ACS and any resulting purchase orders or contracts with customers. The Contractor must submit a report or information within five (5) business days after receipt of a Department request, unless otherwise approved by the Department. N. Financial Consequences: The following financial consequences will be assessed for nonperformance of the Quarterly Sales Report and Monthly Transaction Fee Report requirements. The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal. These consequences for non-performance are not to be considered penalties. The financial consequences will be paid via check or money order and made out to the Department of Management Services in US Dollars within 30 calendar days after the required report submission date. These consequences are individually assessed for failures over each target period beginning with the first full month or quarter of the contract performance and every quarter thereafter. These consequences of non-performance shall not be considered penalties. O. Business Review Meetings: The Department reserves the right to schedule business review meetings as frequently as necessary. The Participating State will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance. The Contractor shall address the agenda items and any of the Participating State's additional concerns at the meeting. At minimum, the parties shall meet to discuss: a. Program compliance b. Program trending review c. Savings report: Hard dollar and soft dollar d. Spend report e. Subcontractor and contingent staff performance f. Recommendations for improved compliance and performance Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services Page 895 of 1515 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 895 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB Failure to comply with this section may result in the Contractor being found in default and PA termination. P. Resellers/Partners: The Contractor may use resellers/partners in order to provide equipment and services. All resellers/partners shall be the direct responsibility of the Contractor. The Contractor is responsible for all liability, terms, and conditions within the ACS and the Customer Order. The Contractors resellers/partners' participation will be in accordance with the terms and conditions set forth in the ACS and the Customer Order. If a reseller/partner is authorized to conduct business on behalf of the Contractor and the reseller/partner is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the reseller/partner shall be resolved between the Contractor and the reseller/partner. The State of Florida is not a party to any agreement entered into between the Contractor and its resellers/partners. The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such resellers/partners and shall ensure that all such resellers/partners meet the following requirements: • Have an active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org) • Registered in the MFMP Vendor Information Portal (https://vendor.myfloridamarketplace.com) • Not be on the State of Florida's Convicted, Suspended, or Discriminatory lists ttp://www.dms.myflorida.com/business operations/State purchasing/vendor inf ormation/convicted suspended discriminatory complaints vendor lists • Have a copy of E -Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services (https://fivendor.myfloridacfo.com Q. All licenses obtained under this ACS shall be transferable to the extent necessary for any Customer reorganization under section 20.06, Florida Statutes. Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services Page 896 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB Exhibit B SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION...........................................................................................................................2 SECTION 2. CONTRACT TERM AND TERMINATION................................................................................. 2 SECTION 3. PAYMENT AND FEES.............................................................................................................3 �yx��Nl�[![�Lil��:7e\i��► Ie1�Ie�el�► I�� I �yx•1t�Nl►�.'i[•lil►�l»IeUNI��i�/��.��e\�i�� :i SECTION 6. MISCELLANEOUS..................................................................................................................7 SECTION 7. LIABILITY AND INSURANCE........................................................................................................... 9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY..............................................................................................................................................10 SECTION 9. DATA SECURITY..................................................................................................................12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS..........................................................13 �yx��Nl�ti�il[�Lil��:7e\i>t�► Nl�l�r•]:�I�[ [! pyx.��•�►��.�•�►��:�e�.�rem.�� .� SECTION 13. BACKGROUND SCREENING AND SECURITY...................................................................... 16 SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM .................................................... 17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. SP approved version 7-1-2019 1 Page 897 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. SP approved version 7-1-2019 2 Page 898 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB SECTION 3. PAYMENTAND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor's pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor's authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then -authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract's term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor's performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. SP approved version 7-1-2019 3 Page 899 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, who is primarily responsible for the Department's oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department's Contract Manager Name Department's Name Department's Physical Address Department's Telephone # Department's Email Address SP approved version 7-1-2019 4 Page 900 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor's Contract Manager. The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor's Contract Manager Name Contractor's Name Contractor's Physical Address Contractor's Telephone # Contractor's Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at ,h,o, 11 , // a ,irk ,U ,t , ll, irii, , , �irq. SP approved version 7-1-2019 5 Page 901 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers Is available at h t-tl M. . i �:�::"..:.r2. .: SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a) -(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, SP approved version 7-1-2019 6 Page 902 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. SP approved version 7-1-2019 7 Page 903 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will SP approved version 7-1-2019 8 Page 904 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers' Compensation Insurance. The Contractor shall maintain workers' compensation insurance as required under the Florida Workers' Compensation Law or the workers' compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers' compensation insurance for all of the latter's employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers' Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Not applicable. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any SP approved version 7-1-2019 9 Page 905 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the SP approved version 7-1-2019 10 Page 906 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be responsible for responding to and resolving all claims for access to Contract -related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State's Records Management website. 8.4 Intellectual Property. SP approved version 7-1-2019 11 Page 907 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. In connection with Contractor's professional services, deliverables are provided on a licensed basis, as set forth in Attachment A. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor's action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. "Security breach" for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post -incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer's or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. SP approved version 7-1-2019 12 Page 908 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor's promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non -Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time -frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of SP approved version 7-1-2019 13 Page 909 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department's delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the Department Customer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor's reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACTAUDITS. SP approved version 7-1-2019 14 Page 910 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida's Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor's employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re -screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E -Verify. The Contractor must use the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E - Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E -Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within SP approved version 7-1-2019 15 Page 911 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB five (5) calendar days to the Contract Manager identifying the new hire with its E -Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; Q) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. ATTACHEMENT A Professional Services IP Terms This attachment provides terms regarding intellectual property rights when providing SP approved version 7-1-2019 16 Page 912 of 1515 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB professional services to Customer. Definitions: "Deliverables" means any reports, analyses, scrips, templates, software or other work products, tangible or intangible, to be delivered by Extreme to Customer as set forth in the SOW. "Intellectual Property Rights: means all worldwide intellectual property rights including copyrights, trademarks, service marks, trade secrets, know-how, inventions, patents, patent applications, moral rights and all other proprietary rights, whether registered or unregistered. "Party" means Contractor or Customer individually. Grant of License Rights in the Deliverables. Contractor grants Customer a nonexclusive and nontransferable license to use the Deliverables specified in the Agreement (in object code if any software is provided) for Customer's own internal use. This license grant does not include the right to sublicense and is nontransferable. For Deliverables that are to be used with an Extreme subscription license and/or subscription service, the term of this license is revocable, and shall be for the same duration as the applicable subscription license/service (not perpetual) that Customer has purchased, and shall expire at the end of the subscription license/service. For Deliverables that are not intended for use with a subscription license or subscription service, this license is irrevocable (except in case of breach of the Agreement) and perpetual. 2. This license confers no title or ownership in the Deliverables and will not be construed as a sale of any rights in the Deliverable or the media on which it is recorded, printed, or otherwise provided/transmitted. All copyrights and other Intellectual Property Rights existing prior to the date of performing the Services shall belong to the Party that owned such rights immediately prior to the date of performance of Services. Neither Party shall gain by virtue of these terms any rights of ownership, patents, trade secrets, trademarks or any other Intellectual Property Rights owned by the other Party. Contractor shall own all copyright, patent, trade secrets, trademarks and other Intellectual Property Rights, title and interest in or pertaining to any techniques, know-how, software, inventions, processes, data, design, diagrams, documentation and all other information and materials created by Contractor in performing the Service hereunder. 3. This license does not apply to any other Contractor products or items licensed or otherwise provided, under a separate agreement. Notwithstanding anything herein to the contrary, open source software is licensed to the Customer under that open source software's own applicable license terms. SP approved version 7-1-2019 17 Page 913 of 1515 NASPO Summary Price List The entire Extreme Networks NASPO contract price list can be found at https://s3-us-west- 2.amazonaws.com/naspovaluepoint/1642523511_Extreme Networks - Price Catalog (December 2C 5420F-24P-4XE ExtremeSwitching 5420F 24 10/100/1000BASET FDX/HDX PoE+ 2 stacking/SFP-DD 4 10G unpopulated SFP+ MACsec capable internal fixed PSU fans 1 unpopulated modular PSU slot. Includes 1 year XIQ Pilot cloud subscription. $6,042.00 97004-5420F-24P-4XE EW NBD AHR 5420F-24P-4XE $261.00 XN-ACPWR-600W 600W AC PoE PSU supported on PoE models of 5420 switches $1,114.00 10099 Power Cord 15A USA NEMA 5-15 IEC320-C15 $29.00 5420F-48P-4XE ExtremeSwitching 5420F 48 10/100/1000BASET FDX/HDX PoE+ 2 stacking/SFP-DD 4 10G unpopulated SFP+ MACsec capable internal fixed PSU fans 1 unpopulated modular PSU slots. Includes 1 year XIQ Pilot cloud subscription. $9,290.00 97004-5420F-48P-4XE EW NBD AHR 5420F-48P-4XE $407.00 XN-ACPWR-920W 920W AC PoE PSU supported on PoE models of 5420 switches $1,361.00 10304 10 Gigabit Ethernet SFP+ passive cable assembly 1m length. $166.00 Page 914 of 1515 )21).xlsx 38% $3,746.04 12% $229.68 38% $690.68 38% $17.98 38% $5,759.80 12% $358.16 38% $843.82 38% $102.92 Page 915 of 1515 Qtv Part Number 16 Extreme 5420F-24P-4XE 16 97004-5420F-24P-4XE 16 XN-ACPWR-60OW 62 Extreme 10099 15 5420F-48P-4XE 15 97004-5420F-48P-4XE 15 XN-ACPWR-920W 6 Extreme 10304 Quoted Amount $48,336.00 $3,633.12 $8,912.00 $899.00 $69,675.00 $5,311.35 $10,207.50 $498.00 Per Unit Quoted $3,021.00 $227.07 $557.00 $14.50 $4,645.00 $354.09 $680.50 $83.00 Page 916 of 1515 Contracted Amount $3,746.04 $229.68 $690.68 $17.98 $5,759.80 $358.16 $843.82 $102.92 Page 917 of 1515 Subcontractor/Dealer/Reseller Information Form MANAOEMENT CoattactN111: Data C—,i-ions -d- and Se.. Ices SERVICES Contract Number: 43220000-NASPO-I9-ACS CoM actor Name: Lxtreme Networks, Inc 11 11 11 I1I I: AS.I ItI l I j HIV I I II; I1IItIN 1 Y 111- IIV I1 x I I I I )MVIAl I)NI ..V""" Page 918 of 1515 7.B. Requested Action by Commission: Approve an increase to the Sages Networks, Inc. agreement to include enterprise -wide licensing in order to provide for monthly functional support and unlimited staff licenses from $104,160 to $120,000 annually. Explanation of Request: The Department recently implemented SagesGov, which is an efficient e -permitting software to better serve customers. Initially, the Department purchased forty (40) user licenses as part of the agreement, which provided sufficient licenses primarily for the Development Department, but also a few others from other departments/divisions, specifically the Building Division and their contract inspectors, Public Art, Engineering, Utilities, Fire and Public Works. Since the Department fully implemented the SagesGov e -permitting solution in January 2022, staff has experienced tremendous improvements in the permitting process by being able to now modify and develop custom tailored workflows. This means that the city will now be able to develop processes to issue permits not just in the Building Division, but also other departments/divisions for greater streamlining of processes and to eliminate the use of paper. There are currently users in various departments outside of Development that will require access to SagesGov and the increase is required to accommodate all of the city's permitting needs. Having unlimited licensing will allow the city to further expand services by utilizing SagesGov as a one -stop - shop for most of the city's permitting needs, without the need to monitor the number of licenses. Other divisions/departments that will be using SagesGov for their various permitting needs are: Planning & Zoning, Engineering, Fire and Utilities. The following summarizes the Department's licensing request: The City initially requested forty (40) licenses and now needs a total of fifty-two (52) licenses for users in other departments. The additional cost to increase those licenses pursuant to the current agreement would total $34,560 annually. The additional cost to have unlimited licenses by going enterprise will be $15,840 annually. Therefore, amending the agreement to include enterprise licensing would represent a savings for the city rather than purchasing them individually. How will this affect city programs or services? Having the flexibility to have unlimited user licenses under the Enterprise License agreement will enable users across various departments, including our contractual service vendors, to use our e -permitting system to process customer applications, plan reviews, inspections, etc. Fiscal Impact: The Building Division Fund (130-2411-524.46-91) has budgeted funds for this request and other Departments will also contribute their share, if needed. Alternatives: Deny the request and have limited access for other staff to use these services. Page 919 of 1515 Strategic Plan: High Performing Organization, Public Health and Safety , Environmental Sustainability Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Contracts Vendor Name: SagesGov Start Date: End Date: Contract Value: Minority Owned Contractor?: Extension Available?: Extension Explanation: Attachments: Type ddasir:dUlirn ttach irTIENI'lt Description a gE)S(:.')ov gir'E)E)irT1E)1[':t SagE)S(:.')0V II.....liCE)1r'1§iir':g QP60111S Page 920 of 1515 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SAGES NETWORKS INC. FOR ELECTRONIC PLAN REVIEW SUBMITTAL MANAGEMENT SYSTEM CONTRACT NO. 034.2490-19fEM THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as `the City", and Sages Networks Inc., 50 Hurt Plena SE, Suite 1446, Atlanta, GA 30303, hereinafter referred to as "Vendor', in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to provide Phase 1 of a Electronic Pian Review Submittal and Markup Management System with Mobile Inspection Software as further detailed in Exhibit "A' Sages Networks Best and Final Proposal Submitted on September 04, 2020; Exhibit "B" Sages Networks Submittal and Exhibit "C" Request for Proposal (RFP) 034-241 D491EM. 2. SCOPE OF SERVICES. Vendor agrees to perform the services, Identified on Exhibit "A` Sages Networks Best and Final Proposal Submitted on September 04, 2020, attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this Agreement effective upon City Commission approval on September 15, 2020. 4. TERM. The Initial term of the contract shall be for one (1) year effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for four (4) one-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as deterntined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. 5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services rendered under this Agreement as follows: a. The amount of $154,660 for the initial term of one (1) year and with an option to renew for four (4) additional one-year terms for an annual amount of $104.1$D for a total amount of $571,300 over the total potential five (5) year term of the agreement, shall be the total amount of payment to Vendor for services provided under this Agreement for the entire term of the Agreement accordance with the payment schedule in Exhibit "D" - Fees and Payments. b. Payment for the work provided by Vendor shall be made promptly on all Invoices submitted to the City properly, provided that the total amount of payment to Vendor shall nal exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. c. The Vendor 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 Vendor in the amount approved. d. Final payment of any balance due the Vendor 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. (00104531.1 I96JM I El l! Page 921 of 1515 e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Vendor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years atter the termination of the Agreement. Copies will be available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. AN documents, drawings, specifications and other materials produced by the Vendor 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 Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use In connection with Vendor's endeavors. 7_ COMPLIANCE WITH LAWS. Vendor shaa, 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. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney Bees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor_ 9. INSURANCE. The Vender shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,D00 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability Insurance in the amount of $1,000,000 per occurrence to $2,000.800 aggregate with defence costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting canceflation of sald policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shalt 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 Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona irate employee working solely for the Vendor any fee, commission, peroentage, brokerage fee, gifts, or any other consideracon contingent upon or resulting from the award or making of this contract IMMS11.1 """1221) Page 922 of 1515 For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, In its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by It under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shalt 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. IS.TERMINATION. (a) Termination for Cause: The City may terminate this Agreement for cause by sending (3 0) days written notice to the Vendor of the default in the performance of any term of this Agreement. (b) Termination for Convenience: This Agreement may be terminated for convenience by either party at any time with (30) days' written notice to the other party. In the event of terniination for convenience, the City will pay the Vendor for services actually performed. The City will compensate partially completed performance, actually performed, based upon a signed statement of completion submitted by the contractor, which shall itemize each element of performance completed, subject to the City's approval. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17, NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: A Harsh Krishna „Sges hlr3iwortcs„Irec.. 50 Hurt Plaza SE. Suite 1446 I Athan: GA 30343,., Tel: 444-892-61$4 x 1,01 678- N/ 471-7392 111 maitto hkrishna esnetworksm 18. INTEGRATED AGREEMENT. This agreernent, together with attachments or addenda. {oo44311.130MM 12211 Page 923 of 1515 represents the entire and integrated agreement between the City and the Finn 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 Firm. 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 Cly is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florlda's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain pubic records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such oonfidential 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 Contractees possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of pubic records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBBON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 20. SCRUTINIZED COMPANIES — 287.135 AND 215.473 [Oo"T01.1 U&SWIR11 Page 924 of 1515 J7 �77'11' CITY OF BOY Ott BEACH SAGES NETWORKS INC. 8� Auftdzed Offidel L Lave re, Cay Ilan. of . ....... . ............... 4we3 t4 kica I*vA Nam a'AUMDdad Offidal AlleattAuftdcated: Pt &FS I DeW -r Twe dW.0e . ..... . (copx3ba seaD C90s] Gibson, Ck Cleark Approved as to Form: AffeWAUUMUCded: d6iiilal Jlftmey Vftm, . ........... w4x"].l mmllzl# Page 925 of 1515 Sages Networks Best and Final Proposal Submitted on September 04, 2020 [00404531,1 306-9001821 Page 926 of 1515 Electronic Plan Review Submittal and Markup Management System RFP No.: 034-2410-191EM Best and Final Proposal Submitted by: SAGESNETWORKS Sages Networks Inc. 50 Hurt Plaza SE, Suite 1446 Atlanta, GA 30303 Tel: 404-892-6184 x 101 1678-471-7392 Email�;�u�::e�,.:�� tVuoH.. C t!M.. Fax: 404-596-8649 Submitted on 9/4/2020 Updated on 10/15/2020 Page 927 of 1515 Table of Contents BEST AND FINAL PRICE PROPOSAL Table 1: Phase I - SagesGov Electronic Plan Review, Permitting, Mobile Inspections, Certificates and Markup Management System Software Subscription 3 Table 2: What is included in the SagesGov Software Subscription? 3 Table 3: Phase 1- Professional Services: Initial Setup, Configuration, Training, UAT & Go Live 4 Table 4: Phase 1 - Software Subscription, Technical Support, Maintenance, Functional Support & Professional Services for 5 years 4 Table 5: Phase 2 - Professional Services: Configuration, Training, UAT & Go Live 4 Table 6: Optional Modules and Other Professional Services 4 Table 7: Optional SagesGov Laserfiche Integration module 5 SagesGov Electronic Plan Review Submittal and Markup Management System 2 d Sages('Aa r Page 928 of 1515 IRESTAND FINAL PRICE PROPOSA 1, T',able 1: Phasc IS4ag,1,esGov Bectronic ["Jan Rrvievv,Permilting, Mobile Inspections, erfiricales wnd Nharhup, INtanagemerit Sysle:m Sc-dhvaire Suil'),scription Item Description Quantity Unit Line Total Price 'SagesGov Plan Reviewer, Permitting, Mobile Jnspections and Certificates Subscription that includes the following modules: ;6 Public Portal, Role based system, Online Submission of drawing files, supporting documents, Intake, Routing, Electronic Plan Review, Markup Management, integrated with Bluebearn Revu, Markup, Comparison, 30 Regular + 2 $240 per $7,680/ 1 Overlay, Checklists, Predefined Comments, Meetings, 'Floating user / month for Notices, Emails & Alerts, assign coordinators, Assign :Licenses month 40 Users Reviewers, Manage Reviewer workloads, Permits, Mobile Inspections, Certificates Custom application and data forms, auto add Reviews, History, Search, User Dashboards, Standard Reports and Administration module. .0 Technical SupjVrt, Maintenance& Upgrades Regular License. Once license per named user. This license cannot be shared. 2 Floating License. For every 10 -regular licenses, you are eligible to purchase a floating license that is shared amongst 5 users. Once a floating license user lolls in to SagesGov their license is released the next day. Functional Support after Go Live 3 .(minor configuration changes to application forms, emoils, 5 hours $200 $1000/ :workflows, .workflows, plan routing rules, checklists, how-to questions, month month ,14;in questions, file upload questions etc.) 4 External User License: Unlimited $0 $0 0 Citizens, Designers, Architects, Builders and En�� ineers 9 Total $8,680 per month for 40 Users Tabde 2: Whall ops hichaded in fbe Saj,.,�,es(yov Softmarc :Cost of Storing Drawing files and project documents. Cost of Hardware, Server Software, Database software and Hosting.Costs in the Microsoft Azure Cloud. Cost of Personnel to manage Azure Cloud Infrastructure such as Servers, Network, Hardware, Storage and keep them ,u,p to date. Costs to handle software development, upgrades, and patches to the SagesGov product evety, 6 months. Cost of Personnel to Manage backup and disaster recoveiyin the Azure Cloud. ......................................... Costs of Rent, Power, Air Conditioning and other Microsoft data center costs,riertaininS, to the Azure Cloud. Fable 3: Pbase I - F`rofc;�siorual Services: Initial Setup, Traininlo, I A'117& Go Lh,(�� Item Description Quantity Unit Price Line Total 'Service: SagesGov Base Setup and Configuration, Disciplines, 1 1 $7500 $7,500 File Tyj.,pe, Users and Roles 2 Service: Setup Workflow processes, Application forms, Emails, 3 $4000/ $12,000 Alerts and Notices for B13FL, Checklists, & Plan Review Reports process 3 Service: Integration with Fusion REST Web services for the 1 $15,500 $15,500 SagesGov Electronic Plan Review Submittal and X1 Sagest Markup Management System 3 Page 929 of 1515 .following: Create Application; Update Fees; Update Review Cycle 'Completed . ................................. ......... Service: Integration with ESRI ArcGIS or Naviline for address 4 validation (geocoding) and loading map in SagesGov maps tab 1 $7,500 $7,500 using ESR1 REST Web services. .... .............................................. ...... 5 Training: SagesGov & Bluebeam Revu Training 3 hours per 2 sessions $1000/ $2,000 session. J'With a maximum of,15"users per sessionf,", session ---- — -------- Professional Services and project management during 6 requirements gathering, workflow analysis, translating 40 hours $150 / hour 6,000 requirements into technical sj,;�ecs, UAT support ,&,gr'o live .... ....... ........................................................ Note: Due to the risk of COVID-19 exposure during travel and the risk of passing COVID-19 to others during travel, Sages will perform all professional services for Phase 1 of the Project from I.Atlanta, GA Total $50,500 lone time)" `Lible 4: Mime I -Soff",are Siibser,°iption, 'I"o,^carm it°aI Support, Maintenance, Functional Support & Professimud Services fin5years 'Year Subscription, Functional Support Professional Total Technical Supportand Maintenance, Services 1 x$92,160 1$12,000 $50,500 $154,660 2$92,160 1$12,000 $104,160 .................. . ...... ................. . ..... '3 $92,160 1$12,000 $104,160 4 $92,160 $12,000 $104,160 I5 $92,160 -$12,000 $104,160 'A"able-5: Mise 2 Pndcsskonal Services: i r1k14i011, 1"I'a Ull 11g1 U/NT AR Go -Live 'item Description . -1 Quantity Unit Price . Line —Total ........... 1 !Training: SagesGov & Bluebeam Revu Training 3 hours per 1 session $1000/ $1,000 !session. JWith a maximum of 15 users per session .. ...... .........J session !Professional Services to create Permit cards, Inspection 12 ? tickets60 hours $150 hour $9,000 ?and Certificates of occupanC,and completion i i Professional Services and project management during 3 irequirements gathering, workflow analysis, translating 40 hours $150 hour 6,000 requirements into technical specs, UAT support & go live Note: Due to the risk of COVID-19 exposure during travel and the risk of passing COVID-19 to lothers during travel, Sages will perform all professional services for Phase 2 of the Project from 'Atlanta, GA Total $16,000 _(,one time) f° al.,ple 6: Optional'Modules and Other Professional Scnicles Item 'Description Quantitv Unit Line Total Training over a period of 1 year: This }Instructor led Hands on Training; Follow up training TBD !after Go Live; Hands on training in Live scenarios; l"rkshop for Citizens & Builders; Multiple Training !Paths based on Role. ,Data Migration: We recommend a phased 2 !implementation of the SagesGov solution: TBD Phase 1: Electronic Plan Review" (no, data SagesGov Electronic Plan Review Submittal and Markup Management System 4 $250/ TBD hour $150/ TBD hour J"I Sages(..,,. Y,,Y Page 930 of 1515 ,migration) Description =Phase 2: Permitting & Inspections (data migration n from Permittinl�,; and Inspection system as needed Price Total 3 Phase 2 Professional Services $150/ TBD TBD hour ;Product: SagesGov integrated Comments and ;Responses module. Track comments and responses 4 by applicants for each review cycle. Applicants 1 $15,500 $15,000 cannot re -submit revisions without responding to all comments. Comments can be marked internal, response rew luired or closed by the Plan Reviewer. SagesGov File store hosted in Azure Cloud and uploads them to Product: SagesGov integrated FTP module to ,5 securely FTP approved zip files to the City of 1 14,750 $14,750 ;Boynton Beach network at the end of the review 4 SagesGov updates Laserfiche Metadata and can apply security tags at .circle. :6 Product: SagesGov integrated DocuSign module 1 $16,750 $16,750 (does_not include cost of envelol)es7 templates can be configured per process/project type. `Travel: 3 -day onsite visit to Boynton Beach, 7 :includes airfare from ATL, travel, government rate . 3 $1,450 $4,350 :lodging and boarding per person. (see note on integrate with the Laserfiche document repository. UID -19 travel`p Table 7: Optional S,-,igesG'4)v Laserflebe lnljr�,gradon module It;e Description Quantit Unit Line n Price Total SagesGov Laserfiche Integration module that includes the following: • Automatic scheduled job runs nightly and gets the list of completed projects for the previous day that are ready to be archived to Laserfiche. • Obtains a listoffles/documents associated with the projectsfrom SagesGov File store hosted in Azure Cloud and uploads them to Laserfiche Repository over secure (https) connection. 4 SagesGov updates Laserfiche Metadata and can apply security tags at the file/folder level Destination path for Laserfche archival, Metadata 1 $12,250 $12,250 1 templates can be configured per process/project type. Module (One is SagesGov uses Laserfiche Software Developers Kit (SDK, version 10.2) to Module Time) integrate with the Laserfiche document repository. • SagesGov integration with Laserfiche uses the following Laserfche SDK libraries for archiving project files/documents: .NET: Repository Access .NET. Document Services Note: We may need approval to proceed from Laserfiche prior to the start of .integration for the City of Boynton Beach. 'Professional Services Includes f nalizing requirements, configuration, $150/ $6000 40 hours (One 12 setup, project management, testing and go -live for Boynton Beach FL month time) "3 Annual Maintenance of the SagesGov Laserfiche Integration module: 1 $2450/ $2450 Module year (per year) Tota[ $20,700 SagesGov Electronic Plan Review Submittal and Markup Management System 5 Sages' Page 931 of 1515 From Contract 30 Licenses 2 Licenses d9l Sages"-,✓ 40 For every 10 -Regular licenses, you are eligible to purchase a floating license that is shared amongst 5 users Cost of subscription as per contract per year $92,160 + FS *FS is functional support - 5 hours per month for total of $12,000 per year From List sent by COBB on 1/19/2022 46 Licenses 7 Licenses 52 Additional Licenses needed 12 Cost of Additional Licenses / year $34,560 Total Cost for 52 Users per year $149,760 + FS Enterprise License cost for Population up to 100,000 — Unlimited Users $120,000 + FS Savings by going Enterprise Licenses per year with unlimited users $29,760 / year Additional cost by going Enterprise Licenses with unlimited users $27,840 / year „CDiJ aov�sr E A ` " Page 932 of 1515 i/2o/ 2022 7.C. Requested Action by Commission: Approve the issuance of a purchase order to Graybar Electrical Company of West Palm Beach, FL utilizing US Communities cooperative purchasing program contract #EV2370 for electrical/lighting supplies to upgrade and retrofit the existing street lights on Ocean Ave, in the amount of $143,096.39. US Communities contract satisfies the City's procurement requirements. Explanation of Request: On June 15, 2021, City Commission approved an I nterlocal Agreement between the City of Boynton Beach and the CRA (R21-058) for streetscape improvements on Ocean Ave. The project includes the purchase of materials to upgrade and retrofit the existing street light poles with new decorative arms and LED fixtures to match the street lights installed as part of Town Square project. The upgrades will provide enhanced street lighting and pedestrian level lighting along Ocean Avenue from N E 1 st Street to Federal Highway. Due to long lead times on materials and to take advantage of tax savings City Staff are requesting the purchase of the materials in advance of selecting an electrical contractor. Staff have obtained three (3) quotes for the installation of the retrofit kits and are in the process of securing a purchase order through the Finance Department. How will this affect city programs or services? This project will remove the existing street lights and replace them with energy efficient LED lights that match the lights install in the Town Square Project. Fiscal Impact: The funds are budgeted and will be taken from account No. 302-1214-580.63.00 Alternatives: Defer the improvement to a later year. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 933 of 1515 Grant Amount: Attachments: Type D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt Description AttachirTIENI'lt 1 OC'2,ain Ave, Stir'E)E)t I ight IRE)�PbCENrTIENI'ltFliroposal� AttachirTIENI'lt 2 ALAth I E)ttENr aind Cointract Attac,hirTIENI'lt 3 Priciing Stir'Ulcklr'E�l AttachirTIENI'lt 4 US CoirnirTIL.Jll['lRiE)S AttachirTIENI'lt 5 US CoirnirTIL.Jll['lRiE)S (3)iraybair AttachirTIENI'lt 6 IE)dst aind FlrolPOSEd lights, aind Map Page 934 of 1515 This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24 -Hour Emergency Phone#: 1-800-GRAYBAR This Graybar quote is based on the terms of safe in the EV2370 Master Agreement which can be found by clicking the link found at https:/lw.vw.omniapartners.com/hubfs/PUBLIC°/n20SECTOPJSupplier*/n20information/Graybar/EV2370_Graybar MAD_2017 12_20.pdf Page 1 of 3 Page 935 of 1515 (9 Gr,%,4)aR- 1871 OLD OKEECHOBEE RD WEST PALM BEACH FL 33409-5227 Phone: 561-472-3800 Fax: 561-683-5845 To: CITY OF BOYNTON BEACH/180 Date: 01/04/2022 100 EAST BOYNTON BCH BLVD Proj Name: OCEAN AVE RELIGHT (2) 130YNTON BEACH FL 33435 GB Project Qte#: 0239654347 Attn: Mike Taylor Release Nbr: Phone: 561-742-6400 Purchase Order Nbr: Fax: Additional Ref# Email: Valid From: 01/04/2022 Valid To: 02/03/2022 Contact: DREW ELLER Email: drew.eller@graybar.com Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Notes: 1 ST TO FEDERAL WITH PEDESTRIAN FIXTURES (BERN 3) Item yltemlType QuantlwB „ Sursp:lier Catalo: Nbr.n Descrn tion Price Unit a Ext.Price 100 74 EA HOLOPHANE GBLF3 P20 40K $1,234.94 1 $91,385.56 MVOLT ASY QSM BK ***Item Note:*** FIXTURE GlasWerks® Luminescent LED Berng), P20 performance package, 4000K, 120-277V, Asymmetric, Quick stem mount, Black 200 .... .... 37 EA HOLOPHANE WLDF QSM BK $174.70 1 $6,463.90 ***item Note:*** FITTER West Liberty decorative arm fitter, Quick stem mount, Black 300 37 EA HOLOPHANE WLC 481N 1A TN $716.87 1 $26,524.19 BK ***Item Note:*** SINGLE ARM West Liberty Roadway Arm, tenon mount, 481N, Single arm, Tenon mount, Black .......................... 400 37 EA HOLOPHANE WLC 241N 1A CL $506.02 1 $18,722.74 BK ***Item Note:*** PEDESTRIAN ARM West Liberty Roadway Arm, tenon mount, Single arm, Black This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24 -Hour Emergency Phone#: 1-800-GRAYBAR This Graybar quote is based on the terms of safe in the EV2370 Master Agreement which can be found by clicking the link found at https:/lw.vw.omniapartners.com/hubfs/PUBLIC°/n20SECTOPJSupplier*/n20information/Graybar/EV2370_Graybar MAD_2017 12_20.pdf Page 1 of 3 Page 935 of 1515 To: CITY OF BOYNTON BEACH/180 100 EAST BOYNTON BCH BLVD BOYNTON BEACH FL 33435 Attn:-A+!cke Taylor Date: 01/04/2022 Proj Name: OCEAN AVE RELIGHT (2) GB Project Qte#: 0239654347 Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Total in USD (Tax not included): F O B: FREIGHT ALLOWED PER MANUFACATURER Delivery: ESTIMATED LEAD TIME 30-45 DAYS PER HOLOPHANE $143,096.39 This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more ininnna@on call 1$00-241-7408 to speak with a leasing specialist, To learn more about Graybar, visit our website at www.graybar.com 24 -Hour Emergency Phone#: 1-800-GRAYBAR This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https:ttwww.omniapartners.com/hubfs/PUBLIC%a20SECTOR/Supplier%20inforFnationtGraybariEV2370_Graybar_MA©_2017_12 20.pdf Page 2 of 3 Page 936 of 1515 Mooft, Gail From: Brown, Andy <Andy.Brown@graybar.com> Sent: Monday, April 09,2018 10:25 AM To: Mootz, Gail Subject: US Communities ME W4 to] I I Alo(el i ;Mii I Iola Andy Brown I Is"', f !rhi 61011 QMWb3R H Lot 60,;6(aAcr- p W WO Page 937 of 1515 � ccyy } 'Io" �,7 .�••h�PL�.I, a,7 7 FAIL '-'�a 1,1;=': Contract (b) CONTRACTOR% Proposal dated 0dober 0. 2017, VW Is afthed Imalo end Incorporated Into thin Conbact RFP No. EV2370 that In Incorporated ho this Contract by ralbrionon; +any CITY bound Order (a) any CITY rCONTRACTORamulaidWork OrderrIncorporated 141 .CITY Issued Purchase Order. dall Aftoohmentsend Exw F ii:c ■ tothe Contract. documents :_I if. L: 6 A. i'.: SeMon I shall be oullooftly vollorvad 1W an the TonbvA DocumsrW and am Incorporated Contract.Into this CONTRACTOR + "Co~ and TAmIlract DocumenW am used InteraharesaW In this Contract and the bm w "ConlreW'Contract.DocumsirWsathInclude@M TAnbact t o w- I'I ('All 01 1 . MFA 1'vs b) Ronaml TOM At any time priorur Me expirationbf the Initial term or @rW subsequent Ilerm,the ■ discretion. lrenewthis Contract for up to three two (2) year torms. µµ��Vpp � ft 66kiTOM OCR .... .. .... Ilii ,. .,.. .... ,...._ ................ .... ............. ...... ( IE. Page 938 of 1515 IiiNiwNim 1 it ,t to dollar •.r / 'fk t ! r7--717 Iv 4 �r11- r . -V #I+ A=.F v + ♦ r jT.7 -.7,-V7777r. I 7W, I ♦ `! 77-13j;; v s i. 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I - 171-1 557,71177 ,777 j— "FT;jT7jj,,`�o,,j= F71- 7 77 7 -FM -:;l ii 75 mi Page 946 of 1515 i Page 951 of 1515 IOJW�7l7_ 71177,777, - -`I r1F77F,_7'777T*' Aq , 17M i7�-=,�t,—.T,71—i77ill,17--�77iFi,7,477 w 7717-1: � 71 1 il,-, V z, 11 71 7"j -I 1 1. 0 ,A 1, 4� ( T,! I Z,:, 7 'j, 7 j j7 7-77-im. 11'1 t*J i i Wl',#� i OA LZ�17_177771117117_ 771 & 77 = -Y, i -y-A I ,1; 717-7- =7 i7i T -7 -77171 -IN -jila7=77 L771-12 1711 - 7=7 #!77: vii: 71-imm, 12 77 7,71, 7,Xrr, r70, 1,,-, j;7 -11-'7 7117. 7 17jjj:s ill I r 7 7a ,, 7. TT r- Z.3147711777' 11,11 . . . . . . . 7�7, I##Ill RYA'Al 11-1117 -774 77 5 17771.77 77, 71 C. 1 iw , , r rT, -.11 q I =7 77. 1 _T7T7,_y ;,7_ ft 117 r77r =. T ILI !L�Tfi J�L T. L: L IVI iH Fr M7.7. 777= A -L 7-Aw 9= I U77i 77. - 1 -111111 'Ali [,Ill 11 r, A T47*1 fill -]I I Clilk"'ji its lil 057 - CIFi—L-11 11#4 1 5 'A jZr- �,,;7,�,1:777 itil 17"It— 77, --,777. 'k 1551.10�, lil 111- If :'I �.,J, I I 77, 1 F i, ti -Tww 7,777M T 77717,7 . . . . ............... _ ... . . . . . . . ......... . ...... ..... .. Page 956 of 1515 (i m 'A 4 11 1 0 1 iiii2 » �\� IR I^\,..,_� I� � Page 957 0 1515 CITY OF KANSAS CITY/ U.S. COMMUNITIES PROGRAM CONTRACT NUMBER EV2370 / Section 8 SUPPLEMENTTO APPENDIX B-1 ELECTRICAL & LIGHTING SUPPLIES GRAYBAR ELECTRICT COMPANY, INC. LIGHTING MANUFACTURE DISCOUNT SCHEDULE (Manufactures listed are included but not limited to) PRICING IS COST PLUS NOT TO EXCEED 23% Manufacturer Narne OENERGY LIGHTING INC Manufacturer Name EMPIRE ELECTRIC SERVICES Manufacture, N— LAST STOP LIGHTING Manufamrer Name PRECISION OUTDOOR LIGHTING, INC 1 STOP LIGHTING ENCAPSULITE LAURA LEE DESIGN PRECISION PROJECTION SYSTEMS INC 100 WATT NETWORK ENCELIUM TECHNOLOGIES LAUREN ILLUMINATION PRECISION -PARAGON P2 1000BULBS.COM ENCON FABRICATION LBL LIGHTING PREFERRED LIGHTING GROUP 1254 INDUSTRIES ENCORE BROADCAST EQUIPMENT SALES LCD LIGHTING INC. PREFERRED LIGHTNING PROTECTION 1ST SOURCE LIGHTING ENCORE LIGHTING LDA INC PREMIER ARCHITECTURAL LIGHTING 20TH CENTURY LIGHTING, INC ENDURALITELED LDP ASSOCIATES INC PREMIER LIGHTING 2M LIGHTING ENERGETIC LIGHTING LDPI INC PREMIER LIGHTING GROUP INC 2MODERN LIGHTING ENERGIE, LLC LE LAMPISTE PREMIER LIGHTING SALES 2ND AVENUE LIGHTING ENERGIZER BATTERY INC LEA LIGHTING & ELECTRICAL ASSOCIATE PREMIER PUMP & SUPPLY INC 3-1) LIGHTING ENERGY EFFICIENT GROUP LED CONVERSIONS PREMIERE LIGHTING 3FORM LIGHT ART ENERGY EFFICIENT LIGHTING LED DYNAMICS PRG INTEGRATED SOLUTIONS 3G LIGHTING ENERGY FOCUS INC LED ENERGY REVOLUTION PRG LIGHTING ORLANDO SYSTEMS 4K LED TECH LLC ENERGY LIGHTING LED GLOBAL SUPPLY INC PRIMA LIGHTING CORP 4WALL ENTERTAINMENT LIGHTING ENERGY PLUS LED INCORPORATED PRIMELITE MFG CORP 8656452 CANADA INC DBA ALICO LIGHTI ENERGY PLUS LIGHTING LED INSPIRATIONS I PRIMUS LIGHTING INC A & L LIGHTING LTD ENERGY SAVING DEVICES LED LIGHT & POWER PRINCIPAL LED LLC ATO T LAMPS ENERGY SAVING LIGHTING LLC LED LIGHTING GROUP LLC PRIORITY LED LIGHTING I Page 958 of 1515 CONSOLIDATED ARCHITECTURAL HENNEPIN MADE MOUNTAIN LIGHT COMPANY THORLUX LIGHTING CONSTELLATION LIGHTING HENSCHEL-STEINAU ILLUMINATION MOUNTAIN STATE LIGHTING THORN EMI CONSTRUCTION ELECT PRODS HERA LIGHTING INC MOUNTAIN STATES LIGHTING AGENCY' TIEBER LIGHTING CONTARDI USA HEREMA MP LIGHTING TIMES SQUARE LIGHTING CON-TECH HERITAGE CASTING & IRONWORKS LTD MPM FOOD EQUIPMENT GROUP TITAN LED CON-TECH SYSTEMS INC HERWIG LIGHTING MR LIGHTBULB TIVOLI LLC CONTEMPORARY LIGHTING HESS LIGHTING It INC MRS AIRFIELD LIGHTS & SUPPLIES, LLC TMS LIGHTING CONTEMPORARY LIGHTS AND STAGING HEVI LITE, INC. MSK ILLUMINATION INC TO BE DELETED CONTINENTAL LIGHTING SYST HIGH ENERGY GROUP LLC MTE CORPORATION j TOCOR LIGHTING PRODUCTS CONTINENTAL POLE & LIGHTING HIGH 0 LIGHTING MTI THE PROTECTOR CO TOGGLED CONTRACT LIGHTING LTD HIGHLIGHT INDUSTRIES WTRONICS INC TOKISTAR LTG INC CONTRAST LIGHTING HIGH-LITES MULBERRY METAL PRODUCTS TOLTEC LIGHTING CONTROL SERVICES INC HIGHPOINT DECK LIGHTING MULCAHY COMPANY TOP BRASS LIGHTING CONTROL TECH AUTOMATION HIGHTOWER MULE EMERGENCY LTG CO INC TOP LIGHTS INC CONTROLLED LIGHTING CORP HIGHWAY TECHNOLOGIES MULTI ELECTRIC MFG CO TOPAZ LIGHTING WEST CORPORATION COOL LIGHTS USA HI-LITE MFG CO INC MULTI-LITE TOPAZ LTG CORP COOLEDGE LIGHTING INC HILUMZ LED LIGHTING MUNDO ILLUMINATION - TOSHIBA INTERNATIONAL CORP CORDAY LIGHTING HINKLEY LIGHTING MURPHY LIGHTING SYSTEMS TOTAL LIGHTING CONCEPTS CORE LIGHTING GROUP INC HITLIGHTS MUSCO SPORTS LIGHTING TOTAL LIGHTING CONCEPTS INC. OF CAL CORELITE-COOPER LIGHTING HOFFEND & SONS INC. MYPROJECTORLAMPS.COM TOTUS SOLUTIONS CORONA LIGHTING HOGARTH LIGHTING N. GLANTZ & SON LLC TOUCHE LIGHTING CONTROL CORONET INC HOLBROOK ASSOC INC Nl CRITICAL TECHNOLOGIES INC TOUCHE' LIGHTING CONTROL CORPUS CHRISTI ELECTRIC CO INC HOLLERN SALES, INC. NACK LIGHTING CO TOUCH PLATE LIGHTING CONTROLS COSTLESS LIGHTING INC HOLLY HUNT NATIONAL CATHODE CORP TOWNSEND LIGHTING COVENTRY LIGHTING HOLLY SOLAR PRODUCTS/SUNTRONICS NATIONAL LIGHTING COMPANY INC TPI CORPORATION (FOSTORIA IND.) CPAC, INC HOLLYWOOD LIGHTING SERVICES NATIONAL LIGHTING CORP TPR ENTERPRISES LTD CRAFT METAL PRODUCTS INC HOLOPHANE / ACUITY BRANDS NATIONAL LIGHTING SOURCE INC TRAALITE CRASH INDUSTRIAL SUPPLY INC HOLROYD STUDIOS NATIONAL LIGHTING SUPPLY, LLC TRAFFIC &LIGHTING CORP CREATIVE DESIGNS IN LIGHTING INC. HOLTKOETTER INTERNATIONAL NATIONAL LIGHTNING PROTECTION CORP TRAFFIC PRODUCTS I I Page 959 of 1515 2/28/2019 Graybar Electric Company, Inc. I OMNIA Partners 111--AQs ainufaotuir iir 111 aiirtin airs Eirneirgeincy 111 it Ipaiir in ss U.S. Communities and National IPA, both wholly-owned subsidiaries of OMNIA Partners, have come together as OMNIA Partners, Public Sector. All public sector participants already registered with National IPA or U.S. Communities continue to have access to all contracts, with certain exceptions, in the portfolio and do not need to re -register to use a legacy National IPA, legacy U.S. Communities, or new OMNIA Partners contract. U.S. Communities and National IPA remain separate legal entities and lead agency contracts completed under each brand are effective and available for use through the contract's approved term. In the event we believe re -registration is necessary for any reason, OMNIA Partners will let you know. Illlf ° Illl iiii�°Ilii IIII Illll Ilii �„ Illhltl iiia �„ ,VIII' iii iiia iiia 'i" �° p � �� p p � iiiu��liii � ilii°�� iiii°ld S:�-?iiii�'°i�� . � , G � IIII l iii a VIII°° iiii�� ilii° VIII°�� n� 1111 u��n� VIII°° iiii��° � �� iiii� ilii ��n�� ilii° Lead Agency: City of Kansas City, MO Contract Number: EV2370 5 year initial term, February 1, 2018 - January 31, 2023 Option to renew for (3) additional (2) year periods Contract Documents: • If;;;;;V23 0 IM st,(i,uir" gu°„r,u(-,uu,i'i(-:,i t Cir„aylimu'„ RFP Documents: • I1::;;;;;V2370 • 1::.::.::.:V2370 III::3ost1ingI1 ocx,uu,i'i(-:.% t IIS% Y 11 X�R OV%411II'f 1J, ll S ;,; II%II https://www.omniapartners.com/publicsectorlcontracts/supplier-contracts/graybar Page 960 of 1§15 2/28/2019 Graybar Electric Company, Inc. I OMNIA Partners Graybar helped NC State University streamline their procurement process by over 300% and decrease their energy usage from 8.04kw to 5.123kw. e aicoi'-' F�['fioinw ��'ax�� 314-573-,0704 SUP -P-1 11HER w i E G eI "i Fr:l i )., c hftps:llwww.omniapartners.com/publicsectorlcontracts/supplier-contracts/graybar Page 961 of 1§415 U.S. Communities Contracts I Graybar Industries Applications Industries I Government I Contracts I U.S. Communities Page I of 2 1.430043 IRAYIBAIR Loca6oins tar cams Catalog s Eveirifs Blog Coinfacf Services Company Manufacturers Shop Search Graybar U.S. Communities Join LLS, Goinninnunrillies lEllectirilcall linicirosite G iraylbair Contact IFomirirn 'n"o.,Ilecoiiiniiinuiriilica�.lioiriis:11 inniciroic.lite LLS, Goinninnuinlifies Welblinairs I..,IEID Ilan icirosite Graybar has been a long-term participant with U.S. Communities, a non-profit organization serving the interests of government procurement. U.S. Communities helps facilitate state, local government and education agencies make purchases from existing bid awards through the use cooperative purchasing laws. There is no cost to participate in the U.S. Communities program. All you have to do is register online at www.uscommunlitoes.org. For information on Graybar's U.S. Communities Program, call us at 1 -800-GRAYBAR or email us at uscommunlitoes@graybar.com. INIEW Graybar IEllectdcall, Lighting, Data/Communlicafion, Networking & Securfty Contract Lead Agency: City of Kansas City MO Contract Number: EV -2370 5 year initial term, February 01, 2018 to January 31, 2023 Option to renew for (3) additional (2) year periods View t[re Contract Docurrients D EV -2370 Letter of Intent to Award [PDF] EV2370 Master Agreement [PDF] EV2370 RFP Documents [PDF] EV2370 Combined Ad Postings About the Program Graybar values our long standing strategic relationship with U.S. Communities and our company is continuing to bring value added solutions to their membership base as the awarded supplier of https://www.graybar.com/industries/government/contracts/Usc Wick Reference Documents [PDF] U.S. Communities Flier [PDF] U.S. Communities Line Card [PDF] Graybar Distribution Services Brochure [PDF] Graybar Locations Brochure About Graybar Today procurement professionals face the challenge of improving operational efficiencies and procuring more materials — all within compressed time frames and limited resources. With a broad Page 962 of 1515 3/12/2019 U.S. Communities Contracts ( Graybar electrical, lighting, communications, data networking and security products through the U.S. Communities program, a nonprofit national purchasing cooperative developed by governmental agencies. Utilizing the pooled power of public agencies nationwide, the program lowers purchasing costs, while providing the quality of service and expertise for which Graybar is known. Graybar provides electrical and telecommunications products through the U.S. Communities contract to: State Agencies Counties, Boroughs and Parishes Cities, Municipalities, Villages and Townships Dependent and Independent Special Districts (such as water departments) Public and Private Schools, including K-12, Community Colleges and Universities Non -Profit and Charitable Institutions Read Intt¢pre D Page 2 of 2 spectrum of electrical, lamps, lighting, power and safety products from industry leaders, we stock a comprehensive product offering for your power distribution and control, lighting, building management, facility maintenance and protection needs. Through the contract awarded by lead public agency City of Kansas City, MQ, Graybar also offers services that include, but are not limited to: inventory control, technical support, eBusiness, contract compliance, emergency preparedness, engineering assistance, systems analysis, product replacement, system retrofits or upgrades, installation and integrated services. These services will help participating agencies power and network their facilities with speed, intelligence and efficiency. Services will be provided through established relationships with existing Graybar suppliers, contractors, integrators or agency preferred companies. At Graybar, our goal is simple. We listen to what you need, we connect you to the right product or service and then we deliver on our word. It's how Graybar works to your advantage Industries Allalplilic atiions:s Services Coir nlpaany co n.sbu Ch On I.t: to ren tf,.e, rs t/ ateni 7l" t/ In".7gerylent About Us Cory me Y'cial i'. 11 Y'(,7y .to l u ti ons I IOCC"SS i (fIC I e 11CY C aIG,e, s Go V f " Y n rY i e n Facihty Maintenance E,,Co rY I rY i e; ("C ; Ne\Ns Indu't: I a 1 1..Iu, 111:I11ug Ioyi(A and i' quipryient (t poC :7te 7(,.`41:7OY1sibility Bm It'lAland I.Ii:Illty Sa'rety F Ina Y1 ("€; Locations F. I C I.ItI I Its( Intellip nt ) 19ns1:7OY'tatiOn Venting 'Solutions F. Vents s aY1 (t webinws °,:tl(steryls Contact I.,IS @Graybar Services, Inc. AIIII Rig lits Reserved. I-ioPne I Pnva(;y Poli(;y I WQ bsile .g. I" ns of Use I Website gf'tTI.,'fs of Sale I .wtElYYdwd .g.f'ITns & Conditions More about a":,Pogall/taar D .... Y.`atalllogs arld I rochIliIges D Manufacturers tglholplNowra I'rornotions i::7ectnc rnwts I-aeoun-,es B110gs C at;!allogs:n Page 963 of 1515 https://www.graybar.com/industries/government/contracts/usc 3/12/2019 7.D. Requested Action by Commission: Proposed Resolution No. R22-040 - Approve and authorize the City Manager to sign a contract with TLC Diversified, Inc. for the East Water Treatment Plant Fluoride Storage and Feed Improvements project, Bid No. UTL22-010 in the amount of $758,225 plus a 10% contingency of $75,822.50, for a total expenditure of $834,047.50, and approve the Utilities Capital Improvement Plan (CIP) budget adjustment of $427,000 for the proposed project. Explanation of Request: On February 14, 2022, bids were received for the East Water Treatment Plant Fluoride Storage and Feed Improvements project, Bid No. UTL22-010. Five (5) bids were received that ranged from $758,225 to $1,005,025. The purpose of the bid was to obtain the services of a licensed, qualified contractor to install a feed system, tank, and containment area for fluoride as part of the water treatment process at the East Water Treatment Plant. Based on the evaluation of the information provided with the bids, TLC Diversified, Inc. is the lowest most responsive, responsible, and qualified bidder. City staff and the design engineer, Globaltech, Inc., recommend award of the contract to TLC Diversified, Inc. How will this affect city programs or services? Adding fluoride is a requirement for the East Water Treatment permit with the Florida Department of Health. The previous fluoride system reached the end of its useful life. Fiscal Impact: The project will be funded by the following Utilities accounts: 403-5000-535.65-02 W T2103 and 403-5000- 535.65-02 W T2008. The City obtained a grant from the Florida Department of Health for the project. A grant amendment is currently being processed by the Department of Health, and staff anticipates reimbursement of approximately $154,000 of the construction costs. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 965 of 1515 Grant Amount: Attachments: Type D IRE)S()l� LA ti 0 II'l D Cointract D ShE)E)tS D Bid D I E)ttENr D OthE)r Description IRE)SOkAboin appiroviing cointiract with F1 .0 Dive,rsifiEd aind IBL.jidgE'tAirTIEsii'idirTIEsll'It Coinstir'LACUOIll Ca" intract Bid T,'.-,.ibL.Jlbboin F1 .....0 DiversifiEd IBlid El['lgil['IE)E)ir's I eUtEs,ir BL.jidgE)t Trall'lSfE)r Page 966 of 1515 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 RESOLUTION NO. R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH TLC DIVERSIFIED, INC. FOR THE EAST WATER TREATMENT PLANT FLUORIDE STORAGE AND FEED IMPROVEMENTS PROJECT, BID NO. UTL22-010 IN THE AMOUNT OF $758,225 PLUS A 10% CONTINGENCY OF $75,822.50, FOR A TOTAL EXPENDITURE OF $834,047.50, AND APPROVE THE UTILITIES CAPITAL IMPROVEMENT PLAN (CIP) BUDGET ADJUSTMENT OF $427,000 FOR THE PROPOSED PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 14, 2022, five (5) bids were received for the East Water Treatment Plant Fluoride Storage and Feed Improvements project, Bid No. UTL22-010; and WHEREAS, the purpose of the bid was to obtain the services of a licensed, qualified contractor to install a feed system, tank, and containment area for the addition of fluoride to water treatment process at the East Water Treatment Plant; and WHEREAS, based on the evaluation by City staff and the design engineer, of the information provided with the bids, TLC Diversified, Inc. is the lowest most responsive, responsible, and qualified bidder and award of the contract is recommended to TLC Diversified, Inc; 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 approve and Authorize the City Manager to sign a contract with TLC Diversified, Inc. for the East Water Treatment Plant Fluoride Storage and Feed Improvements project, Bid No. UTL22- 010 in the amount of $758,225 plus a 10% contingency of $75,822.50, for a total expenditure of $834,047.50, and approve the Utilities Capital Improvement Plan (CIP) budget adjustment of $427,000 for the proposed project. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:ACA\RESO\Agreements\Approve Contract with TLC Diversified for EWTP Elouride Storage Improvements - Reso.docx -1- Page 967 of 1515 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 approves and authorizes the City Manager to sign a contract with TLC Diversified, Inc. for the East Water Treatment Plant Fluoride Storage and Feed Improvements project, Bid No. UTL22- 010 in the amount of $758,225 plus a 10% contingency of $75,822.50, for a total expenditure of $834,047.50, a copy of the Contract is attached hereto and incorporated herein as Exhibit „A„ Section 3. The City Commission hereby approves the Utilities Capital Improvement Plan (CIP) budget adjustment of $427,000 for the proposed project as more particularly described in Exhibit "B" attached hereto. Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 1 st day of March, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) YES NO S:ACA\RESO\Agreements\Approve Contract with TLC Diversified for EWTP Elouride Storage Improvements - Reso.docx -2- Page 968 of 1515 CONSTRUCTION CONTRACT EAST WATER TREATMENT FLUORIDE STORAGE AND FEED IMPROVEMENTS 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 TLC Diversified, Inc. a [type of entity: corporation] authorized to do business in the State of Florida, with a business address of 2719 17th Street East, Palmetto, FL 34221, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related the EAST WATER TREATMENT PLANT FLUORIDE STORAGE AND FEED IMPROVEMENTS; and, WHEREAS, at its meeting March 1, 2022, by Resolution No.: , the CITY Commission approved this award to CONTRACTOR and authorized the proper CITY officials to execute this Agreement hereinafter referred to as Contract No.: UTL22-010. 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: EAST WATER TREATMENT PLANT FLUORIDE STORAGE AND FEED IMPROVEMENTS, Invitation to Bid #UTL22-010. Article 2. CONSULTANT. Globaltech, Inc. ("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 completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; TERMINATION; LIQUIDATED DAMAGES. 3.1 Contract Time. The WORK will be substantially completed within (270) [two hundred seventy] 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 for Construction and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions for Construction within 30 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. 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 Bid No. UTI -22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-1 Revised 2/17/2022 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) Dollars ($1,000.00) for each day that expires after 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 TWO HUNDRED FIFTY Dollars 250.00 for each day expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, forthe faithful performance of the Contract, in lawful moneyof 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: SEVEN HUNDRED FIFTY-EIGHT THOUSAND TWO HUNDRED TWENTY-FIVE $758,225.00 (Written) (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 and less such amounts as CONSULTANT shall determine, or CITY maywithhold, 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 Bid No. UTI -22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-2 Revised 2/17/2022 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. Article 6. CONTRACTOR GUARANTEE. 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. Article 7. CONTRACT DOCUMENTS. 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 Proposal 7.2 Instructions to Proposers 7.3 Proposal Forms (including the Proposal, Schedule(s), Information Required of Proposer, and all required certificates, affidavits, and other documentation): Attachment A 7.4 Contract 7.5 CONTRACTOR's Performance and Payment Bond 7.6 General Conditions 7.7 General Conditions for Construction 7.8 Special / Supplemental Conditions 7.9 Technical Specifications: Attachment B Bid No. UTI -22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-3 Revised 2/17/2022 7.10 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utilities/new-construction) 7.11 Drawings entitled: Appendix A 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: Lori LaVerriere, 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: TLC Diversified, Inc. Attn: Dalas Lamberson, Vice President 2719 17th Street East Palmetto, FL 34221 Telephone No.: 941 722-0621 Email: dlamberson ticdiv.com Article 9. INDEMNITY. 9.1 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees, agents and instrumentalities 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. 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. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. 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 Bid No. UTI -22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-4 Revised 2/17/2022 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 bythis Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA'S PUBLIC RECORDS LAW. 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. 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: CRYSTAL GIBSON (CITY CLERK) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6061 GIBSONC@BBFL.US Article 12. E -VERIFY. 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. Bid No. UTI -22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-5 Revised 2/17/2022 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 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 Bid No. UTL22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-6 Revised 2/17/2022 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. 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. Bid No. UTI -22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-7 Revised 2/17/2022 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 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. Bid No. UTL22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-8 Revised 2/17/2022 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 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 Bid No. UTI -22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-9 Revised 2/17/2022 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. 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 activelywith 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 Bid No. UTL22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-10 Revised 2/17/2022 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. 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 Bid No. UTL22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-11 Revised 2/17/2022 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 fiftythousand 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. 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. Bid No. UTL22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-12 Revised 2/17/2022 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, 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, Bid No. UTL22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-13 Revised 2/17/2022 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. 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 Bid No. UTL22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-14 Revised 2/17/2022 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. UTL22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-15 Revised 2/17/2022 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this day of 12022. CITY OF BOYNTON BEACH: Lori LaVerriere, City Manager Approved as to Form: James A. Cherof Office of the City Attorney Attested/Authenticated: Crystal Gibson City Clerk CONTRACTOR: TLC Diversified, Inc. (Signature), Company Authorized Official Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Bid No. UTI -22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS Revised 2/17/2022 C-16 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 contract with Owner for drawings and specifications prepared by reference made a part of hereof, and is hereinafter referred to as the Contract. 20 , entered into a in accordance with which contract is by 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 Bid No. UTI -22-020— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PFB- 1 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. Signed and sealed this day of 12022. Witness Witness Principal (Seal) Title Surety Attorney -in -Fact END OF PERFORMANCE BOND Bid No. UTI -22-020— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 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 drawings and specifications prepared by reference made a part of hereof, and is hereinafter referred to as the Contract. in accordance with which contract is by 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: 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: Bid No. UTI -22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS PYB- 1 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 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 12022. Principal (Seal) Witness Surety Witness Attorney -in -Fact END OF PAYMENT BOND Bid No. UTI -22-010— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS PYB- 2 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 a Florida General Partnership a Florida Limited Partnership a Sole Proprietor () Check One 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 make this Affidavit as, or on behalf of, the Contractor as named above. and Affiant is authorized to 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. 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 Affiant Bid No. UTL22-020— Boynton Beach Utilities — EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS WT- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT City of Boynton Beach Risk Management Department iI�ICY7j:7I��17I �3�ICYI]:� ��ClTirr Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection Ofvendor.) 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) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Aggregate - $1,000,000.00 --------------------------------- ----------------------------------- Combined Single Limit $ 1,000,000.00 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 INSURANCE ADVISORY $ 300,000.00 Limits based on Project Cost Limits based on Project Cost Revised 04/2021 to be determined UTL22-010 - East Water Treatment Plant Fluoride Storage and Feed Improvements -Federally Funded -Overview of Specifications chedule/Specifications Total Total Total etter of interest Included Included Include ice Proposal $836,000.00 $758,225.00 $1,005,025.0 id Form YES YES YE id Bond 5% of Bid Price YES YES YE idder Qualification Statement YES YES YE dandatory Site Inspection Confirmation Included Included Include ,nti-Kickback Affidavit YES YES YE Ion -Collusion Affidavit of Bidder YES YES YE :ertification Pursuant to Florida Statute § 287.135 - Upload Online YES YES YE -Verify Form Pursuant to Florida Statute § 448.095 YES YES YE Va rra noes YES YES YE ench Safety Act Affidavit YES YES YE onfirmation of Minority Owned Business N/A N/A N/. ocal Business Status Certification N/A N/A N/. urrent Florida Professional Licenses and Permits YES - FL dbpr Construction In ustry- n ustry- YES- FL dbpr Construction Industry- YES - FL dbpr Construction Industry - License License Expires August 31, 2022 License Expires August 31, 2022 License Expires August 31, 2022 eferences- Minimum of (3) over the past five years similar in scope & omplexity in FL 3 Included 3 Included 3 Include YES (2) -CC Controls 10%& Gilmore Yes (2) -Pike Electrical, Inc. 15.57% - Yes (2) -Gilmore Electric Co Inc 13%; Electric (15%) CC Control Corp. 12.73% Titans Protective Coatings LLC 4% ubcontractors V-9 Included Included Included esurnesIncluded Included Included espo se Time 48 hours 8hours 24 hours *(Arbitrations & Claims) Bidder's Qualification Statement# 20 2019 Total 2022 Included - (1) past the five year requiremen •s (2) - Energy Efficient Electric, Inc. 21% CC antrol Corp. 11% hours Provided a list of On Going & (1) Litigation Claim *Financials *Financials Included *Listing of Contracts in COMMENTS Complete Projects Included Progress&Completed LOWEST BID Page 991 of 1515 UTL22-010 - East Water Treatment Plant Fluoride Storage and Feed Improvements - Federally Funded Opening Date: January 5, 2022 10:00 AM Closing Date: February 14, 2022 2:30 PM Vendor Details Company Name: TLC Diversified, Inc. 2719 17th Street East Address: Palmetto, Florida 34221 Contact: Linda Moore Email: Imoore@ticdiv.com Phone: 941-722-0621 Fax: 941-722-0621 HST#: 59-2513308 Submission Details Created On: Monday February 14, 2022 10:08:57 Submitted On: Monday February 14, 2022 14:11:38 Submitted By: Linda Moore Email: Imoore@ticdiv.com Transaction #: de83b32b-6389-4b48-8169-864716155d88 Submitter's IP Address: 97.76.93.98 Bid Number: UTL22-010 Vendor Name: T,� DiLsifiOt' I f 5 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 - EAST WATER TREATMENT PLANT FLUORIDE STORAGE & FEED IMPROVEMENTS BID PROPOSAL - Price Proposal Online Form NOTE: Bid Proposal Sheet ITEM No. 3 - SCO1025 Section 1.11.D- Indemnification - II' "N..III :::AS11::: II IN"'N"'lll ll' . $25,,00 SCO1025 Section DESCRIPTION ESTIMATED QUANITY UNIT UNIT COST'`" VALUE 1.11.13 Bonds, Insurance and General Requirements. Contractor shall be limited to a maximum of six percent (6%) of the total bid price. Mobilization and Demobilization. 1 LUMP SUM $44,200.0000 $ 44,200.00 1.11.0 As -Built Record Drawings 1 LUMP SUM $4,000.0000 $ 4,000.00 1.11.D Indemnification 1 LUMP SUM $25.0000 $ 25.00 1.11.E Site Work 1 LUMP SUM $92,000.0000 $ 92,000.00 1.11.1' Structural / Architectural Work 1 LUMP SUM $211,000.0000 $ 211,000.00 1.11.G Furnish & Install Fluoride Equipment 1 LUMP SUM $142,000.0000 $ 142,000.00 1.11.H Furnish and Install Electrical, Instrumentation, and Control Work 1 LUMP SUM $265,000.0000 $ 265,000.00 Subtotal: $ 758,225.00 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 RFQ responses Description Response'`" Comments Is your company a Minority Owned business? No N/A Please select the appropriate response Not Applicable N/A Do you possess a certification qualifying your business as a Minority Owned business? No N/A Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A 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 Proposer's See Attached Letter of Interest in Step 4 Section of this Submittal primary qualifications and a firm commitment to provide the proposed services. Bid Number: UTL22-010 Vendor Name: T,� Divgg,fiOt' IN 5 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 Reference 1 '`" Reference 2 '`" Reference 3 '`" Name of Firm: located within Does the business have a Is the business registered Scope of Work: See Attached Reference Sheet for Project 180901 in the Step 4 Area of this Submittal the City limits of business tax receipt issued with the Florida Division of Number of years in business'`" Business license number'`" Boynton Beach, in the current year? Corporations?' $3.35 Million $4.34 Million Florida?'`" June 2018 November 2015 February 2015 End Date of Service: * Yes C Yes C Yes Almost 37 Years H51364 r: No C No C No Engineer of Record LBTR No.: 198509966 PM Email: trey.clayton@kimley-horn.com rgonzalez@cphcorp.com LBTR No.: 199100688 Phone #: 352-438-3000 407-425-0452 239-533-8504 ALL 3 are part of Final Proposal -TLC Diversified Bid Docs Submitted References In order to be considered for this project, the Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years, in the State of Florida. List the minimum number of successful completed projects of similar scope of work and complexity which shows experience and demonstrates an expertise in providing the services as stated herein. Description Reference 1 '`" Reference 2 '`" Reference 3 '`" Name of Firm: City of Wildwood, FL City of Haines City, FL Lee County, FL Scope of Work: See Attached Reference Sheet for Project 180901 in the Step 4 Area of this Submittal See Attached Reference Sheet for Project 152401 in the Step 4 Area of this Submittal See Attached Reference Sheet for Project 142601 in the Step 4 Area of this Submittal Project Location: Wildwood, FL Haines City, FL Alva, FL Cost of Service: $4.9 Million $3.35 Million $4.34 Million Start Date of Service: June 2018 November 2015 February 2015 End Date of Service: March 2020 May 2018 July 2017 Contact Person: Trey Clayton Robbie Gonzalez, P.E. Talya Mayer Title: Engineer of Record Sr. PM PM Email: trey.clayton@kimley-horn.com rgonzalez@cphcorp.com tmayer@leegov.com Phone #: 352-438-3000 407-425-0452 239-533-8504 Bid Number: UTL22-010 Vendor Name: T,� Di;SLfie I f 5 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. rr- B+y t�H6ng her, 1 +�)nC'rne that there are m) & +,rba)rq a,l ami the B+kii:Jer ahaH perR+)rne flx ter+aqect vdr h then '11�WVIl�ii 11::( )RC :::S Name Address Scope of work license No Contract Amount Percentage (%) of Contract Pike Electrical, Inc. 5872 Triphammer Road Lake Worth, FL 33463 Electrical EC13005257 $ 118,021 15.57% CC Control Corp. 5760 Corporate Way West Palm Beach, FL 33407 I&C $ 96,510 12.73% Documents 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. Bid Number: UTL22-010 Vendor Name: T,� DivggfiOt' IN 5 • Bidder Qualification Statement - Executed Bidder Quals.pdf - Monday February 14, 2022 10:49:31 • Anti -Kickback Affidavit - Executed Ant i- Kickback. pdf - Monday February 14, 2022 10:33:11 • Non -collusion Affidavit of Bidder - Executed Non-Collusion.pdf - Monday February 14, 2022 10:34:59 • Certification Pursuant to Florida Statute28; 7.135 - Executed Statute 287-135.pdf - Monday February 14, 2022 10:36:42 • Mandatory Site Inspection Confirmation Form - Executed Site Inspect Bid Doc.pdf - Monday February 14, 2022 10:31:27 • Certificates Licenses and Business Permits - CGC-CUC.pdf - Monday February 14, 2022 10:44:38 • E -Verify Form Pursuant to Florida Statute d 448.095 - Executed E-Verify.pdf - Monday February 14, 2022 10:39:29 • Warranties - Executed Warranties.pdf - Monday February 14, 2022 10:38:12 • W9 - Executed W9 1-11-22.pdf - Monday February 14, 2022 10:43:05 • Upload Additional Document - TLC Addl Backup-Docs.pdf - Monday February 14, 2022 14:02:20 • Additional Document - Final Proposal -TLC Diversified.pdf - Monday February 14, 2022 14:02:50 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%) 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 - Executed Bid Bond.pdf - Monday February 14, 2022 10:30:23 Bid Number: UTL22-010 Vendor Name: T,� gJI [s]fiOt' IY15 Addenda & Declarations STANDARD TERMS AND CONDITIONS FOR FEDERALLY FUNDED SOLICIATIONS Unless otherwise agreed to by the City of Boynton Beach ("City"), the following Standard Terms and Conditions are applicable to this solicitation and the resulting agreement/contract which may be paid for or reimbursed with federal funds. The term "vendor" as used below may collectively apply to vendors, bidders, proposers, consultants, contractors, and subcontractor. 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. FAMILIARITY AND COMPLIANCE WITH LAWS AND CODES: Federal, State, County, and local laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the vendor shall in no way be a cause for relief from responsibility. The vendor shall strictly comply with Federal, State, and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. The vendor certifies that all products (materials, equipment, processes, or other items) meet all ANSI, NFPA, and all other Federal and State requirements. The vendor further certifies that the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on the date of delivery, all costs necessary to bring the product into compliance shall be borne by the vendor. Any toxic substance provided to the City as a result of this solicitation and resulting agreement/contract shall be accompanied by its Safety Data Sheet (SDS). Unless otherwise provided by federal law, the Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the vendor and the City for any terms and conditions not specifically stated otherwise. VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting agreement/contract will be held in Palm Beach County and shall be interpreted according to the laws of Florida. DISCRIMINATION PROHIBITED: The City is committed to assuring equal opportunity in the award of orders/contracts and complies with all laws prohibiting discrimination. The vendor warrants and represents that throughout the term of the contract, including any renewals thereof, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered a default of the contract. The vendor shall comply with all applicable Federal statutes relating to nondiscrimination as may be applicable. These include but are not limited to: A. Title VI of the Civil Rights Act of 1964 (P.C. 88-352) which prohibits discrimination on the basis of race, color, or national origin; B. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and §§1685-1686), which prohibits discrimination on the basis of sex; C. Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; D. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; E. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; F. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; G. §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee3), as amended, relating to the confidentiality of alcohol and drug abuse patient records; H. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; I. Rehabilitation Act of 1973 any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; J. Executive Order 11063, which prohibits discrimination in the sale, easing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds; K. Housing and Community Development Act of 1974, which provides no person in the United States shall on the grounds of race, color, national origin, 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 funds; L. Fair Housing of 1968, which provides participating agencies must affirmatively further fair housing for classes protected under the Fair Housing Act. Participating housing counseling agencies are expected to help remedy discrimination in housing and promote fair housing rights and fair housing choice; and, M. The requirements of any other nondiscrimination statute(s) which may apply to the application. The vendor shall comply with the Drug -Free Workforce Act of 1988. The vendor understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. This clause is not enforceable by or for the benefit of and creates no obligation to, any third party. The vendor shall include Bid Number: UTL22-010 Vendor Name: T1 gev�J( Ot' IN 5 this language in its sub -contracts. INDEPENDENT CONTRACTOR RELATIONSHIP: The vendor is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting agreement/contract, an independent contractor and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed pursuant to the agreement/contract shall at all times, and in all places, be subject to the vendor's sole direction, supervision, and control. The vendor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the vendor's relationship, and the relationship of its employees, to the City shall be that of an independent contractor and not as employees or agents of the City. NON -COLLUSION: The vendor certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act that may result in an unfair advantage for one or more vendors over other vendors. A conviction for the commission of any fraud or act of collusion in connection with any sale, quote, quotation, proposal, or another act incident to doing business with the City may result in permanent debarment. No premiums, rebates, or gratuities are permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, and removal from the vendor list(s), and/ or debarment or suspension from doing business with the City. LOBBYING: A. CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract rejects all bids or responses or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for the award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. BYRD ANTI -LOBBYING AMENDMENT FOR PROCUREMENTS VALUED AT OR ABOVE $100.000 (Certification Required): Vendors who apply for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Vendor. Upon request, the Vendor agrees to provide the City with a completed certificate titled Byrd Anti -Lobbying Amendment and subsequent certification(s) for it and/or its suppliers, subcontractors, and sub -vendors after agreement/contract award. CONFLICT OF INTEREST / GIFT POLICY: The vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in a manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. All vendors shall disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the vendor's firm or any of its branches. Additionally, 2 CFR 200.318 (c)(1) requires disclosure of a potential conflict of interest and standards of conduct for "organizational conflicts of interest", which may also apply to non-profit sub -recipients of federal funds; and, gift requirements. As such, the following provisions shall also govern in those instances where federal funds are utilized for purchasing goods or services: CONFLICT OF INTEREST: No employee, officer, or agent of the City may 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 of interest would arise when the employee, officer, agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or may receive a tangible personal benefit from a vendor considered for a City contract. In addition, the vendor shall disclose to City in writing all federal criminal law violations involving fraud, bribery, or gratuity that potentially affect the award of this solicitation Failure to make the required disclosures can result in withheld payments, award termination, suspension, or debarment of the vendor. ORGANIZATIONAL CONFLICT OF INTEREST: The vendor shall not have activities or relationships (a) causing the vendor to be unable, or potentially unable, to render impartial assistance or advice to the City; (b) impairing the vendor's objectivity in performing the contract work; or (c) resulting in an unfair competitive advantage. GIFT POLICY: No vendor who is a party to, or receives a benefit from, this agreement/contract shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of the City. Further, no officer, employee, or agent of the City shall solicit or accept a gratuity, favor, or anything of monetary value from a vendor who is a party to, or receives a benefit from, this agreement/contract. SUCCESSORS AND ASSIGNS: The City and the vendor each binds itself and its successors and assigns to the other party in respect to all provisions of the Contract. Neither the City nor the vendor shall assign, sublet, convey or transfer its interest in the Contract without the prior written consent of the Bid Number: UTL22-010 Vendor Name: T,� Divgg fiOt' IN 5 other. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the vendor shall indemnify, save harmless and defend the City, its agents, servants, or employees from and against any and all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission of the vendor, its agents, servants or employees during the course of performing services or providing goods pursuant to this solicitation and/or the resultant contract. Further, the vendor shall hold the City harmless and indemnify City for any funds that the City is obligated to refund the Federal Government arising out of the conduct, activities, or administration of the agreement/contract by the vendor. PUBLIC RECORDS, ACCESS, AUDITS, AND RETENTION: The vendor agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings or data relating to the agreement/contract which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the vendor, or by or in conjunction or consultation with any other party whether or not a party to the agreement/contract, whether or not in privity of contract with the City or the vendor, and wherever located shall be the property of the City. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding vendor believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The vendor shall maintain all records pertaining to the procurement of the goods or services paid with federal funds for a period of five (5) years from the date of submission of the final expenditure report for the entire federal allocation or, for federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the federal awarding agency or pass-through entity. The City and the relevant federal agency shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, at the vendor's place of business. Exceptions include: A. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action is taken. B. When the City has received written notification to extend the records retention period from the federal awarding agency, agency for audit, oversight agency for audit, agency for indirect costs, or pass-through entity. C. Records for equipment acquired with federal funds must be retained for five (5) years after final disposition. D. When records are transferred to or maintained by the federal awarding agency or pass-through entity, the five (5) year retention requirement is not applicable to the City. E. The vendor must comply with all of the provisions of 2 C.F.R. 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. F. Vendor shall provide the City with an annual financial audit report that meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. §§ 7501-7507, and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding sub -recipient monitoring and management, and subpart F regarding audit requirements. Any party receiving such funds shall comply with said provisions, and shall fully cooperate with any other party's compliance with said provisions. Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the vendor: (i) provides a service; and (ii) acts on behalf of the City as provided under Section 119.01 1 (2), F.S., the vendor shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The vendor is specifically required to: A. Keep and maintain public records required by the City to perform services provided under the agreement/contract. 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 agreement/contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the agreement/contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor 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. Failure of the vendor to comply with the requirements of this Section, and other applicable requirements of state or federal law, shall be a material breach of the resulting agreement/contract. The City shall have the right to exercise any and all remedies available to it for breach of agreement/contract, including but not limited to, the right to terminate for cause. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 Bid Number: UTL22-010 Vendor Name: T,� Divgg6fiOt' IN 5 *� •m *� *� INCORPORATION PRECEDENCE AND JURISDICTION: This solicitation shall be included and incorporated in the award or resulting agreement/contract resulting here from. Any and all legal action necessary to enforce the award or resulting agreement/contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the award or the resulting agreement/contract shall be in a court of competent jurisdiction located in Palm Beach County. The order of legal precedence is as follows: Laws passed by Congress, which are codified in provisions of the United States Code (U.S.C.) applicable to the funding source for this agreement/contract; Rules or regulations adopted by a federal agency, which are codified in the Code of Federal Regulations(CFR) and applicable to the funding source for this agreement/contract; the federal award or funding document for this agreement/contract; the Super Circular, inclusive of 2 CFR Sections 200.317 — 200.326 and, agreement/contract. LEGAL EXPENSES: The City shall not be liable to a vendor for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the agreement/contract, or from any other matter generated by or relating to the agreement/contract. NO THIRD -PARTY BENEFICIARIES: No provision of the agreement/contract is intended to, or shall be construed to, create any third -party beneficiary or to provide any rights to any person or entity, not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or vendor. No Government Obligation to Third Parties. The vendor agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement/contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement/contract and shall not be subject to any obligations or liabilities to the Recipient, vendor or any other party (whether or not a party to that agreement/contract) pertaining to any matter resulting from the underlying Agreement/contract. The vendor agrees to include the above clause in each subcontract related in whole or in part with this agreement/contract. Yy:Aj�1►1��ZK�l��il9_1►11� SCRUTINIZED COMPANIES (WHEN AGREEMENT/CONTRACT VALUE IS LESS THAN $1 MILLION): As provided in F.S. 287.135, by entering into an agreement/contract or performing any work in furtherance of this agreement/contract, the Vendor certifies that it, its affiliates, suppliers, subcontractors, and vendors who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725. If the City determines, using credible information available to the public, that a false certification has been submitted by Vendor, the resulting agreement/contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the agreement/contract shall be imposed, pursuant to F.S. 287.135. SCRUTINIZED COMPANIES (WHEN AGREEMENT/CONTRACT VALUE IS GREATER THAN $1 MILLION): As provided in F.S. 287.135, by entering into an agreement/contract or performing any work in furtherance of this agreement/contract, the Vendor certifies that it, its affiliates, suppliers, subcontractors and vendors who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473, or is engaged in business operations in Cuba or Syria. If the Vendor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, this agreement/contract may be terminated at the option of the City. If the City determines, using credible information available to the public, that a false certification has been submitted by Vendor, the resulting agreement/contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the agreement/contract shall be imposed, pursuant to F.S. 287.135. DISCRIMINATORY VENDOR LIST: An entity or affiliate who has been placed on the discriminatory vendor list may not: obtain an agreement/contract to provide goods or services to a public entity; construct or repair of a public building or public work; lease real property to a public entity; award or perform work as a vendor, supplier, or vendor under agreement/contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487- 0915. PUBLIC ENTITY CRIMES: F.S. 287.133 requires the City to notify all vendors of the following: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not obtain an agreement/contract for the construction or repair of a public building or public work, may not lease real property to a public entity, may not be awarded or perform work as a vendor, supplier, or vendor under an agreement/contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. FEDERAL SYSTEM FOR AWARD MANAGEMENT: A agreement/contract shall not be made to parties listed on the government -wide exclusions set forth in the System for Award Management ("SAM") (found at www.sam.gov), which contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority. DEBARMENT AND SUSPENSION (Certification Required): A completed "Certification Regarding Debarment and Suspension" is required prior to award. Upon request, the vendor agrees to provide the City with subsequent certification(s) for it and/or its suppliers, subcontractors, and sub -vendors after the Agreement/contract award. A. This agreement/contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the vendor is required to verify that none of the vendor, its principals (defined at 2 C.F.R. § 80.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935). B. The vendor 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 Bid Number: UTL22-010 Vendor Name: T,� g"T ' df 9%15 regulations in any lower tier covered transaction it enters into. C. This certification is a material representation of fact relied upon by the City (subgrantee). If it is later determined that the vendor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Federal Government serving as grantee and City as subgrantee, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. D. The vendor must comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this agreement/contract is valid. The vendor further agrees to include a provision requiring such compliance in its lower -tier covered transactions. SCIENTIFIC RESEARCH AND DEVELOPMENT / COPYRIGHT / PATENT RIGHTS: Those orders/agreement/contracts providing federal funds in support of scientific research and development must comply with the requirements of 37 CFR 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Agreement/contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. The City and the applicable federal agencies shall be the exclusive owner of any patent rights arising as a result of any discovery or invention that arises or is developed in the course of or under this agreement/contract. The City and the applicable federal agencies shall hold the copyright to works produced or purchased under this agreement/contract. The Federal Government holds a royalty -free, non-exclusive and irrevocable license to produce, publish, or otherwise authorize others to use, for Federal Government purposes, copyrighted material that was developed under a Federal award or purchased under a Federal award. HIRING OF MECHANICS OR LABORERS: (For orders/agreement/contracts greater than $100,000) Any agreement/contract including the employment of mechanics or laborers must provide for compliance with 40 USC 3702, as supplemented by Department of Labor regulations (29 CFR Part 5). Specifically, each vendor must be required to compute the wages of every mechanic and laborer based on a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than one and a half (1 1/2) times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. CLEAN AIR ACT, BUY AMERICA, AND THE FEDERAL WATER POLLUTION CONTROL ACT AS AMENDED: (For orders/agreement/contracts greater than $150,000) A. The vendor 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.), Buy America (23 U.S.C. § 323 et seq.), and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251 et seq.). B. The vendor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required by the federal awarding agency and the appropriate Environmental Protection Agency Regional Office. C. The vendor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance money. MANDATORY STANDARDS AND POLICIES RELATING TO ENERGY EFFICIENCY: The vendor is required to comply with mandatory standards and policies related to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871) (42 U.S.C. § 6201). PROGRAM FRAUD AND FALSE OR FRAUDULENT OR RELATED ACTS: (31 U.S.C. Chapter 38). The vendor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the vendor's actions pertaining to this agreement/contract. PROTEST PROCEDURE: Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing, addressed to the Purchasing Manager, via hand delivery, or mail, along with a protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within the deadlines as follows: A. If the protest relates to an Invitation to Bid or Request for Proposal, the protest shall be received prior to the bid submittal deadline date. B. If the protest relates to any other matter relating to the bid, including, but not limited to, the Award of an Agreement/contract, the protest must be received no later than seven (7) regular business days after the date of notification of award by the Purchasing Staff. Failure to file a protest as outlined in the City of Boynton Beach's Purchasing Policy shall constitute a waiver of proceedings. FEDERAL CRIMINAL LAW / FALSE STATEMENTS ACT: The False Statement Act sets forth liability for, among other things, any person who knowingly submits a false claim to the Federal government or causes another to submit a false claim to the government or knowingly makes a false record or statement to get a false claim paid by the government. 31 U.S.C. § 3729. For example, a false claim could include false billing documentation submitted by the City received from a vendor or subcontractor under the agreement/contract. CERTIFICATIONS LICENSES AND PERMITS: Unless otherwise directed by City, the vendor should provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the vendor. If applicable, the vendor shall also maintain a current Local Business Tax Receipt (Occupational License) for County and all permits required to complete the agreement/contractual service at no additional cost to City. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It is the responsibility of the vendor to ensure that all required certifications, licenses, and permits are maintained and are current throughout the term of the agreement/contract, inclusive of any renewals. Failure to meet this requirement shall be considered a default of the agreement/contract. AGREEMENT/CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS (if applicable): A. In accordance with the requirements as stated in C.F.R. 200.321, the City encourages the active participation of minority businesses, women's business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. The City has made all necessary affirmative steps to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. The vendor, if prime subcontracts are to be let, shall take the Affirmative Steps listed below in paragraphs a) through e) of this Section to ensure that Bid Number: UTL22-010 Vendor Name: T,� g"T ' df 9%15 small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. B. AFFIRMATIVE STEPS must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. PROCUREMENT OF RECOVERED MATERIALS (FOR GOODS VALUED ABOVE $10,000): Vendor is to provide City with those goods designated by the Environmental Protection Agency "(EPA"), at 40 CFR Part 247 — 247.17, that contain the highest percentage of recovered materials practicable while maintaining a satisfactory level of competition for goods valued above $10,000 or where the value of the goods procured during the preceding fiscal year exceeded $10,000. The vendor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including, but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. Categories of goods with the highest percentage of recovered materials include construction products; landscaping products; miscellaneous products; non -paper office products; paper and paper products; park and recreation products; transportation products; and, vehicular products. AMERICANS WITH DISABILITIES (ADA): The Vendor shall meet all the requirements of the Americans With Disabilities Act (ADA), which shall include, but not be limited to, posting a notice informing service recipients and employees that they can file any complaints of ADA violations directly with the Equal Employment Opportunity Commission (EEOC), One Northeast First Street, Sixth Floor, Miami, Florida 33132. EQUAL EMPLOYMENT OPPORTUNITY: The vendor shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), for all construction contracts awarded in excess of $10,000 by grantees and their contractors or sub grantees as may be applicable. All contractors and subcontractors performing work in connection with this solicitation shall provide equal opportunity for employment because of race, religion, color, age, sex, national origin, sexual preference, disability or marital status. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The vendor agrees to post in a conspicuous place available for employees and applicants for employment, such notices as may be required by any authority having jurisdiction over the Work setting forth the provisions of the nondiscrimination law. REGULATIONS: The Vendor shall comply with all federal, state, and local laws, ordinances, and regulations, applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. The Vendor is presumed to be familiar with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered, and any other applicable federal requirements now in effect or imposed in the future. CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT FUNDS: Reimbursement under this agreement/contract may be from funds distributed from the U.S. Treasury's Coronavirus Relief Fund. If CARES Act Funds are used then, fund payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding sub -recipient monitoring and management, and subpart F regarding audit requirements. Any party receiving such funds shall comply with said provisions, and shall fully cooperate with any other party's compliance with said provisions and any other applicable federal requirement(s) now in effect or imposed in the future. E -VERIFY - EMPLOYMENT ELIGIBILITY: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Vendor, shall register with and use the E -Verify System in order to verify the work authorization status of all newly hired employees. Vendor 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 Vendor to perform employment duties within Florida during the term of the agreement/contract; and B. All persons (including sub-vendors/sub-vendors/sub-agreement/contractors) assigned by the Vendor to perform work pursuant to the agreement/contract with the City of Boynton Beach. The Vendor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the agreement/contract is a condition of the agreement/contract with the City of Boynton Beach; and C. The Vendor 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. The vendor 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 Vendor shall maintain a copy of such affidavit for the duration of the agreement/contract. Failure to comply will lead to termination of this Agreement/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 Agreement/contract under this Section is not a breach of agreement/contract and may not be considered as such. If this agreement/contract is terminated for a violation of the statute by the Vendor, the Vendor may not be awarded a public agreement/contract for a period of one (1) year after the date of termination. PRICING: A. Prices offered must be the price for new merchandise and free from defects. B. The price offered must be in accordance with the agreement/contract. Vendor warrants that prices shall remain firm for the initial and any subsequent term unless modified by the City and vendor. C. If a sole source procurement or a procurement where there is no competition, profit must be negotiated as a separate element of price. Bid Number: UTL22-010 Vendor Name: T,� g"T 'f ofi9%15 NON-EXCLUSIVE: As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida agreement/contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida agreement/contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreement/contracts for goods and services falling within the scope of this solicitation and resultant agreement/contract when the specifications differ from this solicitation or resultant agreement/contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant agreement/contract. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. BID DEADLINE: It is the Vendor's responsibility to assure that the BID is submitted electronically by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by e -Procurement bidding System. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible Vendor(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a Vendor's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other agreement/contracts with the City or other government entities. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Vendor has: A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all agreement/contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Agreement/contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10) days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. SUBCONTRACTING: If a Vendor subcontracts any portion of an agreement/contract for any reason, the Vendor must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the Vendor, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any Vendor if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Agreement/contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the agreement/contract documents. Since all addenda are available to Vendor through the City's e -Procurement system Boynton -beach. bid sandtenders.net, it is the responsibility of each Vendor to have received ALL addenda that are issued. Vendors should check online at Boynton -beach bidsandtenders net prior to submitting their bid and up until the bid closing time and date in the event, additional addenda are issued. If a Vendor submits their bid prior to the BID closing time and date and an addendum has been issued, the Bidding System shall WITHDRAW the Vendor's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Vendor can view this status change in the "MY BIDS" section of the Bidding System. The Vendor is solely responsible to: • make any required adjustments to their Bid; and . acknowledge the addenda; and • Ensure the re -submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date ADDITIONAL QUANTITIES: The City reserves the right to release or acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted: "BID IS FOR SPECIFIED QUANTITY ONLY". SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested, or destroyed, upon request, will be returned at the Vendor's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the Vendor's name. manufacturer's brand name and number. and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of the Vendor. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Agreement/contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the Vendor's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of the Vendor's standard forms or the inclusion of the manufacturer's printed documents shall not be construed as constituting an exception within the intent of the agreement/contract documents. Bid Number: UTL22-010 Vendor Name: T,� g"T 'f ofi9%15 ALTERNATES: Where a base bid is provided for, the Vendor shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The City reserves the right to accept or reject the alternates or base bid or any combination thereof. The City, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. NONCONFORMANCE TO AGREEMENT/CONTRACT CONDITIONS: Items maybe tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at the vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the Vendor being found in default in which event any and all procurement costs may be charged against the defaulted Vendor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the Vendor offers and agrees that if the bid is accepted, the Vendor will convey, sell, assign or transfer to the City of Boynton Beach all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Vendor. GOVERNMENTAL RESTRICTIONS: In the event, any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful Vendor to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Agreement/contract at no expense to the City. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: The City of Boynton Beach encourages and agrees to allow the vendor to extend the pricing, terms, and conditions of this solicitation and resulting agreement/contract to other governmental entities pursuant to the requirements of the federal awarding agency. PERFORMANCE DURING EMERGENCY: The vendor agrees and promises that immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, City shall be given "first priority" for all goods and/or services under the agreement/contract. The vendor agrees to provide all goods and/or services to City immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a "first priority" basis. The vendor shall furnish a 24-hour phone number to the City. Failure to provide the goods and/or services to the City on a first priority basis immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute a breach of agreement/contract and subject the vendor to sanctions from doing further business with the City. SALES PROMOTIONS / PRICE REDUCTIONS / MOST FAVORED CUSTOMER: Should sales promotions occur during the term of the agreement/contract that lower the price of the procured item, the vendor shall extend to the City the lower price offered by the manufacturer on any such promotional item. Additionally, any time after award, the vendor may offer a reduced price, which shall remain in effect for the duration of the agreement/contract. The vendor warrants that the price(s) shall not exceed the vendor's price(s) extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the vendor offers more favorable pricing to one of its customers, the vendor shall extend to the City the same pricing or the then -current market price, whichever is lower. BUSINESS INFORMATION: If a vendor is a Joint Venture for the goods/services described herein, the Vendor shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries are to be made during the normal working hours of the City. Time is of the essence and delivery dates must be met. Should the vendor fail to deliver on or before the stated dates, the City reserves the right to CANCEL the order or agreement/contract and make the purchase elsewhere. The vendor shall be responsible for making any and all claims against carriers for missing or damaged items. Delivered items shall not be considered "accepted" until an authorized agent for the City of Boynton Beach has, by inspection or test of such items, determined that they appear to fully comply with specifications. The City may return, at the expense of the vendor and for full refund or credit at the discretion of the City, any item(s) received which fail to meet the City's specifications or performance standards. FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. PRICES / TERMS / PAYMENT: Firm prices shall be quoted, typed, or printed in ink, and include all packing, handling, shipping charges, and delivery to the destination shown herein. The vendor is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at the place of acceptance or from receipt of the correct invoice at the office specified, whichever is later. Upon delivery, the City shall make a final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due to the Vendor shall be withheld until a visual inspection is made by the Utilities or Facilities Departments and the merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the Vendor shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the Vendor unless such loss or damages have been proven to be the result of negligence by the City. MISTAKES: Vendors are expected to examine the specifications, delivery schedule, bid prices, extensions, and all instructions pertaining to supplies and services. Failure to do so will be at Vendor's risk. DISCOUNTS: This will be considered in determining the lowest net cost. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (the current production Bid Number: UTL22-010 Vendor Name: T,� g"T 'f � ofi9%15 model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. DEFAULT AND TERMINATION FOR CAUSE: The City may, by written notice of default to the vendor, terminate the agreement/contract in whole or in part if the vendor fails to satisfactorily perform any provisions of this agreement/contract, or fails to make progress so as to endanger performance under the terms and conditions of this agreement/contract, or provides repeated nonperformance, or does not remedy such failure within a period of 30 days after receipt of notice from the City of Boynton Beach specifying such failure. In the event the City terminates the agreement/contract in whole or in part because of default of the vendor, the City may procure goods and/or services similar to those terminated, and the vendor shall be liable for any excess costs incurred due to this action. If it is determined that the vendor was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the vendor), the rights and obligations of the parties shall be those provided in Section "Termination for Convenience". TERMINATION FOR CONVENIENCE: Whenever the interests of the City so require, terminate the agreement/contract, in whole or in part, for the convenience of the City. Purchasing shall give five (5) days prior written notice of termination to the vendor, specifying the portions of the agreement/contract to be terminated and when the termination is to become effective. If only portions of the agreement/contract are terminated, the vendor has the right to withdraw, without adverse action, from the entire agreement/contract. Unless directed differently in the notice of termination, the vendor shall incur no further obligations in connection with the terminated work and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the vendor shall terminate outstanding orders and/or subcontracts related to the terminated work. REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. PALM BEACH COUNTY INSPECTOR GENERAL: The Vendor 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 any agreement/contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the Vendor and its subcontractors and lower -tier subcontractors. The Vendor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Vendor or its subcontractors or lower -tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this agreement/contract justifying its termination. FOB: The F.O.B. point shall be the destination. If the City agrees, freight charges may be prepaid by the vendor and listed on the invoice; however, the vendor retains title and assumes all responsibility, liability, and risk in transit, and shall be responsible for the filing of claims for loss or damages. PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. AGREEMENT/CONTRACT: Vendor agrees that by submitting a bid, which is accepted by the City of Boynton Beach, a binding agreement/contract is formed in accordance with the City's terms, conditions, and specifications as set forth in the purchase order unless otherwise agreed by the City and the vendor. The vendor certifies that the bid has been made by an officer or employee having the authority to bind the vendor. DELIVERIES: Deliveries are to be made Monday through Friday, excluding holidays, unless otherwise stipulated. QUANTITIES: Quantities specified in the agreement/contract cannot be changed without City approval. Goods shipped in excess of the quantity designated may be returned at the vendor's expense. INSURANCE REQUIREMENTS: If a vendor is providing a service under this agreement/contract, then the vendor shall, at its sole expense, maintain in full force and effect at all times during the life of this agreement/contract, insurance coverages, and limits (including endorsements), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the vendor under this agreement/contract. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured with a CG 2026 additional Insured- Designated Person or Organization Endorsement, or its equivalent, as follows: "The City of Boynton Beach". The vendor shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within 2 working days of request). Failure to maintain the required insurance shall be considered a default of agreement/contract. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the Vendor to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor, and any necessary shipping. Warranty repairs may be accomplished on City property if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the Vendor will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. SAFETY DATA SHEETS (SDS): Any toxic substance provided to the City as a result of this solicitation or resultant agreement/contract shall be accompanied by its SDS. ENDORSEMENTS: No endorsements by the City of the goods and/or services will be used by the vendor in any way, manner or form. DRUG-FREE WORKPLACE: The Vendor shall implement and maintain a drug-free workplace program of at least the following items: A. 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. Bid Number: UTL22-010 Vendor Name: T,� g"T ' df 9%15 B. Inform employees about the dangers of drug abuse in the workplace, the Vendor'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. C. Give each employee engaged in providing the services that are under agreement/contract a copy of the statement specified in Item Number 1 above. D. In the statement specified in Item Number A above, notify the employees that, as a condition of providing the services that are under agreement/contract, the employee will abide by the terms of the statement and will notify the Vendor of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, 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 or plea. E. Impose a sanction on, or require satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted or so pleads. F. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes DAVIS-BACON ACT (WHEN CONSTRUCTION AGREEMENT/CONTRACT VALUE IS GREATER THAN $2.000) A. All transactions regarding the agreement/contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The vendor shall comply with 40 U.S.C. §§ 3141-3144, and §§ 3146-3148 and the requirements of 29 C.F.R. pt. 5, as may be applicable. B. Vendors are 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. C. Additionally, vendors are required to pay wages not less than once a week. COPELAND "ANTI -KICKBACK" ACT (WHEN CONSTRUCTION AGREEMENT/CONTRACT VALUE IS GREATER THAN $2.000 A. The vendor shall comply with 18 U.S.C. §874, 40 U.S.C. §3145, and the requirement of 29 C.F.R pt.3 as may be applicable, which are incorporated by reference into this agreement/contract. B. The vendor or subcontractor shall insert in any subcontracts the clause above and such other clauses as may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower -tier subcontracts. The prime vendor shall be responsible for compliance by any subcontractor or lower -tier subcontractor with all of these agreement/contract clauses. C. A breach of the agreement/contract clauses above may be grounds for termination of the agreement/contract, and for debarment as a vendor and subcontractor as provided in 29 C.F.R §5.12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (WHEN CONSTRUCTION AGREEMENT/CONTRACT VALUE IS GREATER THAN $150,000: A. Overtime Requirements. No vendor or subcontractor contracting for any part of the agreement/contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, 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. B. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (A) of this clause, the vendor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such vendor 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 (A) of this clause, 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 (A) of this clause. C. Withholding for Unpaid Wages and Liquidated Damages. The City of Boynton Beach 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 the contractor or subcontractor under any such agreement/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 (2) of this clause. D. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor 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 (1) through (4) of this clause. SEISMIC SAFETY: If this solicitation pertains to the construction of new buildings or additions to existing buildings, the vendor agrees that any new building or addition to an existing building will be designed and constructed in accordance with standards outlined in U.S. Department of Transportation Seismic Safety regulations at 49 CFR Part 41 and will certify compliance to the extent required. The vendor also agrees to ensure that all work performed under the contract, including work performed by a subcontractor, and is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. The vendor agrees to include the above clause in each subcontract related in whole or in part with this contract. BONDING (FOR CONSTRUCTION PROJECTS OVER $100.00): Except to the extent determined otherwise in writing, the vendor agrees to comply with the following bonding provisions, as may be applicable. For all Construction Activities: the vendor agrees to provide bid guarantee, contract performance, and payment bonds as required by Section 255.05, Florida Statutes and provided by Federal regulations, to the extent determined adequate in writing, and follow any other construction bonding provisions in Federal directives, except to the extent determines otherwise in writing. A. Bid Guarantee - A bid guarantee from each vendor equivalent to 5 percent of the bid price. The 'bid guarantee' shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will honor its bid upon acceptance of his bid. B. Performance Bond - A performance bond on the part of the vendor for 100 percent of the contract price. A 'performance bond' is one executed in Bid Number: UTL22-010 Vendor Name: T,� g"T 'f ofi9%15 connection with a contract to secure the fulfillment of all the vendor's obligations under such contract. C. Payment Bond - A'payment bond' is one executed in connection with a contract to assure payment as required by law of all people supplying labor and material in the execution of the work provided for in the contract. SEAL. LOGO, AND FLAGS: The vendor shall not use the seal(s), logos, crests, or reproductions of flags or likenesses of agency officials without specific pre -approval. FORCE MAJEURE: The agreement/contract which is awarded to the successful vendor may provide that the performance of any act by the City or Vendor thereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from the performance by acts of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third parties or City forces and in such event, the City shall withhold payment due to vendor for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate the agreement/contract. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES: A. Prohibitions. 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. Unless an exception applies, the vendor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) 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; (ii) 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; (iii) 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 (iv) 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. B. Exceptions. This Section does not prohibit vendor 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. 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. C. Reporting requirement. In the event vendor 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 required of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. The vendor shall report the following information: (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 required 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 vendor shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. DOMESTIC PREFERENCE FOR PROCUREMENTS: As appropriate, and to the extent consistent with law, the vendor 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. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS: If applicable, the vendor 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, vendor 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, vendor will deliver to the vendor 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 vendor. PERSONALLY IDENTIFIBALE INFORMATION: In accordance with 2 C.F.R. §200.303, regarding internal controls of a non -Federal entity, vendor must guarantee the protection of all Personally Identifiable Information (PI I) obtained. The program will enact necessary measures to ensure PH of all applicants is safeguarded as to avoid release of private information. If a vendor or employee should experience any loss or potential loss of PI I, the City shall be notified immediately of the breach or potential breach. RIGHTS IN DATA: Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by vendor pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. Bid Number: UTL22-010 Vendor Name: T,� g"T ' df 9%15 INSPECTION AND ACCEPTANCE: (a) The City has the right to review, require correction, if necessary, and accept the work products produced by the vendor. Such review(s) shall be carried out within thirty (30) days so as to not impede the work of the vendor. Any product of work shall be deemed accepted as submitted if the City does not issue written comments and/or required corrections within thirty (30) days from the date of receipt of such product from the vendor. (b) The vendor shall make any required corrections promptly at no additional charge and return a revised copyof the product to the City within seven (7) days of notification or a later date if extended by the City. (c) Failure by the vendor to proceed with reasonable promptness to make necessary corrections shall be a default. If the vendor's submission of corrected work remains unacceptable, the City may terminate the resulting contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. DOCUMENTATION OF COSTS: All costs shall be supported by properly executed payrolls, time records, invoices, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents, pertaining in whole or in part to the resulting contract/agreement, shall be clearly identified and regularly accessible. SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to secure services of a qualified contractor(s) to install and integrate a complete and operable fluoride system for the East Water Treatment Plant process and the construction of its housing and containment area located at 124 E. Woolbright Road, Boynton Beach, FL 33435. 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. 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 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 Utilities 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 Utilities Director or his representative shall decide all questions, difficulties Bid Number: UTL22-010 Vendor Name: T,� g"T 'f ofi9%15 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 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 Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities 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 Utilities Project Manager or his representative at all times. The Contractor shall submit for approval by the Utilities 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 Utilities 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 Utilities 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 Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (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 Utilities Bid Number: UTL22-010 Vendor Name: T,� g"T 'f ofi9%15 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 City Engineer. Material 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 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. Bid Number: UTL22-010 Vendor Name: T,� gevT" 6ofi9%15 F7 I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Dalas Lamberson, Vice President, TLC Diversified, 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 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. Bid Number: UTL22-010 Vendor Name: T,� gevTrs Tdfi9%15 11 have reviewed the File Name below =uda enduuunu and Pages attaclhime t (!if aIhlhlliicabll ) Addendum No. 3 - East Water Treatment Plant Fluoride Storage and Feed Improvements 2 Fri February 11 2022 03:32 PM Addendum No. 2 UTL22-010 East Water Treatment Plant Fluoride Storage and Feed Improvements 39 Wed February 9 2022 04:40 PM Addendum No. 1 UTL22-010 East Water Treatment Plant Fluoride Storage and Feed Improvements 6 Wed January 26 2022 04:00 PM Bid Number: UTL22-010 Vendor Name: T,� gevTrs Tdfi9%15 Bid Number: UTL22-010 Vendor Name: T,� Di 'fes ofI Bid Number: UTL22-010 Vendor Name: T,� Di 'fes ofI Engineers - Contractors 6 60O 1 Broken Sound Plovy NW, Suile 610 ' GLOBALTECH flomi Raton, I ' Jorida 33487 A DESIGN BULD COMPANY Phone: 561,997.6433; Fax: 561 .997.5811 I'mad: I`ebillary 1'7, 2022 Juan CUesta, Staff Engineer City of Boynton Beach East Water Plant 124 E. Woolbright Rd. Boynton Beach, F1, 33435 Subject- Fluoride Storage and Feed Improvements for the East Water Treatment Plant (Task Order # UT -3C:-04) Bid Review Dear Mr, CUesta: Bids were received for the above -referenced project on February l4th, 2022. The bidders were RE Environmental Services, Inc.; TLC Diversified, Inc.; Florida Design Contractors, Inc.; and Boromei Construction, Inc. TLC, Diversified, Inc. was the low bidder and the City forwarded their bid documents to Globaltech for review. This letter summarizes our review of the TLC Diversified, Inc. bid. We have reviewed TLC Diversified, Inc.'s bid and find that the bid is complete and appropriate for the proposed work. The bid contains no inconsistencies, and the costs are reasonable. TLC Diversified, Inc.'s total Bid Price was $758,225.00. TI1C Diversified Inc. and their listed subcontractors are qualified contractors with appropriate and relevant experience. We recommend that the City of Boynton Beach award this contact to the low -bidder, TLC Diversified, Inc. Please contact me at (561) 997-6433 if you have any questions or comments. Sincerely Yours, David SChUrnan, P.E. Senior Project Engineer Page 1014 of 1515 Fiscal Year 2021-22 Utility Capital Improvement Plan Request for Project Budget Adjustment Adjustment Available Increase Project Number Description Account Number Budget (Decrease) Adjusted Budget WT2103 East WTP R&R 403-5000-535.65-02 $1,479,876 ($427,000) $1,052,876 WT2008 East Flouride System Upgrade (Matching Grant) 403-5000-535.65-02 1 $408,0001 $427,000 1 $835,000 Page 1015 of 1515 Am Public Hearing 3/11/2022 Requested Action by Commission: Proposed Ordinance No. 22-006 - Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off -Street Parking Requirements that address Medical Care or Testing (In-patient), Beverage Manufacturing, Micro -Brewery, Brewpub, Taproom Brewery, and Take Out Restaurant uses. Staff initiated. Explanation of Request: The proposed amendments to Chapter 3 of the Land Development Regulations promote business attraction and retention in the City by expanding locations allowed for certain businesses, as well as through the addition of provisions for new uses not currently allowed by the Zoning Regulations. The proposed amendments regard the following uses: • Medical Care or Testing (In -Patient) • Brewery (Distillery, Winery), Micro -Brewery (Micro -Distillery, Micro -Winery), Brewpub, Tap -Rooms; and • Take -Out Restaurants In addition, ancillary amendments are proposed which aid in the clarity of existing regulations. The attached staff report provides details on the proposed amendments. All proposed amendments are presented under one exhibit (Exhibit A). The Planning & Development Board recommended approval of this item on January 25, 2022. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Page 1016 of 1515 Attachments: Type D OrdinainCE) D Staff IRE)port D Exhibit D Exhibit Description Ordinal['IC2, appirtnkng I UIR airTIE)indirm�llrlts, to ChaptE)r 1, 3 aind 4 Staff IRE)port Exhibit A FlrolPOSEd ArTIE)indirTIENI'Its Exhibit IB Staff Flir'E)SE)intaboin Page 1017 of 1515 I 2 ORDINANCE NO. 22- 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 V. MINIMUM OFF-STREET PARKING REQUIREMENTS THAT 9 ADDRESS MEDICAL CARE OR TESTING (IN-PATIENT), BEVERAGE 10 MANUFACTURING, MICRO -BREWERY, BREWPUB, TAPROOM 11 BREWERY, AND TAKE OUT RESTAURANT USES; PROVIDING FOR 12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 13 14 15 WHEREAS, the proposed amendments to Chapter 3 of the Land Development 16 Regulations promote business attraction and retention in the City by expanding locations 17 allowed for certain businesses, as well as through the addition of provisions for new uses not 18 currently allowed by the Zoning Regulations; and 19 WHEREAS, in addition, ancillary amendments are proposed which aid in the clarity of 20 existing regulations; and 21 WHEREAS, the City Commission of the City of Boynton Beach has considered the 22 recommendations and has determined that it is in the best interest of the citizens and 23 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 24 Development Regulations as contained herein. 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 26 OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing whereas clauses are true and correct and are now ratified 28 and confirmed by the City Commission. 29 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1, 30 "General Administration", Article II "Definitions"; Chapter 3, "Zoning", Article IV "Use 31 Regulations"; and Chapter 4, "Site Development Standards", Article "V", "Minimum Off -Street 32 Parking Requirements" are hereby amended as follows: 33 See Exhibit "A" attached hereto and incorporated herein by reference. 34 U S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1, Ch 3 And Ch 4) - Ordinance.Docx Page 1018 of 1515 35 36 37 38 39 40 41 42 43 44 �Wil 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Section 3. Each and every other provision of the Land Development Regulations 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 15th day of February, 2022. SECOND, FINAL READING AND PASSAGE this day of March, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE 2 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1, Ch 3 And Ch 4) - Ordinance.Docx YES NO Page 1019 of 1515 PART III. LAND DEVELOPMENT REGULATIONS EXHIBIT "A" CHAPTER 1. GENERAL ADMINISTRATION ARTICLE II. DEFINITIONS BEVERAGE MFG - An establishment primarily engaged in the manufacturing, purifying, bottling, and distribution of non- alcoholic beverage products_, . BREWERY - An establishment primarily engaged in the manufacturing, purifying, bottling, and distribution of alcoholic beverage products. This industrial use may also include a subordinate commercial component such as a tasting room or retail area that is oven to the public. BREWPUB - A restaurant (as defined by this section) that manufactures a maximum of 1,500 barrels of beer per year which is consumed on-site. This use does not include anv distribution of beer. DISTILLERY — See Brewery. MICRO -BREWERY - An establishment which combines on-site food service and manufacturing, & distribution of alcoholic beverage products. These facilities are restricted to manufacturing a maximum of 3,000 barrels (or 93,000 gallons) of alcohol per year. This use must include a commercial component such as a tasting room or retail area that is open to the public. MICRO -WINERY — See Micro -Brewery. MICRO -DISTILLERY - See Micro -Brewery. TAP -ROOM — A bar (as defined by this section) that manufactures a maximum of 1,500 barrels (or 46,500 gallons) of alcohol per year which is consumed on-site. This use does not include any distribution. WINERY — See Brewery. CHAPTER 3. ZONING ARTICLE IV. USE REGULATIONS Sec. 3. Use Regulations. Page 1020 of 1515 D. Use Matrix 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for "Street -Arterial" and "Street -Collector". Except for those ttses Medical Care or Testing (In-patient) uses that are required to have Conditional Use approval, such uses shall be limited to lots that front on an arterial roadway. 58. Restaurant and Brewpub. a. All Districts. See Cnhaipr :eir 3, irdii(:n e V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: Page 1021 of 1515 Residential Commercial Mixed -Use Industr Misc ial P= Permitted C= Condition al A= Accessory COMMERCIAL Retail Sales Brewpub P P P P P P P P P P P P P A A 2 58 58 58 58 17 17 17 17 17 17 58 27 20 20 ss ss ss ss ss ss ss ss ss 21 s8 Micro- C C C C C C C C C C Brewery, 104 104 104 104 15 104 17 104 17 104 17 104 17 104 17 104 Micro- Winery, Micro Distillery Tap_ C C C C C C C C C C Room 16 14 14 16 16 27 16 16 INDUSTRIAL Brewery, C 9 P 9 P 26 Winery, Distillery 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for "Street -Arterial" and "Street -Collector". Except for those ttses Medical Care or Testing (In-patient) uses that are required to have Conditional Use approval, such uses shall be limited to lots that front on an arterial roadway. 58. Restaurant and Brewpub. a. All Districts. See Cnhaipr :eir 3, irdii(:n e V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: Page 1021 of 1515 (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M-1 district. 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 or collector roadway; 2) does not exceed two thousand, five hundred (2,500) 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. 59. Restaurant (Take -Out). a. M-1 district. This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple - tenant development ; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) excludes a-tr drive-through, or drive-in facility; -ate 4) complies with all off-street parking requirements of Chapter 4, Article V, and 5) does not tender transactions on-site unless located on a lot that fronts an arterial or collector roadway. . 101. Medical Care or Testing (In-patient). Other requirements and site standards: a. Conditional use approval shall be required if there exists less than a fifty (50) foot setback between the subject use and an abutting residential or mixed use zoning district. This separation is intended to enable proper site design regarding secured access, private outdoor patron amenities, buffering, and the like. Conditional Use approval may be waived for those uses found exempt from the requirements of Items "b" and "c" below, that provide continuous client services designed or programmed to conclude within a 24 hour period, and that operate in less than 5,000 square feet. b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or patient use. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. d. In addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations within the CRA shall exclude Planning Areas 92, 93, and 94 as defined within the Federal Highway Corridor Community Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The intent of this standard is to reserve certain areas within the CRA to those uses that contribute to, and enhance, the entries into the downtown, the fabric of the streetscape, harmonious land use relationships, downtown retail and commerce, and other urban development efforts that establish a sense of place along the key routes leading to, and within, the downtown pursuant to an adopted redevelopment plan. 104. Micro -Brewery, Micro -Winery, Micro -Distiller. a. All Districts (1) Drive -up, drive-through, and/or drive-in facilities are not permitted. (2) All business activities shall occur within a building with the exception of approved loading areas and permitted outdoor seating. (3) This use is required to have an approved delivery and loading area. The location of the delivery and loading area shall be located at the rear of the property and/or behind the building as to not be visible from any right-of-way (public or private) or residential property or use. (4) The establishment must submit proof of required licensing and production quantities. (5) A minimum of 50% of the beverages manufactured must be used for onsite consumption. Page 1022 of 1515 CHAPTER 4. SITE DEVELOPMENT STANDARDS ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Sec. 2. Standards. C. Table 4-18. Commercial and Office & Health Care Uses. Where a use is located in a shopping center, office building, or office -retail complex, the parking space requirement for the shopping center, office building, or office -retail complex in which it is located shall apply; except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or gross floor area of the theater (see "theater" in Section 3.1). below). Commercial and Office & Health Care Uses Standard Number of Required Parking Spaces Per square feet (unless expressed otherwise) Building area is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any non-residential use (minimum): 4 or 1 per 200, whichever is greater' Shopping center: 1 per 200 Office -retail complex: 1 per 200 Restaurant: 1 per 2.5 seats (no less than 1 per 100)' Brewpub- 1 per 2.5 seats (no less than 1 per 100)' Restaurant, Take Out": 1 per 300 Bar & night club: 1 per 2.5 seats (no less than 1 per 100) Tap -room: 1 per 2.5 seats (no less than 1 per 100) Micro -Brewery, Micro -Winery, Micro -Distillery 1 per 500 of manufacturing area and 1 per 2.5 seats (no less than 1 per 100) for remaining gross square footae. Gasoline station: 1 per 2503 Grocery store: 1 per 200 Auto car wash (polishing, waxing, detailing) Automated (no employees): N/A Full-service: 4 per tunnel4 Auto car wash, self-service bay: 2 per bay Auto/motorcycle/truck, trailer, rec. vehicle sales/rental: 1 per 5005 Automotive, repair major and minor 1 per 250' Automotive, repair (paint and body shops only): 1 per 3008 Boat dealer/rental: 1 per 500' Coin-operated laundry or dry cleaner: 1 per 250 Copying, printing, or sign design: 1 per 300 Page 1023 of 1515 Funeral home: 1 per 200 Pet care: 1 per 300 Bank and financial office: 1 per 250 Medical or dental office, imaging/testing: 1 per 200 Photography studio: 1 per 300 Personal care (beauty, hair, and nails): 1 per 100 Furniture and home furnishings: 1 per 500 Hospital: 1 per 2.5 beds Taxi, limousine, and charter bus: 1 per 300 Nursery, garden, and farm supply: 1 per 2,000 of outdoor nursery area' Travel agency: 1 per 300 Showroom warehouse (single -product line) 1 per 5000 Business/professional office not listed within this subsection: 1 per 300 Establishments not listed elsewhere within this subsection: I 1 per 200 1 Non-residential: For the non-residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor area. 2 Indoor child play areas shall be excluded for this purpose if such areas are designed/delineated separate from dining areas and if twenty percent (20%) or less than the gross floor area of the restaurant. No additional parking spaces are required for outdoor seats provided that the number of outdoor seats is twenty percent (20%) or less than the total number of indoor seats. Additional parking spaces shall be required for outdoor seats in excess of this threshold. 3 The required queuing distance at pump islands shall be in accordance with Chapter 4, Article VI, Section 3.F. Gasoline station establishments that contain "automotive, minor repair" shall provide for additional parking spaces (see "automotive, minor repair"). 4 Plus one (1) space per seventy-five (75) square feet of detail, washing, and waxing areas. 5 Plus required parking spaces for outdoor storage or display of vehicles for sale or for rent. 6 Plus one (1) space per ten thousand (10,000) square feet of paved or unpaved outdoor area used for the storage or display of boats for sale or for rent. 7 One (1) space per two hundred fifty (250) square feet of gross floor area devoted to office, display of merchandise, and waiting area. In addition, three (3) parking spaces are required for each service bay. The space within a service bay may be counted towards satisfaction of the required parking. However, in no case shall less than four (4) outside parking spaces be provided. 8 In addition, each overhead door and interior spray booth may be counted towards satisfaction of the required parking, provided there is the minimum area (the size of a standard parking space) between an overhead door and an interior spray booth. However, in no case shall less than four (4) outside parking spaces be provided. 9 Plus required parking for any retail floor area. 10 One (1) space per 500 square feet for first 10,000 square feet, then one (1) space per 1,000 square feet thereafter. 11 Take -Out Restaurants located in M-1 shall be one (1) space per 350 square feet of gross floor area. E. Table 4-20. Industrial Uses. Industrial Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Page 1024 of 1515 Any non-residential use 4 or 1 per 200, whichever is greaten (minimum): Beverage and/or food 1 per 500 2 manufacturing: Brewery, Distillery, Winery 1 per 500 2 Dry cleaning plants: 1 per 500 Publishing and commercial 1 per 500 printing: Packing & shipping, 1 per 800 trucking, and moving: Research & development, 1 per 300 scientific/technological: Warehouse, wholesale, distribution Multi -tenant building, 1 per 5003 multi -use: Single -tenant building, 1 per 8003 single -use: Warehouse, dead -storage 1 per 1,000 Warehouse, internet sales 1 per 7004 Storage, self-service 1 per 75 bays (limited and multi-access): Manufacturing and 1 per 500 industrial uses not listed elsewhere: 1 Non-residential: For the non-residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor area. 2 Plus one (1) space per 300 square feet for that portion of an accessory tasting room that exceeds 20% of the gross floor area of the establishment. However, in no case shall the size of a tasting room equal or be greater than 50% of the gross floor area. 3 Space allocated for accessory office use shall require parking at the ratio required for the principal use, provided that the accessory office use does not exceed twenty percent (20%) of a single -tenant building or twenty percent (20%) of each bay within multi -tenant buildings. Additional parking shall be required at a ratio of one (1) space per three hundred (300) square feet for any accessory office floor area that exceeds twenty percent (20%) of the building/bay(s). 4 Plus one (1) space per five hundred (500) square feet of area devoted to showroom/auction room. 5 Plus one (1) space per three hundred (300) square feet of office space plus two (2) security spaces, if applicable. Page 1025 of 1515 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-004 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner; Luis Bencosme, Planner II DATE: January 14, 2022 REQUEST: Approve amendments to Chapter 1, Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off -Street Parking Requirements addressing Medical Care or Testing (In-patient), Beverage Manufacturing, Micro -Brewery, Brewpub, Taproom Brewery, and Take Out Restaurants (CDRV 22-002) OVERVIEW This staff report outlines information regarding amendments to specific uses in the land development regulations. For clarity, the staff report has categorized the proposed use amendments into three different subject areas: Medical Care or Testing (In -Patient); Brewery (Distillery, Winery), Micro -Brewery (Micro -Distillery, Micro -Winery), Brewpub, Tap -Rooms; and Take -Out Restaurants In addition, ancillary amendments are proposed which aid in the clarity of existing regulations. All proposed amendments are presented under one exhibit (Exhibit A) and represent the entirety of the changes proposed as part of this request. EXPLANATION & PROPOSED AMENDMENTS MEDICAL CARE OR TESTING (IN-PATIENT) This item includes proposed amendments to zoning regulations applicable to businesses that fall within the "Medical Care or Testing (In-patient)" use group. The amendments are prompted by recent discussions with the operators of a birthing center in Delray Beach regarding the inability to locate in a targeted building where medical offices have operated on Golf Road, within the C-1, Office/Professional Zoning District. Medical uses are commonly allowed within office zoning districts, which can abut or be in close proximity to residential uses. Most medical uses are compatible with residential land uses given the typical daytime hours of operation. However, the most common element of the uses that comprise the subject use group is that they do not limit operation to daytime hours, and in fact Page 1026 of 1515 Page 2 Medical Care or Testing (In-patient), Beverage Manufacturing, Brewpub, Taproom Brewery, and Take Out Restaurants CDRV 22-002 some provide testing or other services that are commonly provided during the evening hours. This use group was previously created to identify and appropriately regulate the more intensive medical uses. Staff has reviewed the uses that comprise this medical use group, and using information from the birthing center operators finds that under certain conditions, not all of the uses would have equal performance characteristics and potential impacts on surrounding properties. Staff concludes that the lower -intensive uses in this group could likely be equally as compatible with the medical office uses that provide only daytime services, if the "in-patient" uses are smaller in size, provide services or testing that commonly require less than 24 hours, and visually appear similar to conventional office uses without the necessity to be designed with closed and gated compounds for security purposes. It is assumed that given such restrictions and use characteristics, such uses that may provide over -night care or service could operate as compatibly with abutting or nearby residential land uses than medical uses that do not provide overnight services. As indicated in detail in the attached exhibit, staff proposes that those uses in the Medical Care or Testing (in-patient) zoning use group that meet the above criteria, would not require Conditional Use approval, and would be allowed on properties that front on a collector street. These amendments would therefore allow such less -intensive medical uses in this group to be located on, for example, SE 23rd Avenue and S. Seacrest Boulevard. The subject areas represent a concentration of medical -related uses and are within, or in close proximity to the area to be evaluated for a medical district overlay. BREWERY (DISTILLERY, WINERY), MICRO -BREWERY (MICRO -DISTILLERY, MICRO - WINERY), BREWPUB, TAP -ROOMS The beer industry, which encompases breweries of all sizes ranging from those owned by local business owners to large corporations, has recently experienced exponetial growth due to a rise in the popularity of craft beer. According to the Alcohol and Tobacco Tax and Trade Bureau (TTB), small breweries producing between 1,000 and 7,500 barrels of beer per year represent the largest growth in the industry and oftentimes provide a mix of complementary commercial components. The Planning and Zoning Division has experienced an increase in inquiries regarding the establishment of microbrewery, brewpub, and tap -room uses on properties zoned commercial or mixed-use. The City's Land Development Regulations currently classify all establishments engaged in the production of fermented or distilled alcoholic drinks as Beverage Manufacturing, regardless of size or production quantity, and are restricted to properties zoned C-4 (General Commercial), M1 (Industrial) and PID (Planned Industrial Development) with additional use regulations. Staff proposes amendments which distinguish Micro -Brewery, Micro -Winery, Micro -Distillery, Brewpub, and Tap -room uses seperately from the existing beverage manufacturer use, and permits their establishment, subject to additional regulation, within certain commercial and mixed-use districts. The definition of Beverage Manufacturing has been revised to only include establishments that produce non-alcoholic beverages, while those industrial uses that produce alcoholic beverages are proposed to be defined as a Brewery, Winery, and Distillery. Beverage Manufacturing, 2 Page 1027 of 1515 Page 3 Medical Care or Testing (In-patient), Beverage Manufacturing, Brewpub, Taproom Brewery, and Take Out Restaurants CDRV 22-002 Brewery, Winery, and Distillery uses will continue to be restricted to the industrial zoning districts. The proposed code amendments would establish new definitions for a Micro -Brewery (including Micro -Winery and Micro -Distillery), which is limited to producing 3,000 barrels (or 93,000 gallons) of alcoholic beverage per year and must include a commercial component open to the public (i.e. food service, tasting room, or retail area). Staff proposes that these uses be permitted on properties with a commercial zoning designation, including C-3 (General Commercial), C-4 (Heavy Commercial), CBD (Commercial Business District), PCD (Planned Commercial District), or any mixed-use zoning designation. The proposed amendments would also establish definitions for a Tap -room and a Brewpub. A Tap -Room is limited to the production of a maximum of 1,500 barrels (or 46,500 gallons) of alcoholic beverages per year exclusively for on-site consumption. Tap -rooms operate similar to bar uses; therefore, staff proposes to permit them subject to Conditional Use review within C-3 (General Commercial) and C-4 (Heavy Commercial) zoning districts, all mixed-use zoning districts, and within Planned Industrial Development (PID) districts. Brewpubs, which primarily involve food service with beer manufacturing as a subordinate component, would be restricted to the same limits on production and distribution placed on Tap- rooms. Brewpubs operate similar to restaurant uses; therefore, staff proposes to permit them by right subject to additional requirements within C-2 (Neighborhood Commercial), C-3 (General Commercial), and C-4 (Heavy Commercial) zoning districts, and within all mixed-use and industrial zoning districts. In addition, the use would be allowed as an accessory use on properties zoned PU (Public Usage) or REC (Recreational). TAKE-OUT RESTAURANTS The restaurant industry is experiencing growth within the take-out and delivery segments, more specifically through the popularity of third -party delivery companies. These companies provide a service to restaurants by allowing restaurants to provide a food delivery option without needing to establish and maintain this amenity in-house This food service niche expands service to customers by providing an easy-to-use app to order and pay for food. As a result of the growth of these third -party delivery companies, a new type of take-out restaurant has emerged which exclusively takes orders from these third -party delivery companies' apps. Since these types of take-out restaurants are app -based, they typically do not require the visibility and location criteria that a typical take-out restaurant needs, and seek out spaces in less visible commercial areas. Staff has reviewed this growing type of take-out restaurant use, and undertands that while it shares similarities to a take-out restaurant use, it differs from a standard take-out restaurant as customer visits are brief, being onsite only to pick-up an order that has already been prepared Also, such uses do not require frontage on an arterial road (for exposure and visibility), given information that is distributed via social media, and directions to the restaurant provided by the app. Because customers order and pay for food prior to arriving at the establishment, they are waiting off-site as the food is being prepared, and typically only arrive once the food is ready. In addition, the expansion of this use within the M-1 zoning district would add to the industrial employment base, similar to the establishment of catering uses. As such, staff concludes that this type of take-out restaurant is equally or less impactful than a standard take-out restaurant use, provided that the use is regulated. Page 1028 of 1515 Page 4 Medical Care or Testing (In-patient), Beverage Manufacturing, Brewpub, Taproom Brewery, and Take Out Restaurants CDRV 22-002 Take -Out Restaurants are a permitted use in the M-1 industrial zoning district, subject to a note which restricts their location to multiple tenant lots fronting arterial and collector roadways, in addition to size restrictions and parking requirements. As indicated in the attached exhibit, staff proposes modifying the note to allow take-out restaurants district -wide in M-1, however those restaurants not located along collector or arterial roadways will be restricted to tendering transactions off-site to ensure that the app -based take-out restaurant does not become a standard take-out restaurant. Staff proposes keeping the requirements regarding multi -tenant developments and size restrictions. In addition, parking regulations are established for take-out restaurants in M-1 to ensure that adequate parking is available prior to the establishment of these types of uses. CONCLUSION/RECOMMENDATION Staff recommends approval of the subject amendments to the Land Development Regulations to support business retention, attraction, and expansion. Attachments N Page 1029 of 1515 PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 1. GENERAL ADMINISTRATION ARTICLE II. DEFINITIONS BEVERAGE MFG - An establishment primarily engaged in the manufacturing, purifying, bottling, and distribution of non- alcoholic beverage products_, BREWERY - An establishment primarily engaged in the manufacturing purifying, bottling, and distribution of alcoholic beverage products. This industrial use may also include a subordinate commercial component such as a tasting room or retail area that is open to the public. BREWPUB - A restaurant (as defined by this section) that manufactures a maximum of 1,500 barrels of beer per ,year which is consumed on-site. This use does not include any distribution of beer. DISTILLERY — See Brewery. MICRO -BREWERY - An establishment which combines on-site food service and manufacturing, & distribution of alcoholic beverage products. These facilities are restricted to manufacturing a maximum of 3,000 barrels (or 93,000alg lons) of alcohol per ,year. This use must include a commercial component such as a tasting room or retail area that is open to the public. MICRO -WINERY — See Micro -Brewery. MICRO -DISTILLERY - See Micro -Brewery. TAP -ROOM — A bar (as defined by this section) that manufactures a maximum of 1,500 barrels (or 46,500 gallons) of alcohol per ,year which is consumed on-site. This use does not include any distribution. WINERY — See Brewery. CHAPTER 3. ZONING ARTICLE IV. USE REGULATIONS Sec. 3. Use Regulations. Page 1030 of 1515 D. Use Matrix 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for "Street -Arterial" and "Street -Collector". Except for those ttses Medical Care or Testing (In-patient) uses that are required to have Conditional Use approval, such uses shall be limited to lots that front on an arterial roadway. 58. Restaurant and Brewpub. a. All Districts. See Cnhaipr :eir 3, irdii(:n e V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: Page 1031 of 1515 Residential Commercial Mixed -Use Industr Misc ial P= Permitted C= Condition al A= Accessory COMMERCIAL Retail Sales Brewpub P P P P P P P P P P P P P A A 2 58 58 58 58 17 17 17 17 17 17 58 27 20 20 ss ss ss ss ss ss ss ss ss 21 s8 Micro- C C C C C C C C C C Brewery, 104 104 104 104 15 104 17 104 17 104 17 104 17 104 17 104 Micro- Winery, Micro Distillery Tap_ C C C C C C C C C C Room 16 14 14 16 16 27 16 16 INDUSTRIAL Brewery, C 9 P 9 P 26 Winery, Distillery 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for "Street -Arterial" and "Street -Collector". Except for those ttses Medical Care or Testing (In-patient) uses that are required to have Conditional Use approval, such uses shall be limited to lots that front on an arterial roadway. 58. Restaurant and Brewpub. a. All Districts. See Cnhaipr :eir 3, irdii(:n e V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: Page 1031 of 1515 (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M-1 district. 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 or collector roadway; 2) does not exceed two thousand, five hundred (2,500) 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. 59. Restaurant (Take -Out). a. M-1 district. This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple - tenant development ; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) excludes a-tr drive-through, or drive-in facility; -ate 4) complies with all off-street parking requirements of Chapter 4, Article V, and 5) does not tender transactions on-site unless located on a lot that fronts an arterial or collector roadway. . 101. Medical Care or Testing (In-patient). Other requirements and site standards: a. Conditional use approval shall be required if there exists less than a fifty (50) foot setback between the subject use and an abutting residential or mixed use zoning district. This separation is intended to enable proper site design regarding secured access, private outdoor patron amenities, buffering, and the like. Conditional Use approval may be waived for those uses found exempt from the requirements of Items "b" and "c" below, that provide continuous client services designed or programmed to conclude within a 24 hour period, and that operate in less than 5,000 square feet. b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or patient use. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. d. In addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations within the CRA shall exclude Planning Areas 92, 93, and 94 as defined within the Federal Highway Corridor Community Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The intent of this standard is to reserve certain areas within the CRA to those uses that contribute to, and enhance, the entries into the downtown, the fabric of the streetscape, harmonious land use relationships, downtown retail and commerce, and other urban development efforts that establish a sense of place along the key routes leading to, and within, the downtown pursuant to an adopted redevelopment plan. 104. Micro -Brewery, Micro -Winery, Micro -Distiller. a. All Districts (1) Drive -up, drive-through, and/or drive-in facilities are not permitted. (2) All business activities shall occur within a building with the exception of approved loading areas and permitted outdoor seating. (3) This use is required to have an approved delivery and loading area. The location of the delivery and loading area shall be located at the rear of the property and/or behind the building as to not be visible from any right-of-way (public or private) or residential property or use. (4) The establishment must submit proof of required licensing and production quantities. (5) A minimum of 50% of the beverages manufactured must be used for onsite consumption. Page 1032 of 1515 CHAPTER 4. SITE DEVELOPMENT STANDARDS ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Sec. 2. Standards. C. Table 4-18. Commercial and Office & Health Care Uses. Where a use is located in a shopping center, office building, or office -retail complex, the parking space requirement for the shopping center, office building, or office -retail complex in which it is located shall apply; except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or gross floor area of the theater (see "theater" in Section 3.1). below). Commercial and Office & Health Care Uses Standard Number of Required Parking Spaces Per square feet (unless expressed otherwise) Building area is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any non-residential use (minimum): 4 or 1 per 200, whichever is greater' Shopping center: 1 per 200 Office -retail complex: 1 per 200 Restaurant: 1 per 2.5 seats (no less than 1 per 100)' Brewpub- 1 per 2.5 seats (no less than 1 per 100)' Restaurant, Take Out": 1 per 300 Bar & night club: 1 per 2.5 seats (no less than 1 per 100) Tap -room: 1 per 2.5 seats (no less than 1 per 100) Micro -Brewery, Micro -Winery, Micro -Distillery 1 per 500 of manufacturing area and 1 per 2.5 seats (no less than 1 per 100) for remaining gross square footae. Gasoline station: 1 per 2503 Grocery store: 1 per 200 Auto car wash (polishing, waxing, detailing) Automated (no employees): N/A Full-service: 4 per tunnel4 Auto car wash, self-service bay: 2 per bay Auto/motorcycle/truck, trailer, rec. vehicle sales/rental: 1 per 5005 Automotive, repair major and minor 1 per 250' Automotive, repair (paint and body shops only): 1 per 3008 Boat dealer/rental: 1 per 500' Coin-operated laundry or dry cleaner: 1 per 250 Copying, printing, or sign design: 1 per 300 Page 1033 of 1515 Funeral home: 1 per 200 Pet care: 1 per 300 Bank and financial office: 1 per 250 Medical or dental office, imaging/testing: 1 per 200 Photography studio: 1 per 300 Personal care (beauty, hair, and nails): 1 per 100 Furniture and home furnishings: 1 per 500 Hospital: 1 per 2.5 beds Taxi, limousine, and charter bus: 1 per 300 Nursery, garden, and farm supply: 1 per 2,000 of outdoor nursery area' Travel agency: 1 per 300 Showroom warehouse (single -product line) 1 per 5000 Business/professional office not listed within this subsection: 1 per 300 Establishments not listed elsewhere within this subsection: I 1 per 200 1 Non-residential: For the non-residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor area. 2 Indoor child play areas shall be excluded for this purpose if such areas are designed/delineated separate from dining areas and if twenty percent (20%) or less than the gross floor area of the restaurant. No additional parking spaces are required for outdoor seats provided that the number of outdoor seats is twenty percent (20%) or less than the total number of indoor seats. Additional parking spaces shall be required for outdoor seats in excess of this threshold. 3 The required queuing distance at pump islands shall be in accordance with Chapter 4, Article VI, Section 3.F. Gasoline station establishments that contain "automotive, minor repair" shall provide for additional parking spaces (see "automotive, minor repair"). 4 Plus one (1) space per seventy-five (75) square feet of detail, washing, and waxing areas. 5 Plus required parking spaces for outdoor storage or display of vehicles for sale or for rent. 6 Plus one (1) space per ten thousand (10,000) square feet of paved or unpaved outdoor area used for the storage or display of boats for sale or for rent. 7 One (1) space per two hundred fifty (250) square feet of gross floor area devoted to office, display of merchandise, and waiting area. In addition, three (3) parking spaces are required for each service bay. The space within a service bay may be counted towards satisfaction of the required parking. However, in no case shall less than four (4) outside parking spaces be provided. 8 In addition, each overhead door and interior spray booth may be counted towards satisfaction of the required parking, provided there is the minimum area (the size of a standard parking space) between an overhead door and an interior spray booth. However, in no case shall less than four (4) outside parking spaces be provided. 9 Plus required parking for any retail floor area. 10 One (1) space per 500 square feet for first 10,000 square feet, then one (1) space per 1,000 square feet thereafter. 11 Take -Out Restaurants located in M-1 shall be one (1) space per 350 square feet of gross floor area. E. Table 4-20. Industrial Uses. Industrial Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Page 1034 of 1515 Any non-residential use 4 or 1 per 200, whichever is greaten (minimum): Beverage and/or food 1 per 500 2 manufacturing: Brewery, Distillery, Winery 1 per 500 2 Dry cleaning plants: 1 per 500 Publishing and commercial 1 per 500 printing: Packing & shipping, 1 per 800 trucking, and moving: Research & development, 1 per 300 scientific/technological: Warehouse, wholesale, distribution Multi -tenant building, 1 per 5003 multi -use: Single -tenant building, 1 per 8003 single -use: Warehouse, dead -storage 1 per 1,000 Warehouse, internet sales 1 per 7004 Storage, self-service 1 per 75 bays (limited and multi-access): Manufacturing and 1 per 500 industrial uses not listed elsewhere: 1 Non-residential: For the non-residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor area. 2 Plus one (1) space per 300 square feet for that portion of an accessory tasting room that exceeds 20% of the gross floor area of the establishment. However, in no case shall the size of a tasting room equal or be greater than 50% of the gross floor area. 3 Space allocated for accessory office use shall require parking at the ratio required for the principal use, provided that the accessory office use does not exceed twenty percent (20%) of a single -tenant building or twenty percent (20%) of each bay within multi -tenant buildings. Additional parking shall be required at a ratio of one (1) space per three hundred (300) square feet for any accessory office floor area that exceeds twenty percent (20%) of the building/bay(s). 4 Plus one (1) space per five hundred (500) square feet of area devoted to showroom/auction room. 5 Plus one (1) space per three hundred (300) square feet of office space plus two (2) security spaces, if applicable. Page 1035 of 1515 r:�"YINTON ��MIIII IlN —CITY+�► +► 9 9 i 9 Mainufactuiring 9 p p p p m '; 9 9 %; > > d IPll ininiiing & Development IBoard Meeting Jinuiry 25, 2022 Ciity Commission Meetings IFelbiru iry 15, 2022 11 IMairch 1, 2022 Page 1036 of 1515 1. ii II it it -iii (lin-Patleint) 2. Bireweiry (Dis-tillilleiry, Wilineiry), litilliciro-Bireweiry (Miciro-Distililleiry, Miciro-Wilineiry), Birewpulb, Talp-Rooms 1/ 11111112,1111111111111111 ILIDIR Airneindirneints Clity Coirnimlissiloin IPulbllllc Headings .-- 2/15/22 & 3/1/22 Page 1037 of 1515 6 v irrril i irir ire -t i it -til ins ,e • IMedlicall offilce uses Ip irimli t iiia -°I office 1piro-fessiloinall zoiniiing, compatillbIle wilth resildeintliall, day-hime Olp it tiloin • "Ilia -p iii int" uses Ipirovii -Ih ouir c1lii int caire or ttiiingy coinItIl0in all use appirovall it guiiir iiia C.-1 Ofiic 1piro-fessiloinall iii wilthilin feet t0 property Iliiin (airy use albuttiling it „) •Ilia -Ip iii in't uses v iry gir Ily iiia iht inslity aired Ipot intli ll limpact •I v IIu atiloin Ideintil-fied Ilow it iht inslity uses aired cid-t irii t0 all1low IIOc tiloin ll Olptiloin • Locatiloins iindluimedlicall use coins intir tiloin s located IIOing "coIIII ctOir" stireets Proposed it in it in-ts aind Beine-fift: IL ow it-iiint in iiv "Ilia -p iii int" imedlicall uses coulld the comp tiilbll iii uses wire„ • im llll it iiia slue • lPirovilde seirvilcesor testiling that coimimoinlly irequilire Iles tIh in 24 Ih ouir • Vii ulllly Iplp it aired fuinc-tiloin iiimlill it t0 coinv intiloin ll Offiic uses 0 Ilin it l -hil i -fair hi ll uses aind 1pairtlicullairlly wift1hiiin t "imedlicall dill-tiril .t" ILIIRAmendments lIty Comimlissiloin IPulblliic Heading .-- /15/22 & 3/1/22CIDIRV 22-002 Page 1038 of 1515 Bireweiryl(Distilleiry,Winery), r o o r o. Background IBireweirlies Ipiro uii ing betweein 1,000 in 7, 500 Ib irir ll of Ibir/yeah„ 0 relpireseint the lairgest g irowtlh iiia the ii in a stiry 0 1pirovilde a imlix of coirrpIleimeintairy coimimeircliall oirr Ipoin int .. Ilincirease i is linquilides it g it ii ing the talbll ii him int of irrflarolbir w iry, Ibir wlpu lb, aind t Ip._irooim uses oin 1pirolpeirtiles zoined coimimeircliall or imii .-u se.. Any estalbIllishimeint that produces Il olholliic dirilinlks f IIII under lBeveirage l inu factuiriiing, restirlicted -to -4 (Geineirall oim im it ii ll ), I 11 (Il in a s-tirii ll) aind IP II I (lPllainined l in a stirii ll eveIIoIpim int).. ILIIRAmendments lIty Coirnimlissiloin IPulblliic (Heading .-- /15/22 & 3/1/22CIDIRV 22-002 Page 1039 of 1515 Bireweiryl(Distilleiry,Winery), r o o r o. Proposed Aimeindiments ILIDIR Airnein irneint i Page 1040 of 1515 Bireweiryl(Distilleiry,Winery), r o o r o. Former [Due South, Boynton Beach Brewery: An industrial use (similar to Beverage ) that produces alcoholic If�IE: V V IE: beverages. No limits on production, __ rnrn r i l rnn nt is tl n 1. No food ice _ ll wed. Includes Winery n Distillery. ILIIRAmendments iity Coirnirnlissiloin IPulblliic IH ir�ing .-- /15/22 & 3/1/22CIDIRV 22-002 Page 1041 of 1515 Bireweiryl(Distilleiry, Winery), Miciro-Bireweiry (Miciro- Distillery, Miciro-Mineiry), Birewpubjap-Rooms Proposed Aimeindiments Saltwater Brewery, [.Delray Beach Page 1042 of 1515 Bireweiryl(Distilleiry,Winery), r o o r o. Titanic Brewery, Coral Gables If�IE: V V IE: „ Ip, -I Dols° Produces u 1,500 barrels/year rax.exclusively for on-site E= consumption, Lul t _lik _ _ bar-use. IEEIire Ip l :: F r u 1,500 barrels/year ra x. x lu ively for ori -site n umption, r ul t ._lk r` t urutu . .__.._ ILIIR Amendments lIty Coirnirnlissiloin IPulblliic IH ir�ing .-- /15/22 & 3/1/22CIDIRV 22-002 Page 1043 of 1515 Bireweiryl(Distilleiry,Winery), r o o r o. Proposed Amendments Production Limits N/A 3,000 1,500 1,500 (barrels/year) Distribution allowed? Yes Yes No No Commercial No, food service Yes Yes Yes Component Required? not allowed. Permitted by Right M-1, PID (none) (none) All non-residential districts except C-1, accessory in PU and REC Permitted through C-4 All commercial and C-3, C-4, CBD, PCD, (none) Conditional Use mixed-use districts except SMU, MU -2 through C-1 and C-2 MU -4, MU -C, PID �LDR Amendments ClIty Coirnimlissiloin IPulblliic (Headings .-- /15/22 & 3/1/22CDRV 22-002 Page 1044 of 1515 i ®Growth il-thiiin the talke-out/dellilveiry through the I op u ll iriity of 1r .-I it-ty Il iiv iry coirn 1pain lies.. ILIIRAmendments lIty Coirnimlissiloin IPulblliic (Heading .-- /15/22 & 3/1/22CIDIRV 22-002 Page 1045 of 1515 i Proposed Aimeindiments ILIIR Airneindirneints Clity Coirnimlissiloin IPulblliic (Heading .-- /15/22 & 3/1/22CIDIRV 22-002 Page 1046 of 1515 (r6B -CITY OF- III Owi NTON Page 1047 of 1515 AW Public Hearing 3/11/2022 Requested Action by Commission: Proposed Ordinance No. 22-007 - Second Reading - Approving WXEL request for Future Land Use Map Amendment from Recreation (R) to Office Commercial (OC), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. Proposed Ordinance No. 22-008 - Second Reading - Approving WXEL request for Rezoning from Recreation (REC) to Office Professional (C-1), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. Explanation of Request: The existing 6.12 acre site is developed, and contains a ±32,562 square -foot Radio & TV Broadcasting studio and associated parking lots which were constructed in 1989 according to Palm Beach County Property Appraiser records. Prior to it's development, the City of Boynton Beach owned the property where the WXEL TV and radio facilities are currently located. On April 9, 1986, the City of Boynton Beach transferred title to South Florida Public Telecommunications, Inc. The deed for the property has a perpetual restriction which reads: "The above-described property shall be used by the grantee, its successors and assigns, as a non-profit education and or Public Broadcasting or Communications system or systems or facility." Furthermore, the deed states that "the restrictions are perpetual in duration unless modified or released in writing by the Grantor"(City of Boynton Beach). No records have been found to demonstrate that this has occurred. In 2019, the site was transferred under a warranty deed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TI ITF), the current property owner of the site. The warranty deed's language does not appear to nullify the conditions imposed in the prior recorded deed. The current future land use classification and zoning for recreation purposes is inconsistent with the current use of the site. The applicant has expressed to staff the desire to expand the current use. Current land development regulations prohibit the expansion of non -conforming uses, of which a Radio & TV Broadcasting use is as it is not a permitted use under the REC zoning district. The owner has submitted an application to change the Future Land Use to Office Commercial (OC) and amend the Zoning of the the property to Office Professional (C-1), a conventional zoning district, which would permit the use and allow for its expansion. A conventional zoning district does not require a master plan or site plan at time of application. As such, the applicant is planning to submit a site plan application at a later date for the construction of an approximately ±7,000 square -foot addition to the existing building to house an accessory non-profit educational center to support field trips to the studio. The Planning & Development Board recommended approval of this item on January 25, 2022 How will this affect city programs or services? N/A Fiscal Impact: N/A Page 1048 of 1515 Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description D OrdinainCE) Ordinall'ICE) chair giing ME1 I aind USE) DE)Siginaboin D OrdinainCE) Ordinal['IC2, airTIE)inding ME1 IREsZC)11'111'ing D Staff IRE)port Staff IRE)port D 1.....a" caflloin Map Exhibit A 1.....a" caboin Map D Exhibit Exhibit B E)dsbing Zoiniing D Exhibit Exhibit C Flro�POSEd D Exhibit Exhibit D Exisbing F:::L.J1tL.J1ir'E) I aind USE) D Exhibit Exhibit E Flro�POSEd F:::L.J1tL.J1ir'Es I aind L. SE: D Exhibit Exhibit F::: Appicaint Flir'E)SENI'Itaboin D Exhibit Exhibit (3) Staff Flir'E)SENI'Itaboin Page 1049 of 1515 1 ORDINANCE NO. 22- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE 5 ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY 6 KNOWN AS WXEL AND DESCRIBED HEREIN, CHANGING THE LAND USE 7 DESIGNATION FROM RECREATION (R) TO OFFICE COMMERCIAL (OC); 8 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use 12 Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 13 Comprehensive Planning Act; and 14 WHEREAS, the procedure for amendment of a Future Land Use Element of a 15 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 16 WHEREAS, after two (2) public hearings the City Commission acting in its dual 17 capacity as Local Planning Agency and City Commission finds that the amendment 18 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 19 in the best interest of the inhabitants of said City to amend the Future Land Use Element 20 (designation) of the Comprehensive Plan as hereinafter provided. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 26 Future Land Use of the following described land: 27 A Parcel of Land in section 6, township 46 south, range 43 east, palm 28 Beach County, Florida, described as follows: 29 30 Commencing at the Northeast corner of said intersection 6; thence with a 31 bearing of South, along the east line of said section 6, a distance of 1783.92 32 feet to a point: Thence with a bearing of west, a distance of 53.00 feet to a 33 point on the west right of way line of Congress Avenue; said point beginning 34 the point of beginning; Thence continue with a bearing of south along the 35 west right of way line of Congress Avenue; Said point lying 53.00 feet of west 36 of and parallel with the east line of section 6. A distance of 480.00 feet to a 37 point; Thence with a bearing of west, a distance of 370.00 feet; Thence with S:ACA\Ordinances\Planning\Land UseAWXEL LUA - Ordinance.Docx Page 1050 of 1515 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 70 71 72 73 74 75 76 77 78 a bearing of south, a distance of 111.8 feet; Thence with a bearing of west, a distance of 380.00 feet to a point of the east line of the subdivision summit Plat No. 1, as recorded in plat book 36, pages 48 through 51 of the public records of Palm Beach County, Florida; Thence with a bearing f north along the east line of summit plat No. 1, a distance of 229.26 feet; Thence with a bearing of east, a distance of 380.00 feet; Thence with a bearing of south 85130'30" east, a distance of 371.14 feet, more or less to the point of beginning, less the east 7. Feet thereof. is amended from Recreation (R) to Office Commercial (OC). Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this 15th day of February, 2022. SECOND, FINAL READING and PASSAGE this day of March, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\Ordinances\Planning\Land UseAWXEL LUA - Ordinance.Docx VOTE YES NO Page 1051 of 1515 1 ORDINANCE NO. 22- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND 5 DESCRIBED HEREIN AND COMMONLY REFERRED TO AS WXEL FROM 6 RECREATION (REC) TO OFFICE PROFESSIONAL (C-1); PROVIDING FOR 7 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 8 9 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 10 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 11 WHEREAS, Steven Siebert Architecture, Inc., has made application to rezone land, said 12 land being more particularly described hereinafter, from Recreation (REC) to Office Professional 13 (C-1); and 14 WHEREAS, the City Commission conducted public hearings as required by law and 15 heard testimony and received evidence which the Commission finds supports a rezoning for 16 the property hereinafter described; and 17 WHEREAS, the City Commission deems it in the best interests of the inhabitants of said 18 City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing Whereas clauses are true and correct and incorporated 22 herein by this reference. 23 Section 2. The land herein described be and the same is hereby rezoned from 24 Recreation (REC) to Office Professional (C-1). A location map is attached hereto as Exhibit "A" 25 and made a part of this Ordinance by reference. Legal Description: 26 A Parcel of Land in section 6, township 46 south, range 43 east, palm Beach 27 County, Florida, described as follows: 28 29 Commencing at the Northeast corner of said intersection 6; thence with a bearing 30 of South, along the east line of said section 6, a distance of 1783.92 feet to a 31 point: Thence with a bearing of west, a distance of 53.00 feet to a point on the 32 west right of way line of Congress Avenue; said point beginning the point of 33 beginning; Thence continue with a bearing of south along the west right of way 34 line of Congress Avenue; Said point lying 53.00 feet of west of and parallel with 35 the east line of section 6. A distance of 480.00 feet to a point; Thence with a 1 S:ACA\Ordinances\Planning\Rezoning\WXEL - Rezone - Ordinance.Docx Page 1052 of 1515 36 37 38 39 40 41 42 43 44 45 bearing of west, a distance of 370.00 feet; Thence with a bearing of south, a distance of 111.8 feet; Thence with a bearing of west, a distance of 380.00 feet to a point of the east line of the subdivision summit Plat No. 1, as recorded in plat book 36, pages 48 through 51 of the public records of Palm Beach County, Florida; Thence with a bearing f north along the east line of summit plat No. 1, a distance of 229.26 feet; Thence with a bearing of east, a distance of 380.00 feet; Thence with a bearing of south 85130'30" east, a distance of 371.14 feet, more or less to the point of beginning, less the east 7. Feet thereof. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 46 accordingly. 47 48 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be 49 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this 15th day of February, 2022. SECOND, FINAL READING and PASSAGE this day of March, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk 2 S:ACA\Ordinances\Planning\Rezoning\WXEL - Rezone - Ordinance.Docx VOTE YES NO Page 1053 of 1515 74 (Corporate Seal) S:ACA\Ordinances\Planning\Rezoning\WXEL - Rezone - Ordinance.Docx Page 1054 of 1515 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-003 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner DATE: January 14, 2022 PROJECT: Cornelia T. Bailey Cultural Arts Center (WXEL) LUAR 22-001 REQUEST: Approve WXEL request for Future Land Use Map amendment from Recreation (R) to Office Commercial (OC), and Rezoning from Recreation (REC) to Office Professional (Cl), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. PROJECT DESCRIPTION Property Owner: Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) Applicant: Gene H. Talley, South Florida PBC Inc. Agent: Lauren Sands, Urban Design Studio Address: 3401 South Congress Avenue Location: West side of Congress Avenue, approximately 1000 feet south of Charter Drive North. Existing Land Use: Recreation (R) Proposed Land Use: Office Commercial (OC) Existing Zoning: Recreation (REC) Proposed Zoning: Office -Professional (C-1) Proposed Use: Radio & TV Broadcasting Acreage: 6.12 acres Page 1055 of 1515 Page 2 Cornelia T. Bailey Cultural Arts Center (WXEL) LUAR 22-001 Adjacent Uses: North: Park with a Future Land Use designation of Recreation (R) and zoned Recreation (REC). South: Single-family PUD with a Future Land Use designation of Low Density Residential (LDR) and zoned Planned Unit Development (PUD). East: South Congress Avenue right-of-way, then mini-warehouse/self-storage with a Future Land Use designation of Industrial (1) and zoned Industrial (M1). West: Golf Course for residential PUD with a Future Land Use designation of Low Density Residential (LDR) and zoned Planned Unit Development (PUD). BACKGROUND The existing 6.12 site is developed, and contains a ±32,562 square -foot Radio & TV Broadcasting studio and associated parking lots which were constructed in 1989 according to Palm Beach County Property Appraiser records. Prior to it's development, the City of Boynton Beach owned the property where the WXEL TV and radio facilities are currently located. On April 9, 1986, the City of Boynton Beach transferred title to South Florida Public Telecommunications, Inc. The deed for the property has a perpetual restriction which reads: "The above-described property shall be used by the grantee, its successors and assigns, as a non-profit education and or Public Broadcasting or Communications system or systems or facility." Furthermore, the deed states that "the restrictions are perpetual in duration unless modified or released in writing by the Grantor" (City of Boynton Beach). No records have been found to demonstrate that this has occurred. In 2019, the site was transferred under a warranty deed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF), the current property owner of the site. The warranty deed's language does not appear to nullify the conditions imposed in the prior recorded deed. The current future land use classification and zoning for recreation purposes is inconsistent with the current use of the site. The applicant has expressed to staff the desire to expand the current use. Current land development regulations prohibit the expansion of non -conforming uses, of which a Radio & TV Broadcasting use is as it is not a permitted use under the REC zoning district. The owner has submitted an application to change the Future Land Use to Office Commercial (OC) and amend the Zoning of the the property to Office Professional (C-1), a conventional zoning district, which would permit the use and allow for its expansion. A conventional zoning district does not require a master plan or site plan at time of application. As such, the applicant is planning to submit a site plan application at a later date for the construction of an approximately ±7,000 square -foot addition to the existing building to house an accessory non-profit educational center to support field trips to the studio. 2 Page 1056 of 1515 Page 3 Cornelia T. Bailey Cultural Arts Center (WXEL) LUAR 22-001 PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan, and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. The final adoption by the City Commission is tentatively planned for March 2022. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and Zoning Map amendments are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a Zoning Map amendment. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The current use of the site is incompatible with the existing future land use and zoning. The proposed Future Land Use and Zoning Map amendments would bring the current Radio and TV Broadcasting use into conformance and would permit its expansion. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is generally consistent with the purpose and intent of the Comprehensive Plan and Land Development Regulations. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The subject property fronts Congress Avenue, which is an arterial roadway, and non-residential uses are located to the north and east and also front Congress Avenue. The existing land use pattern surrounding the site consists of an assortment of warehouse uses, as well as single- family residential buildings and both privately -owned and city -owned recreation facilities. In addition, the site is greater than six acres in area which establishes a pattern unto its own and does not act as an isolated parcel. As such, the proposed Future Land Use Map amendment and Zoning Map amendment would not create a conflict with the established land use pattern. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and Page 1057 of 1515 Page 4 Cornelia T. Bailey Cultural Arts Center (WXEL) LUAR 22-001 rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. Currently, the use of the property is restricted to non-profit educational and public broadcast uses. Due to the nature of these types of uses, integrating these uses with adjacent properties would not provide any meaningful benefits. The site has access to alternative modes of transportation through a nearby bus stop which provides access to Palm Tran's Route 2, which may be utilized by the use's employees to commute to and from the site. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Both potable water and sewer mains are available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of any new site plan, land development, and building permit review processes. Traffic. The applicant has provided a traffic impact statement showing that the conceptual addition would generate an additional 203 daily trips. Schools. Commercial zoning does not allow for residential uses, therefore the School Capacity Availability Determination application is not required. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the responses to criteria "a" and "c". In addition, the property is restricted to non-profit education and public broadcasting uses. The proposed amendments would allow the Future Land Use and Zoning Map to more accurately reflect current conditions and allow for the expansion of a cultural asset providing a public benefit to the City. g. Direct Economic Development Benefits. For rezoning / FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: N Page 1058 of 1515 Page 5 Cornelia T. Bailey Cultural Arts Center (WXEL) LUAR 22-001 (1) Further implementation of the Economic Development (ED) Program; (2) Contribute to the enhancement and diversification of the City's tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. The proposed amendment would allow for the expansion of non-profit education and public broadcasting uses and thus respond to community needs by providing a cultural and public asset not locally available. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment and Zoning Map amendment would not reduce the amount of land available for commercial/industrial development as the current zoning designation does not permit commercial uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are no comparable sites. The current tenant is looking to expand on the existing site, rather than seek out an alternate site location. See criterion "a." j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. No site plan is proposed at this time. Any site plan proposed for the site will comply with the requirements of the respective zoning district regulations of C-1 and the site development standards of Chapter 4. Page 1059 of 1515 Page 6 Cornelia T. Bailey Cultural Arts Center (WXEL) LUAR 22-001 RECOMMENDATION Staff has reviewed the proposed Future Land Use and Zoning Map amendments against the review criteria provided in Chapter 2, Article II, Section 2, Subsections B.3.c and D.3 and has found the proposal to meet the aforementioned criteria. Therefore, staff recommends that the requests be approved. 6 Page 1060 of 1515 Page 1061 of 1515 Page 1062 of 1515 Page 1063 of 1515 Page 1064 of 1515 Page 1065 of 1515 Page 1066 of 1515 Page 1067 of 1515 Page 1068 of 1515 Page 1069 of 1515 Page 1070 of 1515 Page 1071 of 1515 Page 1072 of 1515 Cornelia T. Bailey Cultural Arts Center (WXEL) Future Land Use Map Amendment and Rezoning LUAR 22-001 Planning & Development Board Meeting January 25, 2022 City Commission Meetings February 15, 2022 1 March 1, 2022 PROVIDED, HOWEVER, anything herein to the contrary not- withstanding, it is distinctly understood and the Grantee expressly declares, covenants and - agrees for itself, its successors and assigner that this deed is given subject to the 'following covenants which shall run with the land, and which shall be perpetual in duration unless modified.or released'in writing by the Grantor, its successors and assigns, and shall bind .the Grantee itssuccessors and assigns and shall be enforceable by an d r nd the GraTh r h ve tdescribedo propertysashall be used aynthe llj tee, its successors and assigns, as IIII and/or public broadcasting or i educational/ p d 4 � HOF, Pura _ Resolution _.cations system ors stems or ¢ TNESS WHER u' auant to R No passed andt by its City Council on the said pae� the first part has caused these presents to be executed�in ams by its Mayor and attested by its. Clerk and its Seal to ereto affixed on the day and year first above written. Signed, sealed andVd&iVered in the presence of: �Q�J _ CS M Pai]aMs c�c, Irlrnidm 3230R P- 05129 - 531; (3mss) WARRANTY DEED `�(a�TUTORX FORM- SECTION 6S9.U2, H.H.) J S INDENTURE ode dt 1Sxh d y f Febr 3r YA.D. a, hctwern SOEPt 1I FLORIDAPBS. I1VC, FI ..I for t orporadap, by e+E rb WXaEI P rifle �' dr�xnW g 4'nrpu C n, klo d t for proft p Bona, rtjp{g�V bN g 116 a y 7el¢aa munlgaamh Itl 1?I t4 Pmft rpa fi by marx ,S nIh F1a�P bl_ Tele d s tacn a Florida net le, profd rp b. adelr 3d01 SV to COaxRpar A nary BVY f h F1. 13dffi g t d U B(}ARD OF TRUS FEES OFT RAIL INfPROVEMENT 8 RU5"f FUND OF THE STATE RIDA ash.. W [ ff dd—, is U Florida DRpardn t F' ma_ P to o D n of Smm Lands, 390U ' corn ea N 30430 t6�.Ba l—rd, Mail Sutlon IIS, FallahaNne, FL 32399- glanmo, {Wnerc \ g tl R 1�"' Iriuiud n the .ra f h4 Y d ihzim asimn Eigai P Davey d ` Jinu a(o.e gnr ams gm.r4 <aman wa.. eaa aria ,nrmer slm yg ream nneW� IIS. d Y } WITNESSETH: fha Rasp granter Wr and d _ n of she f T b ilars d th g d d a3uaM1le as de wsaid bs d paid by 'd gam the p, w1u, of is hcrabY la 6 dged bar Vanud, berg d d Id Ir. Cb , rid gr mnz sue ss end xRa7gus 2 rover, �dta folldwinx al—iba3 hnd ort—, lybig and dung iv PRI 9 £ riry FI da to Sae Fxiub t "'A" aftaohed heCrotaI fercaco made a pvrt hmeof. Property Appraiser's FareelId'emi%Etnaa Number: ll8-A3i!>.U6-0U-0mU•1ndU ut niam iw ran edbi i, u1bu o 4sfricto e.uu'ritad-,and uu—di�ti— of—rd r �,,iy w oxi4uibil iu iYmem_hi'Wm, IIII mmr trtl yhaveb ". dafart h bN r01ti p6ied IIII Po dos kr p r -d. at U laamoatwd propatt4 xraal nLgoou t h pgcad p p ny er ouch vx hornestexd defin d Fl.,id. lnW. C AND dr d gr mart doe® hereby filly rt dt f Ile. a id land aM wlf aefend Che same 6 t dre.Iawfil Paws of all pe1— h 'sever IN WITNESS WBFRFOF rhe grantor hashereuata ae't grantles handand seal, the day and year fa above Wrinmi. CITY OF BOYNTON BEACH Sigrred,eealadsaddefiv din The prosanruaf SOUTH FLORIDA FIRS, INC., Flvr_da eat far pr fit BY: 44 MAY. OR earYF,mr1/brio ATTEST: (siEaan, of FI 1 wlnraaal. _...... n 1 a sikihdeo P ram a ee© r 2delela Olma grr p� A� rhlted IyPed Petl �ty17 .,.. M 3 of R>: 1r t Wtmiss 5 pC'd"""� fCORPORAIEFtA1t i`' (sigaimwa oY 6eCasdW n g, ° NU a it s Iii nl ed, typed ar emmpeel nnmo of —_.. .. ori iaidImYass) krtf,� 's 13Y mla sv aeY s arNa ®ram Yronprmrc oras atl "twa�p (o:`?° dagneq - ntisealms,, ipn M 201.Florida StvNles, intR f teat Ih s,r .�- dpaumeal is exmnp[ Mem d. geCumamary abmp inx aR auCFwAzed'` W aehsacllon TOY.02(a), Florida 5tatenea. Page 1075 of 1515 Proposed Amendments Future Land Use Current: Recreation (R) Proposed: Office Commercial (OC) Zoning Current: Recreation (REC) Proposed: Office Professional (C1) WXEL City Commission Public Hearings — 2/15/22 & 3/1/22 LUAR 22-001 Page 1077 of 1515 Page 1078 of 1515 Recommendation Staff has reviewed the proposed Future Land Use Map and Zoning Map amendments against the review criteria provided in Chapter 2, Article 11, Section 2, Subsections B.3.c, & D.3 and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. E:lu" Public Hearing 3/11/2022 Requested Action by Commission: Proposed Ordinance No. 22-009 - Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 2, Article 11, Section 2. Standard Applications to revise review criteria for future land use map amendments and rezonings. Explanation of Request: All applications for future land use map amendments and rezonings are reviewed against specific review criteria in the Land Development Regulations. The review criteria in their current form are often construed as redundant and unclear. The proposed changes accomplish the following: 1. Update the threshold for small scale and large scale land use map amendments to be consistent with recent amendments to the Florida Statutes; 2. Combine the existing Future Land Use Map Amendments and Rezoning criteria into one set of criteria as these applications are generally processed concurrently; 3. Update multiple review criteria to correspond with updated city goals regarding economic development and mobility, including allowing for the consideration of market trends, access to mobility options, and furthering the vision and goals of the CRA plan; 4. Update criteria titles to better reflect the intent of the criteria, introducing "location efficiency" to describe land use integration and mobility access, and "heavy commercial" terminology to distinguish it from general commercial; 5. Clarify the review criteria sections to be more relevant in the assessment of the aforementioned applications; and 6. Clarify required documentation for master plan applications. The proposed changes will allow staff to more effectively assess proposed future land use map amendments and rezonings, and ensure that they are in line with the city's currently established goals and direction. The Planning & Development Board recommended approval of this item at their January 25, 2022 meeting. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Page 1080 of 1515 Is this a grant? Grant Amount: Attachments: Type D OrdinainCE) D Staff IRE)port D Exhibit Description Ordinal['IC2, appirtnkng r'E)ViE)W cir'RE)ria airTIENridirTIENI'lts, Staff IRE)port Exhibit A FlrolPOSEd AirTIENridirTIENI'lts Exhibit IB Staff Flir'E)SE)intaboin Page 1081 of 1515 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. 22 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 2, ARTICLE II, SECTION 2. STANDARD APPLICATIONS TO REVISE REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS AND REZONING, PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, all applications for future land use map amendments and rezoning are reviewed against specific review criteria in the Land Development Regulations; and WHEREAS, the review criteria in their current form are often construed as redundant and 15 unclear; and 16 WHEREAS, the revisions contained herein are made to clarify the review criteria; and 17 WHEREAS, the City Commission of the City of Boynton Beach has considered the 18 recommendations and has determined that it is in the best interest of the citizens and residents 19 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 20 Regulations as contained herein. 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 24 25 26 27 28 29 Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. City of Boynton Beach Land Development Regulations, Chapter 2, "Land Development Process", Article II, Section 2, "Standard Applications" is hereby amended as follows: See Exhibit "A" attached hereto and incorporated herein. Section 3. Each and every other provision of the Land Development Regulations not 0 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 2) FLUM And Rezone Criteria - Ordinance.Docx Page 1082 of 1515 30 herein specifically amended, shall remain in full force and effect as originally adopted. 31 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 32 with any provisions of this ordinance are hereby repealed. 33 Section 5. Should any section or provision of this Ordinance or any portion thereof be 34 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 35 remainder of this Ordinance. 36 Section 6. Authority is hereby given to codify this Ordinance. 37 Section 7. This Ordinance shall become effective immediately. 38 FIRST READING this 15th day of February, 2022. 39 SECOND, FINAL READING AND PASSAGE this day of March, 2022. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE 2 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 2) FLUM And Rezone Criteria - Ordinance.Docx YES NO Page 1083 of 1515 EXHIBIT "A" PART 111. LAND DEVELOPMENT REGULATIONS CHAPTER 2: LAND DEVELOPMENT PROCESS ARTICLE 11. PLANNING AND ZONING DIVISION SERVICES Sec. 2. Standard Applications. B. Comprehensive Plan Amendments. 3. Future Land Use Map (FLUM) Amendment. a. General. (1) The purpose of this subsection is to provide a means for changing the boundaries and/or classifications of the FLUM through site-specific amendments to the Comprehensive Plan. (2) A request for FLUM amendment for parcels of fifty (4450) acres or fewer shall be considered small scale, and all others shall be considered large scale, based on F.S. Chapter 163. (3) All privately initiated FLUM amendments shall be accompanied by an application to rezone to a zoning district consistent with the requested FLUM classification. See Section 2.1). below for the process by which lands are rezoned to a different zoning district. b. Submittal Requirements. See Section 1.1). above for the submittal requirements of this application. c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for city -initiated FLUM amendments, which shall at a minimum meet criterion (2) for "Consistency," approval of a FLUM amendment/zoning request shall be based on one (1) ^r e ^-' the following applicable factors listed under Section 2.D.3. below.-. AppFepr-iate da ta a 4-4d- analysis that adequately substanti- Page 1084 of 1515 een_si.stent with the pui:pese and intent 4, and pi:en4ete, the applicable (;ei44pi:e_h_e_4_4_rA_ve 1-21--;41+ F>,r tb,e G A -;t,> r 444ability initiatives, with an eH4phasis en 1) eeR4pleR4entar-y land uses; 2) access ta beet,ye-er add -e t r rties (9)Availability of Public-C,r,>; �r,,Fr,�tr,, t„r, nll Fequests fe_p FI -1 -TA -4 - SA -4 -al -1- , emp tib4 t,>. (a) Whethei: the r >,sea U11JA4 44dA4.,44t ;444d pezening„l.a be -,t;b,le (b) Whethei: the r eyed- 4nd-A--ent -and Feze-4-4ing is of a seale-bbxliieln is i:elated to tlRe ed- S A- f the ghlb.,rL,.,.,.a and the city .>L,.,le !SJAeS. 14.41 -4 -4 -4 -1 -4 -e -F tlheipe ai:e adequate sites ellse;.*Iheipe J-4-4 t1he city fel: the d. Approval Process. An application for FLUM amendment shall be processed in accordance with F.S. Chapter 163. e. Denial. No application for the same FLUM amendment shall be submitted within one (1) year from the date of denial by the City Commission. D. Rezoning, Including Master Plan. 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a means for making necessary adjustments in response to or based upon changed conditions by changing the zoning district boundaries or designations through site-specific amendments to the official Page 1085 of 1515 zoning map. It is not intended to relieve particular hardships or to confer special privileges or rights to any person. b. Authority. The City Commission has the authority to amend the official zoning map upon compliance with the provisions of this subsection. c. Initiation. Amendments to the official zoning map may be proposed by the owner (or agent) of the affected land, or city-initiated. d. Consistency with Future Land Use Map (FLUM) of Comprehensive Plan. No application to rezone lands may be submitted that would result in an inconsistency with the FLUM classification. See Section 2.13.3. above for the process by which to amend the FLUM classification. e. Rezoning to Planned Zoning Districts. A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district. A site plan may be submitted concurrently or at a later date. In projects consisting of only one phase, the site plan may act as the required master plan. City-initiated rezoning can proceed in advance of the master plan/site plan submittal. The master plan shall be reviewed in accordance with Section 2.D.6. below. See Section 2.17. below for additional regulations pertaining to the site plan application. 2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application. 3. Review Criteria. Except for city-initiated rezonings, which shall at a minimum meet criterion (fib) for "Consistency" approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on one (1) OF McFe of-the following applicable factors: a. Demonstration of Need. Whether the proposed amendments to the FLU and Zoning maps are supported by the implementation of the City's vision for, or changes in the conditions or character of development in, the area under consideration. Ongoing or anticipated market trends may also be considered in a Justification Statement provided as part of the application..4. „-f4-4-ee feF the r „azoning distF ,tan the pan Arlp elassific-ation. nppFepFi t„ d-,t-, B-4 ,-sthe p idea within the application. b. Consistency. Whether the proposed r-1.944 -„m end- B,„rt ^ra r,,. epi amendments to the FLU and Zoning maps would be consistent with, and promote, the purpose and intent of, and pFem^t^, the applicable Comprehensive Plan policies, Redevelopment Plans, a4+4 T ara -Development ReIgul-,t;e-r-sor any other current City-approved planning documents. e. Land Use P tt.,,r,, the pFepesed , g /T: T 944 -, 44 d--P-4.,,,t ..> constitute a gFant of special pFivilege to an individual pr-epeFty owner- as C-OHtF_AS#_:P_d_ 44.44:h t_: c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning, or potential uses allowed in a proposed Zoning district, would be compatible Page 1086 of 1515 with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. de. Whether the proposed amendments to the FLU and Zoning maps r g/ -UI T" `4 ^ ram^r*would support*'^ integi: tier Af;4 mix Af lana uses eensiste-4-4-t ;.A.44114- sH4aFt gFeko.4-1-4- A -.-p -su-stainability initiatives, with a14 eH4phaSiS e14 I-) complementary land uses. the integration of a mix of land uses consistent with smart growth or sustainability initiatives;24_ access to a wide range of mobility options ;^' m^a^-s ^-' tFansper-tat ^r; ^rd= or. interconnectivity within the project and between adjacent properties. -ef. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for lonLy-term capacity availabilitv at the maximum intensitv permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. (1) 14.e�nea.-P 44e p i: e pese --peze-4-4ing and11A a -Acif s a pFepeFties, eF would negatively affect the pFepeFty values of adjac-ent and neaFby pFepeFtie-s, (2) 14. hetheff thepFepe-sed- Fezeiflingn r-1.944 amendment, if „tea (1) Flffl-theff ; pl.,,ti,e t -,t;.,,, .,F the la'.-.,,,.,mie Development l` D) . ' egF n +r 1 f ,,,tr;l,,,t^ t„ the ^441,-„,.-^,ti,^,,t and- „F the City's tax 1hase. wage; tet-,-,l,•1•t.> (TBe ,,1.,H4ei4tai:y to existing uses, thus faste. iT.effects; ai44 (;) AI I eA.,J- rc^te h-Iig14t/ez ^oaS6icSE a-subjc et cir} ai:e^r. #g. Economic Development Impact Cmeenven*JI^r^' ZeJ4jJ g PjStJ:j _ Whether the proposed rezoning/FLUM amendments rove' ing i:eze ng to conventionalzoning distFiet , thee r Sb, -,11 S11 e er -sid,. hPt:hPV- the r p $-al would not would: Page 1087 of 1515 _(4a) Represent a potential decrease in the possible intensity of developments the usespei:n4ittedi the r ^a sand , eategei:y al4 /^r zening distF ,.t • end (fib) Represent a potential decrease in of uses with high probable economic development benefits. And whether the proposed rezoning/FLUM amendments would: Cl Create new employment opportunities: (dl Contribute to the enhancement and diversification of the city's tax base; (el Respond to the current or anticipated market demand or community needs: or (0 Alleviate economic obsolescence of the subject area. }h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed Win^ SFr TTna amendment amendments to the FLU and Zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides Sul h,S*^rti_;4 evidence of satisfying at least €enr—two (42) of the Direct Economic Development Benefits listed in subparagraph "g" above_; and empleyment building Size -;44-4-d- th-an- the petential of existing land use nnasteF plan and site plan review aFe FequiFed puFsuant to Seetien 1_.e. -ah- eve, both sh m 4. Approval Process. An application for rezoning approval requires review by the City Commission and shall be processed in accordance with Chapter 2, Article 1, Section 3. S. Denial. Within one (1) year from the date of denial by the City Commission or withdrawal of the application by the applicant, no application for same or similar zoning may be submitted, with the exception of applications which are initiated by the city. 6. Master Plan. a. General. The purpose of this subsection is to set forth well-defined application processes, review criteria, and uniform procedures for the rezoning of lands to planned districts (as defined by Chapter 1, Article 11). b. Submittal Requirements. Except as provided in Section 2.D.6.e below, the applicant is required to complete the rezoning application (see Section 1.D. above), and provide all documentation required by the respective application checklist. c. Review Criteria. The approval of a master plan shall be reviewed based on the following factors: Page 1088 of 1515 (1) Zoning and Standards Compliance. The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and site development standards described in Chapter 4. Tr ^aai*i^r the site pla- r;tes-Pi A --f site plan. {Diagrams. The master plan shall include diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. d. Approval Process. A privately -initiated request to rezone and its accompanying master planrequire review by the City Commission and shall be processed in accordance with Chapter 2, Article 1, Section 3. e. Expiration. A master plan shall remain valid unless the corresponding site plan expires, or if the site plan is not adopted within eighteen (18) months of the date of the master plan approval. In these instances, the official zoning map retains the planned zoning district designation, but the property does not possess a valid development order or development permit, and no permits maybe granted by the city on the subject property. The submittal and approval of a new or modified master plan, and a site plan application as provided in Section 2.D.1.e. above, shall be required in order to commence development, redevelopment, or other site improvements. Page 1089 of 1515 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-005 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner DATE: January 19, 2022 REQUEST: Approve modifications to Chapter 2, Article II, Section 2 Standard Applications to revise review criteria for future land use map and zoning amendments. (CDRV 22-003) BACKGROUND and PROPOSED AMENDMENTS All applications for future land use map amendments and rezonings are reviewed against specific review criteria in the land development regulations. The review criteria in their current form are often construed as redundant and unclear. The proposed changes accomplish the following: 1) Update the threshold for small scale and large scale land use map amendments to be consistent with recent amendments to the Florida Statutes; 2) Combine the existing Future Land Use Map Amendments and Rezoning criteria into one set of criteria as these applications are generally processed concurrently; 3) Update multiple review criteria to correspond with updated city goals regarding economic development and mobility, including allowing for the consideration of market trends, access to mobility options, and furthering the vision and goals of the CRA plan; 4) Update criteria titles to better reflect the intent of the criteria, introducing "location efficiency" to describe land use integration and mobility access, and "heavy commercial" terminology to distinguish it from general commercial; 5) Clarify the review criteria sections to be more relevant in the assessment of the aforementioned applications; and 6) Clarify required documentation for master plan applications. The proposed changes will allow staff to more effectively assess proposed future land use map amendments and rezonings, and ensure that they are in line with the city's currently established goals and direction. Page 1090 of 1515 PART 111. LAND DEVELOPMENT REGULATIONS CHAPTER 2: LAND DEVELOPMENT PROCESS ARTICLE 11. PLANNING AND ZONING DIVISION SERVICES Sec. 2. Standard Applications. B. Comprehensive Plan Amendments. 3. Future Land Use Map (FLUM) Amendment. a. General. (1) The purpose of this subsection is to provide a means for changing the boundaries and/or classifications of the FLUM through site-specific amendments to the Comprehensive Plan. (2) A request for FLUM amendment for parcels of fifty (4450) acres or fewer shall be considered small scale, and all others shall be considered large scale, based on F.S. Chapter 163. (3) All privately initiated FLUM amendments shall be accompanied by an application to rezone to a zoning district consistent with the requested FLUM classification. See Section 2.1). below for the process by which lands are rezoned to a different zoning district. b. Submittal Requirements. See Section 1.1). above for the submittal requirements of this application. c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for city -initiated FLUM amendments, which shall at a minimum meet criterion (2) for "Consistency," approval of a FLUM amendment/zoning request shall be based on one (1) ^r e ^-' the following applicable factors listed under Section 2.D.3. below.-. AppFepr-iate da ta a 4-4d- analysis that adequately substanti- Page 1091 of 1515 een_si.stent with the pui:pese and intent 4, and pi:en4ete, the applicable (;ei44pi:e_h_e_4_4_rA_ve 1-21--;41+ F>,r tb,e G A -;t,> r 444ability initiatives, with an eH4phasis en 1) eeR4pleR4entar-y land uses; 2) access ta beet,ye-er add -e t r rties (9)Availability of Public-C,r,>; �r,,Fr,�tr,, t„r, nll Fequests fe_p FI -1 -TA -4 - SA -4 -al -1- , emp tib4 t,>. (a) Whethei: the r >,sea U11JA4 44dA4.,44t ;444d pezening„l.a be -,t;b,le (b) Whethei: the r eyed- 4nd-A--ent -and Feze-4-4ing is of a seale-bbxliieln is i:elated to tlRe ed- S A- f the ghlb.,rL,.,.,.a and the city .>L,.,le !SJAeS. 14.41 -4 -4 -4 -1 -4 -e -F tlheipe ai:e adequate sites ellse;.*Iheipe J-4-4 t1he city fel: the d. Approval Process. An application for FLUM amendment shall be processed in accordance with F.S. Chapter 163. e. Denial. No application for the same FLUM amendment shall be submitted within one (1) year from the date of denial by the City Commission. D. Rezoning, Including Master Plan. 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a means for making necessary adjustments in response to or based upon changed conditions by changing the zoning district boundaries or designations through site-specific amendments to the official Page 1092 of 1515 zoning map. It is not intended to relieve particular hardships or to confer special privileges or rights to any person. b. Authority. The City Commission has the authority to amend the official zoning map upon compliance with the provisions of this subsection. c. Initiation. Amendments to the official zoning map may be proposed by the owner (or agent) of the affected land, or city-initiated. d. Consistency with Future Land Use Map (FLUM) of Comprehensive Plan. No application to rezone lands may be submitted that would result in an inconsistency with the FLUM classification. See Section 2.13.3. above for the process by which to amend the FLUM classification. e. Rezoning to Planned Zoning Districts. A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district. A site plan may be submitted concurrently or at a later date. In projects consisting of only one phase, the site plan may act as the required master plan. City-initiated rezoning can proceed in advance of the master plan/site plan submittal. The master plan shall be reviewed in accordance with Section 2.D.6. below. See Section 2.17. below for additional regulations pertaining to the site plan application. 2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application. 3. Review Criteria. Except for city-initiated rezonings, which shall at a minimum meet criterion (fib) for "Consistency" approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on one (1) OF McFe of-the following applicable factors: a. Demonstration of Need. Whether the proposed amendments to the FLU and Zoning maps are supported by the implementation of the City's vision for, or changes in the conditions or character of development in, the area under consideration. Ongoing or anticipated market trends may also be considered in a Justification Statement provided as part of the application..4. „-f4-4-ee feF the r „azoning distF ,tan the pan Arlp elassific-ation. nppFepFi t„ d-,t-, B-4 ,-sthe p idea within the application. b. Consistency. Whether the proposed r-1.944 -„m end- B,„rt ^ra r,,. epi amendments to the FLU and Zoning maps would be consistent with, and promote, the purpose and intent of, and pFem^t^, the applicable Comprehensive Plan policies, Redevelopment Plans, a4+4 T ara -Development ReIgul-,t;e-r-sor any other current City-approved planning documents. e. Land Use P tt.,,r,, the pFepesed , g /T: T 944 -, 44 d--P-4.,,,t ..> constitute a gFant of special pFivilege to an individual pr-epeFty owner- as C-OHtF_AS#_:P_d_ 44.44:h t_: c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning, or potential uses allowed in a proposed Zoning district, would be compatible Page 1093 of 1515 with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. de. Whether the proposed amendments to the FLU and Zoning maps r g/ -UI T" `4 ^ ram^r*would support*'^ integi: tier Af;4 mix Af lana uses eensiste-4-4-t ;.A.44114- sH4aFt gFeko.4-1-4- A -.-p -su-stainability initiatives, with a14 eH4phaSiS e14 I-) complementary land uses. the integration of a mix of land uses consistent with smart growth or sustainability initiatives;24_ access to a wide range of mobility options ;^' m^a^-s ^-' tFansper-tat ^r; ^rd= or. interconnectivity within the project and between adjacent properties. -ef. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for lonLy-term capacity availabilitv at the maximum intensitv permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. (1) 14.e�nea.-P 44e p i: e pese --peze-4-4ing and11A a -Acif s a pFepeFties, eF would negatively affect the pFepeFty values of adjac-ent and neaFby pFepeFtie-s, (2) 14. hetheff thepFepe-sed- Fezeiflingn r-1.944 amendment, if „tea (1) Flffl-theff ; pl.,,ti,e t -,t;.,,, .,F the la'.-.,,,.,mie Development l` D) . ' egF n +r 1 f ,,,tr;l,,,t^ t„ the ^441,-„,.-^,ti,^,,t and- „F the City's tax 1hase. wage; tet-,-,l,•1•t.> (TBe ,,1.,H4ei4tai:y to existing uses, thus faste. iT.effects; ai44 (;) AI I eA.,J- rc^te h-Iig14t/ez ^oaS6icSE a-subjc et cir} ai:e^r. #g. Economic Development Impact Cmeenven*JI^r^' ZeJ4jJ g PjStJ:j _ Whether the proposed rezoning/FLUM amendments rove' ing i:eze ng to conventionalzoning distFiet , thee r Sb, -,11 S11 e er -sid,. hPt:hPV- the r p $-al would not would: Page 1094 of 1515 _(4a) Represent a potential decrease in the possible intensity of developments the usespei:n4ittedi the r ^a sand , eategei:y al4 /^r zening distF ,.t • end (fib) Represent a potential decrease in of uses with high probable economic development benefits. And whether the proposed rezoning/FLUM amendments would: Cl Create new employment opportunities: (dl Contribute to the enhancement and diversification of the city's tax base; (el Respond to the current or anticipated market demand or community needs: or (0 Alleviate economic obsolescence of the subject area. }h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed Win^ SFr TTna amendment amendments to the FLU and Zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides Sul h,S*^rti_;4 evidence of satisfying at least €enr—two (42) of the Direct Economic Development Benefits listed in subparagraph "g" above_; and empleyment building Size -;44-4-d- th-an- the petential of existing land use nnasteF plan and site plan review aFe FequiFed puFsuant to Seetien 1_.e. -ah- eve, both sh m 4. Approval Process. An application for rezoning approval requires review by the City Commission and shall be processed in accordance with Chapter 2, Article 1, Section 3. S. Denial. Within one (1) year from the date of denial by the City Commission or withdrawal of the application by the applicant, no application for same or similar zoning may be submitted, with the exception of applications which are initiated by the city. 6. Master Plan. a. General. The purpose of this subsection is to set forth well-defined application processes, review criteria, and uniform procedures for the rezoning of lands to planned districts (as defined by Chapter 1, Article 11). b. Submittal Requirements. Except as provided in Section 2.D.6.e below, the applicant is required to complete the rezoning application (see Section 1.D. above), and provide all documentation required by the respective application checklist. c. Review Criteria. The approval of a master plan shall be reviewed based on the following factors: Page 1095 of 1515 (1) Zoning and Standards Compliance. The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and site development standards described in Chapter 4. Tr ^aai*i^r the site pla- r;tes-Pi A --f site plan. {Diagrams. The master plan shall include diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. d. Approval Process. A privately -initiated request to rezone and its accompanying master planrequire review by the City Commission and shall be processed in accordance with Chapter 2, Article 1, Section 3. e. Expiration. A master plan shall remain valid unless the corresponding site plan expires, or if the site plan is not adopted within eighteen (18) months of the date of the master plan approval. In these instances, the official zoning map retains the planned zoning district designation, but the property does not possess a valid development order or development permit, and no permits maybe granted by the city on the subject property. The submittal and approval of a new or modified master plan, and a site plan application as provided in Section 2.D.1.e. above, shall be required in order to commence development, redevelopment, or other site improvements. Page 1096 of 1515 r:�"YINTON ��MIIII IlN -CITY+�► +► a a II �o a % I a Review Criteria Pllaininiiing & Development IBoaird IMneetiiing Jainuairy 25, 2022 City Commission IMneetiiing IFelbruairy 15, 2022 1 IMnaircllh 1, 2022 Page 1097 of 1515 . l : the xii titing Futuire ILaind Use IMalp AimeindimeintsIre IRezoiniling cirliteirliaihnt Dias set of cirliteirlia as these Iii tii n Ir ineir lllly processed Irk u Ir Ir Irk ,t II y.. the irevilew cirliteirliasections -to the imoire r ll int ihn the imeint of the aforementioned pplii tii ns; aind 0 irequilired documentation -f r imasteir p1lain appIllicatiloins.. Review Criteria City Commission iion IF ubllii Hearings -- 2/15/22 & 3/1/222 CIDIRV 22-003 Page 1098 of 1515 0 Thar lh ll for IFILU aimeindimeints(im llll vs Il lr scalle) 1peir IFIL Statutes; IMull-till ll irevilew cirliteirlia-to reflect uI tiity goalls iregairdiling ecoinoimlic devellopmeint aind m l iilliity, coinsli lr thorn of imairlk t -tireinds, accessto Im l ii ll iity options, aind the I 11l ain; aind Iriiteirii filth -tobetteir Ireflect iiinteint, aind i atir u "ll thorn ffi dein y' aind "Iheavy Iri imeir ll ll Review Criteria City Commission iion IF ubllii Hearings -- 2/15/22 & 3/1/222 CIDIRV 22-003 Page 1099 of 1515 (r6B -CITY OF- III Owi NTON Page 1100 of 1515 E:Im Public Hearing 3/11/2022 Requested Action by Commission: Approve request for a Height Exception (HTEX 22-001) for 1320 S. Federal Highway to allow tower elements and architectural features to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU -1 (Mixed Use -1) zoning district. Applicant: TY Eriks MJ Jackson Holdings, LLC. Tabled from the February 15, 2022 City Commission Meeting. Explanation of Request: The proposed building is designed as a three (3) -story structure with roof access and a parapet wall and architectural feature extending past the third story. The Land Development Regulations, Chapter 3, Article 111, Section 5.C.1, Mixed Use (Urban) Districts Building and Site Regulations, limits all structures located within the MU -1 zoning district to a maximum height of forty-five (45) feet above the minimum finished floor. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height as 40'-8", with typical parapet walls at approximately 44'-8". Tower elements and architectural features are proposed to extend up to 54'-10" in height, 9'-10" above the maximum allowable height in the MU -1 zoning district. The plans indicate that the requested height exception is not necessary for the entire roof of the proposed structure, but only relatively small areas near the north and south ends of the building. The Planning and Development Board did not recommend approval of this item at their January 25, 2022 meeting. How will this affect city programs or services? Fiscal Impact: Alternatives: None recommended Strategic Plan: Strategic Plan Application: NA Climate Action Application: NA Page 1101 of 1515 Is this a grant? Grant Amount: Attachments: Type D Staff IRE)port D I ocaboin IMa p D �D ings D Coindboins of Appirov,-,.ill D DEWE)k)� PrTIE)lllt OrdE)r D AttachirTIENI'lt D AttachirTIENI'lt Description Staff IRE)port Exhibit A I ocaboin IMa p Exhibit IB Rains Exhibit C Coindboins of Appirov,,.-,.ill DE)VE)lopirTIENI'lt OrdE)r Staff Flir'E)SE)intaboin Appicaint IPrasa ENI'ltaboin Page 1102 of 1515 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-006 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Amanda Radigan Principal Planner DATE: January 19, 2022 PROJECT: 1320 S. Federal Highway (HTEX 22-001) REQUEST: Approve request for Height Exception (HTEX 22-001) to allow the tower elements and architectural features of the 1320 S. Federal Highway project to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU -1 (Mixed Use -1) zoning district. PROJECT DESCRIPTION Property Owner: MJ Jackson Holdings, LLC Agent: Bradley Miller, Urban Design Studio Location: Northeast corner of the intersection of Riviera Drive and Federal Highway (Refer to Exhibit "A": Location Map) Existing Land Use: Mixed Use Low (MXL) Existing Zoning: MU -1 Mixed Use 1 Proposed Land Use: Mixed Use Low (MXL) Proposed Zoning: MU -1 Mixed Use 1 Acreage: 0.51 acre Adjacent Uses: North: Developed office condominiums (Colonial Center) classified Office Commercial (OC) and zoned C-1 Office Professional; Page 1103 of 1515 Page 2 1320 S. Federal Highway HTEX 22-001 South: Right-of-way of Riviera Drive, then developed residential condominiums (Snug Harbor) classified High Density Residential (HDR) and zoned R-3 Multi -family Residential; East: Right-of-way of Riviera Drive, then common grounds (green space) of the Snug Harbor condominiums and farther east developed single family homes, classified Low Density Residential (LDR) and zoned R -1 -AA Single Family Residential; and West: Right-of-way of Federal Highway, then farther west developed commercial property (Dunkin Donuts & convenience store), classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. BACKGROUND The subject 0.51 -acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I -HOP restaurant. The same year, a mixed-use project consisting of office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU -1 designation. Residential uses are not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. The proposed project was previously approved by the City Commission on October 16, 2018. However, the Development Order recently expired, requiring the Master Plan Modification and New Major Site Plan applications, and associated Height Exception Application (HTEX 22- 001), to again undergo the necessary application reviews culminating in City Commission review and approval. ANALYSIS The proposed building is designed as a three (3) -story structure with roof access and a parapet wall and architectural feature extending past the third story. The main entrance to the building is at the corner of Federal Highway and Riviera Drive. The building is placed so that it fronts Federal Highway with an extensive setback to the residential neighborhood located to the east of the site. The building occupies most of the frontage of the site and has the vehicular circulation, including the parking and drop off area, contained behind the building. The proposed building has a contemporary design, featuring a lightly textured painted stucco finish, storefront glass, and louvers wrapping the two stir towers at either end of the building. The building has a flat accessible roof with a trellis and architectural elements above the parapet. The Land Development Regulations, Chapter 3, Article III, Section 5.C.1, Mixed Use (Urban) 2 Page 1104 of 1515 Page 3 1320 S. Federal Highway HTEX 22-001 Districts Building and Site Regulations, limits all structures located within the MU -1 zoning district to a maximum height of forty-five (45) feet above the minimum finished floor. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height standard, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height as 40'-8", with typical parapet walls at approximately 44'-8". Tower elements and architectural features are proposed to extend up to 54'-10" in height, 9'-10" above the maximum allowable height in the MU - 1 zoning district. The plans indicate that the requested height exception is not necessary for the entire roof of the proposed structure, but only relatively small areas near the north and south ends of the building. As evidenced by previous approvals, this request for height exception would not constitute a granting of special privilege, nor would it impact the air or light of adjacent properties, due to the small percentage of the overall roof area that is subject to the height exception and the distance separation from other commercial or residential structures. The sizeable distance to the nearest residential structure further diminishes any potential incompatibilities associated with this request and allows the roof deck of building to be accessed and shaded during use. RECOMMENDATION Staff has reviewed this request for a Height Exception and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "D" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 22-001\Height Exception 1320 S. Federal Highway Staff Report.docx Page 1105 of 1515 Exhibit A Eel . Legend N 0 25 5o deo t11 f 1515 TCEA Boundary O] 1�O O� 3 BUILDING o ELEVATIONS ¢ A1.2 re 0:� [[[(�D 0 0 0 Os O O] 1�O O� 3 BUILDING o ELEVATIONS ¢ A1.2 LEIEL4� LE 2' LElEL2,q 7 GENERAL NOTES BUILDING ELEVATIONS A1.3 'I`",I IV 1:: 1) WEST ELEVATION EAST ELEVATION (-01...0 7120 1) C I C`Mf [ON-',, a.320 S O U If II -i IF If-:: D If-.- Ifs A II..., O IF. ff.. II C If-.- If B U II II... If D II IN C rim, Ys NORTH ELEVATION SOUTH ELEVATION Digitally signed by "j,,,f1�,y•. James R. Williams Date: 2021.12.22 14:02:15 -05'00' EXHIBIT "C" Conditions of Approval Project Name: 1320 S. Federal Highway File number: HTEX 22-001 Reference: 1St review of plans identified as a Height Exception with an December 23, 2021 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: None COMMUNITY REDEVELOPMENT AGENCY Comments: None PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 22-001\ExhibitC_HTEX 21-001 COA.doc Page 1110 of 1515 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 1320 S. Federal Highway (HTEX 22-001) APPLICANT: Ty Eriks, MJ Jackson Holdings, LLC. APPLICANT'S ADDRESS: 3225 NE 401h Court, Fort Lauderdale, FL 33308 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2022 APPROVAL SOUGHT: Approve request for Height Exception (HTEX 22-001) to allow the tower elements and architectural features of the 1320 S. Federal Highway project to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet. LOCATION OF PROPERTY: Northeast corner of the intersection of Riviera Drive and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 22-001\HTEX22-001 DO.doc Page 1111 of 1515 SITE LOCATION MAP Existing Land Use: Mixed Use Low (MXL) Existing Zoning: Mixed Use 1 (MU -1 ) Proposed Land Use: Mixed Use Low (MXL) Proposed Zoning: Mixed Use 1 (MU -1) Acreage: 0.51 acre Page 1113 of 1515 Page 1114 of 1515 Requests MASTER PLAN/ SITE PLAN wnrEH VALVE PE.lE, F rJc "'TN W9iCR tALiElI � OFE gyA KL FLOW SIGN 29 INTERIOR EM 1 -TE PhFVENfCH r se tp f `.: 9R9 17"31"W 273,95' SIGN _____ WfLLTYP `^v �, + AdU UF 90`FPL WEPE .2023 i2�i0 BEABJW �ONEI] EX �YO�Nt T -- --- --- ---- -- z OVERRAN 19 Le RETAIL J 1 X 191 150 12' { II A 1, w" 0 WVATEN 1F dlL,9zo 9F a �.. RER 9yh 0` i - vALvEs �i21VlEF7A DR. �. `.... uru,lry Y oTTlce Lam. py��yrya 13,078 i� FRMES ! A ANC£ POLE DGIFS �,R6F h9AX R t� 14 /2151+0o. RRO PRO IN SERVILE SS R50_-------_eqxFLVSH BW898 SF 78 Zo'a r+ MVEHICLE 120'PRO WEO UE78,888 SFi i � .OVERHANG11 FR©NTPP" T 4, Ct3R8 7- �5P d2i0' 3R(+�'T 90' WLEp t HANK` 'N"t, quo 6 r 03 SIbE IOnB'WE PR04"09 E-0 70B FFER b�� * �. Fri WAfER� �' E98g 17"311 J'. 9G305 _ SRA R�'�� .r y� WALVE 5 s cWTTa ANGLE s m Alwnl.w R350 �� 25P L 3 it TadrtP 9P Lzur TVP F z� u. agn` IN , sIGN AiBd SEIRViGE ex: anP. +.vo_a e�nx � RavrErz,a rrzrvE ASPHALT ROADWAY 6� SIGN" GAS LINE MARKER 9THEPT — — — — — — ON UTILITY POLE ILRYPOLE LPcoEsv'u�aN CIipJS'SdNu SIGN Prey N IDevelL n'9N-nk Re nl»abon's 7 nn+mul r+Frsff IhW� N�tf FEmvNp � rn�r`k nkh [ �'MS LN3u�1 F�;r��tkaa inn �P p��et+-+iN� WlfllhA ,, IH�par' R8iy2firnwVl "fOc, i9 0 ;E9y 8 ry E.. 1.Ayn3„ul Page 1116 of 1515 UTILEY PULE U' W UB IN Al%i LTUU V POLE SERVICE— '0, -POLE3r wnrEH VALVE PE.lE, F rJc "'TN W9iCR tALiElI � OFE gyA KL FLOW SIGN 29 INTERIOR EM 1 -TE PhFVENfCH r se tp f `.: 9R9 17"31"W 273,95' SIGN _____ WfLLTYP `^v �, + AdU UF 90`FPL WEPE .2023 i2�i0 BEABJW �ONEI] EX �YO�Nt T -- --- --- ---- -- z OVERRAN 19 Le RETAIL J 1 X 191 150 12' { II A 1, w" 0 WVATEN 1F dlL,9zo 9F a �.. RER 9yh 0` i - vALvEs �i21VlEF7A DR. �. `.... uru,lry Y oTTlce Lam. py��yrya 13,078 i� FRMES ! A ANC£ POLE DGIFS �,R6F h9AX R t� 14 /2151+0o. RRO PRO IN SERVILE SS R50_-------_eqxFLVSH BW898 SF 78 Zo'a r+ MVEHICLE 120'PRO WEO UE78,888 SFi i � .OVERHANG11 FR©NTPP" T 4, Ct3R8 7- �5P d2i0' 3R(+�'T 90' WLEp t HANK` 'N"t, quo 6 r 03 SIbE IOnB'WE PR04"09 E-0 70B FFER b�� * �. Fri WAfER� �' E98g 17"311 J'. 9G305 _ SRA R�'�� .r y� WALVE 5 s cWTTa ANGLE s m Alwnl.w R350 �� 25P L 3 it TadrtP 9P Lzur TVP F z� u. agn` IN , sIGN AiBd SEIRViGE ex: anP. +.vo_a e�nx � RavrErz,a rrzrvE ASPHALT ROADWAY 6� SIGN" GAS LINE MARKER 9THEPT — — — — — — ON UTILITY POLE ILRYPOLE LPcoEsv'u�aN CIipJS'SdNu SIGN Prey N IDevelL n'9N-nk Re nl»abon's 7 nn+mul r+Frsff IhW� N�tf FEmvNp � rn�r`k nkh [ �'MS LN3u�1 F�;r��tkaa inn �P p��et+-+iN� WlfllhA ,, IH�par' R8iy2firnwVl "fOc, i9 0 ;E9y 8 ry E.. 1.Ayn3„ul Page 1116 of 1515 LANDSCAPE PLAN On ae 1 td« c pca w � / 589 n�21`4N 1216 A � L \� yN YCJ X. w r er Fi r, W RIVIERA L7f7lN"E i I _ re w�. �;LTH -L NIT N(F-L-N f Page 1117 of 1515 LANDSCAPE PLAN WESTELEVATION EA5TELEVATION NORTH ELEVATION Page 1118 of 1515 SOUTH ELEVATION LANDSCAPE PLAN ry 9 Cp S'IM'YIUM W G ;nY Pi nPUI WCD7 P-p-1wJ— F 1- D— 1E / r i i1 1 Pi.RFE 1 / OF I1'irv'J r PRSWOSES Si9R1A Sff I Hk ]f fkf urv�L nR,VWA;E Ul, KLE (TYP) 1 ''.. s' 4.R PWC4'ASE[1 41P5 'C INL F / pp s Wsw ,,. °� 1 tlao- 5P f � l � �-� a � � � j �� wery .✓� ., : - � nry .akar 1 1es�x� t \ I p RiVfEJip ©RY4E ecbeu. } 1 V 1 RpP64fp � 1 '✓ ✓' / /' f A � �� — 1�� u UPmJEimb iPF VtfAII¢v, � VIN CriHMcpN,, i YV )F.. �I 1 / } wiw / iY / K SLks mL9ff. GFOWJ% 5Ew1E nk F1,,, _.• WtRA DRf+fE "•; _. y �f° 5 ,y C r x e r u�nm ce s rvunKr,/d, .� 1 e o-rI<ir � r:. � 7 x nittX^ry�tG e e. m_N 'Ik .R IkMW.. - \ S Q( ..... �Y` ..., uNarlGF FU �W'N CH, ... .,.rvG v.ry fwir d urt a >\ PAW" P1nCssfL3 PP6tliµ>xhWp u[ r MStl('rYP,15'RIP CYOSE9 WIMG SL£E4F, vn4Nc h 41. VIMFRWT Y C` '\m PIAOroF.pf.. IOW slow r; PRU 05k0 AN�RS{E 51REanI.,K C',, 91 9.8. 9.G. PR9 dSE9 VDkITR AWIW fAd 41 *1.D d A. (PO io 5Q WfRCauiulFO OVRI�uG iWNr•i. AC5ioWIPz .'.... WM P555l G 5lEEVE E WAk1IF. 10 f3.G-t u. +SSEWAIIv k. PIWC 5£mlCd: ti.Irv'E �x �5 uidEHUIW6;9 crtrulWq Iuurt� uuLlwj Page 1119 of 1515 STAFF RECOMMENDATIONS Page 1121 of 1515 Page 1122 of 1515 Page 1123 of 1515 artoP�seo um uu W'µ,, uum uum um um uu w w,„V wm F LIFTER 20P 2TYI 9PCKLFL LV �� Iti TER OP PP BENTEP F SDE B e x,� SSG �� r- UTILI E > t I ---B C �lJ2Hh le y�• �.4 FRf9ER 11r 6j'. PdIY 35 TLFAP3N6ET Q —� / sl OPTICi �- 1 P3]]'MIfJ. — —- 5-Rvi�E PAD i FDR — Pz �� ! fAVGPVE14'LE - EDUE-Eza / 9GFEwEr� / �RI 31 spaces ,o �c .0 11 .07 II rasa' C� iF CEA B.,ILOING lG 1` Pi,' Cl. �.._ �, �ER'AN F A5 1VVVVI aU��' so 13 �t 2so � czossRc' H�.. 1T -FT j WATERw. n `H "LE I �f l26 22.0 T1P. ATflT,^sEROf� srGN EOX I 1 ASPHALT ROADWAY EOCIITLET SCID `: 6P'EJ LIMIT, SIG II / -TREET �IGR Site Plan Updates • Shifted building 2.5' to the east to increase the size of the pedestrian zone • Reconfigured & eliminated compact & motorcycle parking spaces — lost 1 space • Enlarged interior landscape islands • Increase the size of sidewalk to S along Riviera Drive Project Summary e�rvr�raa oRr @C S ,Site Area 0.51 Acres 9 ® Building Area 10,898sf Proposed Use Professional/Medical Office I� UTILfiI' 1 POLE PEDESTRAM1 II R,SSfVG f gN �bo Gaidan �f_ly Conch Yh . I 11 91�� kIIIIII��I��l� IIIu�°�nw°I'°k�'��„III'°'q r `—GAS LINE WARKER Parking Required (Sustainable) 43 Spaces Parking Provided 44 Spaces Page 1124 of 1515 II rasa' C� iF CEA Y(N lG ...... 1_ aU��' so 13 �t 2so aonP Site Plan Updates • Shifted building 2.5' to the east to increase the size of the pedestrian zone • Reconfigured & eliminated compact & motorcycle parking spaces — lost 1 space • Enlarged interior landscape islands • Increase the size of sidewalk to S along Riviera Drive Project Summary e�rvr�raa oRr @C S ,Site Area 0.51 Acres 9 ® Building Area 10,898sf Proposed Use Professional/Medical Office I� UTILfiI' 1 POLE PEDESTRAM1 II R,SSfVG f gN �bo Gaidan �f_ly Conch Yh . I 11 91�� kIIIIII��I��l� IIIu�°�nw°I'°k�'��„III'°'q r `—GAS LINE WARKER Parking Required (Sustainable) 43 Spaces Parking Provided 44 Spaces Page 1124 of 1515 Page 1125 of 1515 Page 1126 of 1515 Clio INnIIIIIII��'° IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII�� 1111111 """'"""'llllllh°°°°� IIIIIII��°�� IIIIIIIIIIIIIIIIII� Site Plan Revisions R IATERN,ErF" As Office/Retail complex ET T E r T KF T°a SIGN _ _ required from 43 to 42 spaces. AIELL rrP +rte 585' 17' 31 VV 2731] `" a — 5➢ BLf FF ®.7rFL VE P E R 9R62023, PG.12-9BEPPNIWNEE NIJTY GRb55 r6r P✓Earvo-rvc PaLE F1 BUILDING TI�eeR ,r a 10.896 SF 32 spaces / F� OFFIC�RFTGI oR es PDX TusN�B . CdM'LEX oNrooaesry lGLE 1 it i Vy aszi z5 UYERHFf Iryj� g 'p �G/ �R SA� PED SINMN / GRQ95NG J h s�v UE�E1 i� •aa -5Pia21 �" rl4 f5 - INLET � PLVE '. H' -W LE• l/LL S.(f 51. E.h4Y. -h--"�,>��, 36fir 'i ✓./f 25p 22Q"YP 25 �,�_'t� Sp Y9 VP" Jfz— MN . i= STSP :RTS ji� _ R(VFE}2A DRIVE A$PH10 spaces f PI„T Rf,%(:prNhY 91, NO OI/TLESIGN Fkk / l jw.c. GAS LINE KIRKE GN J] UTGITv EERELLELSPqEoEE E.rF., POLE L—ESI J'ti,V ,- - .� J Eo�rvu� rvan�e.�aVEE rv�nlFir-n -N rvJo/v ;y y. 11 91�� rv�gr Added 11 inotorcyde space3 ,L„ coiimnlpact spaces Bflk e V V I i""� d� , der 1 L.- at, l.'�, 'l oo/ �J II -I o t / % � III r�y da p SN 1111,60 u u byyoN BSB I„', Ipq I:'. Wai✓r'�ni yy11 ry^,nyyll.l 40yy qq q ]h mall aIIQ�' J ."11QNQ�w alk as 1111 ou,atl.l 11 Jai o II°Z�M eii a II Di Vve Wflii :11.11111111��ILiill.11 �a��aua�aau.. Project Summary -- — — Site Area 0.51 Acres Building Area 10,898 GBA/10,640 GFA Proposed Use Office/Retail Complex Parking Required (Sustainability) 42 Spaces IN Parking Provided 42 Spaces On Site 32 Spaces On Street 10 Spaces Page 1127 of 1515 Page 1128 of 1515 Page 1129 of 1515 Page 1130 of 1515 �I 21 ,P Site Area 0.51 Acres r= +l s ATS � 5G� 6E.< S RMFRA DRrVE- Building Area 10,898 GBA/10,640 GFA ASPHuraoAMNnv 10 spaces � Proposed Use Office/Retail Complex f vc auTu=-SIGH� sPLFo 5'CVb —� GA5 LINE MARKER ---------------------------------- ----�--------- Parking Required (Sustainability) 42 Spaces s REST "G" Parking Provided 42 Spaces unurr aEEq-PEOEFLU.'CL HEIR: POLE L— Ex TSE NIELL T'lP PALE Clio VIII IIIIIII uuuum IIIIIII IIIIIII Iii I' IIIIIII IIIIIIII,GIIIIIII IIIIIII " IsullllVl' IIIIUIII IIIIIII II I I I,I'"i.,.,'jl ' il�l'iII11�111Y�l,Yliiill vrATER f r:^TATER hIETER r6AGKL F_ON 1 PRedEniER _ _ RE vI STOP _ 589' 17' �1"'A' 273.tj SIGN ^• _ — H'olvvvT ESI,i;vJ LA0.95 FG y... -'- 5D FFER E ®.0'FPL UE PER 9R62023, PG.12-9BEPPNI WIIEE �^ N x � On Street ------------ 2.5'64 ERHANG ----- � -- QGP. rv:,T-R [ivy �siT' LVE$ R,ViERFI GRbss 2' unuTr FIBER a•13,Uo.Ia1-9DBLNEG ,� ELo l- �REHryANcGLE 32 NoFLsH�3 ECID DMI X ''- eaemvE spaces —UR11. ® ------. au Lon y R15tl au I n i5 zcs izz RzSo s c CRORSING �.' �•1 �s. �o.o `V Fs2Su rF zz 3P 4 i INLET T0'B BIER b 'ITTER °°;�, �` N6"wLr. 51 / Prosect Summary ,.1 �I 21 ,P Site Area 0.51 Acres r= +l s ATS � 5G� 6E.< S RMFRA DRrVE- Building Area 10,898 GBA/10,640 GFA ASPHuraoAMNnv 10 spaces � Proposed Use Office/Retail Complex f vc auTu=-SIGH� sPLFo 5'CVb —� GA5 LINE MARKER ---------------------------------- ----�--------- Parking Required (Sustainability) 42 Spaces s REST "G" Parking Provided 42 Spaces unurr aEEq-PEOEFLU.'CL HEIR: POLE L— Ex TSE NIELL T'lP PALE Page 1131 of 1515 ESI,i;vJ LA0.95 FG y... EHGl1LGCRNE"IAV -a 5ry u.. rvAaeuRa EId��FIFR On Site 32 Spaces N IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINNXtllllllllllllllllll On Street 10 Spaces Page 1131 of 1515 Page 1132 of 1515 Page 1133 of 1515 8.E. Public Hearing 3/11/2022 Requested Action by Commission: Approve request for New Major Site Plan (NW SP 22-002) for the 1320 S. Federal Highway project to allow construction of a 10,898 square foot commercial structure and associated site improvements, on a 0.51 -acre parcel, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU -1) zoning district. Application Ty Eriks, MH Jackson Holdings, LLC. Approve request for Master Plan Modification (MPMD 22-004) for 1320 S. Federal Highway to amend the previously approved master plan to be consistent with the proposed revisions to the concurrent New Major Site Plan Application, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU -1) zoning district. Applicant: Ty Eriks, MH Jackson Holdings, LLC. Tabled from the February 15, 2022 City Commission Meeting. Explanation of Request: The subject 0.51 -acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I -HOP restaurant. The same year, a mixed-use project consisting of office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU -1 designation. Residential uses are not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. The proposed project was previously approved by the City Commission on October 16, 2018. However, the Development Order recently expired, requiring the Master Plan Modification and New Major Site Plan applications, and associated Height Exception Application (HTEX 22-001), to again undergo the necessary application reviews culminating in City Commission review and approval. In addition to Master Plan Modification and New Major Site Plan, the request includes an application for height exception to allow the elevator shaft and stairwell to be constructed at 51.67 feet, 9.10 feet above the maximum allowable height of 45 feet. All applications are being processed concurrently (see respective staff reports.) The Planning and Development Board reviewed the subject applications at their meeting on January 25th, and forwards them with recommendations for approval. Note that if the corresponding request for Height Exception is denied, the roof of the building would have to be redesigned to satisfy the maximum building height standard of 45 feet (excluding a maximum parapet dimension of 5 feet). The City Commission reviewed the subject applications during the meeting on February 15th, and voted unanimously to table the request to the March 1St meeting. The Commission directed staff to use the additional time to work with the applicant to further address residents' concerns with an emphasis on eliminating on -street parking spaces along the south side of Riviera Drive. The applicant has worked diligently with City Staff to find a feasible solution. The applicant presented redesign options to City staff, several of Page 1134 of 1515 which did not meet all site design standards. However, the applicant was able to draft one version that facilitated the reduction of three (3) on -street parking spaces and the addition of one (1) off-street motorcycle parking space. The revised site plan proposes an office -retail complex with a total of 32 off-street parking spaces and ten (10) on street parallel parking spaces; three spaces would remain on the south side of Riviera Drive. Planning and Zoning staff performed a cursory review of the proposed revisions. If the Commission approves the project, the revised plan would be further updated with any additional conditions of approval and submitted as part of the permit application, or if necessary, for minor site plan modification prior to permitting. These and any additional proposed site or operational changes are listed below and will be presented at the March 1St meeting: • Related to project parking: o Change in proposed use from an office & medical office complex, to an Office/Retail Complex (as required for qualifying for the Sustainable Parking program and the flexibility in parking space dimensions that allow use of a compact car and motorcycle parking spaces). The Office/Retail use designation resulted in the lowering of required spaces from 43 spaces to 42 spaces. One motorcycle space and three compact car spaces were added to the site. • Other changes: • The proposed sidewalk along Riviera Drive, and corresponding cross -walk, would be removed, as requested through the Engineering Waiver process. Planning & Zoning staff does not recommend the elimination of required sidewalks that would contribute to the walkability in the urban area. However, the waiver request does satisfy a repeated concern by abutting residents, and has been submitted by the applicant. The request has been preliminarily approved by the City Engineer. • Excluding the following selected business uses: Uses that manufacture and/or sell alcoholic beverages, kava bars, \rape shops, hookah bars, entertainment/music venues, sober homes, drug/alcohol treatment centers, and tattoo parlors. This is a change from the prior commitment to the limit the use to general office and medical offices uses. • Limiting operating hours for office businesses to include Saturdays. Additional commitments and/or operational restrictions offered by the owner may also be presented at the public hearing. How will this affect city programs or services? NA Fiscal Impact: NA Alternatives: NA Strategic Plan: Strategic Plan Application: NA Climate Action Application: NA Is this a grant? Grant Amount: Attachments: Page 1135 of 1515 Type D Staff IRE)port D AddE)indUlirn D D ings D Coindboins of Appirov,-,.ill D C:: OrdE)r D AttachirTIENI'lt AttachirTIENI'lt Description Staff IRE)p.sir t Exhibit A I ocaboin IMa p Exhibit IB Rains Exhibit C Coindhoins of Approv,,.--.ill (IC REmASEd) DE)V(.)lopirTIENI'lt OrdE)r Staff Flir'E)SE)intahoin Appicaint IFlirasa ENI'Itaboin Page 1136 of 1515 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-001 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Amanda Radigan, Principal Planner DATE: January 7, 2022 PROJECT: 1320 S. Federal Highway (MPMD 22-004 & NWSP 22-002) REQUEST: Approve request for New Major Site Plan (NWSP 22-002) and Master Plan Modification (MPMD 22-004) to 1320 S. Federal Highway to allow the construction of a 10,898 square foot structure and associated site improvements. PROJECT DESCRIPTION Property Owner: MJ Jackson Holdings, LLC Agent: Bradley Miller, Urban Design Studio Location: Northeast corner of the intersection of Riviera Drive and Federal Highway (Refer to Exhibit "A": Location Map) Existing Land Use: Mixed Use Low (MXL) Existing Zoning: MU -1 Mixed Use 1 Proposed Land Use: Mixed Use Low (MXL) Proposed Zoning: MU -1 Mixed Use 1 Acreage: 0.51 acre Adjacent Uses: North: Developed office condominiums (Colonial Center) classified Office Commercial (OC) and zoned C-1 Office Professional; Page 1137 of 1515 Page 2 1320 S. Federal Highway MPMD 22-004 & NWSP 22-002 South: Right-of-way of Riviera Drive, then developed residential condominiums (Snug Harbor) classified High Density Residential (HDR) and zoned R-3 Multi -family Residential; East: Right-of-way of Riviera Drive, then common grounds (green space) of the Snug Harbor condominiums and farther east developed single family homes, classified Low Density Residential (LDR) and zoned R -1 -AA Single Family Residential; and West: Right-of-way of Federal Highway, then farther west developed commercial property (Dunkin Donuts & convenience store), classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The subject 0.51 -acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I -HOP restaurant. The same year, a mixed-use project consisting of office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU -1 designation. Residential uses are not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. The proposed project was previously approved by the City Commission on October 16, 2018. However, the Development Order recently expired, requiring the Master Plan Modification and New Major Site Plan applications, and associated Height Exception Application (HTEX 22-001), to again undergo the necessary application reviews culminating in City Commission review and approval. 2 Page 1138 of 1515 Page 3 1320 S. Federal Highway MPMD 22-004 & NWSP 22-002 ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The traffic study was performed and indicates that the project would generate a total of 21 AM Peak Hour trips and 36 PM Peak Hour trips. School: School concurrency is not required for this type of project. Utilities: The City's water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. However, the site is required to meet the required turning radius as specified in the 2021 International turning radius guidelines, and provide fire sprinklers and fire alarms (see Exhibit C - Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The site plan (Sheet SP -1) shows that one point of ingress/egress is proposed. The two-way driveway is located on Riviera Drive at the eastern end of the site. Vehicular circulation from the driveway would include one- way circulation that continues throughout the parking lot with a portion of the circulation being two-way. Sidewalks are provided along Riviera Drive, Federal Highway, and around the east (back) fagade of the building at a minimum of 5 feet in width (see Exhibit C - Conditions of Approval). The project proposes a pedestrian zone along Federal Highway totaling 18.5 feet in width, and consisting of: 1. a five(5)-foot wide street tree area; 2. an eight (8) -foot wide sidewalk; and 3. an eight (8) -foot wide active area. The majority of the sidewalk along Federal Highway will be covered by a building cantilever, with a minimum of 8 feet of clear/uninterrupted walk underneath. There is also a proposed plaza located at the southwest corner of the site to encourage pedestrian Page 1139 of 1515 Page 4 1320 S. Federal Highway MPMD 22-004 & NWSP 22-002 interaction. The walkways along Federal highway and around the building are proposed to be pavers while the sidewalk along Riviera Drive is proposed to be stamped concrete. Parking: The site plan (Sheet SP -1) proposes 9,998 square feet of office space and a 900 square -foot museum, which would require 53 parking spaces, based upon the standard of one (1) parking space per 200 square feet of office space and one parking space per 300 square feet of museum area. However, the applicant has elected to take advantage of the City's sustainable parking provisions which includes a reduced minimum parking ratio resulting in a reduction of 10 parking spaces when the sustainable criteria are met (thereby requiring a minimum of 43 spaces). The site plan provides 44 parking spaces including 13 on -street parking spaces, two (2) handicap parking spaces, and 29 on-site parking spaces with one (1) electric charging station. The City's parking regulations allow for the counting of those on -street spaces that abut the property, toward the minimum required for the project. All proposed parking stalls, including the size and location of the handicap spaces, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. All standard and compact parking spaces will utilize a continuous curb and overhang in lieu of wheel stops (Refer to Exhibit C - Conditions of Approval). Landscaping: The Plant List (Sheet L-1) indicates that the project would add a total of 44 trees to the property, 31 of them being canopy trees, 265 accent and shrub specimens, and 2,302 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Bougainvillea Standard, Green Buttonwood, Satin Leaf, and East Palatka Holly trees. Palm species would include Alexander Palms, Silver Date Palms, and Thrinax Palms. Consistent with the growing practice of using canopy trees in lieu of palm trees for better environmental landscape design, the use of palm trees is being limited to areas near the building foundation and utility equipment (i.e. water mains). Projects proposed in the Federal Highway District of the Community Redevelopment Area are required to have a streetscape design which reduces the building setbacks and encourages building placement to be abutting the street, thus creating a more notable urban setting. This design concept also includes landscaping that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and enhance the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seat walls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered walkways to create the streetscape N Page 1140 of 1515 Page 5 1320 S. Federal Highway MPMD 22-004 & NWSP 22-002 theme in an effort to provide maximum clear pedestrian pathways. The applicant has worked with staff to provide the street trees and covered walkways necessary to meet the required 50% shaded sidewalk along property . Building and Site: The proposed building is designed as a three (3) -story structure with roof access and a parapet wall and architectural feature extending past the third story. The main entrance to the building is at the corner of Federal Highway and Riviera Drive. The building is placed so that it fronts Federal highway with a maximum separation from the residential neighborhood located to the east of the site. The building occupies most of the frontage of the site and has the vehicular circulation, including the parking and drop off area, contained behind the building. Building Height: The maximum building height allowed in the Mixed Use 1 (MU -1) zoning district is 45 feet. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height of 40'-8", with typical parapet walls at approximately 44'-8". Tower elements/architectural treatments would extend up to 54'-9" in height, 9'-9" above the maximum allowable height in the MU -1 district. The applicant is concurrently requesting approval of a height exception (HTEX 22-001) for the proposed architectural features and stair towers. See corresponding staff report for additional information. Setbacks: The MU -1 zoning district requires no building setbacks, but rather a zero (0) build -to line. However, the building setbacks may be increased up to 15 feet administratively, without benefit of a community design appeal, in areas where the intent is to 1. enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2. optimize landscape design; 3. maximize on-site drainage solutions; and/or 4. accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway (west property line), the proposed building would be setback 18.5 feet from the back of curb in order to meet the build -to -line requirements applicable to the Mixed -Use 1 Zoning District, and provide the required Pedestrian Area. The building is also setback 4.3 feet from the south property line, and two (2) feet from the north property line, in compliance with code requirements. The building is set back approximately 170 feet from the east property line, which is the nearest point to the nearby single-family neighborhood. Amenities: As noted above, the site plan depicts the inclusion of a public plaza at the corner of Federal Highway and Riviera Drive. The building also contains an interior art exhibit that will be visible from the public sidewalks along Federal Highway. Design: The proposed building has a contemporary design, featuring a lightly textured painted stucco finish, storefront glass, and louvers wrapping the two stair towers at either end of the building. The building has a flat accessible roof with a trellis and architectural elements above the parapet. The proposed building utilizes many similar design features as other office Page 1141 of 1515 Page 6 1320 S. Federal Highway MPMD 22-004 & NWSP 22-002 buildings, including a neutral color palette. According to the "Color & Material Schedule", the primary building color would be two shades of gray, Sherwin Williams "Dovetail" and "Mindful Gray" and the main architectural feature is proposed to be Sherwin Williams "Origami White". Sustainability: According to the City's Sustainability Development Standards, new non- residential developments consisting of a size less than one (1) acre shall achieve at least twenty (20) points. Projects are required to incorporate a mix of sustainable site and building design features, which are listed on the Sustainable Design Options (Table 3-1) of the Land Development Regulations. The applicant provided a Sustainable Development Chart indicating the project would achieve the required 20 points by incorporating the following options: PROPOSED SUSTAINABLE DEVELOPMENT OPTIONS Energy Points The use of any combination of the following strategies for areas of the nonroof impervious site (including road, parking lots, driveways, sidewalks and courtyards). • Use of only paving materials with a Solar Reflectance Index (SRI) of 29, as demonstrated by the manufacturer or the Heat Island architect or engineer of record. The parking Reduction lot will be designed and constructed with 6 concrete to comply with the SRI 29 criteria. • Use of only canopy trees within, and along the perimeter of parking lots, following the regulations in the Landscape Code for "Large Landscape Islands." Canopy trees will be used for the perimeter and within the parking lot. • 75% of the non -roof impervious site Efficient All air conditions are Energy Star qualified. Minimum Cooling SEER 16. 2 At least 75% of hot water on premises is heated via Efficient Water Energy Star Certified water heaters or solar water 2 Heating heaters. Use roofing materials that have a Solar Reflective Cool Roof Index (SRI) 75 for low -sloped roofs (<2:12) for a 2 minimum of 75% of the roof surface. Use of white or cool light colors for the body of Building Color buildings to reflect rather than absorb heat and 2 reduce cooling costs. Provide energy efficient lighting such as LED lighting Lighting for building interiors for 100% of proposed lighting. 6 Page 1142 of 1515 Page 7 1320 S. Federal Highway MPMD 22-004 & NWSP 22-002 Energy Star Appliances All appliances within a building are 100% Energy Star. 2 Urban Nature Tree Canopy Provide canopy trees in an amount that exceeds the minimum number of required trees by 15%. 3 Total Points 20 Lighting: The photometric plans (Sheets E -1) include five (5) freestanding pole light fixtures, all of which would be 20 feet in height, with the light fixture at 18 feet. The LED light fixture has a flat lens and cut-off feature to inhibit any light spillage/trespass. Additional exterior lighting would be provided through the installation of building mounted and under canopy fixtures, placed at a height of approximately seven (7) feet. The Photometric Plan is in compliance with the City's lighting ordinance, and designed to prevent glare or spillage onto abutting properties. Signage: Site and building signage has not been finalized and a Sign Program will be required for the site, approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is still subject to the Art in Public Places requirement. Previously, the applicant had began coordinating with the Public Arts Administrator regarding on-site art and its placement. According to the previous proposed construction estimate, the project would have an art budget of approximately $12,950. RECOMMENDATION Staff has reviewed this request for a New Major Site Plan Modification and Master Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\1320 S. 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Bonou xlrt)rvc ry A/w Tr—\ 1 x �- M u ine O nv .1.1 J__L_ 1e. ,6 s pP errs/occoi—VI PnVEUEx �� 4rvBx�mnnrvo 0 RIVERA DRNE \ o Pos) a tm ) OW P IP �x) O rxRrv6TT"wo6 o°T _ T rvwuE k IWE TRE m rvT w/ E ,=T I a P, m') SID�V" P O» ROPOSEO waER — T R.P.z. a=. TO aE OET .1N. O ::,oro .PROPOSED T'P '.EEOE a �kur scRutcTwarcx ro -a V, —1.0 °x 4 R„aE ERE TnTaT�Ox uE) �PEi �,p.p P 4vosm rv4M POE° B,PE NI !1 ” � )� R m T�ry Bnx 1� oTM 11).E x n NQF. oEP-R R Bx .rvo sxR EST To MrnxsE N.IT ox IIN RX m _, REATrn xEPnRrMm �n or °o,ry ox BE�» .rvB TRE PnTM � � ; IF �IT�nT �ry n4�R�rv� w�TH n,T II—PB� �a �rv4 ox or nrvu lRMT v+c R` sm /}N 1320 SOUTH FEDERAL HIGHWAY moa rvs w«I nre x SECTION 27, TOWNSHIP 455., RANGE q3E. a urvscnou. uT ones OIiY Of BOYNTON BEAOH, FLORIDA S L"IMoh,S Nv HTT E CONCEPTUAL PAVING, DRAINAGE, I PINN*,CLE S U R V El Y 'I N G 1320 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL. 33435 r v P!, I OF E S JUL O" 2018 PLAWNRIr D ZONING LLi CORNER ALL. WATER I IN SIDE4IAK VAS REMAINDER LOT 17 OF LOT 211 (NOT M.LUDED) OT INCLUDED) IN M -' RIM ELEVATION 306' STOP FOUND -A` FVT' 'G !" SIGN CONCRE ET I' E MONUME SLAST 589°il 31 VJ 273 t5' ,HYDRANT A)1SCORRIOATEO METAL PIPE- ROLE 4'}11ATED METAL PIPE R IlAm FLOW N4 PR�NTER 72 FIELD ONE (PLAO SIGNSOUTH 100.01 UTI ?Y T, - P �4 PC", 211 OFLOT2 PC AERGE RMANHOLE PH I RAPH (INCLUDED) —RIMELEVAUOH-3,.SS FGEROP ICS -HORS -1 NVERT EL -1 aP SER'CESOX (NOTTO-SCALEE;S] P 5 v POLE s,' RT "'c � I I kNO TRESPASSING T moi --CATCH N�'N 'INLET , P __ 2, P,L� I,, ORGUMPING P, A ELEVATION 8CE PATIlCR3ll2N SIGN '0' AlF'PAT;21G ��&l P* ERTEL,0M, n 'NORRACAST) I. �"I n n rl'g' i"� "d Z c) I [I "I G wt W' Ni'RIAN FOUND Ial PON To LEGEND: 4ROD c DV (5 FWT ZE) AC WR CONDITIONER UTILI A AL 4RUENGTH RG S89 17' 31"W, S5.65 (Q -CALCULATED DO 4 U:-'-- wo W�VE' MR AT&T -AT&T DE ZRAINAGEEASEMEUIT SEE"CE '11, UEAlUlEl A E SOR, P.0, -POINTOF BEGJAWlAW* TDI I u -;V P C COMMENCING 0' -POINTOF P.8 -PLAT OK 'GAS UNE, P.G. yRip "T CUnEf �ARKER P,U,E AIDE NO -'E -PUSUCURULYEASEMENT 7 SPEED T LIND SIGN R HADIUS �57MEET - RECORD SIGN UE, -UTILITY EASEMENT I EDESTRIAN WN-WATERMETER CROSSING -NUNCE -NUMBER SURVEYOR NOTES: -ASPHALT CONCRETEITE E EVATONF Clgil'N IRAVEREVEWEDOLD REPUBLICNATIONAL TLEENGUR—COSPANIPS -PAVERERICK COMMITMENT FOJRTRILEINSHPANCES-2, SCALE:I'= 25 _R7 �RHENTV Q2SM. DATED:AUGUST IC B18 @ ft 00P AND HAYS MADE THE EOTN ARE EASED ON WOOD Fol VB'l BID UpTuR 4T3HTPOI -WELL 6 Paw EQ.vl PLA'CFuEaAxOftiSIXs HEREON X -WATER VALVE 7 OAR== M72 EASEMENT SHOWN HEREON -CENTERLINE -CATCH BASIN ARE HYDRANT "E' -POLE -MANHOLE TOPOGRAPHIC ELEVATION Page 1152of1515 iCIERTIFIIED TO: FLORIDA C EXSORRO ONEKENNETH LEGAL DESCRIPTION:TNISSURVEYIBNDiVNJDWITHOIrt CORPORATION KALEEL, M _ P.A. SOUTH 100 FEET OF LOT 21 LEE MANOR ISLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE 211, OF THE PUBLIC RECORDS OF PALM OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANYE. ANAKY0DIYA BEACH COUNTY, FLORIDA, LESS RIGHT-OF-WAY FOR STATE ROAD NO. 5, AS IN OFFICIAL RECORDS BOOK 138, PAGE 229. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. FLOOD ZONE.' 120 960OD3C 6� ZONE: AE B EFF. 1982-09-30 Page 1152of1515 EXHIBIT "C" Conditions of Approval (Revised) Project Name: 1320 S. Federal Highway File number: MPMD 22-004 & NWSP 22-002 Reference: 2nd review of plans identified as a New Maior Site Plan with an December 23, 2021 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time the Engineer of Record submits plans for a Land Development Permit to this Division, an in-depth review will take place. The plans must conform to all of the City of Boynton Beach Code of Ordinances, standards, and requirements. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. The "Engineering Division Design Handbook and Construction Standards" manual is available at https://www.boynton-beach.org/engineering/new- construction-department-public-works-engineering-division 2. Permits required from other permitting agencies, such as South Florida Water Management District (SFWMD) and Palm Beach County Engineering Department (PBCED), shall be required prior to issuance of a Land Development Permit. 3. Full drainage plans, including drainage calculations, in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at the time of permitting. 4. All signing and pavement markings must meet Palm Beach County Traffic Engineering Division Standards and the Manual on Uniform Traffic Control Devices, latest edition. 5. All parking lots must meet the 2010 LDR, Chapter 4, Article V. 6. All private and/or public streets must meet the 2010 LDR, Chapter 4, Article VIII. 7. If a dumpster is required by Public Works, provide a minimum outside turning radius of 55 ft. to allow turning movements for solid waste trucks. Truck routes for fire and solid waste to be determined by individual departments/divisions. 8. The lighting design shall provide a minimum average light level of one foot-candle with all light poles to withstand a 140 MPH wind load and shall be operated by photoelectrical control and are to Page 1153 of 1515 1320 S. Federal Highway (MPMD 22-004 & NWSP 22-002) Conditions of Approval Paae 2 of 4 [DEPARTMENTS I INCLUDE REJECT remain on until one hour after closing or 2:00 a.m. whichever is later per (2010 LDR, Chapter 4, Article VII, Section 3.). 9. All catch basin and manhole covers shall be bicycle proof per the 2010 LDR, Chapter 4, Article VIII, Section 3.G.b. and Engineering Design Manual Chapter 5, Paragraph DA.b. 10. Provide FDOT sidewalk curb ramp and show pedestrian crossing on Riviera Drive, with the intersection with Federal Hwy. FIRE Comments: 11. The site is required to meet the required turning radius as specified in the 2021 International turning radius guidelines. 12. Provide fire sprinklers and fire alarms. POLICE Comments: None. All previous comments acknowledged at DART meeting. BUILDING Comments: 13. Provide Elevation Certificate to verify building is not in a SFHA. PARKS AND RECREATION Comments: None. All previous comments addressed at DART meeting. PLANNING AND ZONING Comments: 14. The project is required to meet the City's Sustainability Regulations (Chapter 4, Article XIII, Section 3). The project is required to achieve at least 20 points (Table 3-1). Revise the Site Plan (SP -1) to include the sustainable development requirements, as well as a list of proposed sustainable development options and points, including a table depicting the required 20 points. Page 1154 of 1515 1320 S. Federal Highway (MPMD 22-004 & NWSP 22-002) Conditions of Approval Paae 3 of 4 [DEPARTMENTS I INCLUDE REJECT 15. At time of permit, an approved Sign Program will be required prior to issuance of any signs for the project. 16. Changes to proposed uses may require approval of a Major Site Plan Modification or Conditional Use application, as well as additional approvals for any required relief. Uses involved in preparing, selling, and/or serving food and beverage items, require an on-site screened dumpster. 17. At time of permit, provide details of the proposed roof top trellis. 18. At time of permit, please submit a traffic statement from Palm Beach County. 19. At time of permit, the standard parking spaces must be at least nine (9) feet by eighteen (18) feet, as shown on the Standard size Parking Detail on the Site Plan (SP -1). 20. At time of permit, label the proposed compact parking spaces on the Site Plan (SP -1). Revise the Parking Reduction Justification to indicate the use of compact parking spaces as shown on the Site Plan. 21. At time of permit, please replace the front setback information with the Build -to -Line dimensions. 22. At time of permit, revised the drawings to show the entire sidewalk area along S. Federal Highway consisting of brick pavers. 23. At time of permit, revise the plans to be consistent with the Site Plan (SP -1) approved by the City Commission. 24. At time of permit, submit a copy of an approved Engineering Waiver consenting to the elimination of the required sidewalk along the south side of Riviera Drive and associated crosswalk. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. 25. Provide copy of FDOT permit for work within the Right of Way. Provide approval by FDOT to install tree planters within R -O -W and relocate sidewalk on private property. 26. Please coordinate with FPL on where the electrical service will be F__ provided and ensure allowable separation from existing utility Page 1155 of 1515 1320 S. Federal Highway (MPMD 22-004 & NWSP 22-002) Conditions of Approval Paqe 4 of 4 [DEPARTMENTS INCLUDE REJECT poles. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MPMD 22-004—NWSP 22-002\Staff Report\ExhibitC_MPMD 22-004 & NWSP 22-002 COA.doc Page 1156 of 1515 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 1320 S. Federal Highway (MPMD 22-004 & NWSP 22-002) APPLICANT: MJ Jackson Holdings, LLC. APPLICANT'S ADDRESS: 3225 NE 401h Court, Fort Lauderdale, FL 33308 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2022 APPROVAL SOUGHT: Approve the 1320 S. Federal Hwy. Office Building Master Plan Modification and New Major site Plan to construct a 10,898 square foot structure and associated site improvements. LOCATION OF PROPERTY: Northeast corner of the intersection of Riviera Drive and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MPMD 22-004—NWSP 22-002\MPMD 22-004 and NWSP 22-002 DO.doc Page 1157 of 1515 SITE LOCATION MAP Existing Land Use: Mixed Use Low (MXL) Existing Zoning: Mixed Use 1 (MU -1 ) Proposed Land Use: Mixed Use Low (MXL) Proposed Zoning: Mixed Use 1 (MU -1) Acreage: 0.51 acre Page 1159 of 1515 Page 1160 of 1515 Requests MASTER PLAN/ SITE PLAN wnrEH VALVE PE.lE, F rJc "'TN W9iCR tALiElI � OFE gyA KL FLOW SIGN 29 INTERIOR EM 1 -TE PhFVENfCH r se tp f `.: 9R9 17"31"W 273,95' SIGN _____ WfLLTYP `^v �, + AdU UF 90`FPL WEPE .2023 i2�i0 BEABJW �ONEI] EX �YO�Nt T -- --- --- ---- -- z OVERRAN 19 Le RETAIL J 1 X 191 150 12' { II A 1, w" 0 WVATEN 1F dlL,9zo 9F a �.. RER 9yh 0` i - vALvEs �i21VlEF7A DR. �. `.... uru,lry Y oTTlce Lam. py��yrya 13,078 i� FRMES ! A ANC£ POLE DGIFS �,R6F h9AX R t� 14 /2151+0o. RRO PRO IN SERVILE SS R50_-------_eqxFLVSH BW898 SF 78 Zo'a r+ MVEHICLE 120'PRO WEO UE78,888 SFi i � .OVERHANG11 FR©NTPP" T 4, Ct3R8 7- �5P d2i0' 3R(+�'T 90' WLEp t HANK` 'N"t, quo 6 r 03 SIbE IOnB'WE PR04"09 E-0 70B FFER b�� * �. Fri WAfER� �' E98g 17"311 J'. 9G305 _ SRA R�'�� .r y� WALVE 5 s cWTTa ANGLE s m Alwnl.w R350 �� 25P L 3 it TadrtP 9P Lzur TVP F z� u. agn` IN , sIGN AiBd SEIRViGE ex: anP. +.vo_a e�nx � RavrErz,a rrzrvE ASPHALT ROADWAY 6� SIGN" GAS LINE MARKER 9THEPT — — — — — — ON UTILITY POLE ILRYPOLE LPcoEsv'u�aN CIipJS'SdNu SIGN Prey N IDevelL n'9N-nk Re nl»abon's 7 nn+mul r+Frsff IhW� N�tf FEmvNp � rn�r`k nkh [ �'MS LN3u�1 F�;r��tkaa inn �P p��et+-+iN� WlfllhA ,, IH�par' R8iy2firnwVl "fOc, i9 0 ;E9y 8 ry E.. 1.Ayn3„ul Page 1162 of 1515 UTILEY PULE U' W UB IN Al%i LTUU V POLE SERVICE— '0, -POLE3r wnrEH VALVE PE.lE, F rJc "'TN W9iCR tALiElI � OFE gyA KL FLOW SIGN 29 INTERIOR EM 1 -TE PhFVENfCH r se tp f `.: 9R9 17"31"W 273,95' SIGN _____ WfLLTYP `^v �, + AdU UF 90`FPL WEPE .2023 i2�i0 BEABJW �ONEI] EX �YO�Nt T -- --- --- ---- -- z OVERRAN 19 Le RETAIL J 1 X 191 150 12' { II A 1, w" 0 WVATEN 1F dlL,9zo 9F a �.. RER 9yh 0` i - vALvEs �i21VlEF7A DR. �. `.... uru,lry Y oTTlce Lam. py��yrya 13,078 i� FRMES ! A ANC£ POLE DGIFS �,R6F h9AX R t� 14 /2151+0o. RRO PRO IN SERVILE SS R50_-------_eqxFLVSH BW898 SF 78 Zo'a r+ MVEHICLE 120'PRO WEO UE78,888 SFi i � .OVERHANG11 FR©NTPP" T 4, Ct3R8 7- �5P d2i0' 3R(+�'T 90' WLEp t HANK` 'N"t, quo 6 r 03 SIbE IOnB'WE PR04"09 E-0 70B FFER b�� * �. Fri WAfER� �' E98g 17"311 J'. 9G305 _ SRA R�'�� .r y� WALVE 5 s cWTTa ANGLE s m Alwnl.w R350 �� 25P L 3 it TadrtP 9P Lzur TVP F z� u. agn` IN , sIGN AiBd SEIRViGE ex: anP. +.vo_a e�nx � RavrErz,a rrzrvE ASPHALT ROADWAY 6� SIGN" GAS LINE MARKER 9THEPT — — — — — — ON UTILITY POLE ILRYPOLE LPcoEsv'u�aN CIipJS'SdNu SIGN Prey N IDevelL n'9N-nk Re nl»abon's 7 nn+mul r+Frsff IhW� N�tf FEmvNp � rn�r`k nkh [ �'MS LN3u�1 F�;r��tkaa inn �P p��et+-+iN� WlfllhA ,, IH�par' R8iy2firnwVl "fOc, i9 0 ;E9y 8 ry E.. 1.Ayn3„ul Page 1162 of 1515 LANDSCAPE PLAN On ae 1 td« c pca w � / 589 n�21`4N 1216 A � L \� yN YCJ X. w r er Fi r, W RIVIERA L7f7lN"E i I _ re w�. �;LTH -L NIT N(F-L-N f Page 1163 of 1515 LANDSCAPE PLAN WESTELEVATION EA5TELEVATION NORTH ELEVATION Page 1164 of 1515 SOUTH ELEVATION LANDSCAPE PLAN ry 9 Cp S'IM'YIUM W G ;nY Pi nPUI WCD7 P-p-1wJ— F 1- D— 1E / r i i1 1 Pi.RFE 1 / OF I1'irv'J r PRSWOSES Si9R1A Sff I Hk ]f fkf urv�L nR,VWA;E Ul, KLE (TYP) 1 ''.. s' 4.R PWC4'ASE[1 41P5 'C INL F / pp s Wsw ,,. °� 1 tlao- 5P f � l � �-� a � � � j �� wery .✓� ., : - � nry .akar 1 1es�x� t \ I p RiVfEJip ©RY4E ecbeu. } 1 V 1 RpP64fp � 1 '✓ ✓' / /' f A � �� — 1�� u UPmJEimb iPF VtfAII¢v, � VIN CriHMcpN,, i YV )F.. �I 1 / } wiw / iY / K SLks mL9ff. GFOWJ% 5Ew1E nk F1,,, _.• WtRA DRf+fE "•; _. y �f° 5 ,y C r x e r u�nm ce s rvunKr,/d, .� 1 e o-rI<ir � r:. � 7 x nittX^ry�tG e e. m_N 'Ik .R IkMW.. - \ S Q( ..... �Y` ..., uNarlGF FU �W'N CH, ... .,.rvG v.ry fwir d urt a >\ PAW" P1nCssfL3 PP6tliµ>xhWp u[ r MStl('rYP,15'RIP CYOSE9 WIMG SL£E4F, vn4Nc h 41. VIMFRWT Y C` '\m PIAOroF.pf.. IOW slow r; PRU 05k0 AN�RS{E 51REanI.,K C',, 91 9.8. 9.G. PR9 dSE9 VDkITR AWIW fAd 41 *1.D d A. (PO io 5Q WfRCauiulFO OVRI�uG iWNr•i. AC5ioWIPz .'.... WM P555l G 5lEEVE E WAk1IF. 10 f3.G-t u. +SSEWAIIv k. PIWC 5£mlCd: ti.Irv'E �x �5 uidEHUIW6;9 crtrulWq Iuurt� uuLlwj Page 1165 of 1515 STAFF RECOMMENDATIONS Page 1167 of 1515 Page 1168 of 1515 altoP�seo RETAINITL LVAL R LIETER I'IIUSIGE EP -F:OPJ2TY� ' LEL W L I EV ENT,'iTEIROR .F e RU. OC on: C-' comm AM UTU E > t I ---B C GlJ2Hh le y�• �.4 FRf9ER 1Ir 6j'. PdIY 35 TLFAP3N6ET Q —� / sl OPTICi �- 1 P.331 111N. — —- 5-RVIOE X ;Q; I PAD IFF R2 W677'JE1I-LE - EDUE.-Ren / BOFRLhi9N iY� / " .0.0 31 spaces 11 II �.._ �, ROAN F 1VVVVI PEHESTRIAN� T It 2so � czossRc' H�.. WATERw. l26 STOP .22.0' T1P. ATflTsEROf� srch. Box. II I 1 ASPHALT ROADWAY EOCIITLETSGIJk SP -EL LIMIT," ']SI -WHIt II II / -TREET �IGR Site Plan Updates • Shifted building 2.5' to the east to increase the size of the pedestrian zone • Reconfigured & eliminated compact & motorcycle parking spaces — lost 1 space • Enlarged interior landscape islands • Increase the size of sidewalk to S along Riviera Drive Project Summary e�rvr�raa oRr ec S Site Area 0.51 Acres 9 ® Building Area 10,898sf Proposed Use Professional/Medical Office I� UTILfiI' � � erne 1 POLE PEHESTR AI P II R,SM f gN �bo Gaidan� HA 14 Conch Rh'. I 11 91�� kIIIIII��I��l� IIIu�°�nw°''°k�'��„IIII°'q r `—GAS LINE WARKER Parking Required (Sustainable) 43 Spaces Parking Provided 44 Spaces Page 1169 of 1515 II ao'��' so 13 It 2so aonR Site Plan Updates • Shifted building 2.5' to the east to increase the size of the pedestrian zone • Reconfigured & eliminated compact & motorcycle parking spaces — lost 1 space • Enlarged interior landscape islands • Increase the size of sidewalk to S along Riviera Drive Project Summary e�rvr�raa oRr ec S Site Area 0.51 Acres 9 ® Building Area 10,898sf Proposed Use Professional/Medical Office I� UTILfiI' � � erne 1 POLE PEHESTR AI P II R,SM f gN �bo Gaidan� HA 14 Conch Rh'. I 11 91�� kIIIIII��I��l� IIIu�°�nw°''°k�'��„IIII°'q r `—GAS LINE WARKER Parking Required (Sustainable) 43 Spaces Parking Provided 44 Spaces Page 1169 of 1515 Page 1170 of 1515 ,.,TrER f "TATER NII 6AGKL F_ONRE vI ER TREE rl'RE.�FrviER rrELLrrv. sas' n' 31 w sra+s _ _ mvj' ? n59B FPL 7E PER 9R62923,1 GRb55/�`y�/ Z' unuTr j`^' BUILDING � ^'ovERrlo-rvcFIBER c PALE �: �LLFpPANS',E a ,o.asB �FoR - f sFRa cE OFFICFIREPAIL r 32 spaces I rvoz EusH�� -©x . coF BE / q r B21y 1 UYERHFf rJ� �' / 12b R1 4U—• »8l INLETl.R➢ PPAPO'uEG '!0'S� P'02Y4 If rv�`F�� EUE FR TATER � R PLJE � N 'rv'- 1 1'.U,E^ r �iF•marA. ✓� //�/' tlAla IJ ��cv Rcz � _ R1vrEua n�l10E—^ rspwaOt vrownw 10 SpeS _---- i ✓'� VOOUAIE lip �..�_�:.i Pt E1,:,.::.,v.:..��,�..,..._-' .wu... ,:wI I I _/._ ': ... ~ G�.�KAR,K_. GAE LINE E `s REE3 GN ILI° UTILITY EERELara EU n E.1 F P�R,�LEL sP,�EE POL LPErESI�i� V E. - .� J Eo�rvuU xanEe.�RVEE rv,—R. SIEN Page 1171 of 1515 Site Plan Revisions As Office/Retail complex AGN _ _ J` required from 43 to 42 spaces. EEPPNI WI1Etl n°r Addedspace 3 d 1 ;, aL 1 i �de cirmnp spaces / P 1 I� e V Vr south �� ni tt :a pah _ ' ha C r /"1IIoo/ Wrri ),r wrid IIII(q,,L r�y Snug I aIIIuo �pBI�BII"I;;;� IVgllr'Ir't ,!�y u"tl;;YII""II�I'NICIIgqryN;lyy�',I'��yy, qq RI En u.a lw.rd lvsw.. y 7 �"w QN w.� eliia 11 )IIIIve O�lllI IIIIIof'& l Wd'Wl a v'(',"',''%.. ii Protect Summary — — — Site Area 0.51 Acres Building Area 10,898 GBA/10,640 GFA Proposed Use Office/Retail Complex Parking Required (Sustainability) 42 Spaces Parking Provided 42 Spaces On Site 32 Spaces On Street 10 Spaces Page 1171 of 1515 Page 1172 of 1515 Page 1173 of 1515 Page 1174 of 1515 Page 1175 of 1515 8. F. Public Hearing 3/11/2022 Requested Action by Commission: Approve request for Major Master Plan Modification (MPMD 22-002) for Broadstone Boynton Beach to amend the previously approved master plan with the proposed revisions to the concurrent Major Site Plan Modification Application, located at the northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street, in the Mixed -Use Core (MU -C) zoning district. Applicant: Steven Scaggs, DSS Properties L.C. Approve request for Major Site Plan Modification (MSPM 22-001) to amend the previously approved site plan with the proposed changes contained herein for the Broadstone Boynton Beach project to allow construction of a mixed-use development consisting of an eight (8) -story building with 274 dwelling units, 13,110 square feet of commercial space, associated recreational amenities, and parking on a 2.76 -acre site within the CRA Downtown District. Applicant: Steven Scaggs, DSS Properties L.C. Explanation of Request: Broadstone Boynton Beach is a proposed mixed-use development proposed on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one-story retail, office, and residential multi -family units. The applicant is requesting approval of several concurrent applications for the development of Broadstone Boynton Beach (see the respective staff reports). The first two applications, MSPM 22-001 and MPMD 22- 002, are for Major Site Plan Modification and Major Master Plan Modification approval to the previously approved site plan and master plan. The requests include an increase in the commercial square footage from 12,422 square feet to 13,110 square feet, a reduction in the overall building footprint to provide additional outdoor amenities for the residents thereby increasing the percentage of usable open space, a revision to the unit mix for the residential component of the project, and reconfiguration of the integrated parking garage to provide 540 parking spaces. The project maintains its original proposal of an 8 -story mixed-use development consisting of ground floor commercial space adjacent to Federal Highway, 274 multi -family residential units, and the aforementioned supporting parking garage. Lastly, application CDPA 22-001 represents the request to provide relief for the north elevation of the parking garage from Part 111, Chapter 4, Article 111, Section 6.F.2.d. which requires the parking garage to be wrapped with habitable floor area. The proposed project's main vehicular access point is located at SE 2nd Avenue, east of Federal Highway, with a secondary access point on SE 1st Avenue. The project's access design is contingent on the approval of an Engineering Wavier. The architectural style for the project is a mid -rise interpretation of "Contemporary Coastal" architecture, which is a variation of Florida Vernacular Architecture. The project features a strong base utilizing framed entrance features that provide shade and protection and interact with the pedestrian zone along Federal Highway and SE 2nd Avenue. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated wood cladding, clear glass at the retail level, vertically-oriented windows, and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the contemporary Page 1176 of 1515 coastal architectural style Staff has reviewed this request for a Major Site Plan Modification and Major Master Plan Modification, and recommends APPROVAL, subject to the accompanying conditions. To meet deadlines associated with the proposed development, the agent has requested that this item be heard at the March 1st Commission meeting, rather than following the standard process that would have the item placed on the March 15th meeting. The Planning and Development Board recommended approval of this item on February 22, 2022 How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None Recommended Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D Staff RE)port D Exhibit D I ocatioin li ap D D it,,.-'.iwi it D Coinditioins ofAppirov,-'ill D DE)VE)k)lPirTIENI'lt OrdE)r D Exhibit D AttachirTIENI'lt Description Staff RE)port Exh �i bi t A 1 FICIN aind OwnE)r II.....list Exhibit A2 I ocatioin li ap Exhibit IB Flir'OjEhs ',t IRIair s Exhibit C Coinditioins of Appirov,,.-'ill is EWE)lopirTIE)11'lt OrdE)r Flowe,ir'Poiint Flir'E)SE)intatioin AppIicaint Flir'E)SENI'Itatioin Page 1177 of 1515 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-008 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Craig Pinder, Planner II DATE: February 11, 2022 PROJECT NAME: Broadstone Boynton Beach (MSPM 22-001, MPMD 22-002, CDPA22-001) REQUEST: Approval of a Major Master Plan Modification and Major Site Plan Modification Application for a mixed-use development consisting of an eight (8) -story building with 274 dwelling units, 13,110 square feet of commercial space, associated recreational amenities, and parking on a 2.76 acre site. PROJECT DESCRIPTION Property Owner: Multiple Owners (see Exhibit Al) Applicant: Steven Scaggs, DSS Properties L.C. Agent: Bonnie Miskel and Beth Schrantz, Dunay, Miskel, Backman, LLP Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street (see Exhibit "A2" — Site Location Map) Existing Land Use: MXH (Mixed Use -High) Proposed Land Use: MXH (Mixed Use High) Existing Zoning: MU -C (Mixed Use Core) Proposed Zoning: MU -C (Mixed Use Core) Proposed Use: Mixed use development with 274 multi -family units, approximately 13,110 square feet of commercial space, recreational amenities, parking, and other related site improvements. Page 1178 of 1515 Broadstone Boynton Beach (MSPM 22-001, MPMD 22-002) Memorandum No PZ 22-008 Page 2 Acreage: 2.76 acres Adjacent Uses: North: Developed commercial properties, classified Mixed Use -High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way for SE 2nd Avenue, then developed commercial property classified Mixed Use -Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use -Medium (MXM) and zoned R-3 Multi -Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use -High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of SE 6th Street; and West: Right-of-way of Federal Highway, then a mixed-use project (500 Ocean), classified Mixed Use -High (MXH) and zoned MU -C, Mixed -Use Core. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Broadstone Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assemblage of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, offices, and residential multi -family units. The applicant is requesting approval of several concurrent applications for the development of Broadstone Boynton Beach (see 2 Page 1179 of 1515 Broadstone Boynton Beach (MSPM 22-001, MPMD 22-002) Memorandum No PZ 22-008 Page 3 the respective staff reports). The first two applications, MSPM 22- 001 and MPMD 22-002, are for Major Site Plan Modification and Major Master Plan Modification approval. The requests include an increase in the commercial square footage from 12,422 square feet to 13,110 square feet, a reduction in the overall building footprint to provide additional outdoor amenities for the residents thereby increasing the percentage of usable open space, a revision to the unit mix for the residential component of the project, and the reconfiguration of the integrated parking garage to provide 540 parking spaces. The project maintains its original proposal of an 8 - story mixed-use development consisting of ground floor commercial space adjacent to Federal Highway, 274 multi -family residential units, and the aforementioned supporting parking garage. Lastly, application CDPA 22-001 represents the request to provide relief for the north elevation of the parking garage from Part III, Chapter 4, Article III, Section 6.F.2.d. which requires the parking garage to be wrapped with habitable floor area. ON01 YSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The project would generate 1,543 new daily trips with 59 AM peak trips and 113 PM peak trips. School: The applicant has submitted a School Capacity Availability Determination (SCAD) application to the School District of Palm Beach County to confirm that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Approval of the modification request is contingent upon approval of the SCAD application. Utilities: The City's water capacity would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. The Utilities Department has requested for the existing 8 -inch and 24 -inch gravity sewer mains to be lined with cured -in-place pipe methods (see Exhibit C — Conditions of Approval). 3 Page 1180 of 1515 Broadstone Boynton Beach (MSPM 22-001, MPMD 22-002) Memorandum No PZ 22-008 Page 4 Police/Fire: The Police and Fire Departments have reviewed the site plan and the applicant has addressed all review comments during the DART review process. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Additionally, the project has the opportunity to utilize the Downtown Stormwater improvement Watershed for a fee -in -lieu -of capital contribution (see Exhibit C — Conditions of Approval). Access: The proposed project's main vehicular access point is located on SE 2nd Avenue with a secondary access point on SE 1St Avenue. The project's access design is contingent on the approval of an Engineering Waiver. The Engineering Waiver is a request to reduce the driveway's throat depth from the required 100 feet to 75 feet (see Exhibit C — Conditions of Approval). A portion of SE 1St Avenue was approved to be abandoned (Ordinance No. 20-035) by the City Commission on January 19, 2021 and will no longer connect to Federal Highway, but instead will provide direct access to the secondary ingress/egress of the parking garage. In addition, the project also provides nine (9) on -street parking spaces along Federal Highway and SE 2nd Avenue to serve the retail uses on the first floor of the project. Sidewalks are provided along all street rights-of-way. The proposed sidewalks are a minimum of ten (10) feet wide and are lined with street trees for shade. The sidewalk along Federal Hwy also abuts a covered eight (8) foot active area that may be used for commercial uses. The project also proposes a private dog park along the northern property line and two public art sculptures — one to the north end and one to the south end of the project — to encourage pedestrian activity along the ground floor. There is limited pedestrian access from SE 2nd Avenue into the private amenities for the residents. Parking: Off-street parking for the MU -C zoning district requires 1.33 parking spaces for studios and one -bedroom units, and 1.66 parking spaces for two (2) or more bedroom units. The project proposes 274 units (149 studios and one -bedrooms, and 125 two and three -bedrooms), which would require 407 parking spaces. Additionally, the code requires guest parking at a rate of 0.15 spaces per unit, which adds an additional 42 required spaces.. The commercial space, which 4 Page 1181 of 1515 Broadstone Boynton Beach (MSPM 22-001, MPMD 22-002) Memorandum No PZ 22-008 Page 5 would allow a mix of retail and office uses, requires one (1) parking space per 200 square feet of gross floor area. Proposed is 13,110 square feet of retail, thereby requiring an additional 66 parking spaces. Additionally, the developer will maintain a parking agreement that involves an additional 20 parking spaces being provided for use in the operation of the Two George's restaurant. Under this standard methodology for calculating required off-street parking spaces, a grand total of 535 parking spaces would be required. The site plan proposes 549 parking spaces, an excess of fourteen (14) spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90 -degree parking and 8 feet by 22 feet for parallel spaces. The applicant is proposing an eight (8) -story parking garage that would accommodate up to 540 vehicles. The developer will be required to comply with the City's residential parking requirements to ensure that designated resident parking spaces are reserved for, and made available to the residents to minimize the use of the retail parking spaces by residents. This requirement shall be monitored and enforced by the developer (see Exhibit C — Conditions of Approval). There are an additional 9 on -street parking spaces; six (6) on Federal Highway and three (3) on SE 2nd Avenue. Landscaping: The Plant List (Sheet LP -1) indicates that the project would add a total of 202 trees, 70 of them being canopy trees, and 132 palm trees (including 16 relocated), 2,388 accent and shrub specimens, and 1,756 small shrubs/groundcover plants. Canopy trees are being maximized where spatially feasible, while palm trees are proposed in areas near the building foundation, along the property lines within the landscape buffer and landscape barrier to further screen the building. The exception to this objective intended to maximize canopy trees is within the ground floor amenity areas in an effort to maximize the amount of programmable open space on the site. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs as indicated in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Cathedral Live Oak, Gumbo Limbo, Satin Leaf, Royal Poinciana, Orange Geiger, Timor Black Bamboo, Crape Myrtle, Privet, Simpson Stopper, Mast Tree, Yellow Trumpet Tree, Paurotis Palm, Fishtail Palm, Areca Palm, Ruffled Fan Palm, Medjool Date Palm, Solitaire Palm, Cabbage Palm, Thatch Palm, Montgomery Palm Double, and Montgomery Palm Triple. The applicant has selected several butterfly attracting plants and has exceeded the sustainability code's requirement of utilizing a 5 Page 1182 of 1515 Broadstone Boynton Beach (MSPM 22-001, MPMD 22-002) Memorandum No PZ 22-008 Page 6 minimum of 5% of butterfly attracting shrubs and trees in the planting scheme. Projects proposed in the Mixed -Use Core (MU -C) zoning district are subject to the "Streetscape Design" portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme. This includes the uses of lower landscape material placed around private terraces and along the building foundation, and street trees placed between the street and sidewalk in an effort to provide maximum clear pedestrian pathways. Lastly, a 15 -foot wide urban landscape barrier with a 6 -foot wall is proposed along the east property line intended to mitigate off site impacts (see Exhibit C—Conditions of Approval). Building and Site: The proposed site area totals 2.76 acres. The proposed mixed-use buillding contains 274 dwelling units which are located above the retail spaces fronting Federal Highway and wrapping a central parking garage. Along SE 2nd Avenue the building creates a large courtyard which allows for the ground floor amenity deck to be visable from the unit balconies. The retail portion of the project totals 13,110 square feet and provides an elevated covered arcade adjacent to Federal Highway. As noted previously, the parking garage has eight (8) levels of parking. The north elevation of the parking garage is visable from SE 1St Avenue and is to be enhanced with architecturual elements to ensure that the elevation has the appearance of habitable floor area and that vehicles are completely screened from view (see Exhibit C — Conditions of Approval). Of the 274 residential units 29 are studio, 120 are one (1) bedroom, 103 are two (2) bedroom, and 22 are three (3) bedroom units. The units range in size from 576 square feet to 1,425 square feet. Each unit also has a balcony or terrace that either faces out towards the street or in towards the ground floor amenity deck. Relative to the floor area ratio (FAR) regulations within the code, the C.1 Page 1183 of 1515 Broadstone Boynton Beach (MSPM 22-001, MPMD 22-002) Memorandum No PZ 22-008 Page 7 Mixed Use Core (MU -C) zoning district has a maximum FAR of 4.0. The project is also located within the "Transit Core" (1/4 mile radius of the planned station), which requires that new development have a minimum density of 40 dwelling units per acre; the project proposes a density of 99.3 du/ac based on the one-half (1/2) unit provision. Under this provision, the development must not exceed: a) the maximum density of the MU -C zoning district (80 du/ac) when using 1/2 density units and the maximum density of the MXH future land use classification (100 du/ac) when counting each individual unit as a whole. Efficiency and one -bedroom units which are 750 square feet or less and located within the MU -C zoning district may count as one- half density units. The project proposes a total of 113 efficiency and one -bedroom units that are 750 square feet or less, therefore, providing a density count of 57 units. The remaining 36 one -bedroom units count as whole units, in addition to the number of two-bedroom, and three-bedroom units. Under the 1/2 unit provision, the total is 79 du/ac which complies with the maximum density allowed within the MU -C zoning district. When counting each individual unit as a whole, the proposed density is 99.3 du/ac which complies with the maximum density permitted within the MXH future land use. Building Height: The maximum building height allowed in the MU -C (Mixed Use Core) zoning district is 150 feet. The proposed building elevations depict the typical roof deck height of the mixed-use building at seventy- seven (77) feet, with an overall height of approximately eighty-six (86) feet six (6) inches, sixty-three (63) feet five (5) inches below the maximum allowable height. Along Federal Highway, the proposed building elevations show that the building steps back thirteen (13) feet at an approximate height of twenty-six (26) feet and then extends to its overall height. Setbacks: The MU -C zoning district requires no building setbacks, but rather a zero (0) build -to line with accommodation of the required pedestrian zone. The Land Development Regulations requires the building to be setback to allow for an enhanced public realm that includes 2.5 feet — 5 feet for street trees, 10 feet for sidewalks, and 8 feet for active areas such as outdoor seating and retail uses. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway, the proposed building setback along the length of the building is between 27 feet and 37 feet. Along SE 2nd Avenue, the building setback is between 7.7 feet and 15.5 feet except for the areas of the ground floor amenity deck, which is setback approximately 107 feet. The building setback along SE 1St Avenue varies between 8.5 feet and 21.5 feet. The eastern property line abuts the adjacent property where the setback is 67 feet and includes a putting green, pickleball 7 Page 1184 of 1515 Broadstone Boynton Beach (MSPM 22-001, MPMD 22-002) Memorandum No PZ 22-008 Page 8 court, bocce ball court and additional outdoor amenities. Lastly, the building is setback approximately 26 feet from the northern property line to allow for a private dog park. Amenities: As noted above, a covered active area is proposed along Federal Highway to encourage a mixture of active uses along the exterior of the ground floor retail spaces, and pedestrian zone designs are proposed along SE 1St Avenue and SE 2nd Avenue. The pedestrian zones include a street tree area, sidewalks, active areas and covered walkways. The project has been designed with a large interior courtyard for resident use, containing the community pool, outdoor lounging areas, and lush tropical landscaping. The private amenities located within the building will include a host of programmed spaces on the ground floor and a rooftop amenity for the residents' enjoyment. The developer also worked with Palm Tran of Palm Beach County to locate and create a new transit shelter on site (Sheet SP -1), designed utilizing some of the architectural characteristics of this project. Design: The intended architectural style for the project is a mid -rise modern interpretation of "contemporary coastal" architecture, which is a variation of Florida Vernacular Architecture. This architectural style fosters a sense of place and identity for the district. The project features a strong base utilizing framed entrance features that interact with the pedestrian zone along Federal Highway and SE 2nd Avenue, and provides shade and protection. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated wood cladding, clear glass at the retail level, concrete eyebrows, metal awnings, vertically-oriented windows, and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the contemporary coastal architectural style. Mixed-use projects are designed to create a pedestrian -friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The building mass fronting SE 2nd Avenue steps back and wraps the ground floor amenity deck, creating a break in the building mass. This approach mitigates the impact of the building's height on the multifamily properties to the south. Along Federal Highway, the building maintains its mass along the length of the road and varies in height to create tower elements at the north end, middle, and south end of the building. As mentioned 8 Page 1185 of 1515 Broadstone Boynton Beach (MSPM 22-001, MPMD 22-002) Memorandum No PZ 22-008 Page 9 Sustainability: previously, the building facing Federal Highway is stepped back thirteen (13) feet at a height of 26 feet in order to move the mass of the building farther from the pedestrian environment. Mixed-use developments must sustainability points (see Exhibit "C" development would satisfy the following: achieve a minimum of 25 — Conditions of Approval). The requirement by providing the SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Heat Island Reduction - 75% of the non -roof impervious site 6 Efficient Cooling - All air conditioners are Energy Star qualified. Minimum SEER 16. 2 Building Color - Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances - All appliance with in a building are 100% energy star. 2 Recycle & Waste Reduction Recycle Content in infrastructure For all new roadways, parking lots, sidewalks, and curbs. 2 Recycle station \ dumpster area Recycle chute(s) in Mixed Use Districts and dumpster, which include a recycle station. 1 URBAN NATURE Tree Canopy - Provide canopy trees in an amount that exceeds the minimum number of required trees by 20%. 4 TRANSPORTATION Parking Structure At least 75% of the development's total number of required off-street parking spaces is contained in a parking deck or garage. 2 9 Page 1186 of 1515 Broadstone Boynton Beach (MSPM 22-001, MPMD 22-002) Memorandum No PZ 22-008 Page 10 Electric Charging Stations - Provide four (4) over the required number of electric car charging stations. 4 Total Points 26 Lighting: The photometric plans (Sheets PH -1 & PH -2) include 33 freestanding pole light fixtures, with a pole height of 20 feet. The condition of approval requires the ground level poles and fixtures to match the design of the existing poles and light fixtures located along the 500 Ocean and Casa Costa developments. In addition, the condition of approval requires the spot reading to be a maximum of 5.9 foot- candles (see Exhibit "C" — Conditions of Approval). Signage: Site and building signage have not been finalized and a Sign Program must be approved in conjunction with requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has identified two locations for artwork along Federal Highway, one to the north end of the project and one to south end at the SE 2nd Avenue intersection. This concept is supported by City staff as well as the Art Advisory Board. The project also proposes to utilize portions of the exterior wall on the parking garage for Public Art. The applicant is required to secure approval from the Art Advisory Board and install the artwork prior to receiving the certificate of occupancy (see Exhibit "C" — Conditions of Approval). RECOMMENDATION Staff has reviewed this request for a Major Site Plan Modification and Major Master Plan Modification, and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. \\Fps\ma in\S H RDATA\Pla nni ng\S HARE D\WP\PROJ ECTS\Broadstone (FKA GCI-Legacy)\_Staff Report\Staff Report.docx 10 Page 1187 of 1515 EXHIBIT Al — List of Owners & PCNs 206 S Federal Highway 625 SE 2nd Ave 0010 Federal Highway 08-43-45-27-04-000-0090 08-43-45-27-04-000-0010 08-43-45-27-04-000-0131 Bowden INC Sara N Garcia Francisco and Olga Solis 1622 NE 4th Street 625 SE 2nd Ave #A 80 SW 15th Court Boynton Beach, FL 33434 Boynton Beach, FL 33435 Boca Raton, FL 33486 SE 1 st Avenue 625 SE 2nd Ave 0020 212 S Federal Highway 08-43-45-27-04-000-0650 08-43-45-27-04-000-0020 08-43-45-27-04-000-0150 One Twelve South Fed Hwy Maria CS Ruggeri Downtown Properties of South INC Florida LLC 3549 Harbor Cir W Bingham c/o PO Box 1182 4283 Fox Trace Delray Beach, FL 33483 Boynton Beach, FL 33425 Boynton Beach, FI 33436 SE 1 st Avenue 625 SE 2 nd Ave 0030 112 S Federal Highway 08-43-45-27-04-000-0670 08-43-45-27-04-000-0050 08-43-45-27-04-000-0030 Joseph W Scaggs One Twelve South Fed Hwy Linda and Christopher Chiodo 728 Casa Loma Blvd INC 2515 SW 13th Ct Boynton Beach, FL 33435 Boynton Beach, FL 33426 W Bingham c/o PO Box 1182 Boynton Beach, FL 33425 SE 1St Avenue 625 SE 2nd Ave 0040 08-43-45-27-04-000-0710 08-43-45-27-04-000-0040 DSS Properties Howard and Marianne Spencer 728 Casa Loma Blvd 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Ocean Avenue SE 2nd Ave 08-43-45-27-04-000-0610 08-43-45-27-04-000-0630 Francisco and Olga Solis Francisco and Olga Solis 80 SW 15th Court 80 SW 15th Court Boca Raton, FL 33486 Boca Raton, FL 33486 Page 1188 of 1515 LOCATION MAP Exhibit A2 Page 1189 of 1515 Exhibit B - Project Plans Page 1190 of 1515 I �111 A,l . ...... .... 0 41 'El Elm %LI ------ ------- -------------- -A 41PLUBM ------ --------- F- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - FE F ® ---------- ---------- ------------ � ------------- FF l E 7777=idl A ----------- A'A All 0 0 0 0 T 7 1 11 f 11 0 -EE . . . . . . . . . - - ---------------- .-F---------- ------------------------- -I . 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A 21 ap z NO <jl GO z 0 TH 8FTH to�I mW [ ,E lr R[t v i LL v t Fel m w I " < o o A SIM Jf + m u • "- " " m w J va , v . r, " H SE 6TSTREET w9�9 , ., T- I� � d T J�' m o Y� �mdEe a ems Q m z -> V aaas .gay, €aRY U8 s'= o a a m 98 c£aM Iq.15m.E9 z s A z - n- x a Asda a'S$ s > a m a m E m P9a S i s 4�f1. mai mgo$ m - o �9 3m A ASA M'�oY a�pa m m a� sgla qH pr pir YYn A-2€ qp 8H € _F m�= Y �F` :8 g R tea? � fr a• �€ ; �. A Fm FY's 3�F 8g £€g4Daa� x x�r-o �m �;! o -moo F�Em x o� a f - PAIS§ �AI�ea p o y I m m m e� vi Y -a' bis: u9Al ?: F4. co m m �� m S" BROADSTONE o43�sai ooa O BOYNTON BEACH�� PAVING GRADING �ANA2a22 ,pS,U,p. HORNING, PE. in = PREPARED FOR Horn p m ALLIANCE REALTY AND DRAINAGE PLANT Taa PARTNERS, LLC ��s�sosN�� s1-110—TI_p.I pop.1— s BOYNTON BEACH FIT evco a. F on.E. 01/04/2022 7. RE -IONS EATE Page 1196 of 1515 T mo Page 1197 of 1515 BROADSTONE BOYNTON BEACH AaaBA°p ,!p, !Ar A41 a T..` B'JYfJTCA 6EA.H FL d d Page 1197 of 1515 U) c m 0 Q 0 0 m 0 0 71 Z G) U) 0 m p M 11 04OMSA IN, BROADSTONE BOYNTRN BE ARCHITECTS.'."'� ALUAINC RESIDENTIAL 11 N r'JSjf JANN N,- ' BOYNTON BEn61, FL. Page 1198 of 1515 EXHIBIT "C" Conditions of Approval Project Name: Broadstone Boynton Beach (fka Legacy at Boynton Beach) File number: MSPM 22-001, MPMD 22-002 Reference: 5th review of plans identified as a Maior Site Plan Modification and Maior Master Plan Modification with a January 24, 2022 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The City has received an Engineering Waiver request for the X driveway throat depth at the SE 2nd Ave access. The plan proposes to have 75 ft in lieu of the required 100 ft. The project is conditioned on the waiver's approval. 2. The ingress/egress on SE 2nd Ave will have night time traffic shining X their headlights at the building at 610 SE 2nd Ave. Please contact the building management and offer to supplement the existing planting in an attempt to reduce the impact of the lights. 3. Developer will be responsible for replacement of existing FPL street X lighting adjacent to the site with underground decorative street lighting to match the City's standards. 4. The site appears to be in an A/E flood zone (EI 6 ft). The code X requires the FF to be 12" above the average crown height of the adjacent roadway. Please provide a narrative that indicates how the finished floor elevation was determined (i.e. what road(s) and crown were used). Please be aware that this area discharges into Marina Village at Boynton (i.e. the intracoastal waterway). The intersection of E Ocean Ave and SE 6th St regularly floods during the seasonal King Tides and during tropical disturbances. The wet season water table will limit the quantity of storage available in the proposed exfiltration. Have you approached FDOT for legal positive outfall? Signed and sealed drainage calculations will be required. 5. Confirm that the Engineer of Record is aware of any historical X drainage patterns on site. Any current (historic) surface water flows, directed to the site, shall be accommodated into the post development design. 6. Be aware that the existing 48" RCP in the FDOT R/W is the main X trunk line serving 500 Ocean and NE 4th St basin. Its legal positive outfall connection will need to be maintained. 7. The trash service shall be a dock height, roll off type compactor X unit. Please provide a narrative that describes how trash removal will be handled for the project. Be sure to discuss residential, retail and City Sanitation Division perspectives. How will bulk trash be Page 1199 of 1515 Broadstone Boynton Beach (fka Legacy at Boynton Beach) MSPM 22-001, MPMD 22-002, CDPA 22-001 Conditions of Approval Page 2 of 5 handled? Where will bulk trash be located? 8. Has the developer determined if water quality and quantity is X available via the Downtown Stormwater improvement Watershed? If it is, a "fee -in -lieu -of' capital contribution for properties utilizing the installed storm water treatment and/or conveyance facilities within that watershed are as follows: a. Capital cost per impervious square food for water quality is $2.05 b. Capital cost per impervious square foot for water quantity is $0.18 c. Total capital cost per impervious square foot for Water Quality and Quantity is $2.23. The Fee shall be paid prior to the issuance of a building permit for new construction and/or redevelopment in the Downtown Watershed. 9. The existing 8 -inch and 24 -inch gravity sewer mains are vitrified X clay pipe (VCP) and shall be lined utilizing cured -in-place pipe (CIPP) methods. FIRE Comments: All previous comments addressed at DART meeting. POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 10. Per City Ordinance, the Park Impact Fee is based upon a factor of X $595 per unit for multi -family dwellings. Based upon the proposed 274 units, the fee will be $163,030 (274 X $595) due at time of building permit issuance. PUBLIC ART Page 1200 of 1515 Broadstone Boynton Beach (fka Legacy at Boynton Beach) MSPM 22-001, MPMD 22-002, CDPA 22-001 Conditions of Approval Page 3 of 5 11. As per Article II, Section 27-25 of the Administrative Code, the X project must satisfy the Art in Public Places requirements by the payment of 30% of art fees at the time of permitting and the installation of artworks with an art project cost of 70% or greater of the art fees. 12. Artwork shall be placed at both the south and north corners of the X property along S Federal Highway as shown on the Landscape Plan (sheet LP -1) submitted on 1-24-2022. Both artworks must satisfy the Art in Public Places Guidelines, be publicly accessible 24 hours a day, and be fully visible from public property with targeted night lighting. 13. The artworks shall be approved by the Art Advisory Board and be X installed prior to the issuance of the certificate of occupancy. PLANNING AND ZONING Comments: 14. Approval of the Major Master Plan Modification and Major Site Plan X Modification is contingent upon approval of the School Capacity Availability Determination (SCAD) application. 15. The Major Master Plan Modification and Major Site Plan X Modification approval is contingent on the approval of the Community Design Appeal Application (CDPA 22-001) for relief of Chapter 4, Article III, Section 6.F.2.d. "integrated garages", which requires habitable floor area to wrap the parking structure where the structure has frontage along a public right-of-way. 16. Please revise the "knee wall" section of the parking garage X elevation to either: a. Provide additional screening within the metal open frames to effectively screen vehicles from view; and/or b. Raise the "knee walls" to effectively screen the vehicles from view. The intent is to ensure that parked vehicles are not able to be seen, and the appearance of habitable floor area must be maintained. 17. The proposed design treatments on the parking structure's north X elevation shall also be applied to the elevation of the parking structure fronting the pool courtyard. The intent is to ensure that parked vehicles are not able to be seen and the appearance in habitable floor area is also translated onto this elevation. At the time of permitting, please include an elevation that shows the enhanced elevation design meeting this requirement. 18. On the north elevation, please revise the position of the framed X window openings located above the ingress/egress of the parking Page 1201 of 1515 Broadstone Boynton Beach (fka Legacy at Boynton Beach) MSPM 22-001, MPMD 22-002, CDPA 22-001 Conditions of Approval Page 4 of 5 structure to be centered with the ingress/egress opening below. 19. Provide a detail of the proposed wall separating the pool courtyard X from the public sidewalk on SE 2nd Avenue. The proposal should include architectural enhancements and possibly an integrated green/vine wall feature or public art to avoid a monolithic appearance. 20. Please increase the width and height of the columns of the X proposed landscape barrier wall to provide adequate horizontal and vertical offsets to avoid an expansive monolithic appearance. The proposal should resemble the scale and proportions shown in the image example below: M.kh 1 f i- 11'.Pp Mp U- 21. The project plans shall be revised to identify which parking spaces X are reserved for the residents. The resident parking spaces shall be separated by a gate and/or gate arm to restrict public access to resident parking. The developer shall comply with the City's residential parking requirements to ensure that designated resident parking spaces are reserved for, and made available to the residents to minimize the use of the retail parking spaces by residents. This requirement shall be monitored and enforced by the developer. 22. Revise the proposed Satin Leaf tree specification to be a minimum X 4 -inch caliper at the time of installation. The caliper of all trees, except for palms and those trees classified as a development's "signature tree" shall be a minimum of four (4) inches at the time of installation. 23. The applicant shall provide on -street parking on S Federal Highway X and SE 2nd Avenue as depicted on the site plan submitted on 1-24- 2022. 24. Provide benches near the proposed art work at both locations on S X Federal Highway. The project is required to provide a total of six (6) benches, therefore, three (3) additional benches are required to be located on the site plan. In addition, the project shall also provide a total of six (6) trash receptacles on site, therefore, three (3) additional trash receptacles shall be located on the site plan. 25. At time of permitting, provide a detail drawing of the proposed bike X shelters, designed utilizing architectural elements, materials and Page 1202 of 1515 Broadstone Boynton Beach (fka Legacy at Boynton Beach) MSPM 22-001, MPMD 22-002, CDPA 22-001 Conditions of Approval Page 5 of 5 colors matching the proposed building. 26. The applicant shall dedicate a 10' x 30' easement and place, at X their cost, a bus shelter designed utilizing architectural elements, materials, and colors matching the proposed building. 27. Revise the photometrics plan to provide the proposed lighting levels X along the east side of the project, between the east property line and the building. The lighting levels shall not exceed the maximum foot-candles allowed by code (5.9) and shall not spill (levels greater than 0.3 foot-candles) onto the adjacent property. 28. All ground level poles and light fixtures shall match the design of X the existing poles and light fixtures located along the 500 Ocean and Casa Costa developments. 29. The applicant will be placing, at their cost, all overhead utilities X below ground around the perimeter of the site. 30. A Sign Program will need to be submitted and approved in X conjunction with requesting any sign permits for the project. 31. Prior to issuance of any permits, a narrative and phasing drawing X shall be provided outlining how the required parking for the Two Georges Restaurant will be provided throughout the construction of the project. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATION / COMMITMENTS 32. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. FAExhibit C - COA Broadstone MSPM 22-001 MPMD 22-002.doc Page 1203 of 1515 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS Broadstone Boynton Beach (MSPM 22-001 & MPMD 22-002) Steven Scaggs, DSS Properties L.C. 728 CASA LOMA BOULEVARD, BOYNTON BEACH, FLORIDA 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 1, 2022 APPROVAL SOUGHT: Request for approval of a Major Site Plan Modification Application and Major Master Plan Modification Application for a mixed-use development consisting of an eight (8) -story building with 274 dwelling units, 13,110 square feet of commercial space, associated recreational amenities, and parking on a 2.76 acre site. LOCATION OF PROPERTY: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk \\Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Broadstone (FKA GCI-Legacy)\_Staff Report\MSPM 22-001 MPMD 22-002 DO.doc Page 1204 of 1515 Requests Page 1207 of 1515 SITE LOCATION MAP Existing Land Use: Mixed Use High Page 1208 of 1515 (MXH) Existing Zoning: Mixed Use Core (MU -C ) Proposed Land Use: Mixed Use High (MXH) Proposed Zoning: Mixed Use Core (MU -C) Acreage: 2.76 acres Page 1208 of 1515 nVT ZONING -CBD (CENTRAL BUSINESS DISTRICT) NNRE USE. M%H R(MI%ED USE NIGH) USE: C MMERC AL ( ETAL AND OFGICE) �RE USABLE OPEN SPACE AREA REO 2R " SITE SF m , r °°2•12D34J2,56D SFSF724DJSF PROVIDED: PROP 'FIRE l Com— PUBLIC ART Y CURRENTLY APPROVED HYDRANT 'BIKE ANE Nom _ J__ __ _-_- __ N MASTER PLAN/ SITE s�k�yy COVERED ACn VE AREA/ LOGGIA 0E OP OFF TEMPORARY- DRO AP Lc TO "' WITH 125' 1 LIGHT POLES I (TYP_) REFER TO ARCHITECNRAL PLANS FOR LOAD M1c. XACT OYNTON STAFF TO EXACT WORDING OF SIGNAGE - SERVICE ROUTE ZON NO -CBD (CENTRAL BUS NESS pISTRICT) PLAN ,BUS STOP LOCATION '1D 10 ACTIVE AREA FUTURE USE MXH (MIXED USE HIGH) USE: COMMERCIAL (RETAIL) ''. 3' BUILDING SETBACK 7 0'- _ 1-T. FIRE noun HYDRANT TREE GRATE SEE DET IL o o PORTION OF SE IIT AVE SEE SHEET 0 8 GG FlRE IA ON L-2,10 (T 12'2 ' TO BE ABANDONED ADDETV PIAN FOR ADD TIONALINFORMATION y 8' ACTIVE AREA 10' SIDEWALK P SEE- - .��+. T. R55'� l_ EXIST EOP ... .... _.. I TECTORAL AflCHITECSHEET PLANS, BACKUP Jl -. SHEET a3.t.te IL URB L z>1 LEARAncE SE 1ST AVENUEPA "NO ' I WITH PARKING FIRE / SD' LOADING ZONE 2.h2 LANE"SGN 2" PROP. FIRE O O 10.3 2.5 I'F' CURB (TVP.) HTDRANf ,, 22 p X�SERVICE o....- 4 10 SIDEWALK SIDEWALK CORRIDOR U' SIDEWALK o 77 >' , PROP. 12x13 FIRE LANE AND- 13'X24 SERVICE ONLY ACCESS PROP. FIRE FPL MANHOLE. SEE LIGHT POLES >" 14 4 E UTILITY EASEMENT MIXED USE BUILDING EASEMENT PROP. HYDRANT PEDESTRIAN PL DEswG FDR DETALs (TrP.) aMEwn[s 3-STEPS WITH 274 UNITS _ ® HANDRAILS 7,422 SF RETAIL .. 5,000 SF RESTAURANT E( _ I- 10' AN ACTIVE AREA MAX 8 STORIES 11 J 2 9iKE HEIGHT 100' 8' ACTIVE AREA STRUCTURED PARKING 510 SPACES(' Ld LANE PEDESTRIAN ACCESS ci FROM PD GARAGE O o , LOCKED SERVICE DOOR ,o,.. • PROP 12'X20' H Y EASEMENT .` �R.AMP PEDESTRIAN IIIR TO , J� FRONT OF HOUSE o LIGHT POLES V y 1B SDEWALK (TYP) FLOOR ONLY PROPOSED PEDESTRIAN AMENITIES PI 1' 1. a A— AREA a - � "s PEDESTRIAN AND BICYCLE AMENITY AREA F TYPE F CURB(TYP) AMENITIES COVERED ACTIVE AREA/ LOGGIA / SPEED BUMP PEDESTRIAN AND b DECORATILE VE GA. SEE ARCHITECTURAL PLANS SHEET A3.0.18 FOR DETAILS „ o4 10 SDEWALI( STOP BAR WITH BICYCLE AMENITIES PROP 12'x8 PEDESTRIAN II U 1ST FIRE RANT TOIPfNG DOUBLE STRYELLOW UTILITY EASEMENT 5 0•�" AMENITIES �L —� REMOVED PROP FIRE.... SETBACK 10 PROP F)RE '1( HYDRAN T 24 .nom o o NXDSETBACK RAM1T d ETz �I lO 22 25 15 MINUTE DROP OFF/ 15-MIBUICK ' _ DELIVERY 2514 2Z2 SPACE 8.3 THE GDETAIL RALE SEE DETA -PANT CIRRS VFOw -. NOPARKwGFIRE j SE 2ND 1 VALLEY 2 ON L..2.10 (TYP).... AVENUE 21jB G�rrER - LANE SIGN LAN RAMP WITH HAND RAIL 15X15 SGFT TRIANGLE i 10JPAINT CURBS YELLOW �E%IST. EDP I WlH NO PARKNG FIRE TYPE 'F' CURB -- ON STREET. SIDE AND (T�) b. -. 1 .5. LANE SIGN STEPS ,E✓ )E 11 All ZONING U CBO (CENTRAL ROSINESS DISTRICT) FUTURE USE: MXHUSE HIGH) (,( _ USE: COMMERCIAL ANDNDMULTI FAMILY RESIDENTIAL Page 1209 of 1515 MASTER SE 2ND AVENUE PROPOSED Page 1210 of 1515 Page 1211 of 1515 CURRENTLY APPROVED ELEVATIONS Page 1212 of 1515 CURRENTLY APPROVED ELEVATIONS (CONT'D) Z, A OVERALL WEST ELEVATION Page 1213 of 1515 PROPOSED ELEVATIONS NORTH ELEVATION 111rori M Jim 1111 III, uk I Vluulu Jim 11IuI ills' 11111 ji 11011 III jim, Ir mit In 'I I mill lis, COLOR SCHEME SOUTH ELEVATION 1*(900(Ti4l�fi *Ge CLANGING 1C.1. GLASS PICKET SOLID MESH METAL CONCERT REVEALS RAILING RAII ING RAILING RAII ING AWNING F.YFBROnS LIGHT STOOP Page 1214 of 1515 7 —J Y 71i BUILDING ELEVATIONS PROPOSED ELEVATIONS (CONT'D) LA,51 LILEVA.11UN 4 WEST -EL�E-V�AI'T'll'O"N"""" 11"lI B --E 1:1 Ll 0 ml Ali scip(li44 *4)0 CLADDING SCORED GLASS PICKET SOLID MESH METAL CONCRETE REVEALS RAILING RAILING RAILING RAILING AWNING EYEBROWS LIGHT STOOP �� Nn @-�T�Y ��AN BUILDING ELEVATIONS X - Page 1215 of 1515 PAVING GRADING AND DRAINAGE PLAN Page 1216 of 1515 v. rnw iFl JtiN If r I Page 1216 of 1515 PAVING GRADING AND DRAINAGE PLAN (CONT'D) LLCLNLI Tl ll� "I'l �Tlll ITAII 111�1,1 IT, I l;T A�l ';L I l AV' NUL V,A) AV- AID DRAll-,L ND t� w LU w w w ......... ... . ..... I. ... . .. .. I . ...... I .. 111 'All A V) �ND AVLNIIL Page 1217 of 1515 VISUAL IMPACT STUDY SUBJECT PROPERTY LOOKING NORTHEAST SUBJECT PROPERTY LOOKING SOUTHEAST Page 1218 of 1515 RENDERINGS Page 1219 of 1515 STAFF RECOMMENDATIONS Page 1221 of 1515 Page 1222 of 1515 Page 1223 of 1515 Page 1224 of 1515 YRC DATA rwvxrwnan ure[+KK Av. � Page 1225 of 1515 LEGEND I 'J dl ". earn =4 Vi n�ry wAx Ip ••\ mr � wn nix � me r rurn w+mm xwro !f YRC DATA rwvxrwnan ure[+KK Av. � Page 1225 of 1515 LEGEND I 'J dl 0— W z z J 0 � a w C - too FACADE MATERIAL & COLOR LEGEND Page 1226 of 1515 e.. FACADE MATERIAL A COLOR LEGERD Page 1227 of 1515 APPLICATION REQUEST • Major Master Plan Modification and Master Site Plan Modification to allow improvements by: • Modifying the unit mix for the residential component of the development, • Increase the commercial component of the development to 13,110 square feet, • Expanding recreational amenities to increase usable open space by 38.77% (from the 2% minimum required to 40.77%) • Reconfigure the site plan to insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways • Relief from Part III, Chapter 4, Article III, Section 6.F.2.d to provide alternative design elements and fagade treatment to shield the +/- 78'-6" portion of the integrated parking garage fagade that fronts SE 1st Avenue, as shown in the excerpt from the Site Plan below, in lieu of wrapping this portion of the fagade with habitable floor area. Page 1229 of 1515 NORTH ELEVATION - SOUTH ELEVATION $C11RIo CL 58 1111H1 I W REVIIALS NoILING I111LING FYAILING \47 �//, 'AWJMV KEY PLAN..... A� 11-11IG -NG .K.S LGIIT Sloop "BU, ILIDIINIG.,E-LEIVa�T'I'ONSI""-",'I Page 1230 of 1515 EAST ELEVATION WEST ELEVATION CLADDING SCORED GLASS PICKET SOLID MESH METAL REVEALS RAILING RAILING RAILING RAILING AWNING Page 1231 of 1515 CONCRETE EYEBROWS LIGHT SCHEME STOOP Page 1232 of 1515 Page 1233 of 1515 Page 1234 of 1515 Page 1235 of 1515 STAFF RECOMMENDATION OF APPROVAL Page 1237 of 1515 Page 1238 of 1515 E:1r] Public Hearing 3/11/2022 Requested Action by Commission: Approve request for a Community Design Appeal (CDPA 22-001) of Chapter 4, Article 111, Section 6.F.2.d "Integrated Garages", requiring habitable floor area to wrap all upper levels of the parking structure where the structure has street frontage, in order to disguise the garage's facade and maximize design compatibility of the Broadstone Boynton Beach project proposed for 212 S. Federal Highway. Applicant: Steven Scaggs, DSS Properties L.C. Explanation of Request: The applicant is requesting approval for a Community Design Appeal (CDPA 22-001) of Chapter 4, Article III, Section 6.F.2.d "Integrated Garages", which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way. The request for relief is concurrent with the Major Master Plan Modification (MPMD 22-002) and Major Site Plan Modification (MSPM 22-001) applications for the proposed alterations to the previously approved site plan. In lieu of wrapping the parking structure with habitable floor area, the applicant proposes alternative architectural facade treatments such as open metal frames designed to appear as window fenestrations, metal frame panels which resemble metal railings that will be used on the balconies, metal canopies along the ground floor and at strategic locations on the upper levels, artistic metal screening, stucco banding, raised stucco surrounds, and architectural articulation through recesses, projections, and variations in the roofline where the parking structure fronts SE 1St Avenue. Staff has determined that the applicant has sufficiently addressed the intent of the "integrated garages" code section with the aforementioned proposed architectural enhancements and therefore recommends APPROVAL of the request, subject to the accompanying conditions. To meet deadlines associated with the proposed development, the agent has requested that this item be heard at the March 1st Commission meeting, rather than following the standard process that would have the item placed on the March 15th meeting. The Planning and Development Board recommended approval of this item on February 22, 2022. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Page 1239 of 1515 Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D Staff IRE)port D I ocaboin li ap D �D ings D Exhibit D Coindboins of Appirov,-,.ill D C:: OrdE)r D Exhibit D AttacftrTIENI'lt Description Staff IRE)port Exhibit A I ocaboin li ap Exhibit IB Flir'OjE�Kt IRIair s Exhibit C JUIStificaboin StatE)irTIENI'lt Exhibit ID Coindboins of Appirov,-,.Ill is E)V(.)lopirTIENI'lt OrdE)r Flowe,ir'Floiint Flir'E)SE)intaboin Appicaint IFlirasa ENI'Itaboin Page 1240 of 1515 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-009 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Craig Pinder, Planner II DATE: February 11, 2022 PROJECT: Broadstone Boynton Beach CDPA 22-001 REQUEST: Approve request for a Community Design Appeal of Chapter 4, Article III, Section 6.F.2.d "Integrated Garages", requiring habitable floor area to wrap all upper levels of the parking structure where the structure has street frontage, in order to disguise the garage's facade and maximize design compatibility. Property Owner: Multiple Owners (see Exhibit Al) Applicant: Steven Scaggs, DSS Properties L.C. Agent: Bonnie Miskel and Beth Schrantz, Dunay, Miskel, Backman, LLP Location: 212 S. Federal Highway (Additional Parcels Included) Site Details: The applicant has submitted development applications for a Major Site Plan Modification, Major Master Plan Modification, and Community Design Appeal for a mixed-use project known as Broadstone Boynton Beach, which proposes an eight -story mixed-use building with 274 multi -family units, approximately 13,110 square feet of commercial space, recreational amenities, parking, and other related site improvements. The proposed site plan shows the placement of the building along S. Federal Highway, SE 2nd Avenue, and SE 1St Avenue. NATURE OF REQUEST Bonnie Miskel and Beth Schrantz are requesting approval of a Community Design Appeal of Chapter 4, Article III, Section 6.F.2.d "integrated garages", which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way. Page 1241 of 1515 Broadstone Boynton Beach (CDPA 22-001) Memorandum No PZ 22-009 Page 2 BACKGROUND AND ANALYSIS The application submitted for Community Design Appeal is pursuant to the Land Development Regulations (LDR) Chapter 4, Article III, Section 6.F.2.d "integrated garages", which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way. Any deviation from the exterior building and site design standards is subject to review and approval by the City Commission. As described, the integrated parking garage is proposed to front SE 1St Avenue without being wrapped with habitable floor area, and accordingly, is the subject of this appeal request. The applicant has submitted a Justification Statement (Exhibit "C") dated January 21, 2022 addressing each of the following review criteria for such applications: a) Whether the proposed request will demonstrate consistency with the Comprehensive Plan; b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; c) On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; d) Whether the proposed request is intended to save or preserve existing trees or desired flora; e) Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; fl Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; h) Whether the proposed request is necessary to further the objectives of the City to assist with economic development and business promotion; and i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The proposed building site totals 120,347 square feet or 2.76 acres, with developed commercial properties to the north, S. Federal Highway to the west, developed commercial properties on the northeast, a multifamily development on the southeast, SE 2nd Avenue to the south, then developed commercial properties farther to the south. The proposed mixed-use development is comprised of one structure including commercial space and private recreational amenities on the ground floor, multi -family units on levels two through eight, and an eight -floor integrated parking structure. As shown in the attached Justification Statement (pages 2-3), a portion of the integrated parking garage fronts SE 1 st Avenue for approximately 78'6", with the remainder of the north elevation fronting the ground floor recreation amenities within the site. This represents a modification from the original footprint of the parking structure in order to increase the percentage of usable open space from 2.1 % to 40.77%. The revised footprint ensures that the viewshed from SE 1St Avenue does not terminate at a parking garage ingress/egress, instead it provides a view to landscaped active outdoor amenities and habitable space in the residential building. Page 1242 of 1515 Broadstone Boynton Beach (CDPA 22-001) Memorandum No PZ 22-009 Page 3 The strict application of the site design standards for integrated garages, in this instance, would require habitable floor area to wrap a portion of the garage where street level activity is anticipated to be minimal due in part to the partial abandonment of SE 1St Avenue. In addition, providing habitable space or additional dwelling units along this portion of the parking structure will significantly reduce the number of parking spaces and impact vehicular circulation within the parking structure, thereby rendering the project unfeasible. Moreover, this portion of SE 1St Avenue services parking areas and "back -of -house" uses for the commercial properties fronting E. Ocean Avenue. In lieu of wrapping the parking structure with habitable floor area, the applicant proposes alternative architectural facade treatments such as open metal frames designed to appear as window fenestrations, metal frame panels which resemble metal railings that will be used on the residential balconies, metal canopies along the ground floor and at strategic locations on the upper levels, artistic metal screening, stucco banding, raised stucco surrounds, and architectural articulation through recesses, projections, and variations in the roofline where the parking structure fronts SE 1St Avenue. This proposal allows for the elevation of the parking structure to be designed to appear as habitable space and remain consistent with the architectural design language of the building. RECOMMENDATION Staff has reviewed this request for Community Design Appeal approval. Based on the analysis contained herein, staff recommends approval contingent upon City Commission approval of concurrent requests for the Major Site Plan Modification and Major Master Plan Modification, and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. \\Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Broadstone (FKA GCI-Legacy)\_Staff Report\CDPA 22-001 Staff Report.docx Page 1243 of 1515 LOCATION MAP Exhibit A2 Page 1244 of 1515 Exhibit B - Project Plans Page 1245 of 1515 I �111 A,l . ...... .... 0 41 'El Elm %LI ------ ------- -------------- -A 41PLUBM ------ --------- F- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - FE F ® ---------- ---------- ------------ � ------------- FF l E 7777=idl A ----------- A'A All II 0 0 0 0 T 7 1 11 f 11 0 -EE . . . . . . . . . - - ---------------- .-F---------- ------------------------- -I . PROPERTY LINE ct) -M ease 3 A CA ITECTS, INC BROADSTONE cn 04OMSA ACIEAR IT BOYNTON BEACH _E F01 > ARCHITECTS ALLIANCE RESIDENTIAL Ngo oR LOCATED AT ARCHITFCTURF PLANNING ij BOYN TON BEACH, moo FL A Page 1246 of 1515 2 — ------- --- f t ease 3 A CA ITECTS, INC BROADSTONE cn 04OMSA ACIEAR IT BOYNTON BEACH _E F01 > ARCHITECTS ALLIANCE RESIDENTIAL Ngo oR LOCATED AT ARCHITFCTURF PLANNING ij BOYN TON BEACH, moo FL A Page 1246 of 1515 m m --------- ------------ ------------------------------ BROADSTONE MSA BOYNTON BEACH w ALLIANCE 04lbARCHITECTS , 0 _RESIDENTIAL & ['I ANNINC BOYNTON` ..:\,.; ,\\;\\,; \,,;\a2.; BEACH, FL Page 1247 0 1515 > f i,,)?p Ozn —l//l lm NO // IMN, INA, ON CKNII,F//l 010 Mell, ON, rffiffil WN, M, I'M // O, 1. J- J-10, pel, fftl m� = im im im Mu/ .. .. . .... MSA BROADSTONE BOYNTON BEACH ARCHITECTS 4P"'," . AH IANCF(,( NIIAL FINN I ITMIT & -1 AI\N NU BOYNToN F Page 1248 of 1515 mm uuumuuu (»oiry Duun�rcay H ipwCallwauin r ImP n fin�au IJolna�ld uuuum¢ Bonnie IlSiirli¢O hN aY19e IINICkernnin 11 «aisu en G, 0r4oin Sc ouu Backman Pe SachaY a add a 114ucoVe Ja,anSnu mum idiom rL.u" ErawSaffumrain WatilaurwarH °scall; RadbarkBand PaUn�ieu. Alliance Residential Statement of Use and Justification for Community Design Appeal Submitted: December 13, 2021 Resubmitted: January 21, 2022 DSS Properties, LLC ("Petitioner") is the assignee and representative for the owners of a +/- 2.76 acre assemblage of nine (9) parcels as shown below ("Property"), which is generally located on the east side of Federal Highway one block south of Ocean Avenue in the City of Boynton Beach ("City"). The Property is designated MU -H, Mixed Use — High, on the City's Future Land Use Map and located within the City's MU - C, Mixed Use — Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit -Oriented Development District. The Property addresses and parcel control numbers are detailed below. PRIOR APPROVALS 112 S Federal Highway 08-43-45-27-04-000-0050 206 S Federal Highway 08-43-45-27-04-000-0090 SE 111 Avenue 08-43-45-27-04-000-0650 SE 111 Avenue 08-43-45-27-04-000-0670 SE 111 Avenue 08-43-45-27-04-000-0710 Ocean Avenue 08-43-45-27-04-000-0610 625 SE 2"d Avenue 08-43-45-27-49-000-0010 08-43-45-27-49-000-0020 08-43-45-27-49-000-0030 08-43-45-27-49-000-0040 SE 2"d Avenue 08-43-45-27-04-000-0630 Federal Highway 08-43-45-27-04-000-0131 212 S Federal Highway 08-43-45-27-04-000-0150 On January 19, 2021, the City Commission approved Ordinance 20-034, Ordinance 20-035, and Major Site Plan Application NWSP 20-003 to allow the following requests: 14 "x,E= 4l'i aSI� u^u1r.t, Sita ;alb, Buuc a R aloe, R. 3 3432 leL 156 1 N 40 u-3 CICI Flzm 156 Vi 409�234 f waavvwa,ilrrafa0a4.rc„aiw, a u m Page 1249 of 1515 • Rezone the Property from the CBD, Central Business District, zoning district to the current MU -C zoning district in order to make the zoning consistent with the MXH Future Land Use designation. • Abandon a portion of the improved 45 foot wide right-of-way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet in order to provide a continuous and uninterrupted frontage along Federal Highway; and • Major Site Plan Approval for a mixed-use development consisting of an eight (8) story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 40 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below. The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, Alliance Residential is under contract to purchase the Property from the collective ownership group identified above in order to develop the Property as a mixed use development consistent with the Original Approval. Petitioner has submitted an application for Major Master Plan Modification and Major Site Plan Modification (MMSP 22-002) in order to make certain improvements to the site design that will significantly improve the quality of the development by modifying the unit mix for the residential component of the development, modifying the commercial component of the development to 13,110 square feet, expanding the recreational amenities to increase usable open space by 38.77% (from the 2% minimum required to 40.77%), and reconfiguring the site plan to insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways ("Major Master Plan Modification and Major Site Plan Modification"). These changes will create a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above, the integrated parking garage has been redesigned in order to ensure that the viewshed from SE 1st Avenue from the east does not terminate at a parking garage entry, and instead provides a view to lush and attractive landscaping. The reorientation of the parking garage places the garage entry on the north side of the building facing the south side of SE 1St Avenue and back of house/parking areas for the small retail uses existing to the north. This results in a +/- 78'-6" portion of the integrated parking garage having frontage on SE 1St Avenue, as shown on the excerpt from the Site Plan provided below. Page 2 of 9 Page 1250 of 1515 The City's Land Development Regulations ("LDRs") require that habitable floor area must wrap all upper - levels of the parking structure where an integrated parking structure has frontage along a public right-of- way with the intent to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along such a minimal portion of the garage facade adjacent to back -of -house and parking areas and at a dead-end location where street level activity and passerby traffic does not exist is not feasible and would not create a successful development project. As such, Petitioner proposes alternative architectural facade treatments as shown in the excerpt from the architectural elevations provided below, including awnings along the ground floor and at strategic locations on the upper levels, open metal frames and metal screen wall panels that provide the appearance of window fenestration, artistic metal panels, and architectural articulation through recesses, projections, and variations in roofline. Further, two (2) large live oak trees are proposed adjacent to this frontage that will provide additional screening and ensure a pleasant street -level environment for any pedestrians. . "UNII.I..IWApl GW, f,l;ISU&r 11741 L f4fll�"M ..wI41 AD ",S4.11kPSr,A MD YJ'ArANVwPNIWtoe GII INrtRtWPTb"S11FW ANY l, N (6F In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide the alternative design elements and high-quality architectural facade treatment to screen and disguise the garage while also providing for a pleasant pedestrian experience at the street level: Page 3 of 9 Page 1251 of 1515 MENA: i ViUSELIN /r�ri r�riG�r'1 //';?ei/,,•f„ �� r� r�,o-i 1%�Yi?1J9�' , 11 I fNJoi,ir16 Mill �m YI mlliy� ,... , p �rm�6iva�vu �riJ�mG��&r�rc I I /p e;uurre a�'%;�j�/.y% � ";r N�' Ya r ,: ,... i�� / J�I�11�fr��i r 001/11 ��f✓,9f �� "ii ,f/4 ��,� jlfJJ s„�.. ,�� : , f . Inr, rr tr •irmllF rrr r anifar( ,,f �� l Elbow . "UNII.I..IWApl GW, f,l;ISU&r 11741 L f4fll�"M ..wI41 AD ",S4.11kPSr,A MD YJ'ArANVwPNIWtoe GII INrtRtWPTb"S11FW ANY l, N (6F In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide the alternative design elements and high-quality architectural facade treatment to screen and disguise the garage while also providing for a pleasant pedestrian experience at the street level: Page 3 of 9 Page 1251 of 1515 Relief from Part 111, Chapter 4, Article 111, Section 6.F.2.d to provide alternative design elements and faVade treatment to shield the +/- 78'-6" portion of the integrated parking garage faVade that fronts SE 1St Avenue, as shown in the excerpt from the Site Plan below, in lieu of wrapping this portion of the faVade with habitable floor area. ("Community Design Appeal") Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA In accordance with the review criteria of Chapter 2, Article 11, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate below that the Community Design Appeal: (a) is consistent with the Comprehensive Plan,- (b) lan;(b) will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; (c) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) will not have an adverse impact on property values of abutting or adjacent land; (g) will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed -Use High. Per the City's Comprehensive Plan, the MX -H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development, safe and pedestrian friendly streets, and provide for transportation choices. The MX -H category east of I- 95 specifically provides for high density residential development. As such, the Project is consistent with the higher -density residential development clearly contemplated in the City's Comprehensive Plan. The requested relief is required to provide more appropriate architectural facade treatment for the +/- 78'-6" portion of the integrated parking garage facade that fronts SE 1st Avenue. This portion of SE 1St Avenue is where the public roadway terminates at the project entrance and serves as the entry for back -of -house parking areas for the small scale retail uses located to the north. As such, there is not a high level of pedestrian activity in this area and ground floor uses located in this area are not likely to be viable. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: Page 4 of 9 Page 1252 of 1515 • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. • Policy 1.3.1.d —The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian -friendly streets and transportation choices — Approval of the requested Community Design Appeal will allow development of the project, which provide for compact development, pedestrian friendly streets, improved recreational amenities, and a higher quality view down SE 1St Avenue than were contemplated under the Original Approval. • Objective 1.7 —The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3 —The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on -street parking; bus stops and transit enhancements; widening sidewalks... -The Project proposes a wide sidewalk along SE 1St Avenue to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists — A well landscaped pedestrian area is provided along this frontage to promote a safe pedestrian environment. Two (2) large live oak trees are proposed adjacent to the portion of the facade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing, approval of the requested Community Design Appeal is consistent with the City's Comprehensive Plan. Page 5 of 9 Page 1253 of 1515 (b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. Approval of the requested Community Design Appeal will not significantly detract from the livability or appearance of the City the intent to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along such a minimal portion of the garage facade adjacent to back -of -house and parking areas and at a dead-end location where street level activity and passerby traffic does not exist is not feasible and would not create a successful development for the City. As such, Petitioner proposes alternative architectural facade treatments to meet the intent of the LDRs, including awnings along the ground floor and at strategic locations on the upper levels, open metal frames and metal screen wall panels that provide the appearance of window fenestration, artistic metal panels, and architectural articulation through recesses, projections, and variations in roofline. Further, approval of the requested Community Design Appeal is consistent with the desired character of the area and applicable redevelopment plan. As noted above, the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts area also intended to support transit ridership, and in particular the development of transit -oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an emphasis of high density development for this overlay district which includes the Property. Approval of the requested Community Design Appeal will allow for the higher density development encouraged by such provisions in the City's Land Development Regulations. As such, approval of the Community Design Appeal will not detract from the livability or appearance of the City, and is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. Page 6 of 9 Page 1254 of 1515 (c) On balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. Approval of the requested Community Design Appeal is consistent with the purpose of this provision. The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. The alternative architectural facade treatments proposed (awnings along the ground floor and at strategic locations on the upper levels, open metal frames and metal screen wall panels that provide the appearance of window fenestration, artistic metal panels, and architectural articulation through recesses, projections, and variations in roofline) meet the intent of the LDRs. The proposed architectural treatment, in combination with the proposed live oak trees and wide pedestrian sidewalk meets the purpose of the standard. (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property, 2) location of existing structures and infrastructure improvements, and 3) size, age, health and species of trees sought to be protected. Approval of the requested Community Design Appeal will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to habitable space along the upper levels of the garage and is required to provide a safe and functioning garage facility. As noted above, the garage has been designed to continue the appearance of the livable space in the associated residential building. As such, this criterion is not applicable to the Project. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. Approval of the requested Community Design Appeal will not have an adverse environmental impact. Rather, approval of the requested Community Design Appeal will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 42.3% usable open space (where the Original Approval provided only 2.1% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval. Considering that approval of the Community Design Appeal is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Page 7 of 9 Page 1255 of 1515 Approval of the requested Community Design Appeal will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped with small retail uses that do not serve the needs of the community or meet the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Approval of the requested Community Design Appeal will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the requirement to provide habitable space wrapping the minimal portion of the integrated parking garage that fronts SE 1St Avenue. Approval of the requested Community Design Appeal will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 42.3% usable open space (where the Original Approval provided only 2.1% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the Community Design Appeal is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or air available to adjacent properties. (h) Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. Approval of the requested Community Design Appeal is necessary to further the City's objectives to assist with economic development and business promotion. As noted above, the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the requirement to wrap a small portion of the integrated parking garage with habitable space in order to be able to develop the project further these objectives. Page 8 of 9 Page 1256 of 1515 Approval of this request is necessary to redevelop this underdevelopment aggregation of parcels with the vertically integrated mixed-use project, which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the west, as well as the commercial redevelopment to the north and south. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. (i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the integrated parking garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along such a minimal portion of the garage facade adjacent to back -of -house and parking areas and at a dead-end location where street level activity and passerby traffic does not exist is not feasible and would not create a successful development for the City. As such, Petitioner proposes alternative architectural facade treatments to meet the intent of the LDRs, including awnings along the ground floor and at strategic locations on the upper levels, open metal frames and metal screen wall panels that provide the appearance of window fenestration, artistic metal panels, and architectural articulation through recesses, projections, and variations in roofline. The project is designed to comply with all other site development standards and requirements. As such, the requested Community Design Appeal complies with this criterion. Page 9 of 9 Page 1257 of 1515 EXHIBIT "D" Conditions of Approval Project Name: Broadstone Boynton Beach (fka Legacy at Boynton Beach) File number: CDPA 22-001 Reference: Approve request for a Community Design Appeal (CDPA 22-001) of Chapter 4, Article III, Section 6.F.2.d "Integrated Garages", requiring habitable floor area to wrap all upper levels of the parking structure where the structure has street frontage, in order to disguise the garage's facade and maximize design compatibility. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING Comments: None PARKS AND RECREATION Comments: None PUBLIC ART Comments: None PLANNING AND ZONING Comments: 1. Please revise the "knee wall" section of the parking garage elevation to either: a. Provide additional screening within the metal open frames to effectively screen vehicles from view; and/or b. Raise the "knee walls" to effectively screen the vehicles from view. The intent is to ensure that parked vehicles are not able to be seen, and the appearance of habitable floor area must be maintained. X COMMUNITY REDEVELOPMENT AGENCY Comments: None Page 1258 of 1515 Broadstone Boynton Beach (fka Legacy at Boynton Beach) CDPA 22-001 Conditions of Approval Paqe 2 of 2 PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATION / COMMITMENTS 2. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. F:\Exhibit C - COA Broadstone MSPM 22-001 MPMD 22-002.doc Page 1259 of 1515 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS Broadstone Boynton Beach (CDPA 22-001) Steven Scaggs, DSS Properties L.C. 728 CASA LOMA BOULEVARD, BOYNTON BEACH, FLORIDA 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 1, 2022 APPROVAL SOUGHT: Request for a Community Design Appeal of Chapter 4, Article III, Section 6.F.2.d "Integrated Garages", requiring habitable floor area to wrap all upper levels of the parking structure where the structure has street frontage, in order to disguise the garage's facade and maximize design compatibility. LOCATION OF PROPERTY: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk \\Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Broadstone (FKA GCI-Legacy)\_Staff Report\CDPA 22-001 DO.doc Page 1260 of 1515 Requests Page 1263 of 1515 SITE LOCATION MAP Existing Land Use: Mixed Use High Page 1264 of 1515 (MXH) Existing Zoning: Mixed Use Core (MU -C ) Proposed Land Use: Mixed Use High (MXH) Proposed Zoning: Mixed Use Core (MU -C) Acreage: 2.76 acres Page 1264 of 1515 nVT ZONING -CBD (CENTRAL BUSINESS DISTRICT) NNRE USE. M%H R(MI%ED USE NIGH) USE: C MMERC AL ( ETAL AND OFGICE) �RE USABLE OPEN SPACE AREA REO 2R " SITE SF m , r °°2•12D34J2,56D SFSF724DJSF PROVIDED: PROP 'FIRE l Com— PUBLIC ART Y CURRENTLY APPROVED HYDRANT 'BIKE ANE Nom _ J__ __ _-_- __ N MASTER PLAN/ SITE s�k�yy COVERED ACn VE AREA/ LOGGIA 0E OP OFF TEMPORARY- DRO AP Lc TO "' WITH 125' 1 LIGHT POLES I (TYP_) REFER TO ARCHITECNRAL PLANS FOR LOAD M1c. XACT OYNTON STAFF TO EXACT WORDING OF SIGNAGE - SERVICE ROUTE ZON NO -CBD (CENTRAL BUS NESS pISTRICT) PLAN ,BUS STOP LOCATION '1D 10 ACTIVE AREA FUTURE USE MXH (MIXED USE HIGH) USE: COMMERCIAL (RETAIL) ''. 3' BUILDING SETBACK 7 0'- _ 1-T. FIRE noun HYDRANT TREE GRATE SEE DET IL o o PORTION OF SE IIT AVE SEE SHEET 0 8 GG FlRE IA ON L-2,10 (T 12'2 ' TO BE ABANDONED ADDETV PIAN FOR ADD TIONALINFORMATION y 8' ACTIVE AREA 10' SIDEWALK P SEE- - .��+. T. R55'� l_ EXIST EOP ... .... _.. I TECTORAL AflCHITECSHEET PLANS, BACKUP Jl -. SHEET a3.t.te IL URB L z>1 LEARAncE SE 1ST AVENUEPA "NO ' I WITH PARKING FIRE / SD' LOADING ZONE 2.h2 LANE"SGN 2" PROP. FIRE O O 10.3 2.5 I'F' CURB (TVP.) HTDRANf ,, 22 p X�SERVICE o....- 4 10 SIDEWALK SIDEWALK CORRIDOR U' SIDEWALK o 77 >' , PROP. 12x13 FIRE LANE AND- 13'X24 SERVICE ONLY ACCESS PROP. FIRE FPL MANHOLE. SEE LIGHT POLES >" 14 4 E UTILITY EASEMENT MIXED USE BUILDING EASEMENT PROP. HYDRANT PEDESTRIAN PL DEswG FDR DETALs (TrP.) aMEwn[s 3-STEPS WITH 274 UNITS _ ® HANDRAILS 7,422 SF RETAIL .. 5,000 SF RESTAURANT E( _ I- 10' AN ACTIVE AREA MAX 8 STORIES 11 J 2 9iKE HEIGHT 100' 8' ACTIVE AREA STRUCTURED PARKING 510 SPACES(' Ld LANE PEDESTRIAN ACCESS ci FROM PD GARAGE O o , LOCKED SERVICE DOOR ,o,.. • PROP 12'X20' H Y EASEMENT .` �R.AMP PEDESTRIAN IIIR TO , J� FRONT OF HOUSE o LIGHT POLES V y 1B SDEWALK (TYP) FLOOR ONLY PROPOSED PEDESTRIAN AMENITIES PI 1' 1. a A— AREA a - � "s PEDESTRIAN AND BICYCLE AMENITY AREA F TYPE F CURB(TYP) AMENITIES COVERED ACTIVE AREA/ LOGGIA / SPEED BUMP PEDESTRIAN AND b DECORATILE VE GA. SEE ARCHITECTURAL PLANS SHEET A3.0.18 FOR DETAILS „ o4 10 SDEWALI( STOP BAR WITH BICYCLE AMENITIES PROP 12'x8 PEDESTRIAN II U 1ST FIRE RANT TOIPfNG DOUBLE STRYELLOW UTILITY EASEMENT 5 0•�" AMENITIES �L —� REMOVED PROP FIRE.... SETBACK 10 PROP F)RE '1( HYDRAN T 24 .nom o o NXDSETBACK RAM1T d ETz �I lO 22 25 15 MINUTE DROP OFF/ 15-MIBUICK ' _ DELIVERY 2514 2Z2 SPACE 8.3 THE GDETAIL RALE SEE DETA -PANT CIRRS VFOw -. NOPARKwGFIRE j SE 2ND 1 VALLEY 2 ON L..2.10 (TYP).... AVENUE 21jB G�rrER - LANE SIGN LAN RAMP WITH HAND RAIL 15X15 SGFT TRIANGLE i 10JPAINT CURBS YELLOW �E%IST. EDP I WlH NO PARKNG FIRE TYPE 'F' CURB -- ON STREET. SIDE AND (T�) b. -. 1 .5. LANE SIGN STEPS ,E✓ )E 11 All ZONING U CBO (CENTRAL ROSINESS DISTRICT) FUTURE USE: MXHUSE HIGH) (,( _ USE: COMMERCIAL ANDNDMULTI FAMILY RESIDENTIAL Page 1265 of 1515 MASTER SE 2ND AVENUE PROPOSED Page 1266 of 1515 Page 1267 of 1515 CURRENTLY APPROVED ELEVATIONS Page 1268 of 1515 CURRENTLY APPROVED ELEVATIONS (CONT'D) Z, A OVERALL WEST ELEVATION Page 1269 of 1515 PROPOSED ELEVATIONS NORTH ELEVATION 111rori M Jim 1111 III, uk I Vluulu Jim 11IuI ills' 11111 ji 11011 III jim, Ir mit In 'I I mill lis, COLOR SCHEME SOUTH ELEVATION 1*(900(Ti4l�fi *Ge CLANGING 1C.1. GLASS PICKET SOLID MESH METAL CONCERT REVEALS RAILING RAII ING RAILING RAII ING AWNING F.YFBROnS LIGHT STOOP Page 1270 of 1515 7 —J Y 71i BUILDING ELEVATIONS PROPOSED ELEVATIONS (CONT'D) LA,51 LILEVA.11UN 4 WEST -EL�E-V�AI'T'll'O"N"""" 11"lI B --E 1:1 Ll 0 ml Ali scip(li44 *4)0 CLADDING SCORED GLASS PICKET SOLID MESH METAL CONCRETE REVEALS RAILING RAILING RAILING RAILING AWNING EYEBROWS LIGHT STOOP �� Nn @-�T�Y ��AN BUILDING ELEVATIONS X - Page 1271 of 1515 PAVING GRADING AND DRAINAGE PLAN Page 1272 of 1515 v. rnw iFl JtiN If r I Page 1272 of 1515 PAVING GRADING AND DRAINAGE PLAN (CONT'D) LLCLNLI Tl ll� "I'l �Tlll ITAII 111�1,1 IT, I l;T A�l ';L I l AV' NUL V,A) AV- AID DRAll-,L ND t� w LU w w w ......... ... . ..... I. ... . .. .. I . ...... I .. 111 'All A V) �ND AVLNIIL Page 1273 of 1515 VISUAL IMPACT STUDY SUBJECT PROPERTY LOOKING NORTHEAST SUBJECT PROPERTY LOOKING SOUTHEAST Page 1274 of 1515 RENDERINGS Page 1275 of 1515 STAFF RECOMMENDATIONS Page 1277 of 1515 Page 1278 of 1515 Page 1279 of 1515 Page 1280 of 1515 YRC DATA rwvxrwnan ure[+KK Av. � Page 1281 of 1515 LEGEND I 'J dl ". earn =4 Vi n�ry wAx Ip ••\ mr � wn nix � me r rurn w+mm xwro !f YRC DATA rwvxrwnan ure[+KK Av. � Page 1281 of 1515 LEGEND I 'J dl 0— W z z J 0 � a w C - too FACADE MATERIAL & COLOR LEGEND Page 1282 of 1515 e.. FACADE MATERIAL A COLOR LEGERD Page 1283 of 1515 APPLICATION REQUEST • Major Master Plan Modification and Master Site Plan Modification to allow improvements by: • Modifying the unit mix for the residential component of the development, • Increase the commercial component of the development to 13,110 square feet, • Expanding recreational amenities to increase usable open space by 38.77% (from the 2% minimum required to 40.77%) • Reconfigure the site plan to insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways • Relief from Part III, Chapter 4, Article III, Section 6.F.2.d to provide alternative design elements and fagade treatment to shield the +/- 78'-6" portion of the integrated parking garage fagade that fronts SE 1st Avenue, as shown in the excerpt from the Site Plan below, in lieu of wrapping this portion of the fagade with habitable floor area. Page 1285 of 1515 NORTH ELEVATION - SOUTH ELEVATION $C11RIo CL 58 1111H1 I W REVIIALS NoILING I111LING FYAILING \47 �//, 'AWJMV KEY PLAN..... A� 11-11IG -NG .K.S LGIIT Sloop "BU, ILIDIINIG.,E-LEIVa�T'I'ONSI""-",'I Page 1286 of 1515 EAST ELEVATION WEST ELEVATION CLADDING SCORED GLASS PICKET SOLID MESH METAL REVEALS RAILING RAILING RAILING RAILING AWNING Page 1287 of 1515 CONCRETE EYEBROWS LIGHT SCHEME STOOP Page 1288 of 1515 Page 1289 of 1515 Page 1290 of 1515 Page 1291 of 1515 STAFF RECOMMENDATION OF APPROVAL Page 1293 of 1515 Page 1294 of 1515 011110111 City Manager's Report 3/11/2022 Requested Action by Commission: Hear a presentation on the Phase I - Economic Competitive Assessment prepared by Dr. Ned Murray, AICP, Associate Director, Jorge M. Perez Metropolitan Center, Florida International University. Explanation of Request: On August 3, 2021 the City Commission approved the RFP ranking as recommended by the Evaluation Committee and authorized the City Manager to sign a Professional Services Agreement with Metropolitan Center, Florida International University, of Miramar, FL as a result of RFP No. 021-2419-21 in the amount of $75,000.00 for Economic Development Plan services. The purpose of the Economic Development Plan is to create a plan of action based on current and projected economic, industry, and real estate trends; align policy and investments to maximize City assets; and evaluate our assets and chart a course towards a sustainable and equitable economy that will grow jobs and careers, advance opportunities for prosperity, and create vibrant neighborhoods and communities. Specifically, the plan will: • Offer policy recommendations and strategies that will maximize our economic assets and overcome challenges that currently impede the City's competitiveness in attracting, retaining, and developing high- growth industries. • Offer policies and strategies that will stimulate (re)development and strengthen commercial centers and corridors. • Identify current and potential economic assets, placemaking locations, and real estate that have the best opportunity to become economic engines and catalysts for the City. • Offer strategies and policy recommendations that will help the City attract and retain retail companies, diversify the City's retail sector and lower commercial vacancy rates. • Develop a strategic economic development action plan that includes specific policy recommendations and implementation strategies to attract high-growth industries, strengthen and diversify the City's retail market, support small businesses, and capitalize on opportunities and assets, including economic generators and catalysts that exist in the City and region. FIU is presenting the findings of the economic competitive assessment (State of the Economy). The economic competitive assessment will serve as the basis upon which FI U will develop the City's Economic Development Plan. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Page 1295 of 1515 Strategic Plan: Strategic Plan Application: The economic competitive assessment and following Economic Development Plan will provide recommended strategies and actions to achieve the City's vision and mission. Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D ffaclhtirTIENI'lt Description StatE) Of flh E) Il:::::.coir oirny Il lirE)SE)irntaflioin Page 1296 of 1515 Page 1297 of 1515 Process: Population trends and economic conditions Industrial development activity in the Boynton Beach trade area Land use assessment Real estate trends Quality of life factors and conditions Assessment of CRA Districts Housing market trends Municipal benchmarking Page 1298 of 1515 Central Location in hot Palm Beach County market Relatively high (63.8%) labor force participation rate Significant growth (39.8%) in the City's young professional population Significant number of establishments (349) and workers (3,152) in the Advanced Industry Sector Significant presence of County's Targeted Industries , 5.3 million sf in industrial space Competitively priced housing market Resurging retail activity Page 1299 of 1515 Underdeveloped downtown N¶w°w Excessive outflow (27,500) of resident workers Lagging job growth compared to several benchmark cities Vast majority of jobs in low- wage service sectors Significant income disparity 1.5% industrial space vacancy rate Limited vacant land suitable for industrial development Page 1300 of 1515 Page 1301 of 1515 lRopulallon Gro 1h, 2010-2020 Benchmark Chiles .5% 0% 5% 110 5% 20% 25% 30% 35% 40% 110" Myers Roynton IlNudlu West 1WM lNudil imerfiedd IlNudil Roull Rallon hompano Madh Jupwer ii imlluay Ibeadil surasolu NuIpbe's Benchmark Median S 11-5, 2010 S 2UO ffl—kl 4,.— 4-1, Page 1302 of 1515 Page 1303 of 1515 Change in Real Median Full -Thine Worker Earnings, 2010.2019 Benchmark Chiles Is .10% ...S%, or S% 10% Is% Nuple's Roull IIRuton ll�� Jupwer Fort Myers Sairusift imbuy Ibea21111 hompano lNuch Roynton Ilinacllu imerfiedd IINU& West IIoMrn Ilinacllu Benchmark Median 6newrTai 11-5, 4,s.x�w..T11,--ACS3 2019 Page 1304 of 1515 Page 1305 of 1515 khray Ibeach Jupher Dee' die' lld IINaaalu Sau Quota West Palm IINUdlu Roynton INUdIll Roull IISaitaan loompulmo IINUC.1111 INUIRks 110" Myers Private SeclorJob Gyre -h, 2010 - 2019 Bencimmudc Cifies IS! 20% 2S% 30% as% 40% 4s% Sm -US, PP.,* A,,mA-lpk, Page 1306 of 1515 Palm Beach County Retail Net Absorption, Net Deliveries & Vacancy 1.2M 1M 1 800K 600K 1 400K 200K �W r 0 rrf II CoStar © 2022 Costar Realty Information Inc. 8.0% orecast 7.5% 7.0% 6.5% 6.0% 5.5% m U d�J Page 1307 of 1515 2/8/2022 Boynton Beach Retail Net Absorption, Net Deliveries & Vacancy 350K 10% Forecast 300K 9% 250K 8% ILL 200K 7% ill 150K 6% U N 100K l� 5% c > Q `0 50K �um .III m Yff,,,,i� ��r. 4% Net Abs�orrJtiorr IIIIIIIIIIIII Net Deliveries� CoStar - © 2022 Coster Realty Information Inc. 2/8/2022 Page 1308 of 1515 State of the Economy: Retail BOYNTON BEACH'S RETAIL LANDSCAPE RANGES FROM GROWING ENTREPRENEURS TO NATIONAL RETAIL ANCHORS. Boynton Beach offers a range of retailers and opportunities from dining establishments to neighborhood goods and services to merchandise retailers as the industry plays a significant role in the city's economy. Healthy retail industries attract and retain businesses and heighten visitation from outside areas introduce new customers to Boynton Beach. As the city continues to grow and compete in the regional economy, quality retailers and restaurants can help Boynton Beach draw more residents and commercial activity to the city. 0 NEARLY 1 in 4 l� OF BOYNTON BEACH BUSINESSES ARE RETAILERS Approximately 560 retailers are located in Boynton Beach. BOYNTON BEACH BUSINESSES ARE RETAILERS OR RESTAURANTS This equates to over 790 businesses, or 22% of Boynton Beach's businesses, being within the retail and food and beverage industry. OF BOYNTON OFBOYNTON BEACH BUSINESSES ARE RESTAURANTS This includes over 230 businesses in the food and beverage industry. Share of Businesses by Retail and Restaurant Industries By Comparative Cities (2022) 15% 5% 17% 1 13% 13% 6% 7% 6% 5% 6% Boynton Delray Lake Worth Boca Raton West Palm Beach Beach Beach Beach Page 1309 of 1515 Source: InfoGroup (2022) ALTHOUGH BOYNTON BEACH HAS FEWER RETAILERS AND RESTAURANTS THAN NEARBY CITIES, THE PROPORTIONATE SHARE OF ESTABLISHMENTS IS CONSISTENT ACROSS THE REGION, INCLUDING BOYNTON BEACH. BOYNTON BEACH BUSINESSES ARE RETAILERS OR RESTAURANTS This equates to over 790 businesses, or 22% of Boynton Beach's businesses, being within the retail and food and beverage industry. OF BOYNTON OFBOYNTON BEACH BUSINESSES ARE RESTAURANTS This includes over 230 businesses in the food and beverage industry. Share of Businesses by Retail and Restaurant Industries By Comparative Cities (2022) 15% 5% 17% 1 13% 13% 6% 7% 6% 5% 6% Boynton Delray Lake Worth Boca Raton West Palm Beach Beach Beach Beach Page 1309 of 1515 Source: InfoGroup (2022) State of the Economy: Retail BOYNTON BEACH INCLUDES NEARLY 1 1 MILLION SQUARE FEET OF RENTABLE BUILDING AREA FOR RETAILERS. The 10,967,007 SF of rentable building area, commonly referred to as RBA, in the Boynton Beach/Lantana Submarket Area is dispersed across a variety of different retail building typologies ranging from the mall to strip centers to freestanding commercial buildings. 28% GENERAL RETAIL 3.1 MILLION SF Often single -tenant, freestanding commercial buildings thot serve general retail purposes and feature parking on-site. STRIP CENTER 567,000 SF Attached row ofstores managed os o coherent retail entity, with on-site parking usually located in front of the stores. Open canopies may connect the storefronts, but o strip center does not have on enclosed walkway linking the stores.` Often configured in o straight line, L, or U shape. 18% MALL 1.9 MILLION SF Retail center including Lifestyle Center, Regional Mall, on d Super Region of Moll. 58%of this square footage Is the Boynton Beach Mall, approximately 10% of the city's total retail RBA. BOYNTON BEACH RENTABLE BUILDING AREA (Retail Only) M 3 -- POWER CENTER 1.2 MILLION SF "Consists ofseverol freestanding (unconnected) anchors and only o minimum omountofsmollspeciolty tenants.` Often range from 250,000 to 600,000 SF Typically dominated by discount department stores, warehouse clubs, or stores that offer wide selections of low prices. NEIGHBORHOOD CENTER 4.2 MILLION SF "Provides for the sales of con vemence goods (food, drugs, etc.) and personal services (laundry, dry clean in g, etc.) forcoy-to-coy living needs of the immediate neighborhood with o supermarket being the principol tenant.` Neighborhood centers ore often 50,000 SF but can range on ywh ere from 30,000 to 100,000 SF. Page 1310 of 1515 source: Costar(2022) Data Provided by FIU. Del11pbons pulled directly from CoStar. State of the Economy: Retoil CITYWIDE, RETAIL IS PERFORMING WELL. RENTS ARE INCREASING AT A CONSISTENT RATE, AND VACANCY REMAINS HEALTHY. Although Boynton Beach experienced a slight uptick in vacancy, likely attributable to the Covid-19 pandemic, retail market conditions indicate that Boynton Beach's retail economy overall is stable and consistent. Boynton Beach's rents remain consistently below Palm Beach County, demonstrating the city's affordability in the regional retail market. Citywide 10 -Year Rent Trends (All Retail) $35 RETAIL RENTS HAVE $30GRADUALLY INCREASED $25 ®-r"`®` PAST T NV YEARS. _�� .r—w�'r� Market rent per square foot in $20 Boynton Beach has steadily $15 $19.67 increased. This increase remains consistent with Palm Beach $10 County overall, with rents still lower in Boynton Beach than in $5 other areas of the county. $0 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Boynton Beach 1 0-YearVacancy Trends 15(AII Retail) tai 12% RETAIL VACANCY IN BOYNTON BEACH 10% 88% GENERALLY DECLINED OVER THE PAST TEN $% YEARS AND REMAINS 6% RELATIVELY HEALTHY. 4% Boynton Beach experienced a slight uptick in the vacancy in 2020, likely 2% 2.6% spurred bytheCOVID-19pandemic 0% and remains consistent since. 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Source: CoStar(2022) Data Provided by FIU. Page 1311 of 1515 State of the Economy: Retoil BOYNTON BEACH RETAILERS PREDOMINANTLY SERVE CITY RESIDENTS BUT ALSO ATTRACT CUSTOMERS FROM THE SURROUNDING REGION. Based on third -party credit card spending data, approximately 57% of all retail customers in Boynton Beach reside within the city. 43% of retail customers are from outside Boynton Beach, predominantly from adjacent areas around West Palm Beach, Lake Worth Beach, Delray Beach, and Boca Raton. Boynton Beach's customer base is comprised of many retirees and working-class households, with over 70% of customers living in households that make under $75,000 per year. The age range of customers is relatively even across age groups, though customers skew compared to the greater MSA, with 27% of customers over the age of 65. Page 1312 of 1515 State of the Economy: Retoil THE COVID-19 PANDEMIC CAUSED A SEVERE DROP IN RETAIL SPENDING IN BOYNTON BEACH THROUGHOUT 2020. RETAIL SPENDING NOW MEETS OR SURPASSES PRE -PANDEMIC LEVELS. By April 2021, monthly sales figures began to exceed pre - pandemic revenue. By June 2021, sales were 25% above 2019 sales figures. This enhanced spending has continued throughout 2021, with sales figures 24-30% above 2019 levels. Notably, this growth also reflects the inflated prices of goods and services compared to 2019. Page 1313 of 1515 State of the Economy: Retoil WHY LOCATE IN BOYNTON BEACH THE CITY'S COMPETITIVE ADVANTAGES Bookend by rapidly growing West Palm Beach and luxury Boca Raton, Boynton Beach remains a pocket of affordability with connections to the region's affluent customer base and an economy that supports its neighborhood community. The city's retail landscape has untapped demand, as demonstrated by the city's retail leakage and outside customer growth potential. Committed to being an inclusive and business -friendly city home to many small and growing businesses, Boynton Beach's supportive allies and city staff work to say yes and welcome new businesses. Boynton Beach is filled with a range of opportunities. Locate in or nearby the city's shopping mall, within the city's walkable cultural district, or in your own home - there's a place for everyone in Boynton Beach. Page 1314 of 1515 State of the Economy: Boynton Beach Districts BOYNTON BEACH'S CITY FABRIC IS COMPRISED OF TEN MICRO—DISTRICTS PIECED TOGETHER AMONGST THE CITY'S RESIDENTIAL CHARACTER. The city has achieved significant progress in creating distinct identities amongst the districts, each playing a unique role in the city's economy now and in the future, shaping the experience of living, working, playing, and visiting in Boynton Beach. am.... ww�oo.........m ,V'('fai tl; ..... w II I'� k. c04 I1. C tiuhv Ihpk> 0 11 In i /i//N Flow, Ti et pie ; Page 1315 of 1515 ,.��F 1 lub State of the Economy: Boynton Beach Districts Page 1316 of 1515 Palm Beach County Market Rent Per Unit By Bedroom $4,000 Forecast $3,500 $3,000 $2,500 ",4 1 H � ""'A' B."d CoStar - © 2022 CoStzr Realty Information Inc. 2/8/2022 Page 1317 of 1515 Boynton Beach Market Asking Rent Per Unit By Bedroom $4,000 Forecast $3,500 $3,000 $2,500 CoStar - © 2022 CoStzr Realty Information Inc. 2/8/2022 Page 1318 of 1515 Boynton Beach Industrial Vacancy Rate Page 1319 of 1515 Boynton Beach Palm Beach County 2 2021 2 2021 Q2 2021 Q2 2021 Description Jobs ages Description obs Wages Computer Systems Design and 1651 $43,088,360 Management, Scientific, and 9424 $202,374,564 Related Services ethnical Consulting Services Management, Scientific, and 511 $9,394,473 Computer Systems Design and 6733 $171,686,366 Technical Consulting Services Related Services Architectural, Engineering, andrchitectural, 248 $4,685,567 Engineering, and 6521 $136,733,315' Related Services + Related Services Other Telecommunications 198 $5,395,365 Aerospace Product and Parts 3316 $83,670,935 Manufacturing Medical and Diagnostic 150 5 $1,722,135 Medical and Diagnostic 2592 $39,912,466 Laboratories laboratories Page 1320 of 1515 Boynton Beach Sector Establishments Employment Healthcare General medical and Surgical hospitals 2 2097 Offices of Physicians 182 1271 Offices of Dentists 82 607 Offices of Other Health Practitioners 108 427 Life Sciences Medical Equipment & Supplies 3 13 Scientific Research & Development 7 41 Marine Navigational, Measuring Instruments 4 129 Boat Dealers 5 13 Water Transportation Support 5 3 Distribution and Logistics Warehousing and Storage 3 269 Wholesale Trade and Brokerage 34 70 Distribution and Logistics 5 6 Manufacturing Printing and Related Activities 8 39 Architectural and Structural 'Metals 4 8 Navigational, Measuring, Electromedical and Control 4 129 Misc. Manufacturing 5 39 Aerospace Product and Parts 2 20 Financial Services and Hedge Funds Depositary Credit Intermediation 40 294 Nondepository Credit Intermediation 19 68 Activities Related to Credit. Intermediation 18 26 Managing Offices (Headquarters) 19 160 Securities and Commodity Contracts 20 26 Other Financial Investment Activities 34 51 Page 1322 of 1515 Page 1323 of 1515 Page 1324 of 1515 Page 1325 of 1515 WIM Unfinished Business 3/11/2022 Requested Action by Commission: Review procedures for naming a City building (Fire Station 1) following recommendation from the Historic Resources Preservation Board. Explanation of Request: On February 14, 2022 and as directed by the City Commission, the Historic Resources Preservation Board (NRPB) considered the request from Latosha Clemons to have Fire Station No. 1 named after her. After much discussion there was a consensus from the HRPB, that regardless of the merit behind, or warrants that support such recognition, the Board's scope of service and mission does not include the review criteria or subject matter that this request involves. The Board also recommends that the Commission establish the committee to be charged, in part, with the responsibilities described in the City's process for naming city facilities as adopted in the City's Code of Ordinances: Sec. 2-22. Policy for naming city facilities. (a) Purpose. The purpose of this policy is to establish a systematic and consistent approach for the official naming of streets, parks and recreational areas and other public facilities, buildings and rooms in buildings. (b) Objectives: (1) Ensure that streets parks, recreational areas and facilities, buildings and rooms in buildings are easily identified and located; (2) Ensure that given names to streets, parks, recreational areas, facilities, buildings and rooms in buildings are consistent with the values and character of the area or neighborhood served; (3) Encourage public participation in the naming, renaming and dedication of streets, parks, recreation areas, facilities, buildings and rooms in buildings; (4) Encourages the dedication of lands, facilities, or donations by individuals and/or groups; and (5) Encourages long term monetary sponsorship. (c) Definition. Facilities means parks, recreation areas, streets, buildings, rooms in buildings and other facilities, or parts thereof, which operate for the benefit of the public and includes all property under the city's ownership, administration or control including buildings, structures, open spaces, public parks, natural areas, wetlands, environmental habitat and land, or parts thereof. (d) Criteria. (1) The policy of the city is to name facilities through an adopted process utilizing established criteria emphasizing community values and character, local history, geography, environmental, civics, monetary support and service to the Boynton Beach community. (2) The following criteria shall be used in determining the appropriateness of the naming designation: a. Geographic location (neighborhood, significant areas, etc.); b. Natural features; c. A person or place of historical or cultural significance; d. A person, group, or feature particularly identified with the land or facility; or e. Commitment for monetary sponsorship. (3) The process to name facilities commences with a recommendation of the City Manager, Mayor or a City Commissioner that a city facility be named or renamed. (4) Conditions of property donation as agreed upon by the donor and the city shall be honored Page 1326 of 1515 regarding the naming of the facilities subject to these adopted policies. (5) Names that are similar to existing facilities in the city should not be considered in order to minimize confusion. (6) The city reserves the right to change the name to maintain consistency with these policies. (e) Procedure. (1) Naming or renaming of facilities. a. A request for naming of a facility shall be initiated by a request by the City Manager to the City Commission or by request of any member of the City Commission through the City Manager. b. City staff as designated by the City Manager will review the proposal for adherence to the stated criteria and authentication of statements relative to contributions in the case of an individual before forwarding to an advisory committee of five (5) persons appointed by the City Commission. c. The advisory committee shall review the proposed naming or renaming and will offer the opportunity for public input on the proposed naming. d. The advisory committee shall forward their recommendation to the City Commission for final decision. (2) Renaming of parks, recreation areas, facilities, buildings and rooms in buildings. Renaming of facilities carries with it a much greater burden of process compared to initial naming. Tradition and continuity of name and community identification are important community values. Each suggestion or request for renaming must meet the criteria in this policy, but meeting all criteria does not ensure renaming. (Ord. No. 06-078, § 2, 10-17-06) The most recent instance where this process was followed was naming Kapok Park, Centennial Park and the Arts & Cultural Center. City staff reviewed the proposed names for adherence to the stated criteria and on November 4, 2020, the City Commission authorized staff's recommendations to be sent to the Recreation & Parks Advisory Board. On December 7, 2020, the Recreation & Parks Advisory Board approved the names, which was given final approval by the City Commission on December 15, 2020. The City Code differentiates between initial naming of a facility versus renaming an already named facility and places increased analysis on naming a facility after a person. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Page 1327 of 1515 Type AttacftrTIENI'lt Ag ir'E�'E) rTIE) II'l t Description IREqLAE)St aind SLAirnirnary of IMs, CE)irnoin' ac li EWE) rTIE) II'l tS SE)ttblirTIENI'lt& IRE)�baSE�, Agir'E)E)irTIE)l['It Page 1328 of 1515 January 31, 2022 To The Governing Body: Mayor Steven B. Grant Vice Mayor Woodrow Hay Commissioner Justin Katz Commissioner Christina Romelus Commissioner Ty Penserga I would like to take the opportunity to thank the mayor and the commission for considering and recognizing myself as a Legacy Leader in the City of Boynton Beach. I am honored, grateful and humbled to have my name be in recognition of such an honor I became aware of this recognition and would like to share my background not only with regards to my employment with the City of Boynton Beach but my upbringing and how I even reached such a level to have such a prestigious honor presented for your approval. This recognition is much bigger than me. If you took a glimpse at Latosha Clemons, you would notice her humble beginnings, born and raised in Boynton Beach, specifically, Cherry Hill a place known for low socio-economic residents and during my youth, drug and pre -teen trauma inflicted circumstances. Based on the statistics, the odds were against me, yet, with the love and support of family, coaches, friends, and Former Chief Floyd Jordan, I became the First Black Female Firefighter in Boynton Beach. To date, there are 10 Black Female Fire Chiefs in the United States, although we have been instrumental in the Fire Service, our faces are not seen and many of us continue to face challenges every day. Having an Orchard Garden named after me is quite an honor, and having Latosha Clemons on the Fire Station, "that" would have even a greater impact as it would represent strength, perseverance, honor, and triumph. My name on the building would not only represent my accomplishments, but for those young girls looking at the possibility of ever becoming a Firefighter as a career path to model. Having my name on the Fire Station, is a statement of hope. Phone : (561) 436-50929 E -Mail : Iclemons134@gmail.com Page 1329 of 1515 I would be honored to have the Orchard Garden named after me, but I feel a more fitting venue would be the fire station as I was the first African American female firefighter hired by the city, the first Lieutenant, the first Captain, the first Battalion Chief and the first Deputy Chief. Today, the American Fire service is still only 4% female, many young girls still do not know that a female can become a firefighter and with hard work and dedication, a Chief. Having my name (and Picture) represented will give hope to all girls who see this and realize that they too can dream of becoming a firefighter and serving the city. Who am I? I am Latosha Denise Clemons, a 48 -year-old female who was born and raised in the great City of Boynton Beach. My entire family, including both parents were also born and raised in Boynton Beach. Many of my family still reside in the city. I had quite an interesting childhood. My parents like many parents did the best they could to be good parents but faced challenges. During my younger years, I faced my own set of challenges like many others have. However, I attended school every day, from Rolling Green Elementary, Congress Middle and graduating from Santaluces High School in 1991. Yet, I did not do this alone. Along the way I had many mentors and concerned people watching out for me, looking back, I am so grateful for people like Mrs. Carolyn Sims and Mr. Clyde Harris, who played an integral role during my teenage years. To this day, I still recall my swimming lessons at the Wilson now Denson Pool with Mr. John Denson, where I spent most of my teenage years, attending the Wilson Center now the Carolyn Sims Center, I was able to become a camp counselor, you see at the time I didn't realize that this was allowing me to give back to my great community and help influence young members of the community. I spent many hours with Mrs. Sims who became like a mother to me and many others in the community. I aspired to play softball, since my mother had played the sport. Mr. Harris challenged me to gather ten girls so that he could coach his "first" ever girls' softball team and I accomplished that within 24 hours. You see even without realizing it at the time I was meant to lead and inspire. As I mentioned, I played softball in high school. After playing high school softball, I received a two-year softball scholarship to attend Santa Fe Community College in Gainesville Florida where I had the best two years of my life. However, financially, life took a turn and I had to come back home to find other opportunities. Again, thank God for Mrs. Sims for helping me obtain employment with the city in the Recreation Department as a Counselor and Latch Key Teacher at Rolling Green Elementary, the Phone : (561) 436-50929 E -Mail : Iclemons134@gmail.com Page 1330 of 1515 same school I had attended as a young child. I always enjoyed working with children and this was my opportunity to do so. Moving forward, the City of Boynton Beach had hired the First Black Fire Chief, Mr. Floyd Jordan, and I was encouraged at some point to meet with him to discuss the career as a firefighter. Me. Latosha Clemons all 5 feet 1 inch. It was one of the best decisions of my life. Chief Jordan wrote me a recommendation Letter to attend the South Tech Fire Academy. After graduating from Fire School and completing Emergency Medical Training (EMT), I was blessed to be hired with the City of Boynton Beach Fire Department in 1996, my home city fire department. Looking back, a girl from Cherry Hill, now with an opportunity that no one in my family ever had, more importantly, a Black Women. As I mentioned no Black female had ever been hired with the Boynton Beach Fire Department making me the first, the first of many firsts in my career with Boynton Beach Fire Rescue. I did not know how significant that was at the time but as time went on and I began taking Organization and Professionally Development classes, I learned the impact that this had for many to see. I did my best to serve the city well, always trying to dodge the pitfalls and there were many. I always strived to represent the city in a positive light. I understood the importance of Community involvement and community service early and I brought that passion and energy with me. I attended numerous Community and City Events. Volunteering my time at all levels. I put myself on display as Sparky at the Public Safety Events, built homes with Habitat for Humanity, cleaned, picked up trash and painted homes for MLK Service Day. I also served on the MLK Committee and was honored to be appointed the Vice President by Mr. Norwood, While partnering with Mr. Frank Ireland and the recreation department I was instrumental in implementing the first ever Junior Fire Academy as well as re -igniting the Explores program with (Lieutenant Greg Jackson). I was Chief Advisor of the Explorers Program. I had oversight of the "first" ever Recruitment and Diversity Program implemented by Former Chief William Bingham. This program was intended to recruit diverse members to the department to represent the communities we serve. I was instrumental as a panelist of the hiring committee to ensure representation at all levels. I coached, counseled, and mentored many aspiring firefighters, "internally and externally". With the Boynton Beach Fire Department, I was Promoted through the ranks. I always placed a high value on education and professional development and because of this and my hard work and dedication to the profession and the city of Boynton Beach I Phone : (561) 436-50929 E -Mail : Iclemons134@gmail.com Page 1331 of 1515 placed in the in the top three (3) from Probation to Lieutenant, Captain and Battalion Chief. I was then promoted to Deputy Chief. The City of Boynton was my dream department and designation. There was not a thing that I would not have done to have the department and the city become a world class department. I upheld the vision, mission, and the values of the department while on duty as well as off duty. The values of the Fire Department are what I live by "Diversity, Integrity, Stewardship and Creativity." If you would ask any former or current members of the department, they would tell you that I always treated everyone with dignity and respect. Whether I was responding to an emergency incident, dealing with a citizen or the deputy chief dealing with members of the council and mayor I did so with the upmost respect. I was proud to put on my uniform to represent the city of Boynton Beach. It is many firefighters dream to be able to work for the city that they grew up in and call home. I was blessed to have the opportunity to be hired by not only my hometown city but the city that helped raise me and make me the person I am, today. I am asking that you all realize the impact that I have had not only in the fire department but the city and that you all truly consider change of venue to name the fire station after me, Latosha Clemons. Again, I am truly honored and grateful for even being considered. My heart will always be in Boynton Beach, and it will lead me back to Boynton Beach. Before I left the city, I had stated that I wished to start a girl's fire camp and it is still my passion to do so. Having the station named after me would allow young girls to aspire to dream to be the best person they can be and that the career of a firefighter is attainable. I have worked hard to obtain the position I am in today. As I mentioned I have not done this alone, I have had many great mentors along the way, and I am forever grateful for them. Sincerely, Latosha Clemons Phone : (561) 436-5092• E -Mail : Iclemons134@gmail.com Page 1332 of 1515 Attachment: Accomplishments and Community Service as a Boynton Beach Fire Rescue member - 2004 Save of 3 -year-old Jake King son of Mr. Brian Edwards (my Inspiration) to serve - 1998 Black Awareness Parade - Car Seat Tech for Boynton Residents - Influenza Vaccinations for Boynton Residents - Muscular Dystrophy Supporter for Boynton Beach - Provided Holiday Cheer to families at The Lords Place Boynton Beach - 2000 Employee of the Month - 2004 Employee of the Month - 2015 Employee of the Year - 2012 Fire Chiefs Value Award - 2015 Kiwanis Club Firefighter of the Year - 2015 Masonic Lodge Public Safety Award - 2013 Letter of congratulations from Former Congressman Alcee Hastings - 2004 Letter of Congratulations from Palm Beach County Commissioner Addie Green - 2020 Greater St Paul AME Church African American Trailblazer Award - 2018 Greater St Paul AME Church Selfless Service Award Page 1333 of 1515 1600 North Australian Avenue, West Palm Beach, Florida 33407-5621 (561)833-3113 • Fax(561)659-4505 FOUNDER BREAK THE SICKLE CYCLE Eva W. Mack HELP FIND A CURE FOR SICKLE CELL DISEASE. March 28, 1997 James Ness Acting Fire Chief Boynton Beach Fire Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Mr. Ness: h~G��CEL j� cn d � � Y0 N01:11 PRESIDENT Charlie B. Hudnell We are pleased to announce that the Sickle Cell Disease Association of America, Palm Beach County Chapter, Inc. will recognize the following members of the 3oypton Beach Fire Department -- Latasha Clemons and Roderick, Nance -- for their dedicated fundraising service during our annual Radiothon in 1996. This recognition will occur during our 1997Annual tuncheQn,, on.:. April 26, ;1997,` at the Sheraton West Palm Beach Hotel. The Luncheon theme is "Together we can make a world of difference". Freddie Stebbins Jefferson, Palm Beach Post Columnist and member of the Editorial Board is our Keynote Speaker. The Palm Beach Chapter Inc., SCDAA, a 501(c)(3) corporation, chartered in 1979, is dedicated to providing education and assistance to those affected by Sickle Cell disease (an inherited blood disorder) and their families. We invite you to join us in this most important annual program. It is with the continued help of concerned individuals that enables Sickle Cell patients to develop the strength and ability to live longer and add quality to their daily lives. Sincerely, Charlie B. Hudnell President cc: Latasha Clemons Roderick Nance Lydia R. Patterson Executive Director CHILDRENS SERVICES CMNCIL a� HEALTHY PAI MREM HCOLIN1Y STA A R 1 COMMUNITY FOUNDATION FOR PALM.... ---...... M A IN COBEACH AND U ..m.., _ _ �194-of-1.. 15 2n O n(D�0,4 4 c't�y CL CDC OD �w ( ¢�b� O'Om ' CAO�P0 ON CD v a'►�w►+.�f�D dQ,dfp . 0 �y�(~p F� Uri ►� ► F+� ob cb A7 �' p,o( rA�' CD CD CD ° �xn a � Cap 0 z in;El' �r por� 5 �d0 ° n � CD �►q'r?' n CD a, En CCD �s Q. Br �s &WW4 (D � �: O � n ��.' � 91, O fD ° o o p>ca w bnG' @°Av,O woa`01N-n YyYy = r M CDD O ' r. �o *aro x rL ID^°'rn m oCO h Fr m CD nEn i; A-0 O Y CD Qp, T o TI 3 '* cDmmID °�'� wfly 0 D _° n ' O rn rD G N�,fD rN+ no m o � a?5 n 11 E O r W OC F •, Page 1335 of 1515 IAFF Local #1891, Collects $14,516 during Fill the Boot for MDA Thank, You Boynton Page 1336 of 1515 " "er I � i°cul Business" " �� i�� C i t��d�i'°��O Be��C Deforis INNIalker Sari F.ha IIID ao Principal May 19, 1999 Chief Bill Bingham 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Chief Bingham, This letter is in appreciation of Fire Fighter Latosha Clemons. On May 7, 1999, Ms. Clemons came to Westward Elementary School to speak to 100 kindergarten students in recognition of Career Week. Ms. Clemons spoke to the students about the fire fighting profession, as well as, fire safety prevention. She spoke to the kindergarten students on a level they could understand. She was very energetic and informative. Ms. Clemons showed the students some of the equipment and gear a fire fighter uses. She allowed time for the students to ask any questions they may have. The children thoroughly enjoyed Fire Fighter Clemons visit. On behalf of the kindergarten teachers and students at Westward Elementary School, I would like to offer our sincere thanks to Ms. Latosha Clemons for taking the time out of her busy schedule to take part in our annual Career Week. Sincerely, tea_ed Julie A. Rainey Page 1337 of 1515 SANTALUCES COMMUNITY HIGH SCHOOL 6880 Lawrence; Road Lantana, Florida 33462 William Gulbrandsen, Training Officer Boynton Beach Fire Rescue P.O. Box 310 Boynton Beach, Florida 33425-0310 Dear Officer Gulbrandsen: On Wednesday, October 8, one of your firefighters, Miss LaTosha Clemmons visited our classroom and put on a superb presentation. She was extremely articulate and enthusiastic about her profession. She kept the attention of our students for a full hour and a half! This is a remarkable feat! She explained how she became interested in being a firefighter and ghat it entails to be one, she also showed a wonderful video, and answered all our questions. Miss Clemmons .s a definite asset to your department, she is extremely professional and proud to be a part of the Boynton Beach Fire Rescue. Thank you for allowing her to talk to our class; we enjoyed it immensely. Sincerely, Dwayne Kouf and Jennifer Lesh ESE Teachers, Santaluces H.S. Page 1338 of 1515 The City of Boynton Beach FL N William L. Bingham, Fire Chief CoDirector of Fire and Emergency Medical Services Boynton Beach Fire Rescue Department100 E B nton Beach Boulevard Boynton Beach, Florida 33435 Phone: (561) 742-6333 FAX (561) 742-6334 E-mail. binghamb&t.boynton-beach,ff.us July 16, 2004 TO: Lieutenant Latosha Clemons SUBJECT: Employee of the Month—March 2004 It is with respect that I inform you that the Labor Management Committee has selected you as the Boynton Beach Fire Rescue Department Employee of the Month for March 2004. This decision was made as a result of your dedication to the department and for your contribution in providing an exceptional Post -Incident Analysis of a boat fire that occurred at the Boynton Marina. While not an office at the time, you were tasked by your Battalion Chief with this responsibility to gain experience as part of ongoing employee development. According to a commendation letter sent by Battalion Chief Starkoski, you "did a commendable job. (Your) PIA was accurate, well researched, and conducted professionally, including a complete Powerpoint presentation. (Your) handling of this task showed initiative and creativity." It is noted that this is generally an Officer's responsibility. It must also be noted that PTA's are critical to the success of future operations and to quality assurance standards, as well as a critical component of the future safety of our brothers and sisters. You are to be complimented for a job well done. Staff concurs with this recommendation and is pleased with the job you do and with the projects for which you are involved. This award represents your coniinuea diligence, which emphasizes your vaiue to ihe deparbneni and iu ii ie City of Boynton Beach. On behalf of the Department and the Labor Management Committee, please accept my sincerest congratulations on being selected as Employee of the Month. We hope that you and your family will join us at the Awards Ceremony in January 2005. Respectfully,' JN William L. Bingham Fire Chief cc. file Page 1339 of 1515 ;I II in J. rl nu 0 Mi M loom MOM rS4albf'l"51 5 m n m �t c m n O 3 N O m r o .i m z O rn r ,t, Z �1 O v Y l z O m Page 1341 of 1 515 *1 � a Page 1342 0 1515 LCE L. HASTINGS PLEASE RESPOND T0: 20TH CONGRESSIONAL DISTRICT FLORIDA ❑ 2353 RAYBURN BUILDING WASHINGTON, DC 20515-0923 COMMITTEE ON RULES TELEPHONE: (202) 225-1313 ° fl rf �a7✓mri q "f�!'U'�^lfh o p ;� FAX: (202) 225-1171 I ffo�tf�r/� � ��f' �✓a�ftry � fw��'�" t� du UNITED STATES I ,rr,��f " f ❑ HELSINKI COMMISSION %�d� " u��µ ��i%1I�I 2701 W. OAKLAND PARK BOULEVARD I A �" urs RANKING DEMOCRATIC MEMBER f��f "UaprlG i�i1 a , SUITE 200 FT. LAUDERDALE, FL 33311 iffy/�% ii �,�%� I ,� TELEPHONE: (9541733-2800 FLORIDA DELEGATION d Lif - FAX: 1954) 735-9444 CO-CHAIRMAN SENIOR DEMOCRATIC WHIP / V npress of� #t ater www.alceehestings.house.gov lVasifilloton IN 20515-0-923 1 April 5, 2013 Ms. Latasha Clemons Boynton Beach Fire -Rescue 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Ms. Clemons: Congratulations on receiving the fire chief s values award from Boynton Beach Fire - Rescue. I know how pleased your family, friends and fellow employees are by your award, and I share their joy. It is heartening to know that someone with your talents is working here in Palm Beach County. Everyone in your community appreciates your hard work and dedication. You are an excellent role model, especially for young people. You are the kind of person to whom everyone can point with respect and admiration. I'm sure I will be hearing more great things about you in the future. Congratulations again, Ms. Clemons. Keep up the great work. I'm proud of you! Alcee L. Hastings Member of Congress PRINTED ON RECYCLED PAPER Page 1343 of 1515 PA1 FT IWAYS T(,--) IIROSR[�!'IRITY 970, N, Seacii'est Blvd BaVnUxi Beach, FIII 33435 Rhaii ie61,740.993 7 Fax: 561.735-4504 www.p2pp[Ac,oiig ffim,d Members August 31, 2016 Revia Lee The Boynton Beach Fite Department Pvvsident Battalion Chief Latosha Clemons 100 East Boynton Beach Blvd Esqtdre Vice llin-Admt Boynton Beach, FL 33435 Oct'llida Bell Trvasisrer Dear Chief Clemons, Riby Allen Director ch for the support of the oynton ach Fire On behalf of Path:ways to Prosperity, we are, very ting: BBe kudivv DaVIS ffinxt� , tr Department. Your presence and participation in our 2016 Bach to School Health Fair mearus som.uch.. the lives of child, parents and T we are able to have a positive and meaningffil impact in ren Mar� Karageargeogether families in our community. Director Dr. Tixnath'N' K6611 I - .de backpacks filled with schooll supplies, haifCuis, FG, ee past eight years we have beera able to pro -OR Director physicals, dental and vision screerdngs and uniforms. As you are aware, these are just the basics that Dr. Barlilara Shia, Director can assist our children with a strong start for a successful school year. We feel that the better equipped they are to start the school year will increase the assurance of successfully completing the DeAnna Warrtffl Director year, Kentherly Misht, ma a.aanaa afi 7 ma mesa hd Since its inception, Pr Pathways to 'ospen. , s been an integral part in improving the social, mental, spiritual, economic and. emotional well-being of children and families in the community. Each. year we continue. to make great strides toward improving those outcomes through educational programs and an array.of social services. As you can see, your presence is essential and the part you play will benefit any families and have a far reaching impact on our community. Thank you again for your participation! SincerelY, ]Kembe' 'Sush, Executive 1.r ;tor Pathways to I-IrosI,.)erity A, COPYM',,[1) VOIJAPX�JAL J'I,T,(flR'bAA FJON IINAA V B11" OBTAINIED H,4 OMFFHT' DIVISICA',,4 OF X CON"'SIONI 111)?' Sy"IR"VICES 13), ("A 011, FR,,, EF (80U) 435 7352 WITIJTT,! 11 HE', SI A13 1:' FIIII F(31S I,'RATN )N ) )OF"S NPL"T' APPROVAL, OR, 11 Page 1344 of 1515 15 April 4, 2016 Latosha Clemons Battalion Chief P. O. Box 243126 Boynton Beach, FL 33424 Re: Glass Ceiling Award Dear Chief Clemons: The Delta Cultural Education and Service Foundation, Inc. in conjunction with Delta Sigma Theta Sorority, Inc. South Palm Beach County Alumnae Chapter has been serving South Palm Beach County for the past 30 years by providing community support and scholarships to deserving teens that desire to attend college. Our goal has been to implement initiatives and programs that advance and positively impact the community. This year we are introducing our Inaugural Mother and Daughter Luncheon, where we will honor outstanding women and organizations. The Glass Ceiling Award will showcase women and organizations that have broken barriers and improved the quality of life for residents in the South Palm Beach County area. It is with great please to inform you that at Battalion Chief Latosha Clemons has been nominated for the 2016 Glass Ceiling Award in the area of Leadership. In recognition of your outstanding and tireless efforts in promoting and encouraging firefighters to give their best for a successful career. We hope you will be able to join us on Saturday, April 30th 12:00pm at Benenutos Restaurant. Enclosed is a complimentary ticket for you or a representative. Please let us know if you are able to attend. Additional tickets are available for purchase. If you have questions, feel free to contact Rhonda Mack -Rogers at the information listed below. Congratulations, J amm* J fiamaa-anMon* Chapter President Shea . o66 Foundation President J`2Pranda ./Y a&-✓`lagm Luncheon Chairperson Info @ sopal m beachdst.com 561-312-0539 Delta Sigma Theta Sorority, Inc. South Palm Beach County Alumnae Chapter P. O. Box 243825 Boynton Beach, FL 33424 www.sopalmbeachdst.com info@sopalmbeachdst.com Page 1346 of 1515 MLK, Jr. Committee ................ - MEMO=• Eamm= rmpw��ME4 ffmm�iA I would like to express my appreciation and commend you for your assistance, expertise and guidance rendered during this year's City of Boynton Beach 2015 Martin Luther King, Jr. (MLK) King Celebration. Thanks to your "can do attitude", residents and city officials are still talking about this year's 2015 MLK Commemorative events that included the Parade, Unity Prayer Program, Commemorative Banquet and Painting of a senior citizen home. On behalf of the members of the MLK Planning Committee, I want to THANK YOU for the magnificent job you did ensuring the success of all of this year's events. We know that you are a busy person with many responsibilities, yet you took time from your other obligations and family, to assist in the planning of the four (4) MLK Your hard work. commitment and willinM-ess togo begond the call of duty will have a great impact on all future celebrations. Enclosed is a Certificate of Appreciation as a token of our gratitude for your participation. Again, many THANKS to you, and we look forward to your continued support and participation in our 2016 MLK celebration events. Sincerely X. wL-Z N. Michael Norwood Committee Chairman Page 1347 of 1515 ea ; ro , 1 1�r� .rr DR^' ea ; r•� Page 1349 of 1515 Roman & Cathleen Hohil 109 E. Melrose Street Valley Stream, NY 11580 and 5500 Old Ocean Blvd., Apt. 204 Ocean Ridge, FL 33435 April 23, 2013 Captain Lotosha Clemons Boynton Beach Station # 4 City of Boynton Beach Blvd. 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Public Assist -Monday, April 15, 2013 Public Assist -Thursday„ Aaril „_ 1 18 2013 Dear Captain Clemons: I am writing to express our family's appreciation to the members of the Boynton Beach Fire Department and its EMS Division for its support in assisting our family in time of need and also to the Ocean Ridge Police Department for their assistance. My mother-in-law, Lydia Mysiuk (who is almost 85) resides in Sterling Village on Federal Highway in Boynton Beach. She cannot walk without the aid of a walker or a transport chair. In late March she was informed by her condominium association that the building she resides in was to be tented for termites and she would need to vacate for three days. She advised my husband (her son—she remarried) that she would need to evacuate the building for this time period. As our family has a residence in Ocean Ridge she would of course stay at our home. This was, as the saying goes, easier said than done. Mom lives on the second floor of a building at Sterling Village with an elevator. In Ocean Ridge we live on the second floor of a building which does not have an elevator. Hence the problem. I made numerous calls to find out who could assist us in getting Mom up to our apartment. I contacted the Ocean Ridge Town Hall, who directed my call to the Ocean Ridge Police Department. They in turn recommended the Boynton Beach Fire Department. I was put in contact with an assistant to Michael Landress the BBFD/EMS Coordinator and I explained the situation to her who advised me that Mr. Landress would return my call. Being from New York I expected to wait maybe a day or two for his call but Mr. Landress called me back the same day even after normal business hours. I advised Mr. Landress of our predicament and he provided me the necessary phone numbers to call when the time came. I asked if I could make an "appointment" and Mr. Landress said Public Assist is not on an "appointment" basis and emergencies always come first. We transported Mom from Sterling Village to Ocean Ridge on Monday, April 15, 2013 then made the call to the BBFD. Frankly, I had trepidations, a jaded New Yorker, but I was proven wrong. Within minutes the ORPD had a squad car on premises just to be sure this was not an emergency. We had Mom out of our car by this time and balancing on the tri -walker. To my surprise the BBFD arrived with a hook and ladder truck. In New York one gets a van type EMS vehicle not the "big guns". Captain Clemons, you and the two team members with you transported Mom upstairs within minutes and the Page 1350 of 1515 Captain Lotosha Clemons - 2 - April 23, 2013 kindness and caring that you and your team showed to Mom put her at ease and the calming affect on her can't be put into words. I mentioned to Capt. Clemons that this would need to be repeated on Thursday, April 18' and she and her team advised me to follow the same procedure. Thursday, April 18'x' came and we did the reverse. This time ORPD sent two squad cars to make sure of nothing unexpected. One Officer then left and one remained to make sure all was in order. Once again the BBFD/EMS, while a different team, proved to be the most caring of individuals and got Mom from the second floor to the first. As much as people complain about taxes, this is clearly what our tax dollar does and attached is a token of our appreciation. We also thank the Ocean Ridge Police Department, our annual contribution having previously been sent. Lastly, as one can't always get the names of those who serve, if a copy of this letter can be placed in the personnel files for Capt. Clemons and each of her team on duty on April 15' and April 18''', and for the three Ocean Ridge Police Officers on duty during those morning hours, they should all be commended for the work they did and continue to do. Respectfully submitted, Cathleen M. Hohil cmh Attachment cc: Mr. Michael Landress—EMS Coordinator City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Fire Chief Ray Carter - Director of Fire and Medical Emergency Services City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Gregg Hoggatt - Deputy Fire Chief of Operations City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Police Chief Christopher Yannuzzi, Town of Ocean Ridge 6450 North Ocean Bld. Ocean Ridge, F133435 Page 1351 of 1515 February 18, 2004 Boynton Beach Fire Rescue Attn: Paramedic LaTosha Clemmons 100 E. Boynton Beach Blvd Boynton Beach, Fl 33435 ,[)ear i sa ros The story of Jake King was indeed a holiday miracle. The Drowning Prevention Coalition of Palm Beach County and Commissioner Warren H. Newell would like to thank you for attending the Board of County Commissioners meeting on February 3, 2004. Your organization's efforts contributed significantly to Jake's amazing recovery. The Drowning Prevention Coalition of Palm Beach County is a community-based organization that exists to prevent drowning, and near drowning and other water -related incidents through educational efforts, and enhanced accessibility to water safety services. The need for drowning prevention is evident, given that in 2002 the Florida Department of Health ranked Palm Beach County third in the state for drowning and submersion deaths. In order to change this statistic, the Drowning Prevention Coalition of Palm Beach County, and Commissioner Newell appreciate partnerships with organizations such as the Boynton Beach Fire Rescue to achieve the goal of ZERO DROWNINGS. Thank you for your ongoing support. Sincerely, w� a as Plotkin...... ..,----------- Coordinator Warren H. Newell Board of County "ommissi District III. The halm Beach Crum y Droavning Prevention Coalition is collaborative1v supported bY. The Palm Beach C'ounry Board of'(."ouni'y, C"a:rrr mi,s.sioners, C'hildren'.s �Ser�ria;•e�s• Council gf'Palm leach C'oun4,.. The Health Care District elf Palm Beach C ounn,, Palm Beach CoaenlY rire Rescue and the Qa avium roundation. Page 1352 of 1515 ADDLE L. GREENE Commissioner, District Vu Lieutenant Latosha Clemons City of Boynton Beach Fire Department 100 East Boynton Beach Blvd. P.O, Box 310 Boynton Beach, Fl 33425 Palm Beach County Dear Lieutenant Clemons: Board of County Commissioners Governmental Center, 121 Floor 301 North Olive Avenue On August 14, 2004, I read in the Palm Beach Post of your promotion West Palm Beach, Florida 33401 to Lieutenant in the Boynton Beach Fire Department. What an (561) 355-2207 Fax: (561) 355-6332 outstanding and most deserved promotion for someone who deserves it! Congratulations for being the first woman to break their glass ceiling! Your scholastic ability earned you this position. I don't look at South Office: you as a first for African American female; I look at your promotion Southeast County Complex for ALL women of Palm Beach County! 345 Congress Avenue Delray Beach, Florida 33445 (561) 276-1350 You no longer have to keep Chief Delsa Bush's picture as your role Fax: (561) 276-1366 model. You have joined the ranks of Chief Bush as one of the top most role models of ALL women! agreene@co.palm-beach.fl.us May you continue this upward climb until you make the statement of becoming The First Female Fire Chid oTheGreat Cid= o BolFnton Beach!, come true. You are proof to All that hard work, no matter what sexual preference or racial orientation, ends in success. Again congratulations from my staff and me. Sincerely, (oun0&omm—Ci's`sioner Addie L. Greene Cc: Chief Delsa Bush Enc: (1) Article "An Equal opportunity Affirmative Action Employer" W Page 1353 Of 1515 printed on recycled paper Ln Li w I- zi z Im w 0 z w U.Im Ln 0 OC a CL C3 ZE ui LL 2! W Lu 0 U Li > W 0 z N LU ui X Li 0 X 1-- 4 im LU w U LL, C3 LLI 2! LL u ton w 0 Ln CL w LL Ull0 us memo >- P- 0 ImMilill m 0 0 LLj�� X 4c LU LL W fu 0 0 tu Im >. I - w0 W 0 2t mi RAJ L3 am, 1.7 0 0 x 99 La x CL F-- 0 1- >- Im W phi Im 0 LL 0 GENERAL RELEASE KNOW ALL MEN BY THESE PRESENTS That LATOSHA CLEMONS, for and in consideration for the payment of One Hundred Thousand and 00/100 Dollars ($100,000.00) (hereinafter described as "the Settlement Funds"), from THE CITY OF BOYNTON BEACH, FLORIDA ("City") to the Claimant, the receipt and sufficiency whereof is hereby acknowledged, hereby remise, release, acquit, satisfy, and forever discharge THE CITY OF BOYNTON BEACH, FLORIDA and its current and former elected officials, appointed officials, agents, contractors, employees, attorneys, predecessors, successors, and assigns, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, liens, assessments, executions, losses, attorneys' fees, court costs, expenses, claims and demands whatsoever, in law or in equity, which LATOSHA CLEMONS ever had, now has, hereafter can, shall or may have, against THE CITY OF BOYNTON BEACH, FLORIDA and its current and former elected officials, appointed officials, agents, contractors, employees, attorneys, predecessors, successors, and assigns, for, upon or by reason of any matter, cause or thing whatsoever, known or unknown, fixed or contingent, matured or un -matured from the beginning of the world to the day of these presents that have been raised, or could have been raised, including but not limited to that certain lawsuit filed currently pending in the Circuit Court of Fifteenth Judicial Circuit, In and For Palm Beach County, Florida, styled: LATOSHA CLEMONS, Claimant v. CITY OF BOYNTONBEACH, Defendant, Case No.: 50 2021CA004638XXXXMB AE ("Lawsuit"), and the charge filed by Claimant against the City with the U.S. Equal Employment Opportunity Commission, Charge No.: 15M2020-0056 ("EEOC Charge") The Claimant acknowledges that the payment of the consideration set forth above is a full 100474167.6 306-99054981 Page 1355 of 1515 and final settlement of this matter and is the compromise of a doubtful or disputed claim or claims and that the settlement is offered solely for economic reasons. The Claimant acknowledges that payment is not to be construed as an admission of liability on the part of the City and/or its current and former employees, agents, officers, insurance company, and/or commissioners in the Lawsuit. The City expressly denies any liability and has authorized this settlement with the undersigned to buy its peace and release. It is expressly stated herein that the Claimant has not been influenced in any manner or to any extent in making this General Release by representations or statements of the persons and/or parties hereby released or by any attorney representing any of them. To secure this settlement and payment of the aforesaid consideration, the undersigned declares that she has fully relied upon her own judgment, belief and knowledge as to the extent of any damages. The Claimant expressly states herein that she understands that her damages alleged in the Lawsuit may be continuing in nature. The Claimant expressly states herein that she intends by the execution of this General Release to release the City and its current and former employees, agents, officers, insurance company, and/or commissioners from all claims including but not limited to claims related to the incident described in the Lawsuit and the incident described in the EEOC Charge; and from all economic and non -economic damages regardless of their continuing nature. Claimant has had the benefit of her own counsel and fully understands the terms of this General Release and is making a fully and final settlement and resolution of all claims of every nature against the persons, parties, insurance company and entities released in connection with this General Release. Upon receipt and clearance of the Settlement Funds, the Claimant, or her attorney(s) at her direction agrees to execute and file a Stipulation of Dismissal with Prejudice of the Lawsuit, 100474167.6 306-99054981 Page 1356 of 1515 providing that the case against the City is dismissed with prejudice, and that each party is to bear its own attorneys' fees and costs. This General Release shall be governed in accordance with Florida law and may not be construed against any party or entity as the drafter. It is expressly stated herein that the undersigned has carefully read and full this General Release and understands the contents herein and signs the same of her own free act. This General Release is irrevocable once signed and delivered to the City. IN WITNESS WHEREOF, Claimant, Latosha Clemons has set here onto her hand this day of O*b-el- 2021. Signed, sealed and delivered in the presence of. 'moral Print Nime STATE OF-I�nj� - )ss: COUNTY OF WA U 6 coup Signature The foregoing instrument was acknowledged before this)-7tay of 00fi 2021, by Latosha Clemons, who pro me Is V -V n4ft3 UORWAW* An ipmoo VoH*o13GWWX"W4UVJ So I -- 00010� MU74167.6 306 9305441) Print or Type Name: Ma P�rmiznkb AA .1--2 My Commission Expires: yomy - Page 1357 of 151, 12.A. Legal 3/11/2022 Requested Action by Commission: Presentation of redistricting alternatives by Florida Atlantic University (FAU) and establishment of boundaries for inclusion in Ordinance. Explanation of Request: The City of Boynton Beach contracted with Florida Atlantic University (FAU) to conduct an analysis of its City Commission election districts. The attached Consultant Report provides an analysis of the current districts population balance and preparation of alternative district options to achieve better population equity across districts. The report includes a general analysis of the 2020 U.S. Census apportionment dataset (see Appendix) as well as a population analysis of the existing City Commission districts adjusted for future growth, as requested by city staff, to the year 2023. This analysis indicates a need to proceed with redistricting. FAU offers four redistricting map options (Alternatives 1 through 4). The districting requirements in the City Charter are consistent with generally accepted standard practice, legal rulings and guidelines that emanate from the 1965 Voting Rights Act as well as its Amendments. Per Article 1, Section 3 of the City Charter: "Geographic boundaries for each voting district shall be designated, prepared and identified, commencing ninety (90) days after the 2020 Census report is published, and every ten (10) years thereafter, by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The principal of non-discrimination and one man/one vote shall be adhered to strictly. " Once the City Commission establishes new boundaries by accepting recommendations from FAU an Ordinance will be prepared for a future Commission agenda. How will this affect city programs or services? The four alternatives seek a balance across all the redistricting criteria: population balance, compactness, contiguity and maintaining the integrity of communities. Fiscal Impact: N/A Alternatives: Redistricting is required by City Charter. Strategic Plan: Strategic Plan Application: Page 1358 of 1515 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AttacftrTIENI'lt D AttacNrTIENI'lt Description 1:::::AL.) COIIISLARaintIRE)�poirt: IIREdistrlictiir gAtE)rinatives REdistrictiingAtE)rinativesFlow(..�,irFloiint Flir'E)SE)intatioin Iby F::AL.) Page 1359 of 1515 Aller"iriatives t'll,e City of"Boyrftlon Beach February 1, 2022 lod n S r J, I "J j j h j f Y f I (i J, 2j 0 J f J I (A ol :,A, j"JR,ldit 'fir j 'j, f i o i J, 1), p �4i, f ) � r„ I, if � f „`;11 1:1 j 111Al' f I j v J I R' ri 11 1 Page 1360 of 1515 Introduction The City of Boynton Beach contracted with Florida Atlantic University (FAU) to conduct an analysis of its City Commission election districts. This report provides an analysis of the current districts population balance and preparation of alternative district options to achieve better population equity across districts. This report includes a general analysis of the 2020 U.S. Census apportionment dataset (see Appendix) as well as a population analysis of the existing City Commission districts adjusted for future growth, as requested by city staff, to the year 2023. This analysis indicates a need to proceed with redistricting. We offer four redistricting map options (Alternatives 1 through 4). Boynton Beach f"iCharter,' The districting requirements in the City Charter are consistent with generally accepted standard practice, legal rulings and guidelines that emanate from the 1965 Voting Rights Act as well as its Amendments. Per Article 1, Section 3 of the City Charter: "Geographic boundaries for each voting districtshall be designated, prepared and identified, commencing ninety (90) days after the 2020 Census report is published, and every ten (10) years thereafter, by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The principal of non-discrimination and one man/one vote shall be adhered to strictly." Evaluctilon of Fu tuts e Growth To ensure that our recommended alternatives for redistricting reflect the most up-to-date information about population growth, they are based on projections to 2023. City staff identified developments that were not included or only partially included in the 2020 Census counts but are expected to be constructed and occupied by 2023. These included a mixture of multi -family and single-family homes. Some of the single-family homes replaced existing stock that were in place on Census Day of 2020, and so were excluded from the adjustment. Population projections were established for these projects by multiplying the number of units by the Persons Per Household (PPH) value established by the U.S. Census for the City Page 1 of 30 Page 1361 of 1515 of Boynton Beach (based on 2015-2019 American Community Survey data): 2.56 (with the result rounded to the nearest whole number). A summary of these units and their population projections are listed in Table 1 below. (Note: Population projections were made at the census block level, rather than at the commission district level. Rounding error will thus produce a slight discrepancy in the population column if the reader attempts to multiply the total units per district by the PPH value, rather than summing the projected population for each block, as was done in this case.) In total, 3,110 people will be added to the city's total population count, with the majority (1,176) being allotted to District 2, and much of the remainder added to Districts 1 and 3. The relative lack of development in District 4 (which in terms of area is the smallest district in the city and thus has less land upon which to build) suggests that it is likely to be falling behind in its share of the city's population, and that it may have to expand in order to compensate. Table .I Yty of Bpy t.to Beac—h. Population l�'�5titiiatesfoi-Apl)t�ot,edDevelopirietits ,J,a n1^;m"'irft Districts is The 2020 U.S. Census enumerates the City of Boynton Beach population as 80,380 on April 1, 2020. The city's population is projected to be 83,490 in 2023 based on new housing unit construction figures provided by the city. Dividing by four puts the projected average population for the districts at 20,873. The Existing Districts Map and Table 2 show the geographic boundaries and population counts for the current districts. The district with the greatest population is District 3 with 21,762 residents; the district with the smallest population is District 4 with 19,382 residents. District 2, with a population of 20,673 is closest to the ideal district size. The data shows that the current Commission districts are unbalanced and that the deviation is sufficient to warrant redistricting (see Table 2). District 3 accounts for the greatest portion of the city's population at 26.07%. This deviates from the theoretical average population of 20,873 by 4.26%. District 4, the Page 2 of 30 Page 1362 of 1515 smallest district, has 23.21% of the population and deviates from the average by -7.14%. This represents a difference of 2,380 people between the two districts. District 1 is 3.84% above average, while District 2 is 0.96% below the average. This aggregates to a sum deviation of 16.19% across all four districts and a spread (or range) between the largest and smallest districts of 11.40% (4.26% + 7.14%). As such, the current population imbalance exceeds the stipulation in the criteria for redistricting: there must be no more than a 10% overall deviation from the ideal size across districts. Tabk,(,"ointnission DistiIcts 1171,v ton Beach ffist.irict D e tnog a ' ll IV s Table 3 depictsthe demographic information taken from the 2020 U.S. Census forthe existing Commission districts. Note: The columns White through Other sum to the city's 2020 total population as they constitute the Census' definition of race. The last two columns Hispanic or Latino and Not Hispanic or Latino also sum to the city's 2020 total population as this represents the Census classification of ethnicity. The city's majority race and ethnicity are: White at 50.9% and Not Hispanic or Latino at 84.6%. Black or African American is the majority race in District 2 at 55.5%. Page 3 of 30 Page 1363 of 1515 I I Page 1364 0 1515 of 1515 Redistricting Criteria,, Data Sources, Population Estimates The city's charter provides the general framework for redistricting. Following the 2020 U.S. Census (and every 10 years thereafter), the city will engage an accredited four-year college or university located within the State of Florida for the purposes of identifying and designating the four (4) commission districts within the city. Additionally, the consultant will follow the standards by which rational districts are developed nationwide and which are supported by case law and practice throughout the nation. These criteria can be summarized as follows: 1) Reasonable population equality across districts: o Districts should have approximately the same number of people when all residents, regardless of age, are counted. Ideal district size is based on the total population divided by the number of districts. o Redistricting should adhere to Section 2 of the Voting Rights Act of 1965, as amended and interpreted through case law. This criterion requires that minority population clusters be respected in the development of district boundaries. Arbitrary dilution and other discriminatory practices are prohibited. o Redistricting should adhere to Florida's Fair Districting Amendment. o Although deviations should be avoided wherever possible, there should be no more than a 10% overall deviation from the ideal size across districts. 2) Geographic contiguity and appropriate compactness: o Major natural and manmade boundaries should be followed to the extent possible in defining the boundaries of commission districts. o The integrity of communities of interest based on race, life cycle/age, income, and other community identity characteristics, such as subdivisions, should be maintained. o The degree of change in pre-existing patterns of districts should be minimized, to promote continuity of citizen identification with a district. o District compactness and spatial contiguity should be maintained. A compact shape for each district will be sought in each redistricting option presented to the city. The population equality criterion is of primary importance; the others are significant in guiding decisions in reaching reasonable population balance. Page 6 of 30 Page 1366 of 1515 In developing revised Boynton Beach City Commission districts, the spatial units used in composing or building the districts are residential housing subdivisions (communities) and U.S. Census blocks. Subdivisions are typically homogeneous in their housing characteristics and thus serve households with broadly similar interests. District borders are typically subdivision boundaries and associated major roadways or other obvious physical features. U.S. Census blocks are typically subunits in subdivisions and are the smallest spatial unit used by the US Census data in tabulating population data (see Appendix). Alternatives Given the necessity for redistricting, four map alternatives have been developed and are transmitted herein for review and discussion. Maps and corresponding tables are presented in this report for City Commission and staff review. All four alternatives meet standard districting guidelines and the requirements of the City Charter. They represent alternative ways to better balance district populations, while also keeping with the intent of the other identified guidelines. The comments and concerns of commission members were alsotaken into consideration. The overall pattern of district boundary changes needs to reduce the population of District 1 and District 3, while expanding that of District 4. This necessitates an adjustment of the geographic boundaries where Districts 1 and District 3 contract in size, while District 4 adds territory. The current districts' 2023 population projection estimates and existing boundaries are used as the primary reference in discussing the changes in each of the map alternatives. Page 7 of 30 Page 1367 of 1515 li o,nna nl iv c,,, 1_ Alternative 1 presents a revised district plan that has the smallest geographic impact on the current districts. This minimalist approach is achieved through only three adjustments: two of which serve to swap territory between Districts 1 and 4, while a third moves territory from District 3 to District 2. Several commissioners suggested that the boundary between Districts 2 and 3 should be a straight line. In this case, the boundary is established as Boynton Beach Boulevard and its easterly extension. The Alternative 1 Districts Map and the Existing vs. Alternative 1 Comparison Map provide the overview of these changes. The result is better population balance across the districts. Table 4 provides population figures and relevant measures for Alternative 1. 11;UftfeI .... City o1,'/BoipnffiPnu, B(?at,,,,Ih Page 8 of 30 Page 1368 of 1515 of 1515 of 1515 The detailed changes are presented in the large scale specific change maps (Figures 1, 2, and 3) and are discussed below. Under the existing district boundaries, District 4 is 1,491 people below the ideal average, while District 1 is 800 people above it. This imbalance is addressed by two changes: 1. District 1 absorbs that portion of the city found between Gateway Boulevard to the north and the C-16 canal to the south, and west of Congress Avenue (see Figure 1). This adjustment results in 919 people being reallocated from District 4 to District 1. 2. District 4 expands by absorbing the northern portion of Renaissance Commons. Specifically, that part found to the north of Renaissance Drive, bounded by Gateway Boulevard to the north, Congress Avenue to the west, and the E-4 canal to the east (see Figure 2). This shift results in 1,978 residents being reallocated to District 4 from District 1. Combined, these two moves represent a net positive gain of 1,059 residents for District 4 and a net loss of 1,059 for District 1. Both districts achieve a more balanced population (closer to the city average) with these changes. ti r e 2 Page 11 of 30 Page 1371 of 1515 "FYI Under the existing district boundaries, District 2 is 200 people below the ideal average, while District 3 is 889 people above the average, a difference of 1,089 people. To reduce the population imbalance between these two districts, we need to shift population from District 2 from District 3. Additionally, several Commissioners asked, in our individual conversations, if it was possible to make the border between District 2 and 3 a straight line. Both goals are realized by the following adjustment: 3. District 2 absorbs that part of District 3 presently found north of Boynton Beach Boulevard and east of Federal Highway (see Figure 3). This area includes the Casa Costa Condos, and is home to 405 residents. (Note that this change is also reflected in Alternative 3.) This change decreases District 3's population deviation from 4.26% to 2.32% and shifts District 2's deviation from -0.96% to 0.98%. As a percentage, it also reduces District 2's Black or African American population very slightly from 55.53% to 54.48%. The overall result is that the total deviation from the ideal district population is reduced from 16.19% to 6.61% and the average deviation from population equality is reduced from 3.27% to 1.65%. Likewise, the spread between the highest and lowest district population is reduced from 11.40% to 4.39%. Page 12 of 30 Page 1372 of 1515 I m I I I Page 1373 0 1515 Af 4}'°lrnui iVv'e m Alternative 2 improves population balance across the districts to the greatest degree of all the alternatives. All four districts are involved in boundary changes. Table 7 and the Alternative 2 Districts Map and the Existing vs. Alternative 2 Comparison Map provide the overview of Alternative 2. The changes identified in Alternative 2 are detailed in large scale format in Figures 4, 5, and 6. Alternative 2 has a total deviation of 4.51%, an average deviation of 1.13%, and a spread between its largest and smallest district of 3.39% (see Table 7). These are the smallest deviations across the four Alternatives presented in this report. The percentage of District 2's Black or African American population falls very slightly from 55.53% to 54.15% (Table 6). 20,2151I:.I°'mme°'i�°°tWon aiW 2023 Po,pv� Iativon 11"rQject.ior; The specific changes from the existing districts to those of Alternative 2 are described below: Page 14 of 30 Page 1374 of 1515 of 1515 of 1515 1. Rather than splitting Renaissance Commons, as in Alternative 1, it is moved in its entirety to District 4. This area is found to the north of the C-16 canal, south of Gateway Boulevard, west of the E-4 canal, and east of Congress Avenue (see Figure 4). The collective population of this area is 2,912 people. (This change is also reflected in Alternative 3 and Alternative 4.) 2. District 1 moves east. It does so by acquiring that part of District 2 presently found between the C-16 canal in the north and Boynton Beach Boulevard and Old Boynton Road to the south, and between 1-95 in the east and the E-4 canal to the west (see Figure 5). This area is home to 1,677 residents. (This change is also reflected in Alternative 3.) igu r 5 Page 17 of 30 Page 1377 of 1515 Combined, these two moves represent a net loss of 435 people for District 1, which improves population equity by bringing it closer to the ideal average of 20,873 people. 3. To offset the gain of Renaissance Commons, District 4 must give up territory to its east. Specifically, that part of District 4 presently found to the north of Miner Road, between 1-95 and the eastern boundary of the High Ridge Country Club, together with that area between Gateway Boulevard and Miner Road in the north -south direction, and 1-95 and the western boundaries of both Canterbury at Quantum Village and Quantum Village in the east -west direction (see Figure 6). This area is home to 1,149 residents. (This change is also reflected in Alternative 3 and Alternative 4.) This adjustment partially offsets the prior loss of 1,677 residents by District 2. The remaining offset for District 2 is completed by: 4. Acquiring 691 people from District 3. Specifically, that part of the city found to the east of Federal Highway, between Ocean Avenue and Northeast 4th Avenue and its easterly extension, is shifted to District 2 (see Figure 7). This area Includes the Casa Costa Condos and the Marina. Page 18 of 30 Page 1378 of 1515 Alternative 2 involves shifting four territories from their existing district to another. The result is the most evenly balanced population across the districts for the four alternatives. Page 19 of 30 Page 1379 of 1515 Allf t e�air",'�ri a Live !°.Gk Alternative 3 is a slight variation of Alternative 2. It incorporates three of the four changes made under Alternative 2 (Figures 4, 5, and 6), but restores the straight line boundary between District 2 and District 3, as seen in Alternative 1 (Figure 3), where the Marina remains in District 3. Compared to Alternative 2, Alternative 3 reduces population balance slightly in favor of improved spatial compactness. However, population balance is still very reasonable. The result is displayed on the Existing vs. Alternative 3 Comparison Map and the Alternative 3 Map. The boundaries of the geographic blocks moved from one district to another in Alternative 3 are identical as described and defined above. Table 8 details the population of the revised district boundaries. District 2's Black or African American proportion barely changes, decreasing slightly from 55.53% to 54.92% (Table 9). Alternative 3 still significantly improves population balance across the districts compared to the current situation: the total population deviation is reduced from the current 16.19% to 7.25%; the average population deviation is reduced from 4.05% to 1.81%; and the spread (highest deviation plus lowest) is reduced from 11.40% to 4.40%. Page 20 of 30 Page 1380 of 1515 1 of 1515 of 1515 I Page 1383 0 1515 A.lte i !IVaiu,a ti ve 4, Alternative 4 builds off Alternative 2: Renaissance Commons is moved in its entirety to District 4 (Figure 4). This change results in a reallocation of 2,912 people from District 1 to District 4. To compensate, 1,149 people on the northeastern side of District 4 become part of District 2, as previously done in Alternatives 2 and 3. The two new changes recommended here (see Figures 8 and 9) shift 899 people from District 2 to District 3 and 2,399 residents from District 3 to District 1, and establishes 1-95 as the border between District 1 and District 3. The overall pattern of these adjustments is a slight counter -clockwise rotation of the districts. The result of these changes are presented in Table 11, the Alternative 4 Map and the Existing vs. Alternative 4 Comparison Map. Table f f . It rri tiv Di5trictui City of Boynton Rear 2020 Etiumerotion aiul 2023opulatim Projection The specific changes (not previously described above) reflected in Alternative 4 are as follows: Page 24 of 30 Page 1384 of 1515 of 1515 of 1515 To offset the loss of Renaissance Commons, District 1 must migrate east. In Alternatives 2 and 3, that easterly shift occurred north of Boynton Beach Boulevard. Alternative 4 presents the other option, where that shift occurs to the south of Boynton Beach Boulevard. 1. That part of District 3 presently found between Woo,lbright Road and Boynton Beach Boulevard, in the north -south direction, and 1-95 and Southwest 8th Street in the east -west direction (see Figure 8) is shifted from District 3 to District 1. This region is home to 2,399 residents. This represents a net loss of 531 people for District 1, which improves population equity by bringing it closer to the ideal average of 20,873 people. To offset the loss of territory and population outlined above, District 3 must expand to the north. It does so by absorbing the following territory from District 2: 2. That part of District 2 presently found to the east of the Florida East Coast Railway and south of the C-16 canal (see Figure 9) is added to District 3. This results in the reallocation of 899 residents to District 3. v,'OuIrea °r Page 27 of 30 Page 1387 of 1515 The percentage of District 2's Black or African American population falls very slightly from 55.53% to 55.38% (Table 10). The total population deviation of Alternative 4 falls from the current 16.19% to 5.85%, and the mean deviation from 4.05% to 1.46%. The spread between the largest district population and the smallest is reduced from 11.40% to 4.30%, which is second lowest of the four alternatives. The four alternatives are recommended to the City of Boynton Beach for consideration, with each serving to reestablish population balance among the four districts. Alternative 1 represents a minimalist approach with a focus on improving population balance among the districts while making as few changes to the existing boundaries, and shifting as few residents between districts, as possible. It does, however, split Renaissance Commons between Districts 1 and 4. Alternative 2 is somewhat more aggressive in its adjustments to the existing boundaries, with the goal of further improving population equity and spatial compactness. Among these changes, Renaissance Commons is moved to District 4, and the Marina is moved into District 2. The result is the smallest population deviations for the districts as a whole. Alternative 3 is a slight variation of Alternative 2, that incorporates a boundary between Districts 2 and 3 that is a straight line, following Boynton Beach Boulevard and its easterly extension. Alternative 4 presents another option for achieving population balance within the four districts. This option uses I-95 as the border between District 1 and District 3. This leads to a domino effect where District 3 expands north to the C-16 canal east of the Florida East Coast Railway. The four alternatives seek a balance across all the redistricting criteria: population balance, compactness, contiguity and maintaining the integrity of communities. Table 12 DistrictorPfk un,,'W(wj j" orikynton Beach Page 28 of 30 Page 1388 of 1515 Apperadix There are two primary differences that make the 2020 U.S. Census stand out from those that preceded it: a significant delay in its release due to the COVID-19 pandemic, and the implementation of a brand new 'differential privacy' policy. We will briefly address both here for clarity and context. The decennial census aims to capture a snapshot in time of the population of the United States of America. Understanding that the population is constantly changing, with births, deaths, and migration patterns constantly adjusting the fabric of the American people, Census Day represents a single moment in time for which the U.S. population is enumerated with the greatest precision possible. This day is always April 1st. By this date, every household in America received an invitation to participate in the 2020 census, with three options to respond: online, by mail, or by phone. 2020 represented the first census to include an online response option. After this day is a period of time in which the U.S. Census Bureau follows up with non -responders and begins a quality control process. Traditionally, the Census Bureau would deliver an apportionment count to the U.S. President on December 31st, followed by a distribution of redistricting data to the states exactly one year to the day after Census Day: in this case, April 1, 2021. However, due to complications caused by the COVID-19 pandemic, the Census Bureau sought statutory relief from Congress that would allow for apportionment counts to be delivered to the President by April 30, 2021, and redistricting data to be delivered to the states no later than September 30, 2021. Additionally, the Census Bureau compressed the typical three-month nonresponse follow up enumeration period to two and half months. Ultimately, redistricting data was released in a 'legacy format' on August 12, 2021. This delay inevitably and unavoidably complicated redistricting efforts for every electoral district in the nation. It also meant that the amount of error in the data, inherent to every census, would likely be greater in the 2020 census. The Census Bureau has since confirmed that the rate of missing information was higher in the 2020 census than in the 2010 census. However, they have also stated that this rate was lower than they initially feared. The 2020 redistricting data is also the first to employ 'differential privacy protection'. This represents the Census Bureau's introduction of 'noise' into the data at the more local geographic scale (Blocks and Block Groups) with the intent to strike a balance between data protection and precision. The effect is that while Page 29 of 30 Page 1389 of 1515 the enumeration counts can be trusted at the Census Tract level, we must anticipate a certain degree of 'fuzziness' at the Block level. Specifically, while the aggregate count of population for a Census Tract will be accurate, a certain proportion of people/housing units will have been deliberately misallocated by the Census Bureau at the Block level. While this may not be problematic in the realignment of Congressional Districts, for example, it certainly represents a challenge for Municipal Districts, for which the geographic precision of Census Blocks is highly desirable. Taken together, therefore, the complications related to the COVID-19 pandemic and the implementation of 'differential privacy' introduce a certain amount of additional uncertainty to the primary source of data for this analysis (2020 Census Redistricting Data (PL 94-171)) that is unprecedented. Nevertheless, this data remains the basis upon which municipal redistricting efforts begin across the nation. Page 30 of 30 Page 1390 of 1515 City of Boynton Beach Redistricting Alternatives February 1, 2022 'I.alla-mmulam, Mgt 17, • Steven C. Bourassa, Ph.D. ® Professor and Chair, Department of Urban and Regional Planning • James e®I M.A., Ph.D. candidate (ABD) 0 Senior Instructor, Department of Geosciences Ronald R. Schultz, Ph.D. ® Professor Emeritus, Department of Geosciences Michael Stamm, Jr., MURP ® Adjunct Faculty, Department of Urban and Regional Planning F",' L 0 P II D A A T IL A IN C U IP k I IV IE IS II T Y Page 1393 of 1515 ........... "Geographicboundaries foeach voting district shallbe designated, prepared ar •, identified, commencingninety days after 2020 Census report is published, and every ten (10) years thereafter, by contract.w City BoyntonBeach wrfouryear c `, `, o university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional ar •, logically related to ` naturalinternal non- discrimination a • one '"` mar o " vote shall di `, adhered to , Page 1394 of 1515 U.S. Census Bureau's 2020 Census Redistricting Summary Files [Public Law 94-171]: • Resident population counts census block smallest enumeration unit possible • Aggregated to form eachthe four votingi t ict in the presentedIt ti constructionHousing data provided by City of Boynton Beach sta-ff - Population estimates were derived to account for new housing, scheduled for e 2020 Census Page 1395 of 1515 Redistricting Parameters - The following guide our efforts: 1. Reasonable population equality across districts - .4 ttPYJittTtt 10% overpll OeviptiQii frota tWe i4ep- I size ;-?cross 10istricts- Adhere to Section 2 of the Voting Rights Act of 1965: Arbitrary dilution of minority population clusters and other discriminatory practices are prohibited. 2. Geographic contiguity and appropriate compactness • Follow major natural and manmade boundaries where possible. • Respect for the integrity of communities of interest. Population equality is of primary importance The others are significant in guiding decisions towards reaching reasonable population balance. Page 1396 of 1515 Current Districts 2020 Population % of City FLORIDA ATLANTIC UNIVERSITY Deviation From 2023 Population % of City Deviation From Average Proiection Average Current Districts 2020 Population % of City FLORIDA ATLANTIC UNIVERSITY Deviation From 2023 Population % of City Deviation From Average Proiection Average American District Total White Black or African Indian and Asian (Existing) Population American Alaska Native FLORIDA ATLANTIC: UNIVERSITY Native Hawaiian and Other Pacific Islander Other Hispanic or Not Hispanic Latino or Latino Current Districts 2020 Population % of City FLORIDA ATLANTIC UNIVERSITY Deviation From 2023 Population % of City Deviation From Average Proiection Average Four alternatives .^" r r been r r,. e • All meet standard districting guidelines • Alternative ways to better balance district populations • Keep with the intent of the other identified guidelines • The comments and concerns of commission members were also taken into consideration The overall pattern of district boundary changes needed to reduce th4o population of Districts 1 and 3, while expanding that of District 4 This necessitated an adjustment of the geographic boundaries where Districts 1 and 3 contracted in size, while District 4 added territory Page 1402 of 1515 ORTM �W • Improves overall population balance (Criterion #1) while making the least possible number of alterations to the existing Districts • Achieved by swapping territory between Districts 1 and 4 and moving territory from District 3 to District 2 • Several commissioners suggested that the boundary between Districts 2 and 3 should be a straight line In this case, the boundary is established as Boynton Beach Boulevard and its easterly extension Page 1403 of 1515 0\ M W � Under the existing district boundaries, Distric is 1,491 people below the ideal average, whil District 1 is 800 people above it jlii�111;;I That portion of the city found between Gateway Boulevard to the north and the C-16 canal to the south, and west of Congress Avenue 0\ M W � The second change moves District 1 to District 4 11MIUMIER M .1"EARMUSOM 'S ME 0 'S ME M Bounded by Gateway Boulevard to the north, Congress Avenue to the west, and the E-4 canal to the east • Under the existing district boundaries, District 2 is 200 people below the ideal average, while District 3 is 889 people above the average • District 2 acquires 405 people from District 3: • That part of District 3 presently found north of Boynton Beach Boulevard and east of Federal Highway • Includes the Casa Costa Condos As noted previously, this straightens tN boundary between these two districts Page FLORIDA ATLANTIC UNIVERSITY Alt. 1 2020 Population % of City Deviation From 2023 Population % of City Deviation From Averaee Proiection Averaee District Total White Black or African (Alt 1) Population American American Indian and Alaska Native Asian FLORIDA ATLANTIC: UNIVERSITY Native Hawaiian and Other Pacific Islander Other Hispanic or Not Hispanic Latino or Latino atherthan splitting Renaissance Commons, #2+A in > entirety 2\# District * This makes the border between Districts \ and /\\t Stanley Weaver -\6}C anal This creates k domino e fct where: • District is forced east to \ 9® taking territory from District \■(?t? District \{# expand elsewhere. It does <# both to the southeast and northwest, %?#1* d\#»< from Dist » f and \ Page wvyse 0 rM M W � 111PRIFF111111pil•ip;gI 1� 99WMG__� r*,ecall that District 4 is 1,491 people below the ide;ii average and that District 1 was 800 people above so further adjustments are required oo ortion of the city that is found- - North of the C-1 6 canal ardy.gro 32MUMMM URTMU�- - District 1 acquires 1,677 people from District 2: Represents a net loss of 435 people for District 1, ullsir-IS &,=I M , kkkkkk t I That part of District 2 presently foun(# between the C-16 canal in the north and Boynton Beach Boulevard and Old Boynton Road to the south, and between 1-95 in the east and the E-4 canal to the west Page 141 0 rM M W � North of Miner Road, between 1-95 and the eastern boundary of the High Ridge Country Club I Together with, that area between Gateway Bouleva and Miner Road in the north -south direction, and i 1-95 and the western boundaries of both Canterbury at Quantum Village and Quantum Village in the east -west direction 32MMEMMEM URTMU�- District 2 is completed by acquiring 691 people from District 3 That part of the city found: • East of Federal Highway • Between Ocean Avenue and NE 4thAvenue (and its easterly extension) Includes the Casa Costa Condos and the Marina Page 141 FLORIDA ATLANTIC UNIVERSITY Alt. 2 2020 Population % of City Deviation From 2023 Population % of City Deviation From Average Proiection Average District Total White Black or African (Alt 2) Population American American Indian and Alaska Native Asian FLORIDA ATLANTIC: UNIVERSITY Native Hawaiian and Other Pacific Islander Other Hispanic or Not Hispanic Latino or Latino URTMU�- • Alternative 3 is identical to Alternative 2 except for the Marina, is is retained by District 3 • Sacrifices some population balance (criterion #1) in favor of greater spatial compactness (criterion #2) • As with Alternative 1, the boundary between Districts 2 and 3 is made a F OR M 119 � I 1�11 I I EVAME= Page 1420 of 1515 FLORIDA ATLANTIC UNIVERSITY Alt. 3 2020 Population % of City Deviation From 2023 Population % of City Deviation From Averaee Proiection Averaee District Total White Black or African (Alt 3) Population American American Indian and Alaska Native Asian FLORIDA ATLANTIC: UNIVERSITY Native Hawaiian and Other Pacific Islander Other Hispanic or Not Hispanic Latino or Latino , #*r© ??»??tom ■�d�d■?§ fid$?t�{■ $�2^�» ° \\\\\±\f ii:li:III ° $�2\ » #?■(#?�» ?� {»\t ? / ■fid $�2 District is forced north, {»\i?« territory from District Which, in turn, forces District \ to expand {■ the west @1£5y se 11U ojset the loss of Renaissance Commons, District 1 must migrate east. In Alternatives 2 and 3, that was north of Boynton Beach Boulevard. In Alternative 4, that shift occurs to its south. That part of District 3 presently found: * Between Woolbright Road and Boynton Beach Boulevard, in the north -south direction, and * 1-95 and SW 8thStreet in the east -west direction This area is home to 2,399 residents - A net loss of 513 people for District 1 TO offset the previous loss of territory, District 3 must expand • Absorbs territory and 899 residents from District 2 0.O )INIMMIM.1 FLORIDA ATLANTIC UNIVERSITY Alt. 4 2020 Population % of City Deviation From 2023 Population % of City Deviation From Averaee Proiection Averaee District Total White Black or African (Alt 4) Population American American Indian and Alaska Native Asian FLORIDA ATLANTIC: UNIVERSITY Native Hawaiian and Other Pacific Islander Other Hispanic or Not Hispanic Latino or Latino • Alternative 1: Minimalist approach improves population balance while makingthe fewest adjustments. Splits Renaissance • Alternative v i c into i t ict 4, and the Marina into i t ict • Alternative Variation It tivsacrificesI ti I c in favorimproved spatial c ct (straight border betweenDistricts • Alternative c the border between expands t to t canal east of the Floridat Coast Railway Page 1432 of 1515 Configuration Impacted Pooulation Total Deviation FLORIDA ATLANTIC: UNIVERSITY Mean Deviation Spread City of Boynton Beach Redistricting Alternatives February 1, 2022 12. B. Legal 3/11/2022 Requested Action by Commission: Proposed Resolution No. R22-041 - Approve and authorize the Mayor and City Manager to sign the Interlocal Agreement Governing Use of Palm Beach County Regional Opioid Settlement Funds. Explanation of Request: A national epidemic arose as a result of the manufacture, distribution and over- prescribing of opioid analgesics and resulted in opioid overdoses and addictions throughout Palm Beach County. The state of Florida has filed and action pending in Pasco County, Florida and a number of Florida cities and counties have also filed an action titled In re: National Prescription Opiate Litigation, MDL No 2804 (N.D. Ohio) ("Opioid Litigation"). The County is a litigating participant in the Opioid Litigation. To receive its share of the Regional Fund, the County must qualify as a "Qualified County" meaning that it must enter into an Agreement with municipalities whose population, taken together, contain more than 50% of the Municipalities total population. Under the Florida Plan, the County will be required to expend the County Regional Funds in Palm Beach County for abatement of the effects of the Opioid Epidemic. How will this affect city programs or services? By entering into this Agreement it will ensure the County qualifies as a "Qualified County" to receive the County Regional Funds pursuant to the Florida Plan. Under the Florida Plan, the County will be required to expend the County Regional Funds in Palm Beach County for abatement of the effects of the Opioid Epidemic. The County has an abatement plan to respond to the Opioid Epidemic. Enabling the County to receive the County Regional Funds is in the best interest of all persons within the geographic boundaries of Palm Beach County, including the Citizens and Residents of the City of Boynton Beach, because Opioid Litigation settlement funds will be used to address opioid -related impacts within Palm Beach County. Fiscal Impact: Alternatives: Do not approve entering into the ILA with Palm Beach County which might mean that the County does not qualify as a "Qualified County" to receive the County Regional Funds. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 1435 of 1515 Grant Amount: Attachments: Type D IRE)S()�I LA ti 0 II'l D I ['ItE)irlocall Agir'E)E)irTIE)l['It D Exhibit D Exhibit D Exhibit Description IRE)SOkAboin approviing ChE) II II.....A Wth IFlallirylBE�,ach COL.All'Ity ir'E�Igarding Qpioid IF:::Ulinds I ['ItE)irlocallAgir'EsE)irm)lllt Clyoveriniing USE) Of IC lalirn BE�,ac,h COL. ll'ItyIRE�Igklnall Qpioid SE)ttblirTIENI'lt IF:::Ulinds Exhibit A to I ['ItE)irlocall Agir'E)E)irTIE)l['It Exhibit IB tO ll['ItE)irlocall Agir'E)E)irTIE)l['It Exhibit C tO II ['ItE)irlocallAgir'E�IENrTIENI'lt Page 1436 of 1515 I RESOLUTION NO. R22 - 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 5 APPROVE AND AUTHORIZE THE MAYOR AND CITY MANAGER 6 TO SIGN THE INTERLOCAL AGREEMENT GOVERNING USE OF 7 PALM BEACH COUNTY REGIONAL OPIOID SETTLEMENT 8 FUNDS; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City of Boynton Beach has suffered harm from the opioid 11 epidemic; and 12 WHEREAS, the State of Florida and lawyers representing certain various local 13 governments involved in the Opioid Litigation have proposed a unified plan for the 14 allocation and use of prospective settlement dollars from opioid related litigation; and 15 WHEREAS, to receive its share of the Regional Fund, the County must qualify as a 16 "Qualified County", meaning that it must enter into an Agreement with municipalities whose 17 population, taken together, contain more than 50% of the Municipalities total population; 18 and 19 WHEREAS, Under the Florida Plan, the County will be required to expend the County 20 Regional Funds in Palm Beach County for abatement of the effects of the Opioid Epidemic; 21 and 22 WHEREAS, this resolution authorizes the Mayor and City Manager to sign the 23 Interlocal Agreement Governing Use of Palm Beach County Regional Opioid Settlement 24 Funds; and 25 WHEREAS, Enabling the County to receive the County Regional Funds is in the best 26 interest of all persons within the geographic boundaries of Palm Beach County, including 27 the Citizens and Residents of the City of Boynton Beach, because Opioid Litigation 28 settlement funds will be used to address opioid -related impacts within Palm Beach County. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 30 OF BOYNTON BEACH, FLORIDA, THAT: 31 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and hereby 32 ratified and confirmed by the City Commission. 33 SECTION 2. That the City Commission approves and authorizes the Mayor and S:\CA\RESO\Approving ILA With PBC For Opioid Litigation - Reso.Docx Page 1437 of 1515 I City Manager to sign the Interlocal Agreement Governing Use of Palm Beach County 2 Regional Opioid Settlement Funds, a copy of which is attached hereto and incorporated 3 herein as Exhibit "A". 4 SECTION 3. This Resolution shall take effect immediately upon its adoption. 5 PASSED AND ADOPTED this 1 st day of March, 2022. 6 CITY OF BOYNTON BEACH, FLORIDA 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 Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Approving ILA With PBC For Opioid Litigation - Reso.Docx VOTE YES NO Page 1438 of 1515 INTERLOCAL AGREEMENT GOVERNING USE OF PALM BEACH COUNTY REGIONAL OPIOID SETTLEMENT FUNDS This Interlocal Agreement ("Agreement") is made and entered into by and between Palm Beach County ("County"), a political subdivision of the state of Florida, and each of the following municipalities that elects to enter into this Agreement. The Municipalities in Exhibit A, each a municipal corporation existing under the laws of the state of Florida (each a "Municipality" and collectively the "Municipalities") (County and the Municipalities are collectively referred to as the "Parties"). Recitals A. A national epidemic arose as a result of the manufacture, distribution, and over- prescribing of opioid analgesics and resulted in opioid overdoses and addictions throughout Palm Beach County ("Opioid Epidemic"). B. County and Municipalities have suffered harm from the Opioid Epidemic. C. County is a Charter County within the state of Florida, and has an estimated population of approximately 1.497 million based on the most recent census data. D. Municipalities are located in Palm Beach County, Florida. E. The state of Florida has filed an action pending in Pasco County, Florida, and a number of Florida cities and counties have also filed an action titled In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) ("Opioid Litigation"). The County is a litigating participant in the Opioid Litigation. F. Proposed settlements have been developed to resolve certain claims under the Opioid Litigation. G. The Attorney General for the State of Florida ("Attorney General") anticipates that settlement funds arising out of the Opioid Litigation will be distributed to the State of Florida over multiple years as part of a global settlement, and not directly distributed to County and Municipalities. H. The Florida Memorandum of Understanding a/k/a Florida Opioid Allocation and Statewide Response Agreement ("Florida Plan") attached hereto as Exhibit B sets forth the framework for a unified plan between the state of Florida and local governments within the state of Florida regarding the proposed allocation and use of Opioid Litigation settlement funds. The Florida Plan, as currently drafted, divides the settlement funds into three funds: (i) the City/County Fund; (ii) the Regional Fund (which includes funds to Qualified Counties in addition to funds received in the City/County Fund); and (iii) the State Fund. Page 1439 of 1515 L To receive its share of the Regional Fund (the "County Regional Funds," as defined below), County must qualify as a "Qualified County" as that term is defined under the Florida Plan. J. If County does not qualify as a "Qualified County," the County Regional Funds will be allocated to the Southeast Florida Behavioral Health Network, Inc., which would be required under the Florida Plan to spend such funds within Palm Beach County to the greatest extent practicable. K. To qualify as a Qualified County under the Florida Plan, County must enter into an Agreement with municipalities whose populations, taken together, contain more than 50% of the Municipalities total population. L. Under the Florida Plan, County will be required to expend the County Regional Funds in Palm Beach County for abatement of the effects of the Opioid Epidemic. M. County has an abatement plan that is being utilized to respond to the Opioid Epidemic. N. The Behavioral Health Substance Use & Co -Occurring Disorder Steering Committee is a taskforce that advises, plans, and provides for programs relating to the abatement of opioid abuse and other substance abuse throughout Palm Beach County. O. County contracts to provide funding for The South County Mental Health Center, The Addiction Stabilization Unit, The Drug Abuse Foundation and other Financially Assisted Agencies which p r o v i d e substance abuse assessment, prevention, detoxification, residential, and outpatient services to adults aged 18 years and older and also provides treatment for substance abuse and co-occurring disorders such as depression, anxiety, trauma, and other mental health concerns that may contribute to an individual's substance abuse and dependence. P. The Parties recognize that enabling County to receive the County Regional Funds for expenditure in the best interest of all persons within the geographic boundaries of Palm Beach County will ensure that Opioid Litigation settlement funds are available and used to address opioid - related impacts within Palm Beach County. Q. The Parties recognize that it is in the best interest of County and Municipalities to enter into this Agreement to ensure County qualifies as a "Qualified County" to receive the County Regional Funds pursuant to the Florida Plan. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Page 1440 of 1515 ARTICLE 1. DEFINITIONS 1.1 Unless otherwise defined herein, all defined terms in the Florida Plan are incorporated herein and shall have the same meanings as in the Florida Plan. 1.2 "County Regional Funds" shall mean the amount of the Regional Funds remitted to County by the state of Florida, provided County qualifies as a Qualified County. ARTICLE 2. CONDITIONS PRECEDENT 2.1 This Agreement shall become effective on the Commencement Date set forth in Article 3, so long as the following conditions precedent have been satisfied: A. Execution of this Agreement by County and Municipalities that, taken together, contain more than 50% of the Municipalities total population, as required by Florida Plan to enable County to become a Qualified County and receive the County Regional Funds from the state of Florida; B. Execution of all documents necessary to effectuate the Florida Plan in its final form; and C. Filing of this Agreement with the Clerk of the Circuit Court for County as required by Florida Statutes Section 163.01. ARTICLE 3. TERM 3.1 The term of this Agreement shall commence upon the satisfaction of all conditions precedent stated in Article 2 ("Commencement Date"), and shall continue until one (1) year after the expenditure of all County Regional Funds, unless otherwise terminated in accordance with the provisions of the Florida Plan ("Term"). Obligations under this Agreement that by their nature survive termination or expiration, including, but not limited to, any and all obligations relating to record retention, audit, and indemnification, will survive and remain in effect after termination or expiration of this Agreement. ARTICLE 4. PLAN ADMINISTRATION 4.1 County is responsible for administering the County Regional Funds pursuant to the Florida Plan. County staff shall provide all support services including but not limited to legal services, as well as contract management, program monitoring, and reporting, required by the Florida Plan up to the moment of distribution of funds to cities at which point the cities are responsible for all reporting and monitoring and other requirements as set forth in the Plan and including providing data and reporting to County.. County is entitled to and shall receive no more than 5% from 4 Page 1441 of 1515 the County Regional Funds for administrative fees as provided under the Florida Plan and will deduct such administrative fees on an annual basis. After such deduction, County shall spend all of the remaining County Regional Funds on efforts to abate the deleterious effects of the Opioid Epidemic by utilizing funds for the Approved Purposes (as defined in the Florida Plan), including the provisions related to Core Services (if and as applicable) identified in Exhibit C. County shall spend the County Regional Funds on programs and in geographic areas based on demonstrated need throughout Palm Beach County without choosing or favoring any particular municipality, geographic area, or socio-economic group. ARTICLE 5. LOCAL GOVERNMENT REPORTING REQUIREMENTS 5.1 To the extent a City Municipality receives County Regional Funds directly from County, that Municipality agrees to spend such funds solely for Approved Purpose(s) (as defined in the Florida Plan), and f u r t h e r agrees to timely satisfy all reporting requirements of the Florida Plan. In addition to other available remedies, failure to comply with this provision m ay disqualify the Municipality from further receipt of County Regional Funds. ARTICLE 6. NON -APPROPRIATION 6.1 This Agreement is not a general obligation of the County. County is not obligated to expend any funds under this Agreement except to the extent of County Regional Funds budgeted and actually received, all of which the County agrees to expend consistent with the terms of this Agreement. ARTICLE 7. GOVERNMENTAL IMMUNITY 7.1 Nothing herein is intended to serve as a waiver of sovereign immunity by County or any Municipality nor shall anything included herein be construed as consent by County or any Municipality to be sued by third parties in any matter arising out of this Agreement. County and Municipalities are political subdivisions as defined in Section 768.28, Florida Statutes, and shall be responsible for the negligent or wrongful acts or omissions of their employees to the extent of and within the limits set forth om Section 768.28, Florida Statutes. ARTICLE 8. INSURANCE 8.1 Parties are entities subject to Section 768.28, Florida Statutes, and shall furnish the other Parties with written verification of liability protection in accordance with state law upon request by the requesting party. Page 1442 of 1515 ARTICLE 9. MISCELLANEOUS 9.1 Public Records. The Parties shall comply with all public records requirements of Chapter 119, Florida Statutes, as may be required by law. IF ANY PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO A PARTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE PALM BEACH COUNTY CUSTODIAN OF PUBLIC AFFAIRS AT 561-355-2754, OR VIA ELECTRONIC MAIL AT RECORDSREQUEST(a)PBCGOV.ORG OR THE MUNICIPALITY'S CUSTODIAN OF PUBLIC RECORDS (SEE EXHIBIT A FOR EACH MUNICIPALITY'S CUSTODIAN'S CONTACT INFORMATION). 9.2 Truth -In -Negotiation Representation. This Agreement is based upon representations supplied by the Parties to each other and the Parties certify that the information supplied, including without limitation in the negotiation of this Agreement, is accurate, complete, and current at the time of contracting. 9.3 Public Entity Crime Act. Each of the Parties represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. In addition to the foregoing, each of the Parties further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether it has been placed on the convicted vendor list. Notwithstanding any provision in this Agreement to the contrary, if any representation made by a party pursuant to this paragraph is false, each of the Parties shall have the right to immediately terminate this Agreement. 9.4 Third Party Beneficiaries. Neither County nor the Municipalities intend to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third -party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against any party based upon this Agreement. Nothing in this Agreement, express or implied, is intended to (i) confer upon any entity or person other than the Parties and their successors or assigns any rights or remedies under or by reason of this Agreement as a third -party beneficiary or otherwise, except as specifically provided in this Agreement; or (ii) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. 9.5 Notices. In order for a notice to a party to be effective under this Agreement, notice must be sent via U.S. first-class mail to the addresses listed below and shall be effective upon mailing. The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change in accordance with the provisions of this section. N Page 1443 of 1515 FOR COUNTY: Attn: Office of the County Attorney, Litigation Section 300 North Dixie Highway Suite 359 West Palm Beach, FL 33401 FOR MUNICIPALITY: The addresses specified in Exhibit A. 9.6 Assignment. No Party shall have the right to assign this Agreement. 9.7 Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. The failure of any Party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement.a waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.8 Compliance with Laws. The Parties shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.9 Severability. In the event any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 9.10 Joint Preparation. This Agreement has been jointly prepared by the Parties hereto, and shall not be construed more strictly against any parry. 9.11 Interpretation. The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference isto the section or article as a whole, including all of the subsections of such section, unless the reference is made to a particular subsection or subparagraph of such section or article. 9.12 Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached hereto or referenced or incorporated herein and any provision of Articles 1 through 9 of this Agreement, the provisions contained in Articles 1 through 9 shall prevail and be given effect. FA Page 1444 of 1515 9.13 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement will be interpreted and construed in accordance with and governed by the laws of the State of Florida. The Parties acknowledge and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, will be exclusively in the State courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement will be exclusively in such State courts, forsaking any other jurisdiction that any party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS ANY PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 9.14 Amendments. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and the Municipalities or others with delegated authority or otherwise authorized to execute same on their behalf. 9.15 Prior Agreements. This Agreement represents the final and complete understanding of the Parties regarding the subject matter hereof and supersedes all prior and contemporaneous negotiations and discussions regarding that subject matter. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. 9.16 Incorporation by Reference. Any and all Recital clauses stated above are true and correct and are incorporated herein by reference. The attached Exhibits are incorporated into and made a part of this Agreement. 9.17 Representation of Authority. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 9.18 Counterparts and Multiple Originals. This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 9.19 Force Majeure. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of epidemic, pandemic, hurricane, earthquake, or other casualty caused by nature, or by labor strike, war, or by a law, order, proclamation, regulation, or ordinance of any governmental agency, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, provided that the party so affected shall first have taken reasonable steps to avoid and remove such cause of non- performance and shall continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the other Parties in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such nonperformance exceeds sixty (60) days, the party that is not prevented from performance by the force majeure event shall have the right to terminate this Agreement upon written notice to the Parties. This section shall not E:3 Page 1445 of 1515 supersede or prevent the exercise of any right the Parties may otherwise have to terminate this Agreement. IN WITNESS WHEREOF, the Parties have made and executed this Agreement: Palm Beach County, through its Board of County Commissioners, signing by and through its County Administrator, authorized to execute same by Board action on the day of 2022, and the City of signing by and through its officials, duly authorized to execute same. COUNTY WITNESSES: PALM BEACH COUNTY, by and through its County Administrator By: Signature County Administrator Print/Type Name day of , 2022 Signature Print/Type Name APPROVED AS TO FORM: Un Page 1446 of 1515 ATTEST: City Clerk PARTICIPATING MUNICIPALITY 10 MUNICIPALITY Bv: Mayor -Commissioner day of , 2022 By: City Manager _day of , 2022 APPROVED AS TO FORM: By: City Attorney _day of , 2022 Page 1447 of 1515 The name and contact information for each municipality that is a party to the Interlocal Agreement Governing Use of Palm Beach County Regional Opioid Settlement Funds will be added upon receipt from the County. Page 1448 of 1515 EXHIBIT B Page 1449 of 1515 FLORIDA OPIOID ALLOCATION AND STATEWIDE RESPONSE AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS, OFFICE OF THE ATTORNEY GENERAL w CERTAIN LOCAL GOVERNMENTS IN THE STATE OF FLORIDA This Florida Opioid Allocation and Statewide Response Agreement (the "Agreement") is entered into between the State of Florida (`State") and certain Local Governments ("Local Governments" and the State and Local Governments are jointly referred to as the "Parties" or individually as a "Party"). The Parties agree as follows: Whereas, the people of the State and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply Chain; and Whereas, the State, through its Attorney General, and certain Local Governments, through their elected representatives and counsel, are separately engaged in litigation seeking to hold many of the same Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance, nonfeasance and malfeasance as the State; and Whereas, certain of the Parties have separately sued Pharmaceutical Supply Chain participants for the harm caused to the citizens of both Parties and have collectively negotiated settlements with several Pharmaceutical Supply Chain Participants; and Whereas, the Parties share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State; and Whereas, it is the intent of the State and its Local Governments to use the proceeds from any Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding presently spent on opioid and substance abuse education, treatment, prevention and other related programs and services, such as those identified in Exhibits "A" and "B," and to ensure that the funds are expended in compliance with evolving evidence -based "best practices;" and Whereas, the State and its Local Governments enter into this Agreement and agree to the allocation and use of the proceeds of any settlement described herein Wherefore, the Parties each agree to as follows: Page 1450 of 1515 A. Defmitions As used in this Agreement: 1. "Approved Purpose(s)" shall mean forward-looking strategies, programming and services used to expand the availability of treatment for individuals impacted by substance use disorders, to: (a) develop, promote, and provide evidence -based substance use prevention strategies; (b) provide substance use avoidance and awareness education; (c) decrease the oversupply of licit and illicit opioids; and (d) support recovery from addiction. Approved Purposes shall include, but are not limited to, the opioid abatement strategies listed in Exhibits "A" and `B" which are incorporated herein by reference. 2. "Local Governments" shall mean all counties, cities, towns and villages located within the geographic boundaries of the State. 3. "Managing Entities" shall mean the corporations selected by and under contract with the Florida Department of Children and Families or its successor ("DCF") to manage the daily operational delivery of behavioral health services through a coordinated system of care. The singular "Managing Entity" shall refer to a singular of the Managing Entities. 4. "County" shall mean a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution. 5. "Dependent Special District" shall mean a Special District meeting the requirements of Florida Statutes § 189.012(2). 6. "Municipalities" shall mean cities, towns, or villages located in a County within the State that either have: (a) a Population greater than 10,000 individuals; or (b) a Population equal to or less than 10,000 individuals and that has either (i) filed a lawsuit against one or more Pharmaceutical Supply Chain Participants; or (ii) executes a release in connection with a settlement with a Pharmaceutical Supply Chain participant. The singular "Municipality" shall refer to a singular city, town, or village within the definition of Municipalities. 7. "`Negotiating Committee" shall mean a three-member group comprised by representatives of the following: (1) the State; and (2) two representatives of Local Governments of which one representative will be from a Municipality and one shall be from a County (collectively, "Members") within the State. The State shall be represented by the Attorney General or her designee. 8. "Negotiation Class Metrics" shall mean those county and city settlement allocations which come from the official website of the Negotiation Class of counties and cities certified on September 11, 2019 by the U.S. District for the Northern District of Ohio in In re National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at https://allocationmap.iclaimsonline.com. 9. "Opioid Funds" shall mean monetary amounts obtained through a Settlement. 0 Page 1451 of 1515 10. "Opioid Related" shall have the same meaning and breadth as in the agreed Opioid Abatement Strategies attached hereto as Exhibits "A" or `B." 11. "Parties" shall mean the State and Local Governments that execute this Agreement. The singular word "Party" shall mean either the State or Local Governments that executed this Agreement. 12. "PEC" shall mean the Plaintiffs' Executive Committee of the National Prescription Opiate Multidistrict Litigation pending in the United States District Court for the Northern District of Ohio. 13. "Pharmaceutical Supply Chain" shall mean the entities, processes, and channels through which Controlled Substances are manufactured, marketed, promoted, distributed or dispensed. 14. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in, or has engaged in the manufacture, marketing, promotion, distribution or dispensing of an opioid analgesic. 15. "Population" shall refer to published U.S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this Agreement. These estimates can currently be found at https:11www.census.gov. For purposes of Population under the definition of Qualified County, a County's population shall be the greater of its population as of the July 1, 2019, estimates or its actual population, according to the official U.S. Census Bureau count, which was released by the U.S. Census Bureau in August 2021. 16. "Qualified County" shall mean a charter or non -chartered County that has a Population of at least 300,000 individuals and: (a) has an opioid taskforce or other similar board, commission, council, or entity (including some existing sub -unit of a County's government responsible for substance abuse prevention, treatment, and/or recovery) of which it is a member or it operates in connection with its municipalities or others on a local or regional basis; (b) has an abatement plan that has been either adopted or is being utilized to respond to the opioid epidemic; (c) is, as of December 31, 2021, either providing or is contracting with others to provide substance abuse prevention, recovery, and/or treatment services to its citizens; and (d) has or enters into an interlocal agreement with a majority of Municipalities (Majority is more than 50% of the Municipalities' total Population) related to the expenditure of Opioid Funds. The Opioid Funds to be paid to a Qualified County will only include Opioid Funds for Municipalities whose claims are released by the Municipality or Opioid Funds for Municipalities whose claims are otherwise barred. For avoidance of doubt, the word "operate" in connection with opioid task force means to do at least one of the following activities: (1) gathers data about the nature, extent, and problems being faced in communities within that County; (2) receives and reports recommendations from other government and private entities about activities that should be undertaken to abate the opioid epidemic to a County; and/or (3) makes recommendations to a County and other public and private leaders about steps, actions, or plans that should be undertaken to abate the opioid epidemic. For avoidance of doubt, the Population calculation required by subsection (d) does not include Population in unincorporated areas. Page 1452 of 1515 17. "SAMHSA" shall mean the U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration. 18. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the State and Local Governments or a settlement class as described in (13)(1) below. 19. "State" shall mean the State of Florida. B. Terms 1. Only Abatement - Other than funds used for the Administrative Costs and Expense Fund as hereinafter described or to pay obligations to the United States arising out of Medicaid or other federal programs, all Opioid Funds shall be utilized for Approved Purposes. In order to accomplish this purpose, the State will either: (a) file a new action with Local Governments as Parties; or (b) add Local Governments to its existing action, sever any settling defendants. In either type of action, the State will seek entry of a consent judgment, consent order or other order binding judgment binding both the State and Local Governments to utilize Opioid Funds for Approved Purposes ("Order") from the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, West Pasco Division New Port Richey, Florida (the "Court"), except as herein provided. The Order may be part of a class action settlement or similar device. The Order shall provide for continuing jurisdiction by the Court to address non-performance by any party under the Order. 2. Avoid Claw Back and Recoupment - Both the State and Local Governments wish to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for the Expense Funds, Administrative Costs and Approved Purposes, both Parties will agree to utilize a percentage of funds for the Core Strategies highlighted in Exhibit A. Exhibit A contains the programs and strategies prioritized by the U.S. Department of Justice and/or the U.S. Department of Health & Human Services ("Core Strategies"). The State is trying to obtain the United States' agreement to limit or reduce the United States' ability to recover or recoup monies from the State and Local Government in exchange for prioritization of funds to certain projects. If no agreement is reached with the United States, then there will be no requirement that a percentage be utilized for Core Strategies. 3. No Benefit Unless Fully Participating - Any Local Government that objects to or refuses to be included under the Order or refuses or fails to execute any of documents necessary to effectuate a Settlement shall not receive, directly or indirectly, any Opioid Funds and its portion of Opioid Funds shall be distributed to, and for the benefit of, the Local Governments. Funds that were a for a Municipality that does not join a Settlement will be distributed to the County where that Municipality is located. Funds that were for a County that does not join a Settlement will be distributed pro rata to Counties that join a Settlement. For avoidance of doubt, if a Local Government initially refuses to be included in or execute the documents necessary to effectuate a Settlement and subsequently effectuates such documents necessary to join a Settlement, then that Local Government will only lose those payments made under a Settlement while that Local Government was not a part of the Settlement. If a Local Government participates in a Settlement, that Local Government is thereby releasing the claims of its Dependent Special District claims, if any. M Page 1453 of 1515 4. Distribution Scheme — If a Settlement has a National Settlement Administrator or similar entity, all Opioids Funds will initially go to the Administrator to be distributed. If a Settlement does not have a National Settlement Administrator or similar entity, all Opioid Funds will initially go to the State, and then be distributed by the State as they are received from the Defendants according to the following distribution scheme. The Opioid Funds will be divided into three funds after deducting any costs of the Expense Fund detailed below. Funds due the federal government, if any, pursuant to Section B-2, will be subtracted from only the State and Regional Funds below: (a) City/County Fund- The city/county fund will receive 15% of all Opioid Funds to directly benefit all Counties and Municipalities. The amounts to be distributed to each County and Municipality shall be determined by the Negotiation Class Metrics or other metrics agreed upon, in writing, by a County and a Municipality, which are attached to this Agreement as Exhibit "C." In the event that a Municipality has a Population less than 10,000 people and it does not execute a release or otherwise join a Settlement that Municipalities share under the Negotiation Class Metrics shall be reallocated to the County where that Municipality is located. (b) Rgggional Fund- The regional fund will be subdivided into two parts. (i) The State will annually calculate the share of each County within the State of the regional fund utilizing- the sliding scale in paragraph 5 of the Agreement, and according to the Negotiation Class Metrics. (ii) For Qualified Counties, the Qualified County's share will be paid to the Qualified County and expended on Approved Purposes, including the Core Strategies identified in Exhibit A, if applicable. (iii) For all other Counties, the State will appropriate the regional share for each County and pay that share through DCF to the Managing Entities providing service for that County. The Managing Entities will be required to expend the monies on Approved Purposes, including the Core Strategies as directed by the Opioid Abatement Task Force or Council. The Managing Entities shall expend monies from this Regional Fund on services for the Counties within the State that are non - Qualified Counties and to ensure that there are services in every County. To the greatest extent practicable, the Managing Entities shall endeavor to expend monies in each County or for citizens of a County in the amount of the share that a County would have received if it were a Qualified County. (c) State Fund - The remainder of Opioid Funds will be expended by the State on Approved Purposes, including the provisions related to Core Strategies, if applicable. (d) To the extent that Opioid Funds are not appropriated and expended in a year by the State, the State shall identify the investments where settlement funds will be deposited. Any gains, profits, or interest accrued from the deposit of the Opioid Funds to the extent that any funds are not appropriated and expended within a calendar year, shall be the sole property of the Party that was entitled to the initial amount. E Page 1454 of 1515 (e) To the extent a County or Municipality wishes to pool, comingle, or otherwise transfer its share, in whole or part, of Opioid Funds to another County or Municipality, the comingling Municipalities may do so by written agreement. The comingling Municipalities shall provide a copy of that agreement to the State and any settlement administrator to ensure that monies are directed consistent with such agreement. The County or Municipality receiving any such Opioid Funds shall assume the responsibility for reporting how such Opioid Funds were utilized under this Agreement. 5. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing the following sliding scale of the Opioid Funds available in any year after deduction of Expenses and any funds due the federal government: A. Years 1-6: 40% B. Years 7-9: 35% C. Years 10-12: 34% D.Years 13-15: 33% E. Years 16-18: 30% 6. Opioid Abatement Taskforce or Council - The State will create an Opioid Abatement Taskforce or Council (sometimes hereinafter "Taskforce" or "Council") to advise the Governor, the Legislature, DCF, and Local Governments on the priorities that should be addressed by expenditure of Opioid Funds and to review how monies have been spent and the results that have been achieved with Opioid Funds. (a) Size - The Taskforce or Council shall have ten Members equally balanced between the State and the Local Government representatives. (b) Aintments Local Governments - Two Municipality representatives will be appointed by or through Florida League of Cities. Two county representatives, one from a Qualified County and one from a county within the State that is not a Qualified County, will be appointed by or through the Florida Association of Counties. The final representative will alternate every two years between being a county representative (appointed by or through Florida Association of Counties) or a Municipality representative (appointed by or through the Florida League of Cities). One Municipality representative must be from a city of less than 50,000 people. One county representative must be from a county of less than 200,000 people and the other county representative must be from a county whose population exceeds 200,000 people. (c) ArIvointments State (i) The Governor shall appoint two Members. (ii) The Speaker of the House shall appoint one Member. It Page 1455 of 1515 (iii) The Senate President shall appoint one Member. (iv) The Attorney General or her designee shall be a Member. (d) Chair - The Attorney General or designee shall be the chair of the Taskforce or Council. (e) Term - Members will be appointed to serve a four-year term and shall be staggered to comply with Florida Statutes § 20.052(4)(c). (f) Support - DCF shall support the Taskforce or Council and the Taskforce or Council shall be administratively housed in DCF. (g) Meetings - The Taskforce or Council shall meet quarterly in person or virtually using communications media technology as defined in section 120.54(5)(b)(2), Florida Statutes. (h) Reporting_- The Taskforce or Council shall provide and publish a report annually no later than November 30th or the first business day after November 30th, if November 30th falls on a weekend or is otherwise not a business day. The report shall contain information on how monies were spent the previous fiscal year by the State, each of the Qualified Counties, each of the Managing Entities, and each of the Local Governments. It shall also contain recommendations to the Governor, the Legislature, and Local Governments for priorities among the Approved Purposes or similar such uses for how monies should be spent the coming fiscal year to respond to the opioid epidemic. Prior to July 1 st of each year, the State and each of the Local Governments shall provide information to DCF about how they intend to expend Opioid Funds in the upcoming fiscal year. (') y,- The State and each of the Local Governments shall report its i Accountability ,it expenditures to DCF no later than August 31 st for the previous fiscal year. The Taskforce or Council will set other data sets that need to be reported to DCF to demonstrate the effectiveness of expenditures on Approved Purposes. In setting those requirements, the Taskforce or Council shall consider the Reporting Templates, Deliverables, Performance Measures, and other already utilized and existing templates and forms required by DCF from Managing Entities and suggest that similar requirements be utilized by all Parties to this Agreement. 0) Conflict of Interest - All Members shall adhere to the rules, regulations and laws of Florida including, but not limited to, Florida Statute § 112.311, concerning the disclosure of conflicts of interest and recusal from discussions or votes on conflicted matters. 7. Administrative Costs- The State may take no more than a 5% administrative fee from the State Fund and any Regional Fund that it administers for counties that are not Qualified Counties. Each Qualified County may take no more than a 5% administrative fee from its share of the Regional Funds. Municipalities and Counties may take no more than a 5% administrative fee from any funds that they receive or control from the City/County Fund. 7 Page 1456 of 1515 8. Negotiation of Non -Multistate Settlements - If the State begins negotiations with a Pharmaceutical Supply Chain Participant that is separate and apart from a multi -state negotiation, the State shall include Local Governments that are a part of the Negotiating Committee in such negotiations. No Settlement shall be recommended or accepted without the affirmative votes of both the State and Local Government representatives of the Negotiating Committee. 9. Negotiation of Multistate or Local Government Settlements - To the extent practicable and allowed by other parties to a negotiation, both Parties agree to communicate with members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply Chain Participant Settlement. 10. Program Requirements- DCF and Local Governments desire to make the most efficient and effective use of the Opioid Funds. DCF and Local Governments will work to achieve that goal by ensuring the following requirements will be minimally met by any governmental entity or provider providing services pursuant to a contract or grant of Opioid Funds: a. In either performing services under this Agreement or contracting with a provider to provide services with the Opioid Funds under this Agreement, the State and Local Governments shall be aware of and comply with all State and Federal laws, rules, Children and Families Operating Procedures (CFOPs), and similar regulations relating to the substance abuse and treatment services. b. The State and Local Governments shall have and follow their existing policies and practices for accounting and auditing, including policies relating to whistleblowers and avoiding fraud, waste, and abuse. The State and Local Governments shall consider additional policies and practices recommended by the Opioid Abatement Taskforce or Council. c. In any award or grant to any provider, State and Local Governments shall ensure that each provider acknowledges its awareness of its obligations under law and shall audit, supervise, or review each provider's performance routinely, at least once every year. d. In contracting with a provider, the State and Local Governments shall set performance measures in writing for a provider. e. The State and Local Governments shall receive and report expenditures, service utilization data, demographic information, and national outcome measures in a similar fashion as required by the 42.U.S.C. s. 300x and 42 U.S.C. s. 300x-21. f. The State and Local Governments, that implement evidenced based practice models will participate in fidelity monitoring as prescribed and completed by the originator of the model chosen.. g. The State and Local Governments shall ensure that each year, an evaluation of the procedures and activities undertaken to comply with the requirements of this Agreement are completed. Page 1457 of 1515 h. The State and Local Governments shall implement a monitoring process that will demonstrate oversight and corrective action in the case of non-compliance, for all providers that receive Opioid Funds. Monitoring shall include: (i) Oversight of the any contractual or grant requirements; (ii) Develop and utilize standardized monitoring tools; (iii) Provide DCF and the Opioid Abatement Taskforce or Council with access to the monitoring reports; and (iv) Develop and utilize the monitoring reports to create corrective action plans for providers, where necessary. 11. Reporting and Records Requirements- The State and Local Governments shall follow their existing reporting and records retention requirements along with considering any additional recommendations from the Opioid Abatement Taskforce or Council. Local Governments shall respond and provide documents to any reasonable requests from the State or Opioid Abatement Taskforce or Council for data or information about programs receiving Opioid Funds. The State and Local Governments shall ensure that any provider or sub -recipient of Opioid Funds at a minimum does the following: (a) Any provider shall establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of Opioid Funds. Upon demand, at no additional cost to the State or Local Government, any provider will facilitate the duplication and transfer of any records or documents during the term that it receives any Opioid Funds and the required retention period for the State or Local Government. These records shall be made available at all reasonable times for inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the State or Local Government. (b) Any provider shall retain and maintain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to the use of the Opioid Funds during the term of its receipt of Opioid Funds and retained for a period of six (6) years after its ceases to receives Opioid Funds or longer when required by law. In the event an audit is required by the State of Local Governments, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of any award or contract. (c) At all reasonable times for as long as records are maintained, persons duly authorized by State or Local Government auditors shall be allowed full access to and the right to examine any of the contracts and related records and documents, regardless of the form in which kept. (d) A financial and compliance audit shall be performed annually and provided to the State. W Page 1458 of 1515 (e) All providers shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General (section 20.055, F.S.) or the State. (f) No record may be withheld nor may any provider attempt to limit the scope of any of the foregoing inspections, reviews, copying, transfers or audits based on any claim that any record is exempt from public inspection or is confidential, proprietary or trade secret in nature; provided, however, that this provision does not limit any exemption to public inspection or copying to any such record. 12. Expense Fund - The Parties agree that in any negotiation every effort shall be made to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including attorneys' fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a fund sufficient to pay the full contingent fees of Local Governments is not created as part of a Settlement by a Pharmaceutical Supply Chain Participant, the Parties agree that an additional expense fund for attorneys who represent Local Governments (herein "Expense Fund") shall be created out of the City/County fund for the purpose of paying the hard costs of a litigating Local Government and then paying attorneys' fees. (a) The Source of Funds for the Expense Fund- Money for the Expense Fund shall be sourced exclusively from the City/County Fund. (b) The. Amount of the Expense Fund- The State recognizes the value litigating Local Governments bring to the State in connection with the Settlement because their participation increases the amount of Incentive Payments due from each Pharmaceutical Supply Chain Participant. In recognition of that value, the amount of funds that shall be deposited into the Expense Fund shall be contingent upon on the percentage of litigating Local Government participation in the Settlement, according to the following table: Litigating Local Amount that shall be Government Participation in paid into the Expense Fund the Settlement (by from (and as a percentage 1ercentage of the popylation) of) the City/County fund 96 to 100% ,__ ....---- 10% -- .. � m . 91 to 95% 7.5% 86 to 90% ---- 5% ------ ..... 85% 2.5% .® �_ Less than 85%_0%0 ._.. _ If fewer than 85% percent of the litigating Local Governments (by population) participate, then the Expense Fund shall not be funded, and this Section of the Agreement shall be null and void. (c) The Timing of Pa)Mients into theExpense „Fund- Although the amount of the Expense Fund shall be calculated based on the entirety of payments due to the City/County fund over a ten -to -eighteen -year period, the Expense Fund shall be funded entirely from payments made by Pharmaceutical Supply Chain Participants during the first two payments of the Settlement. Accordingly, to offset the amounts being paid from the 10 Page 1459 of 1515 City/County Fund to the Expense Fund in the first two years, Counties or Municipalities may borrow from the Regional Fund during the first two years and pay the borrowed amounts back to the Regional Fund during years three, four, and five. For the avoidance of doubt, the following provides an illustrative example regarding the calculation of payments and amounts that may be borrowed under the terms of this MOU, consistent with the provisions of this Section: Opioid Funds due to State of Florida and Local Governments (over 10 to 18 years): Litigating Local Government Participation: City/County Fund (over 10 to 18 years): Expense Fund (paid over 2 years): Amount Paid to Expense Fund in 1 st year: Amount Paid to Expense Fund in 2nd year Amount that may be borrowed from Regional Fund in 1 st year: Amount that may be borrowed from Regional Fund in 2nd year: Amount that must be paid back to Regional Fund in 3rd year: Amount that must be paid back to Regional Fund in 4th year: Amount that must be paid back to Regional Fund in 5th year: $1,000 100% $150 $15 $7.5 $7.5 $7.5 $7.5 $5 $5 $5 (d) Creation of and Jurisdiction over the Expggsq Fund- The Expense Fund shall be established, consistent with the provisions of this Section of the Agreement, by order of the Court. The Court shall have jurisdiction over the Expense Fund, including authority to allocate and disburse amounts from the Expense Fund and to resolve any disputes concerning the Expense Fund. (e) Allocation of„Pa rments_to Counsel from the Ex -1 ense Fund- As part of the order establishing the Expense Fund, counsel for the litigating Local Governments shall seek to have the Court appoint a third -neutral to serve as a special master for purposes of allocating the Expense Fund. Within 30 days of entry of the order appointing a special master for the Expense Fund, any counsel who intend to seek an award from the Expense Fund shall provide the copies of their contingency fee contracts to the special master. The special master shall then build a mathematical model, which shall be based on each litigating Local Government's share under the Negotiation Class Metrics and the rate set forth in their contingency contracts, to calculate a proposed award for each litigating Local Government who timely provided a copy of its contingency contract. 13. Dispute resolution- Any one or more of the Local Governments or the State may object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the distribution scheme as provided in paragraph,; (c) violates the limitations set forth herein with respect to administrative costs or the Expense Fund; or (d) to recover amounts advanced from the Regional Fund for the Expense Fund. There shall be no other basis for bringing an objection to the approval of an allocation or expenditure of Opioid Funds. In the event that there is a National Settlement Administrator or similar entity, the Local Governments sole action for non-payment of 11 Page 1460 of 1515 amounts due from the City/County Fund shall be against the particular settling defendant and/or the National Settlement Administrator or similar entity. C. Other Terms and Conditions 1. Governing Law and Venue: This Agreement will be governed by the laws of the State of Florida. Any and all litigation arising under the Agreement, unless otherwise specified in this Agreement, will be instituted in either: (a) the Court that enters the Order if the matter deals with a matter covered by the Order and the Court retains jurisdiction; or (b) the appropriate State court in Leon County, Florida. 2. Agreement Management and Notification: The Parties have identified the following individuals as Agreement Managers and Administrators: a. State of Florida A- -cement Manager: Greg Slemp PL -01, The Capitol, Tallahassee, FL 32399 850-414-3300 Greg. slemp@myfloridalegal.com b. State of Florida Agreement Administrator Janna Barineau PL -01, The Capitol, Tallahassee, FL 32399 850-414-3300 Janna.barineau@myfloridalegal.com C. Local Governments &,reement Man4ggrs and Administrators are listed on Exhibit C to this Agreement. Changes to either the Managers or Administrators may be made by notifying the other Party in writing, without formal amendment to this Agreement. 3. Notices. All notices required under the Agreement will be delivered by certified mail, return receipt requested, by reputable air courier, or by personal delivery to the designee identified in paragraphs C.2., above. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 4. Cooperation with Inspector General: Pursuant to section 20.055, Florida Statutes, the Parties, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. 12 Page 1461 of 1515 5. Public Records: The Parties will keep and maintain public records pursuant to Chapter 119, Florida Statutes and will comply will all applicable provisions of that Chapter. 6. Modification: This Agreement may only be modified by a written amendment between the appropriate parties. No promises or agreements made subsequent to the execution of this Agreement shall be binding unless express, reduced to writing, and signed by the Parties. 7. Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 8. Assignment: The rights granted in this Agreement may not be assigned or transferred by any party without the prior written approval of the other party. No party shall be permitted to delegate its responsibilities or obligations under this Agreement without the prior written approval of the other parties. 9. Additional Documents: The Parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be reasonably necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 10. Captions: The captions contained in this Agreement are for convenience only and shall in no way define, limit, extend or describe the scope of this Agreement or any part of it. 11. Entire Agreement: This Agreement, including any attachments, embodies the entire agreement of the parties. There are no other provisions, terms, conditions, or obligations. This Agreement supersedes all previous oral or written communications, representations or agreements on this subject. 12. Construction: The parties hereto hereby mutually acknowledge and represent that they have been fully advised by their respective legal counsel of their rights and responsibilities under this Agreement, that they have read, know, and understand completely the contents hereof, and that they have voluntarily executed the same. The parties hereto further hereby mutually acknowledge that they have had input into the drafting of this Agreement and that, accordingly, in any construction to be made of this Agreement, it shall not be construed for or against any party, but rather shall be given a fair and reasonable interpretation, based on the plain language of the Agreement and the expressed intent of the parties. 13. Capacity to Execute Agreement: The parties hereto hereby represent and warrant that the individuals signing this Agreement on their behalf are duly authorized and fully competent to do so. 13 Page 1462 of 1515 14. Effectiveness: This Agreement shall beconle effective oil the date on which the last required signature is affixed to this Agreement. IN WITNESS 'rH EREOF, the parties hereto have caused the Agreement to be executed by their undersigned officials as duly authorized. 14 11/15/2021 DATED 6ke(ICA Page 1463 of 1515 EXHIBIT A Page 1464 of 1515 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (`Core Strategies")[, such that a minimum of _% of the [aggregate] state -level abatement distributions shall be spent on [one or more of] them annually].' A. Naloxone or other FDA -approved drug to reverse opioid overdoses 1. Expand training for first responders, schools, community support groups and families, and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication -Assisted Treatment (`MAT") Distribution and other opioid -related treatment 1. Increase distribution of MAT to non -Medicaid eligible or uninsured individuals, 2. Provide education to school-based and youth -focused programs that discourage or prevent misuse, 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with other support services. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT") services to non - Medicaid eligible or uninsured pregnant women, 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder ("OUD") and other Substance Use Disorder ("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence -based and recovery support for NAS babies, 2. Expand services for better continuum of care with infant -need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. ' As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. Page 1465 of 1515 E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments, 2. Expand warm hand-off services to transition to recovery services, 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. , 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. F. Treatment for Incarcerated Population 1. Provide evidence -based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/N1H disorders within and transitioning out of the criminal justice system, and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence -based prevention programs in schools., 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing), 4. Funding for community drug disposal programs, and 5. Funding and training for first responders to participate in pre -arrest diversion programs, post - overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases. L Evidence -based data collection and research analyzing the effectiveness of the abatement strategies within the State. Page 1466 of 1515 EXHIBIT B Page 1467 of 1515 Schedule B Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MII) conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following:' 1. Expand availability of treatment for OUD and any co-occurring SUD/MII conditions, including all forms of Medication -Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence -based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MII conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MII conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based or evidence - informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/NIH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence -based withdrawal management services for people with OUD and any co- occurring mental health conditions. 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MII conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, 2 As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. Page 1468 of 1515 scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. [Intentionally Blank — to be cleaned up later for numbering] 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service -Opioids web -based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for or recovery from OUD and any co-occurring SUD/NII conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUDINTI conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUDINTI conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/NII conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/NII conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/NII conditions. 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/NII conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/NII conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/NII conditions. Page 1469 of 1515 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co- occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have — or at risk of developing — OUD and any co- occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically -appropriate follow-up care through a bridge clinic or similar approach. Page 1470 of 1515 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/NM conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid - related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MII conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non -profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/NM conditions. D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/NM conditions, including established strategies such as: a. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI), b. Active outreach strategies such as the Drug Abuse Response Team (DART) model, a. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services, d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or Page 1471 of 1515 f. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/NM conditions to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co-occurring SUD/NM conditions 4. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/NM conditions who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/NM conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual -diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal -justice -involved persons with OUD and any co-occurring SUD/NM conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/NM conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Support evidence -based or evidence -informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant — who have OUD and any co-occurring SUD/NM conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/NM conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/NM conditions. 4. Expand comprehensive evidence -based treatment and recovery support for NAS babies; expand services for better continuum of care with infant -need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. Page 1472 of 1515 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/NII conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUDINTI conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/NII conditions, including but not limited to parent skills training. 10. Support for Children's Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non -opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs, b. Improve point -of -care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or Page 1473 of 1515 c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take -back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction — including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 7. Engage non -profits and faith -based communities as systems to support prevention. 8. Fund evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 9. School-based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address Page 1474 of 1515 mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence- based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, individuals at high risk of overdose, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/N1H conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/N1H conditions. 13. Support screening for fentanyl in routine clinical toxicology testing Page 1475 of 1515 PART THREE: OTHER STRATEGIES L FIRST RESPONDERS In addition to items in sections C, D, and H relating to first responders, support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local, or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services; to support training and technical assistance; or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or visualize key opioid-related or health-related indicators and supports as identified through collaborative statewide, regional, local, or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/NM conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/NM conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDNIPs, etc.). L. RESEARCH Page 1476 of 1515 Support opioid abatement research that may include, but is not limited to, the following 1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non -opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. Page 1477 of 1515 EXHIBIT C Page 1478 of 1515 County Allocated Subdivisions Regional % by County for Abatement Fund City/County Fund % Alachua 1.241060164449% Alachua County 0.821689546303% Alachua 0.013113332457% Archer 0.000219705515% Gainesville 0.381597611347% Hawthorne 0.000270546460% High Springs 0.011987568663% La Crosse 0.000975056706% Micanopy 0.002113530737% Newberry 0.006102729215% Waldo 0.002988721299% Baker 0.193173804130% Baker County 0.169449240037% Glen St. Mary 0.000096234647% Macclenny 0.023628329446% Bay 0.839656373312% Bay County 0.508772605155% Callaway 0.024953825527% Lynn Haven 0.039205632015% Mexico Beach 0.005614292988% Panama City 0.155153855596% Panama City Beach 0.080897023117% Parker 0.008704696178% Springfield 0.016354442736% Bradford 0.189484204081% Bradford County 0.151424309090% Brooker 0.000424885045% Hampton 0.002839829959% Lawtey 0.003400896108% Starke 0.031392468132% Brevard 3.878799180444% Brevard County 2.323022668525% Cape Canaveral 0.045560750209% Page 1479 of 1515 Cocoa 0.149245411423% Cocoa Beach 0.084363286155% Grant-Valkaria 0.000321387406% Indialantic 0.024136738902% Indian Harbour Beach 0.021089913665% Malabar 0.002505732317% Melbourne 0.383104682233% Melbourne Beach 0.012091066302% Melbourne Village 0.003782203200% Palm Bay 0.404817397481% Palm Shores 0.000127102364% Rockledge 0.096603243798% Satellite Beach 0.035975416224% Titusville 0.240056418924% West Melbourne 0.051997577066% Broward 9.057962672578% Broward County 3.966403576878% Coconut Creek 0.101131719448% Cooper City 0.073935445073% Coral Springs 0.323406517664% Dania Beach 0.017807041180% Davie 0.266922227153% Deerfield Beach 0.202423224725% Fort Lauderdale 0.830581264531% Hallandale Beach 0.154950491814% Hillsboro Beach 0.012407006463% Hollywood 0.520164608456% Lauderdale -By -The -Sea 0.022807611325% Lauderdale Lakes 0.062625150435% Lauderhill 0.144382838130% Lazy Lake 0.000021788977% Lighthouse Point 0.029131861803% Margate 0.143683775129% Miramar 0.279280208419% North Lauderdale 0.066069624496% Page 1480 of 1515 Page 1481 of 1515 Oakland Park 0.100430840699% Ocean Breeze 0.005381877237% Parkland 0.045804060448% Pembroke Park 0.024597938908% Pembroke Pines 0.462832363603% Plantation 0.213918725664% Pompano Beach 0.335472163493% Sea Ranch Lakes 0.005024174870% Southwest Ranches 0.025979723178% Sunrise 0.286071106146% Tamarac 0.134492458472% Weston 0.138637811283% West Park 0.029553115352% Wilton Manors 0.031630331127% Calhoun 0.047127740781% Calhoun County 0.038866087128% Altha 0.000366781107% Blo u ntstow n 0.007896688293% Charlotte 0.737346233376% Charlotte County 0.690225755587% Punta Gorda 0.047120477789% Citrus 0.969645776606% Citrus County 0.929715661117% Crystal River 0.021928789266% Inverness 0.018001326222% Clay 1.193429461456% Clay County 1.055764891131% Green Cove Springs 0.057762577142% Keystone Heights 0.000753535443% Orange Park 0.078589207339% Penney Farms 0.000561066149% Collier 1.551333376427% Collier County 1.354673336030% Everglades 0.000148891341% Marco Island 0.062094952003% Page 1481 of 1515 Page 1482 of 1515 Naples 0.134416197054% Columbia 0.446781150792% Columbia County 0.341887201373% Fort White 0.000236047247% Lake City 0.104659717920% DeSoto 0.113640407802% DeSoto County 0.096884684746% Arcadia 0.016755723056% Dixie 0.103744580900% Dixie County 0.098822087921% Cross City 0.004639236282% Horseshoe Beach 0.000281440949% Duval 5.434975156935% Jacksonville 5.270570064997% Atlantic Beach 0.038891507601% Baldwin 0.002251527589% Jacksonville Beach 0.100447182431% Neptune Beach 0.022814874318% Escambia 1.341634449244% Escambia County 1.005860871574% Century 0.005136751249% Pensacola 0.330636826421% Flagler 0.389864712244% Flagler Counry 0.279755934409% Beverly Beach 0.000154338585% Bunnell 0.009501809575% Flagler Beach 0.015482883669% Marineland 0.000114392127% Palm Coast 0.084857169626% Franklin 0.049911282550% Franklin County 0.046254365966% Apalachicola 0.001768538606% Carabelle 0.001888377978% Gadsden 0.123656074077% Gadsden County 0.090211810642% Page 1482 of 1515 Page 1483 of 1515 Chattahoochee 0.004181667772% Greensboro 0.000492067723% Gretna 0.002240633101% Havana 0.005459954403% Midway 0.001202025213% Quincy 0.019867915223% Gilchrist 0.064333769355% Gilchrist County 0.061274233881% Bell 0.000099866143% Fanning Springs 0.000388570084% Trenton 0.002571099247% Glades 0.040612836758% Glades County 0.040420367464% Moore Haven 0.000192469294% Gulf 0.059914238588% Gulf County 0.054715751905% Port St. Joe 0.004817179591% W ewa h itch ka 0.000381307092% Hamilton 0.047941195910% Hamilton County 0.038817061931% Jasper 0.004869836285% Jennings 0.002623755940% White Springs 0.001630541754% Hardee 0.067110048132% Hardee County 0.058100306280% Bowling Green 0.001797590575% W a u ch u la 0.006667426860% Zolfo Springs 0.000544724417% Hendry 0.144460915297% Hendry County 0.122147187443% Clewiston 0.017589151414% LaBelle 0.004724576440% Hernando 1.510075949110% Hernando County 1.447521612849% Brooksville 0.061319627583% Page 1483 of 1515 Page 1484 of 1515 Weeki Wachee 0.001234708678% Highlands 0.357188510237% Highlands County 0.287621754986% Avon Park 0.025829016090% Lake Placid 0.005565267790% Sebring 0.038172471371% Hillsborough 8.710984113657% Hillsborough County 6.523111204400% Plant City 0.104218491142% Tampa 1.975671881253% Temple Terrace 0.107980721113% Holmes 0.081612427851% Holmes County 0.066805002459% Bonifay 0.006898026863% Esto 0.006269778036% Noma 0.001278286631% Ponce de Leon 0.000179759057% Westville 0.000179759057% Indian River 0.753076058781% Indian River County 0.623571460217% Fellsmere 0.004917045734% Indian River shores 0.025322422382% Orchid 0.000306861421% Sebastian 0.038315915467% Vero Beach 0.060642353558% Jackson 0.158936058795% Jackson County 0.075213731704% Alford 0.000303229925% Bascom 0.000061735434% Campbellton 0.001648699234% Cottondale 0.001093080329% Graceville 0.002794436257% Grandridge 0.000030867717% Greenwood 0.001292812616% Jacob City 0.000481173235% Page 1484 of 1515 Page 1485 of 1515 Malone 0.000092603151% Marianna 0.073519638768% Sneads 0.002404050426% Jefferson 0.040821647784% Jefferson County 0.037584169001% Monticello 0.003237478783% Lafayette 0.031911772076% Lafayette County 0.031555885457% Mayo 0.000355886619% Lake 1.139211224519% Lake County 0.757453827343% Astatula 0.002727253579% Clermont 0.075909163209% Eustis 0.041929254098% Fruitland Park 0.008381493024% Groveland 0.026154034992% Howey-In-The-Hills 0.002981458307% Lady Lake 0.025048244426% Leesburg 0.091339390185% Mascotte 0.011415608025% Min neo la 0.016058475803% M ontverde 0.001347285057% Mount Dora 0.041021380070% Tavares 0.031820984673% Umatilla 0.005623371728% Lee 3.325371883359% Lee County 2.115268407509% Bonita Springs 0.017374893143% Cape Coral 0.714429677167% Estero 0.012080171813% Fort Myers 0.431100350585% Fort Myers Beach 0.000522935440% Sanibel 0.034595447702% Leon 0.897199244939% Leon County 0.471201146391% Page 1485 of 1515 Page 1486 of 1515 Tallahassee 0.425998098549% Levy 0.251192401748% Levy County 0.200131750679% Bronson 0.005701448894% Cedar Key 0.005180329202% Chiefland 0.015326729337% Fanning Springs 0.000808007885% Inglis 0.004976965420% Otter Creek 0.000408543312% Williston 0.017774357715% Yankeetown 0.000884269303% Liberty 0.019399452225% Liberty County 0.019303217578% Bristol 0.000096234647% Madison 0.063540287455% Madison County 0.053145129837% Greenville 0.000110760631% Lee 0.000019973229% Madison 0.010264423758% Manatee 2.721323346235% Manatee County 2.201647174006% Anna Maria 0.009930326116% Bradenton 0.379930754632% Bradenton Beach 0.014012127744% Holmes Beach 0.028038781473% Longboat Key 0.034895046131% Palmetto 0.052869136132% Marion 1.701176168960% Marion County 1.303728892837% Belleview 0.009799592256% D u n ne l to n 0.018400790795% McIntosh 0.000145259844% Ocala 0.368994504094% Reddick 0.000107129135% Martin 0.869487298116% Page 1486 of 1515 Martin County 0.750762795758% Jupiter Island 0.020873839646% Ocean Breeze Park 0.008270732393% Sewall's Point 0.008356072551% Stuart 0.081223857767% Miami-Dade 5.232119784173% Miami-Dade County 4.282797675552% Aventura 0.024619727885% Bal Harbour 0.010041086747% Bay Harbor Islands 0.004272455175% Biscayne Park 0.001134842535% Coral Gables 0.071780152131% Cutler Bay 0.009414653668% Doral 0.013977628531% EI Portal 0.000924215760% Florida City 0.003929278792% Golden Beach 0.002847092951% Hialeah 0.098015895785% Hialeah Gardens 0.005452691411% Homestead 0.024935668046% Indian Creek 0.002543863026% Key Biscayne 0.013683477346% Medley 0.008748274131% Miami 0.292793005448% Miami Beach 0.181409572478% Miami Gardens 0.040683650932% Miami Lakes 0.007836768608% Miami Shores 0.006287935516% Miami Springs 0.006169911893% North Bay Village 0.005160355974% North Miami 0.030379280717% North Miami Beach 0.030391990953% Opa-locka 0.007847663096% Palmetto Bay 0.007404620570% Pinecrest 0.008296152866% Page 1487 of 1515 Page 1488 of 1515 South Miami 0.007833137111% Sunny Isles Beach 0.007693324511% Surfside 0.004869836285% Sweetwater 0.004116300842% Virginia Gardens 0.001172973244% West Miami 0.002654623657% Monroe 0.476388738585% Monroe County 0.330124785469% Islamorada 0.022357305808% Key Colony Beach 0.004751812661% Key West 0.088087385417% Layton 0.000150707089% Marathon 0.030916742141% Nassau 0.476933463002% Nassau County 0.392706357951% Callahan 0.000225152759% Fernandina Beach 0.083159445195% Hillard 0.000842507098% Okaloosa 0.819212865955% Okaloosa County 0.612059617545% Cinco Bayou 0.000733562214% Crestview 0.070440130066% Destin 0.014678507281% Fort Walton Beach 0.077837487644% Laurel Hill 0.000079892914% Mary Esther 0.009356549730% Niceville 0.021745398713% Shalimar 0.001824826796% Valparaiso 0.010456893052% Okeechobee 0.353495278692% Okeechobee County 0.314543851405% Okeechobee 0.038951427287% Orange 4.671028214546% Orange County 3.063330386979% Apopka 0.097215150892% Page 1488 of 1515 Bay Lake 0.023566594013% Belle Isle 0.010798253686% Eatonville 0.008325204835% Edgewood 0.009716067845% Lake Buena Vista 0.010355211161% Maitland 0.046728276209% Oakland 0.005429086686% Ocoee 0.066599822928% Orlando 1.160248481490% Windem ere 0.007548064667% Winter Garden 0.056264584996% Winter Park 0.104903028159% Osceola 1.073452092940% Osceola County 0.837248691390% Kissimmee 0.162366006872% St. Cloud 0.073837394678% Palm Beach 8.601594372053% Palm Beach County 5.552548475026% Atlantis 0.018751230169% Belle Glade 0.020828445945% Boca Raton 0.472069073961% Boynton Beach 0.306498271771% Briny Breezes 0.003257452012% Cloud Lake 0.000188837798% Delray Beach 0.351846579457% Glen Ridge 0.000052656694% Golf 0.004283349663% Greenacres 0.076424835657% Gulf Stream 0.010671151322% Haverhill 0.001084001589% Highland Beach 0.032510968934% Hypoluxo 0.005153092982% Juno Beach 0.016757538804% Jupiter Island 0.125466374888% Jupiter Inlet Colony 0.005276563849% Page 1489 of 1515 Lake Clarke Shores 0.007560774903% Lake Park 0.029433275980% Lake Worth 0.117146617298% Lantana 0.024507151505% Loxahatchee Groves 0.002531152789% Manalapan 0.021632822333% Mangonia Park 0.010696571795% North Palm Beach 0.044349646256% Ocean Ridge 0.012786497807% Pahokee 0.004018250447% Palm Beach 0.185476848123% Palm Beach Gardens 0.233675880257% Palm Beach Shores 0.014135598612% Palm Springs 0.038021764282% Riviera Beach 0.163617057282% Royal Palm Beach 0.049295743959% South Bay 0.001830274040% South Palm Beach 0.005866681967% Tequesta 0.031893614595% Wellington 0.050183644758% West Palm Beach 0.549265602541% Pasco 4.692087260494% Pasco County 4.319205239813% Dade City 0.055819726723% New Port Richey 0.149879107494% Port Richey 0.049529975458% San Antonio 0.002189792155% St. Leo 0.002790804761% Zephyrhills 0.112672614089% Pinellas 7.934889816777% Pinellas County 4.546593184553% Belleair 0.018095745121% Belleair Beach 0.004261560686% Belleair Bluffs 0.007502670965% Belleair Shore 0.000439411029% Page 1490 of 1515 Clearwater 0.633863120196% Dunedin 0.102440873796% Gulfport 0.047893986460% Indian Rocks Beach 0.008953453662% Indian Shores 0.011323004874% Kenneth City 0.017454786058% Largo 0.374192990777% Madeira Beach 0.022616957779% North Reddington Beach 0.003820333909% Oldsmar 0.039421706033% Pinellas Park 0.251666311991% Redington Beach 0.003611522882% Redington Shores 0.006451352841% Safety Harbor 0.038061710740% Seminole 0.095248695748% South Pasadena 0.029968921656% St. Pete Beach 0.071791046619% St. Petersburg 1.456593090134% Tarpon Springs 0.101970595050% Treasure Island 0.040652783215% Polk 2.150483025298% Polk County 1.558049828484% Auburndale 0.028636162584% Bartow 0.043971970660% Davenport 0.005305615818% Dundee 0.005597951255% Eagle Lake 0.002580177987% Fort Meade 0.007702403251% Frostproof 0.005857603227% Haines City 0.047984773863% Highland Park 0.000063551182% Hillcrest Heights 0.000005447244% Lake Alfred 0.007489960729% Lake Hamilton 0.002540231530% Lakeland 0.294875668468% Page 1491 of 1515 Page 1492 of 1515 Lake Wales 0.036293172134% Mulberry 0.005414560702% Polk City 0.001080370093% Winter Haven 0.097033576087% Putnam 0.384893194068% Putnam County 0.329225990182% Crescent City 0.005561636294% Interlachen 0.001877483489% Palatka 0.046955244716% Pomona Park 0.000379491344% Welaka 0.000893348043% Santa Rosa 0.701267319513% Santa Rosa County 0.592523984216% Gulf Breeze 0.061951507906% Jay 0.000159785829% Milton 0.046632041562% Sarasota 2.805043857579% Sarasota County 1.924315263251% Longboat Key 0.044489458856% North Port 0.209611771277% Sarasota 0.484279979635% Venice 0.142347384560% Seminole 2.141148264544% Seminole County 1.508694164839% Altamonte Springs 0.081305566430% Casselberry 0.080034542791% Lake Mary 0.079767627827% Longwood 0.061710013415% Oviedo 0.103130858057% Sanford 0.164243490362% Winter Springs 0.062262000824% St. Johns 0.710333349554% St. Johns County 0.656334818131% Hastings 0.000010894488% Marineland 0.000000000000% Page 1492 of 1515 Page 1493 of 1515 St. Augustine 0.046510386442% St. Augustine Beach 0.007477250493% St. Lucie 1.506627843552% St. Lucie County 0.956156584302% Fort Pierce 0.159535255654% Port St. Lucie 0.390803453989% St. Lucie Village 0.000132549608% Sumter 0.326398870459% Sumter County 0.302273026046% Bushnell 0.006607507174% Center Hill 0.001312785844% Coleman 0.000748088199% Webster 0.001423546476% Wildwood 0.014033916721% Suwannee 0.191014879692% Suwannee County 0.161027800555% Branford 0.000929663004% Live Oak 0.029057416132% Taylor 0.092181897282% Taylor County 0.069969851319% Perry 0.022212045963% Union 0.065156303224% Union County 0.063629259109% Lake Butler 0.001398126003% Raiford 0.000012710236% Worthington Springs 0.000116207876% Volusia 3.130329674480% Volusia County 1.708575342287% Daytona Beach 0.447556475212% Daytona Beach Shores 0.039743093439% DeBary 0.035283616215% DeLand 0.098983689498% Deltona 0.199329190038% Edgewater 0.058042202343% Flagler Beach 0.000223337011% Page 1493 of 1515 Holly Hill 0.031615805143% Lake Helen 0.004918861482% New Smyrna Beach 0.104065968306% Oak Hill 0.004820811087% Orange City 0.033562287058% Ormond Beach 0.114644516477% Pierson 0.002333236251% Ponce Inlet 0.023813535748% Port Orange 0.177596501562% South Daytona 0.045221205323% Wakulla 0.115129321208% Wakulla County 0.114953193647% Sopchoppy 0.000107129135% St. Marks 0.000068998426% Walton 0.268558216151% Walton County 0.224268489581% DeFuniak Springs 0.017057137234% Freeport 0.003290135477% Paxton 0.023942453860% Washington 0.120124444109% Washington County 0.104908475404% Caryville 0.001401757499% Chipley 0.012550450560% Ebro 0.000221521263% Vernon 0.000361333863% Wausau 1 0.000680905521% 100.00% 100.00% Page 1494 of 1515 EXHIBIT C Page 1495 of 1515 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (`Core Strategies")[, such that a minimum of _% of the [aggregate] state -level abatement distributions shall be spent on [one or more of] them annually].' A. Naloxone or other FDA -approved drug to reverse opioid overdoses 1. Expand training for first responders, schools, community support groups and families, and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication -Assisted Treatment (`MAT") Distribution and other opioid -related treatment 1. Increase distribution of MAT to non -Medicaid eligible or uninsured individuals, 2. Provide education to school-based and youth -focused programs that discourage or prevent misuse, 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with other support services. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT") services to non - Medicaid eligible or uninsured pregnant women, 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder ("OUD") and other Substance Use Disorder ("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence -based and recovery support for NAS babies, 2. Expand services for better continuum of care with infant -need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. ' As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. Page 1496 of 1515 E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments, 2. Expand warm hand-off services to transition to recovery services, 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. , 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. F. Treatment for Incarcerated Population 1. Provide evidence -based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/N1H disorders within and transitioning out of the criminal justice system, and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence -based prevention programs in schools., 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing), 4. Funding for community drug disposal programs, and 5. Funding and training for first responders to participate in pre -arrest diversion programs, post - overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases. L Evidence -based data collection and research analyzing the effectiveness of the abatement strategies within the State. Page 1497 of 1515 13.A. Future Agenda Items 3/11/2022 Requested Action by Commission: School Board Member Erica Whitfield to present the 2021-2022 School Year State of Education Report to the City Commission. - March 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 1498 of 1515 13. B. Future Agenda Items 3/11/2022 Requested Action by Commission: Florida Senator Lori Berman to provide a recap of the 2022 Legislative Session. - March 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 1499 of 1515 13.C. Future Agenda Items 3/11/2022 Requested Action by Commission: Development staff will provide the City Commission an update on the SagesGov E -Permitting project implementation. - March 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 1500 of 1515 13.D. Future Agenda Items 3/11/2022 Requested Action by Commission: Announce awards received for Town Square facilities - March 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 1501 of 1515 13. E. Future Agenda Items 3/1/2022 Requested Action by Commission: Consider Draft Ordinance Creating a Citizen's Engagement Committee - March 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 1502 of 1515 13.F. Future Agenda Items 3/1/2022 City of Boynton Beach '• Agenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD Explanation of Request: On July 19, 2021, the City received a letter of intent (see attached Exhibit "A") to purchase the vacant 3.62 acre parcel adjacent to Leisureville and west of SW 8th Street. Property Property Control Number Address or Legal Description PBC Property Appraiser Assessed Value Zoning 29-45-43, E 330.70 FT OF W LY 660.16 FT OF SLY 08-43-45-29-00-000-1040 672.12 FT OF NLY 1252.12 R1 AA -Single 1 FT (LESS N 499.34 FT OF $271,500 Family E 126.90 FT) OF TH PT OF NE 1/4LYGSOFSR 804 According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. Additionally, members of staff have researched other municipal disposition processes and have attached sample code language (see attached Exhibit "B") to discuss potential changes. How will this affect city programs or services? Disposition of the property may provide new housing in the City and reduce the number of vacant parcels currently being maintained by the City. Fiscal Impact: The sale of the property can potentially increase the City's tax base (new housing) and reduce the maintenance costs associated with vacant lots. The City spent approximately $10,000 last year for the maintenance of the parcel which includes: Lot mowing, trash removal, and tree trimming. Alternatives: Reject the letter of intent. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 1503 of 1515 Is this a grant? Grant Amount: Attachments: Type Ddhilblit 11 ocafion IMalp Alta clhirneint Ddhilblit Description 11 efteir (.)i 11 intent (IDdhilblit ""All") 11 ocafion IMalp Flirolpeirty IDeLilill Sairnple IlMUnliclilpallDisposlifion C.ode 11 aingUage (E)dhilblit "B') Page 1504 of 1515 LETTER OF INTENT TO PURCHASE REAL PROPERTY July 19, 2021 Alan Sperling Alan Sperling LLC. RE: Proposed purchase of CITY OF BOYNTON BEACH: PARCEL ID 08-43-45-29-00-000-1040 This letter constitutes an outline of a proposed transaction between CITY OF BOYNTON BEACH (Seller) and ALAN SPERLING LLC (Buyer), encompassing all land and improvements described below (The Property), the terms of which are intended to be embodied in a formal Agreement of Purchase and Sale (The Agreement) to be submitted by the Buyer. The terms proposed for the Agreement will include, but are not limited to, the following: LEGAL DESCRIPTIONS Proposed Purchase: CITY OF BOYNTON BEACH: PARCEL ID 08-43-45-29-00-000-1040 Purchase Price:The purchase price for the property shall be $300K INCLUDING PROPOSED PUBLIC ROAD CONNECTING ALL CITY DEAD END STREETS RUNNING PARRALEL TO OUR SITES FROM THE FUTHURST SOUTH POINT TO THE MOST NORTHERN CLOSEST TO BOYNTON BEACH BLVD Initial Deposit: Simultaneously with the execution of the Agreement, Buyer shall place with Anaheim Properties, Inc. (as Escrow Agent) an initial deposit at contract of $25K Title and Survey: Ten (10) days after the execution of the Agreement, Seller shall deliver to Buyer a current ALTA survey of the property and a title insurance commitment from a nationally recognized title insurance company in the amount of the Purchase Price. Inspection: Buyer shall have NINETY-120DAYS, (90-120) Days after the execution of the Agreement (the Inspection Period) to conduct, at Buyer's expense, whatever reasonable investigations, analyses and studies of the Property that Buyer deems appropriate. At any time and for any reason during the Inspection Period, Buyer may by giving of written notice to Seller and Escrow Agent, terminate the Agreement and receive the return of his Deposit without and Interest or Deductions. If Buyer elects to proceed with the transaction, Buyer shall Deposit an additional $25K with the Escrow Agent within (5) Business days after the expiration of the Inspection Period. Seller agrees to provide such information as may be required by the Buyer. Representation & Warranties: The Agreement shall contain representations and Warranties of Seller customarily provided by sellers in transactions of this nature. Date of Closing: Closing shall take place no later than THIRTY (30) days following completion of the Inspection Period by the Buyer. Closing shall take place in Palm Beach County. Page 1505 of 151 Access: Buyer, by appointment only, shall have full access to the Property prior to Closing for the purpose of conducting all studies and surveys required by Buyer. To the extent of the deposit, Buyer will hold Seller harmless from and indemnify Seller against any liability or loss by virtue of such entry. Assignability: Buyer reserves the right to assign the Agreement to any entity owned or controlled by or affiliated with Buyer or its principals. Zoning: The Agreement shall be contingent on the Property being properly zoned for the buyers use. Other Provisions: The Agreement shall contain other provisions dealing with such matters as allocation of closing expenses, conditions of closing, delivery of possession, examination of title, prorations of rents and taxes, transfer of Leases, if necessary, warranties and representations of Seller with respect to the Property, and other matters typically found in transactions of this nature. Expenses shall be borne as follows: REQUIREMENT RESPONSIBILITY Survey Title Search Title Insurance Commitment and Policy Documentary Stamps and Surtax Inspection Costs Attorneys' Fees Hazardous Waste Studies Seller Seller Seller Seller Buyer Each pays Own Buyer as to Phase I Seiler as to Phase II, (if necessary) Binding Agreement: It is understood and agreed that this letter is merely a non-binding summary of the terms of a proposed transaction and, while we agree in principle to these terms and conditions and agree to proceed promptly and in good faith to work out a definitive agreement for the transaction, any legal obligations shall arise only as set forth in an executed Agreement signed by both parties. The Agreement shall be in form and substance satisfactory to both of us and will contain all usual and appropriate covenants and conditions. Validity: This proposal shall be valid until AUGUST 1ST, 2021. Per: ALAN SPERLING LLC ACCEPTED AND AGREED TO: By Print name: Title: _ Dated: MIMI Page 1506 of 151 711912021 https://www.pbcgay.org/papa/AspsIPropertyDetaii/PrinterfriendlyPropertyPrint.aspx?parcel=08434529000001040 ;Property Detail.. 1n.........._ ................ .........._.. ......w._w._.........,......_....._....... _,_�, Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-29-00-000-1040 Subdivision Official Records Book 06652 Page 1315 Sale Date NOV-1990 Legal Description 29-45-43, L 330.70 FT OF WILY 660.16 FT OF SLY 672.12 FT OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG 5 OF SR 804 Owner Information Owners BOYNTON BEACH CITY OF SalesInformation.._._......................__.M....._..__..__.._._.._....._._.............................. Sales Date Price OR Book/Page NOV-1990 $100 06652 / 01315 ;Exemption Information Applicant/Owner Year 2021 Mailing address PO BOX 310 BOYNTON BEACH FL 33425 0310 Sale Type WARRANTY DEED Detail Appraisals Tax Year 2020 2019 improvement Value $0 $0 Land Value $271,500 5271 ,500 Total Market Value $271,500 S271,500 AR values are as of January 7 s each year Assessed and Taxable Values Tax Year 2020 2019 Assessed Value $271,500 $271,500 Exemption Amount 8271, 500 $271, 500 Tom. W= V=1i is to $0 Taxes Owner Page 1507 of 151 if ,)II, l�lf� na 1508 of 1515 PAPA Banner l oic,atmm.mmm Addimss SlmualimwiiillCamlllm�y BOYNTON BEACH Emarcclll t oiiiimhm.mlll Ilmaiuiialer, 08-43-45-29-00-000-1040 Snmilnmlln iii^; iiimmmin OltourmalllE.n im.m.mmnh Em.mm.mlllm,: 06652 Emxgc1315 Sale Date NOV-1990 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT I vgAa Um icmilptilim.mmim OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG S OF SR 804 - - - Malliiiming anlmlun,ss Ilmmivrs PO BOX 310 BOYNTON BEACH CITY OF - BOYNTON BEACH FL 33425 0310 Sallks Date I�riiillmv OR Pm.mm.mlllm�"llhxgn° Sallk I"%Iv Ilmmivr, NOV-1990 $100 06652 / 01315 WARRANTY DEED Lanmmmptmm.mmnWar Dee. iiil BOYNTON BEACH CITY OF 2021 FULL MUNICIPAL GOVERNMENT LL I"m.m�alll 0 I�dmmmmmlmmm m�ml Llmnm�.' 0 n' Il�nn� n um mm licsv �� 3.62 8900- RIAA- RIAA SINGLEFAMILY, 5.5 DU/AC Use m.mnla. MUNICIPAL Sim°immmnS (08-BOYNTON BEACH) I"aa Sn a m 2020 "ill l ml 201.14". lmmmpmm.mananemimt Valtic $0 $0 $0 l,amai;l Valmamc $271,500 $271,500 $271,500 I"m.w Aa Mar°lli:nm Valtic $271,500 $271,500 $271,500 All values are as of January 1 st each year I"aa Sn a m° 2020 201 ml 201 14 Assessed Valtic $271,500 $271,500 $271,500 Exc mmmlmtlm.mmim ARnomuummt. $271,500 $271,500 $271,500 I"aaallmin Valtic $0 $0 $0 I"aa Sn a m° 2020 201 ml 20114 Ad VaIllm.mmviii nim $0 $0 $0 dm.mmn Ad VaIllm.mmvminim $0 $0 $0 I"mmtalll taros $0 $0 $0 Page 1509 of 151 Disposal of city real property. (a) Power to sell. The City Commission may authorize by Resolution the sale, transfer, and swap any real property, improved or unimproved, now owned or hereafter acquired by or owned by the city, as provided herein. These procedures supplement any other procedures that may now or in the future be applicable as provided by law or regulation. (b) Disposal of property which is sufficient in size and of such character as to comprise an independent building site and which will involve a conveyance of the city's fee simple interest. These parcels typically enjoy access to a public right-of-way, and are developable as building sites. (1) Resolution declaring surplus. Before any improved or unimproved property owned by the city shall be sold or otherwise disposed of pursuant to this subsection (b), the governing body shall adopt a resolution declaring same surplus. (2) Determination concerning surplus. a. The city governing body shall review and consider the following: 1. The legal description (by reference to a recorded plat or government survey); 2. The property address by street number, if there be any; 3. A description of all improvements located upon the land; 4. How said land has been used since same has belonged to the city; 5. The current use of the property; 6. How the property was acquired and financed; 7. The needs of the city; 8. Whether disposal is consistent with the city comprehensive plan; 9. The estimated property value; 10. Any relevant property history; 11. The property's title; and 12. Whether the disposal of the property is precluded by grant provisions of other agencies. (3) Public hearing. The city governing body shall hold one (1) public hearing prior to adopting a resolution declaring property as surplus. An advertisement for such public hearing shall appear once in a newspaper of general circulation at least ten (10) days prior to the hearing. The advertisement will contain the resolution title and the date, time and place of the hearing. The city clerk shall advertise the proposed resolution for public hearing by placing it on the city council agenda and posting such agenda at least three (3) business days prior to the city council meeting. (4) When appraisals are needed. a. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by two (2) independent appraisers, who are designated members of the Appraisal Institute, if the property is estimated to have a value that exceeds one million dollars ($1,000,000.00). b. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by one (1) independent appraiser, who is designated member of the Appraisal Institute, if the property is estimated to have a value between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00). c. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) with an estimated value below five hundred thousand dollars ($500,000.00) shall not require an appraisal. 100460579.1306-90018211 Page 1510 of 1515 Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: Where the city acquired the property from Palm Beach County as a result of the tax sale process and is returning such asset to the former owner or its successors and assigns; 2. Where the city transfers the property to another governmental entity or agency; or 3. Where the city is exchanging such real property with the private sector for a replacement parcel determined by the city governing body to have similar utility and where the public interests would be served. (5) Methods of disposal. a. Methods. The city may dispose of property pursuant to this subsection (b) utilizing the following methods: negotiation, trade with other governmental entities or agencies, request for letters of intent, sealed bids, or request for proposals. The city may retain professional real estate services to aid in the disposal of property. 1. Negotiation. The city may negotiate the sale of real property with a particular person or entity, and no further advertising will be needed to effect a transfer. 2. Sealed bids, requests for letters of intent, and request for proposals. At any time no more than ninety (90) days after adoption of resolution declaring the property surplus, the land may be offered for public disposition, and a notice shall be published by the city in a newspaper of general circulation in the city once not less than ten (10) days before sealed bids, letters of intent, or proposals are due. The notice shall state, at a minimum, the date when sealed bids, letters of intent, or proposals shall be received and whether the sale is with or without reservation. Sealed bids, letters of intent, and proposals shall be received accompanied by cashier's checks or certified checks payable to the city in an amount equal to at least ten (10) percent of the disposition price. 3. Transfer to governmental agencies. The city may sell or transfer any of its property to any other governmental agency, if the city governing body determines that: i. A transfer of the property to the other governmental agency shall provide a benefit to the city; and ii. That the terms received by the city are fair and equitable. 4. Land swap with any private or public land owner provided the properties are appraised at substantially the same value. In determining substantial value the City may take into consideration the potential increase in value following the swap. (6) Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as authorized in this subsection (b), shall be deposited in the general fund of the city, or such other fund or account of the city as is determined by the finance director. (7) Conveyance. In order to convey property pursuant to this subsection (b) the city governing body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything possibly to the contrary, the city may reject any and all offers, bids, letters of intent, or proposals, or terminate negotiations at any time and choose not to dispose of property, and nothing shall obligate the city governing body to adopt any necessary resolution. 100460579.1306-90018211 Page 1511 of 1515 13.G. Future Agenda Items 3/1/2022 Requested Action by Commission: Proposed Ordinance No. 21-025 First Reading. Approve DevelopmentAgreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1512 of 1515 13. H. Future Agenda Items 3/11/2022 Requested Action by Commission: Discuss Building Safety Inspection Program- (Pending outcome of 2022 legislative session) 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 1513 of 1515 13.1. Future Agenda Items 3/11/2022 Requested Action by Commission: Discuss the ne)d steps for implementation of City Ordinance No. 21- 012 prohibiting the use and distribution of polystyrene foam ("Styrofoam") food ware, unencapsulated polystyrene foam products, balloons, and confetti on City property. - 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 1514 of 1515 13.J. Future Agenda Items 3/11/2022 Requested Action by Commission: Possible Land Swap with St. Mark's Catholic Church - 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 1515 of 1515 YKe A'v �c� tW i ' U l l�muj & Swanson, Lynn 3//po,A,2 0`"'v:5SW ifklee4t From: Candy Killian <killian7k2@bellsouth.net> Sent: Friday, February 25, 2022 4:14 PM To: Bradley Miller Cc: 'Linda Morton';j.hoffberger@icloud.com; 'Mary Killian'; crico12666@yahoo.com; 'Tom Ward'; Kim Beaumont; gwolfden52@gmail.com; etitusk@aol.com; dreriksdmd@gmail.com; Radigan, Amanda; Bencosme, Luis; Rumpf, Michael; careyjean13@aol.com; Romelus, Christina; Penserga, Ty; Hay, Woodrow L.; Katz, Justin; Grant, Steven; court@redbarad.com; saradon48@gmail.com; LaVerriere, Lori; Cherof, Jim; 'Candy Killian'; 'Shirley Cassa' Subject: 1320 S. Federal Highway I Project Update Attachments: 2022-02-22 Site Plan.pdf; 2022-02-22 Neighborhood Revisions H.pdf; 2022-03-01 Conditions.pdf; Sec. 3 Special Reduction in Required Parking.pdf Bradley" Thank you for your work on this project. In reading this it appears that in order to eliminate only 3 parallel parking spaces on Riviera Drive that the uses of the site will be changed from medical/other business to office and retail allowing a restaurant/deli/food service which in turn would then omit the previously agreed upon 8 Conditions of approval by changing the uses AND removing the stipulation of hours of operation from 8-7 Monday through Saturday. This is unacceptable. The conditions were discussed and agreed upon and the on street parking was the ONLY issue to be addressed. Now we find ourselves in what I believe is an even worse situation in that a deli/restaurant/food service will attract a lot more traffic, pedestrian and vehicular. There will be more opportunity for people to hang out outside the site, or even have seating outside. Additionally, I believe that a dumpster may be required if you have food service on site, and we had agreed on no dumpsters. Additionally, there is a KWIK STOP located at 1305 S. Federal Highway, directly across the street from the proposed project AND a Dunkin Donuts AND a BP Gas Station which also has food service. Also across the street in One Boynton is Baciami Italian Restaurant, Tsunami subs, Tokyo Ramen, Souvlaki and Sweetwater, So, WHY, another food service venue???? This alternative is unacceptable and puts us in a more precarious position than where we were before. It utterly gals me that a building would be designed that is too large for the lot in the first place. From Day 1, the building size required more parking than the site could contain. Has anyone questioned this??? Why that was allowed from the beginning is baffling. There is not one residential street east of Federal Highway in the City of Boynton Beach that has parallel parking. We are not West Palm Beach, we are Boynton and we love the character and charm of our city. As a side note, you might argue that the IHOP was there for years....Andy Patel, the owner of the IHOP was our neighbor and an owner on Riviera Drive. He had a vested interest in making sure our street was safe and the site was self-contained and clean. I'm not sure if coming up with a worse alternative was intentional to force the issue of the original plan to be the lesser of 2 evils. For the owners/residents of Riviera Drive, the price we will pay for gaining the elimination of 3 parallel parking spaces will cost us greatly for the rest of our years on this street by having retail/restaurant/food service to achieve that concession while the traffic and parking concerns at the crux of this issue have been left unaddressed. Parallel parking will be a danger to residents and patrons of 1320. Eliminate the on-street parking and maintain the 8 conditions of approval agreed upon to include: Medical/Dental Office and Business/Professional Office with hours of Monday to Saturday from 8-7 must remain as agreed. I ask the Commission to deny this plan as presented. The parking issue was not resolved as instructed by Commissioner Penserga. Candy Killian 642 Riviera Drive Boynton Beach, FL 33435 Killian7k2@bellsouth.net 561-704-3868 From: Bradley Miller<bmiller@udsflorida.com> Sent:Thursday, February 24, 2022 12:24 PM To: Linda Morton <Ilmorton@bellsouth.net>;j.hoffberger@icloud.com; killian7k2@bellsouth.net; mary.killian@cbrealty.com; crico12666@yahoo.com; tomhward58@gmail.com; kbeaumont@tgbk.com; gwolfden52@gmail.com; etitusk@aol.com; careyjean13@aol.com Cc:Ty Eriks DMD (dreriksdmd@gmail.com)<dreriksdmd@gmail.com>; Radigan,Amanda <radigana@bbfl.us>; Bencosme, Luis<bencosmel@bbfl.us>; Michael Rumpf-CITY OF BOYNTON BEACH (RumpfM@bbfl.us) <RumpfM@bbfl.us> Subject: 1320 S. Federal Highway I Project Update Neighbors- we have been working with City staff on ways to further address the comments and concerns raised at our prior meetings and most recently at the February 15 City Commission meeting. With the assistance of City staff, we've been able to make adjustments to the site plan that allows a reduction of required parking and one more parking space on site. Accordingly, the revised site plan that's attached eliminates the 3 northern most parking spaces on the south side of Riviera Drive which was a specific direction from Commissioner Penserga in his motion for postponement and will allow for turn around within the property from those 3 spaces. This will seem strange, but in order to reduce the required parking, the uses need to be a combined mix of office and retail. Here's why. The code has various options that will allow for a reduction to parking. Some of those options are not applicable to this site. The best option for this project is the Sustainability Parking option, which reduces the parking rate based on certain uses. Those certain uses do NOT include a 2 building with complete office uses. Therefore, per the Zoning Director's interpretation, we cannot use this section to use compact or motorcycle parking or reduce the parking requirement unless a component of retail use is reintroduced back into the project. The Zoning Director has also confirmed that the parking can be calculated based on the Gross Floor Area (which excludes unenclosed building area such as the stair wells) versus the Gross Building Area. Accordingly, the plan has been modified to reflect the "office-retail" use and parking based on Gross Floor Area. The proposed conditions have also been updated to correspond. You will see that the modified conditions now prohibit the uses that Dr. Snyder entered into the City Commission record, with the exception of a restaurant. After discussing these uses with City staff, the consensus is that having a small deli or the like would be complimentary to the office uses. Although, both the site plan that was originally submitted and the new proposed plan fully complies with code (less the building height exception), Dr. Eriks is recognizing your concerns and trying to accommodate as much as possible, but still protect his investment and development rights. He continues to be willing to limit the hours of operation for the office uses within the building from 8:00 am to 7:00 pm Monday— Saturday and control the roof top access. However, since he does not know who the actual retail user will be, he cannot agree to limiting the retail hours. You should also be aware that I and City staff took a hard look at other alternative layouts to try to get more spaces on site, including your suggestion of using angled spaces (see attached Concept H). But ultimately it was determined that several variances and substandard design standards would be required, to a point of being unsafe. Based on that, and knowing that the the original and now the modified site plans both comply with code, the standards required to approve the variances would NOT be met and therefore, could not be supported. Other positive changes since the last hearing that you should be aware of are, we have been able to eliminate the requirement of the sidewalk on the south side of Riviera Drive through a waiver granted by the City Engineer in response to your comments. Also, in regard to the 3 parking spaces on the south side or Riviera Drive, the City Engineer has also agreed to us adding a note to the Site Plan that will allow those 3 spaces to be shifted to the west when Snug Harbor proceeds with redesign of their project entry. I've attached the referenced code section on reduced parking, the latest revised site plan and the updated conditions for your review. Of course, feel free to email me with any follow up questions or comments. We certainly hope you will recognize the effort Dr. Eriks is making to be a good neighbor and we look forward to getting this resolved on March 1. Thanks again for your involvement. Urn Bradley Miller AICPI PRINCIPAL IOBMol ler udsflarida.com 610 Clematis Street Suite CU02 West Palm Beach. FL 33401 561.366,1100 Office 561703.5062 Direct From: Bradley Miller<bmiller@udsflorida.com> Sent: Friday, February 11, 2022 4:31 PM To: LCmorton@bellsouth.net; i.hoffberger@icloud.com; killian7k2@bellsouth.net; marv.killian@cbrealtv.com; crico12666@vahoo.com; tomhward58@gmail.com; kbeaumont@tgbk.com;gwolfden52@gmail.com; etitusk@aol.com; careyjean13@aol.com Cc:Ty Eriks DMD (dreriksdmd@gmail.com)<dreriksdmd@gmail.com>; marithedeen@outlook.com; Radigan,Amanda <radigana@bbfl.us>; Bencosme, Luis<bencosmel@bbfl.us> Subject: 1320 S. Federal Highway 3 Neighbors - as discussed last evening, please find attached letter and series of concept sketches. Sorry for the rough sketching. I'm hoping it's clear enough to follow with the explanation in the letter. The plans are to scale if printed at 11" x 17" paper size. There were a few email addresses that were difficult to read so I apologize if this did not make it to everyone but I hope it will be shared. I will be watching my email through the weekend if you have follow up questions/comments. Thank you. urban Bradley Miller AICP I PRINCIPAL des' n BMtllerpudsflartda.corn 61D Clematis Street S0 Suite CU02 West Palm Beach. FL 33401 561.366,1100 Office 561703.5062 Ciaect Contingency Puking Kw E000non Mao hi ®m.mm..wn....cE • y ;.uuw�wcn.a.+a : MILLER i .osu -� - J�-" ---y _-— , • .oro.cc...u.w se. 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SITE PLAN lal• FL mn Pe raw v.m w. o^ ^•• am SP-1 RI CR VALVE FLU:OC I PROPOSED Zon:C-I RETAINING WALL Ex:One Story Office WATER METER (1'INSIDE Condo Building PROPERTY) BACKL FLOW STOP EX.TREE I 2.0'INTERIOR __ PREVENTER SIGN • _ WELL TYP. ri?-- SIDE RI 1.0' _ s�•�° /°;;° S89°1T 31"W 273.15' EX I •�V�f' :,,,,,,,,,co,..,-. 6.0'FPL UE PER ORB 2023,P O BE ABANDONED V 1'I►II•'•' :� L��4�.°G c 5.0'B FFER 1 1,,,,,s1; � 5.0'�� \ �■..2.5'OVERHANG �■I■ '31 •e ill �`►;. ,i' �r- 1g22.0' s12' 13 s 9' 'p WATER I'�I I. „iii: \ R9.0' 4,-,io4 w■I Iii in�Z42 uralTY—'IV ;'. ; GROSS • C,I,�,;,,. \ / % i rn, :LDG QVERFtANG /� -.a / POLE N 4r i BUILDING ,�J—,/ 1,g1N33,5•Su..F.ABANs7,4.m- \~ ,p ER LI • •'',�,4 10,898 SF ISI /1 R302'MIN. "ICs I/IA 12.0•PR UE 2 .0' R20.0' - WICE ��°•n OFFICt/RETAIL 4,/ / RADII FOR 50 1I�.�� J 'Ar. •� MV807 VEHICLE 5.0' X FLUSH o631 ��'•�. COMPLEX' /r � ------_ o^jl �,M•�•v • �'',As/1 20.0' 1/o o,� 1 5 Q9 H 0.0' // '' — . !�M rI� ��I��I�� I I r B S 9' ♦ 2 CSy1. P IIP I,$$S III, �//��"� Q0: ANON' :«<}i1 �B R25.0' /9:Ir'' O `6B II•III I I 4— 12.7 Q' / .h I��N, i}��'1 1 IIIIII JII, 'I R15.0' 0' 7,5' / URDING I ,t,rte�, it.��,4 RHANf: NRHANG �I',�,III�. JJJii�I 15.8' 5.0' //8F)i 1- e4iIS)>S% \ / / iTSIAN yy 1N�Nb��►N�W'A,IiIN \ 180' �/ SIG Illr0.., _ ��,�' URB ,�,�,I,I�I,'„�� ►II `� —— —— —— — • —— —— _—_ , N. / INLET 1 • \� :N%. Cit 'LANIER/ `� ®'i�l.1.•••II1 — —4- •�� 9.0' / 'I( IAGE ,.►,,,•, 0'x4'1J 4.3'SIDE K141 --. •A. oe, (a iii WATER Q�� R • 'V • ,''6 / --- VALVE r� 'SIGHT TRIANGLE /,,,,, 7 8' R35.0' , '�� / FLU:HDR �` . . .. •FH •5.0.-b' !)LK // Zon:RIAA I17 STOP A ; .r Ex:Vacant Open Space 3 i l SIGN BOX S _ RIVIERA DRI L5 ///// ai ASPHALT ROADWAY • ® B I NO OUTLET SIGN SPEED LIMIT NAIIP.05 SIGN / ,I—--(1-13\_ ,__ GAS LINE MARKER _ _ L 1 • STREET SIGN FLU:HOE PARALLEL SPACES TO Zon:R3 BE RELOCATED TO THE WEST _I, PEDESTRIAN Ex:Snug Harbor Gardens SHOULD DRIVEWAY CROSSING VB TO SNUG HARBOR BE MODIFIED j, SIGN Condo/Villas i Applicant Conditions - Revised 1. The building is prohibited from having the following uses: bars, breweries, taprooms, micro-breweries, beverage manufacturing, wine bars, distilleries, wineries, liqueur stores, kava bars, vape shops, hookah bars, entertainment/music venues, sober homes, drug/alcohol treatment centers, tattoo parlors. 2. Operating business hours for office uses within the building are limited to 8:00 am to 7:00 pm, Monday to Saturday. 3. Access and use of the roof top is to be controlled by the property owner and only used by employees of the tenants of the building during business hours and for service of mechanical equipment or structure. 4. Upon full occupancy of the building, the owner and tenants will be responsible to instruct employees to park in the on-street spaces for less frequent activity on the street and to allow more spaces on site for patrons/customers. 5. Prior to issuance of a certificate of occupancy, the property owner shall contribute $2,500 to Colonial Center for the installation/relocation of one project sign. 6. Prior to issuance of certificate of occupancy, the property owner shall contribute$2,500 to the Riviera Drive residents for the installation/relocation of one project sign. 7. During site development, the property will be fenced to deter access and regularly maintain litter and debris. 8. During site development, construction vehicles are to be instructed to turn around on the subject property. U bon • 2/21/2022 S •'O 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ Sec. 3. Special Reductions in Required Off-Street Parking. The following provisions to reduce the number of required off-street parking spaces shall be utilized individually and not in conjunction with each other or with any other provisions to reduce parking within this article. NOTE: Calculation of needed handicap accessible off-street parking spaces shall be pursuant to the base parking requirements and not based on the reduced parking requirements described by this section for which a project may be eligible (also see Section 5 below regarding Handicap Accessible Off-Street Parking). A. Minimum Parking (Five Percent (5%) Reduction). For all non-residential uses, the total number of required off-street parking spaces may be reduced by up to five percent (5%) of the standard number of required parking spaces for the use(s) to which they are assigned. 1. Applicability. This provision to reduce the standard number of required parking spaces shall only apply when the following conditions are met: a. The reduction in the number of parking spaces shall not cause the development to be noncompliant with Section 2.A. above; b. Shall only apply to non-residential uses; and c. Shall not be applied in conjunction with other provisions to reduce the number of required off- street spaces pursuant to this article. 2. Criteria. The following criteria shall be used in the evaluation of a request to reduce the standard number of required parking by five percent (5%): a. Landscaped areas within off-street parking areas shall be maximized and enhanced, and existing plant material, particularly mature shade trees should be preserved to the maximum extent possible, to help reduce ground-level absorption of solar radiation; b. Impervious surfaces shall be minimized; and c. Pedestrian connections shall be enhanced. 3. Methodology. Where the reduction in the number of required parking spaces as computed includes a fraction, the reduced number of parking spaces shall be the computed number rounded down to the lowest whole number. B. Joint Access/Parking. In all districts, when two (2) or more abutting properties combine their on- site parking with common access drives and interconnectivity for both vehicular and pedestrian use, the total number of required parking spaces may be reduced by ten percent (10%). A review for this type of parking reduction shall be conducted by staff upon the submittal of a cross-parking agreement between property owners in conjunction with a request for a new site plan or site plan modification in accordance with Chapter 2, Article II, Section 2.F. C. Shared Parking. Mixed use developments may utilize the following required parking methodologies based upon shared parking with different hours of use. The total requirement for off- street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be calculated and certified by a licensed traffic engineer using "Shared Parking, Second Edition", U.L.I., 2005, or other acceptable methodology. Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in the preparation of parking studies. In addition, a minimum buffer of ten percent (10%) shall be provided to ensure that a sufficient number of parking spaces are https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 1/4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ available at the peak hour/peak season of parking demand. Calculation of said buffer shall be based on the total number of parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking spaces shall be reviewed for accuracy and appropriateness. D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance with Section 2 above. Any required parking for non-residential uses shall be reduced by fifty percent (50%). E. Payment in Lieu of Parking. The payment in lieu of parking option is applicable within the central business district (hereinafter CBD) and those areas described under Section 4, "Exceptions to Providing Required Off-Street Parking," A. "Adaptive Re-Use," below. 1. Applicability. Within these areas at the time of any new building construction, off-street parking spaces shall be provided as required by this article and Chapter 3, Article III, Section 3.E. 2. Fee (Method of Assessment). Up to ten percent (10%) of the required parking for new construction and twenty-five percent (25%) of the parking required under the adaptive re-use provisions below in Section 4, as set forth in this subsection, may be satisfied in whole or part by the payment of a non-refundable parking improvement fee in lieu of the provisions of the required off- street parking spaces. Parking improvement fees shall be assessed as follows: The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces, including design, land, and construction cost. If necessary, an outside professional may be retained by the city to review the applicant's cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the city's consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of one hundred ten percent (110%) of the estimate shall be paid to the city in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the city for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of a trolley or shuttle system or the construction of bicycle lane facilities. F. Cultural District Overlay. See Chapter 3, Article III, Section 8.D. for additional off-street parking provisions regarding the Cultural District Overlay. 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 https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 2/4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ Parking Spaces 1 Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1)-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 (Reserved) (Reserved) 1 Only represents the base minimum parking rations. Other requirements may also apply including parking for guests and recreation area as describe in other sections of the Land Development Regulations. 1. Applicability. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half (1/2) mile from a regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. 2. Application and Development Requirements. Requests for parking reduction must occur at time of site plan review, and must include a parking demand study prepared by a professional engineer and/or based on findings from an existing development or other comparable projects experienced by the applicant that include, in part, projects designed to meet lower parking requirements as allowed by this section. The study must provide evidence that the project would not be deficient of parking, that the reduced ratios would not adversely affect the project in any way, or increase the demand for parking spaces upon public streets in the immediate vicinity, or would not increase the demand for parking spaces on private properties in the immediate vicinity unless in conjunction with an approval for shared parking pursuant to city regulations. Eligible applicants must demonstrate that proposed parking design or resources would be adequate, and shall satisfy the following requirements meeting sustainable design and operation (where basic mathematical calculations are involved, rounding will be based on the traditional mathematical rule): a. Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces, or how the proposed project provides a lower urban heat island effect if the proposed development is an urban infill or redevelopment project. At minimum, the elements to be included for compliance are all building roofs, parking and other hard surfaces, and tree canopies. b. Accommodate fuel efficient vehicles through provision of covered and well-illuminated locations with apparatus for parking and locking of bikes and low-powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles, and disbursed throughout the project to maximize accessibility and convenience. e. Provide efficiency in parking design including consideration for space-conserving tandem spaces when functionally feasible. https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ 3/4 9/20/21,5:41 PM https://export.amlegal.com/api/export-requests/a42e0161-100f-4173-9246-102a205cfd29/download/ f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000) square feet for non-residential developments in excess of seventy-five thousand (75,000) square feet). g. Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off-set the realized deficiency. i. Facilitate a ride-sharing/car pool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. I. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. m. Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low-powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information". n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. o. Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. p. Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the city. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 14-020, passed 10-7-14; Am. 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