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8THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor&Members of the City Commission Steven Alexander, City Manager Agenda Item No.: 8 May 17,2016 A Resolution authorizing the City Manager to enter into a Letter of Authorization (LOA) with Sprint Solutions to piggyback onto Sprint's multi-year agreement with the State of Florida for communications service. The Procurement Division continually analyzes existing programs for cost reductions and has identified a cost savings opportunity for the City's wireless telephone and air card services. The City entered into a piggyback agreement with Sprint Solutions, Inc., through a government agency, Western States contracting Alliance, 0NSCA), and the State of Florida "Participating State" Contract No. DMS-I2I13-009 for wireless telephone and air card service, authorized under Resolution No. 34-13-13852. In addition to the WSCA agreement offered through the State of Florida, the State issued an Invitation to Negotiate for mobile services and subsequently created State Contract No. DMS-I 0-1 1-008B. For those agencies like South Miami who are contracted under the WSCA agreement for mobile services, those agencies have the option of continuing with WSCA or, transfer to the State of Florida Contract. In 2016, Sprint and the State of Florida negotiated lower rate plans that make it advantageous for the City to transfer to the State contract. By moving to the State contract, the City will save approximately $1,000 per month realizing an annual savings of $12,000 when compared with current costs. The terms and conditions are essentially the same; agencies may cancel service at any time without penalty, replacement phones every 18 months; with the exception of the billing cycle. The WSCA contract invoices one month ahead whereas the State contract invoices in arrears; thereby having a positive effect on cash flow. There are no reported service issues or significant interruptions to the Sprint mobile telephone or air card services. THE CITY OF PLEASANT LIVING AMOUNT: ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Savings $1,000 per Month Citywide 4120 Communications Account Resolution Savings Analysis Letter of Authorization (LOA) Piggyback Agreement for Contract No. DMS-I 0/1'-008B State of Florida and Sprint Solutions, Inc Contract Amendment No. 10 for Contract No. DMS-IO-II-008B Resolution No. 34-13-13852 1 RESOLUTION NO.: _________ _ 2 3 A Resolution authorizing the City Manager to enter into a Letter of 4 Authorization (LOA) with Sprint Solutions to piggyback onto Sprint's multi-year 5 agreement with the State of Florida for communications service. 6 7 WHEREAS, the City entered into an agreement with Sprint Solutions with a 8 governmental agency, Western States Contracting Alliance, (WSCA), Contract No. 1907 and the 9 State of Florida "Participating State" Contract No. DMS-12/13-009 and, authorized by Resolution 10 No. 34-13-13852; and 11 12 WHEREAS, the State of Florida issued an Invitation to Negotiate for mobile 13 communication service thereby creating the State's own Contract No. DMS-10/11-008B for 14 mobile communications service; and 15 16 WHEREAS, agencies have the option of continuing with the Western States Contracting 17 Alliance, (WSCA), Contract No. 1907 and the State of Florida "Participating State" Contract No. 18 DMS-12/13-009 or, move to the State of Florida's Mobile Communication Services Contract No. 19 DMS-10/11-008B; and 20 21 WHEREAS, Sprint Solutions and the State of Florida negotiated lower rates in 2016 22 under Contract No. DMS-12/11-008B with the City taking advantage of lower rate plans that will 23 result in a savings of $1,000 per month for an approximate annual savings of $12,000; and 24 25 WHEREAS, Contract No. DMS-12/11-008B with Sprint Solutions provides for the use of 26 the contract by SUNCOM Clients, of which all municipalities are included. 27 28 . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 29 CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1. The City Manager is authorized to enter into a Letter of Authorization with 32 Sprint Solutions to adopt the State of Florida contract no. DMS-1O/11-00BB for mobile 33 communications service; including wireless telephone and air service with the City taking 34 advantage of lower rate plans that will result in a savings of $1,000 per month for an 35 approximate annual savings of $12,000 for a term not to exceed five (5) consecutive years. 36 37 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is 38 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 39 shall not affect the validity of the remaining portions of this resolution. 40 41 Section 3. Effective Date. This resolution shall take effect immediately upon passage 42 and approval. 43 44 45 46 47 PASSED AND APPROVED this __ day of ____ -', 2016. 48 49 50 51 52 53 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: I 2 3 4 5 CITY ATIORNEY Commissioner Harris: Commissioner Liebman: Commissioner Edmond: PLAN IMCSCOST_ 990327437 Park & Recreation FUSION UNL $30.90 Bus Advantage Messaging 450 $ 37.49 $ 45.15 990327437 Park & Recreation FUSION UNL $30.90 Bus Advantage Messaging 450 $ 37.49 $ 38.87 990327437 Code Enforcement FUSION UNL $30.90 Bus Advantage Messaging 450 $ 37.49 $ 38.87 990327437 CRA FUSION UNL $30.90 Bus Advantage Messaging 450 $ 37.49 $ 38.87 990327437 Code Enforcement FUSION UNL $30.90 Bus Advantage Messaging 450 $ 37.49 $ 38.87 990327437 PubJicWorks NAT 250 $20.60 Bus Advantage Messaging 450 $ 37.49 $ 38.87 990327437 Police NAT 250 $20.60 Bus Advantage Messaging 450 $ 37.49 $. 39.83 990327437 Code Enforcement NAT 100 $5.15 Bus Advantage Messaging 450 $ 37.49 $ 38.87 990327437 Code Enforcement NAT 100 $5.15 Bus Advantage Messaging 450 $ 37.49 $ 38.87 990327437 Public Works NAT 100 $5.15 Bus Advantage Messaging 450 $ 37.49 $ 38.87 990327437 Police NAT 100 $5.15 Bus Advantage Messaging 450 $ 37.49 $ 38.87 990327437 Police NAT 100 $5.15 Bus Advantage Messaging 450 $ 37.49 $ 38.87 990327437 Police NAT 100 $5.15 Bus Advantage Messaging 450 $ 37.49 $ 38.87 990327437 Park & Recreation UNL IP? $36.04 3G/4G Connection Plan Unltd $ 37.99 $ 37.99 990327437 Public Works UNL IP? $36.04 3G/4G Connection Plan Un~d $ 37.99 $ 37.99 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Un~d $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 63.04 $ 63.04 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 Community Patrol 1 UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 Community Patrol 1 UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 Motors UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 Motors UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3GJ4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Un~d $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 63.04 $ 63.04 627829537 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3GJ4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 . 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 2200 hrs) 627829537 hrs) 627829537 hrs) 627829537 hrs) 627829537 hrs) 627829537 hrs) 627829537 hrs) UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? 627829537 C-Shift (2200 -0600 h UNL IP? 627829537 C-Shift (2200 -0600 h UNL IP? 627829537 C-Shift (2200 -0600 h UNL IP? 627829537 C-Shift (2200 -0600 h UNL IP? 627829537 Relief Shift UNL IP? 627829537 Reserve Police OffIce. UNL IP? 627829537 CID/SIU UNL IP? 627829537 CID/SIU UNL IP? 627829537 CID/SIU 627829537 CID/SIU 627829537 IA 627829537 Training 627829537 Admnistriative Staff 627829537 Admnistriative Staff 627829537 Admnistriative Staff 627829537 Admnistriative Staff 627829537 Admnistriative Staff 627829537 Admnistriative Staff 627829537 Support Staff 627829537 Support Staff 627829537 Support Staff 627829537 Spare 627829537 Spare 990327437 Public Works 990327437 Police 990327437 Park & Recreation 990327437 Police 990327437 Police 990327437 Park & Recreation 990327437 Park & Recreation 990327437 Public Works 990327437 Code Enforcement 990327437 Police UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNL IP? UNLMITED UNLMITED UNLMITED UNLMITED UNLMITED UNLMITED UNLMITED UNLMITED UNLMITED UNLMITED $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $36.04 $50.99 $50.99 $50.99 $50.99 $50.99 $50.99 $50.99 $50.99 $50.99 $50.99 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3GJ4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd 3G/4G Connection Plan Unltd Bus Advantage Msg & Data 450 Bus Advantage Msg & Data 450 Bus Advantage Msg & Data 450 Bus Advantage Msg & Data 450 Bus Advantage Msg & Data 450 Bus Advantage Msg & Data 450 .Bus Advantage Msg & Data 450 Bus Advantage Msg & Data 450 Bus Advantage Msg & Data 450 Bus Advantage Msg & Data 450 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 80.48 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 40.24 $ 62.49 $ 62.49 $ 62.49 $ 62.49 $ 62.49 $ 62.49 $ 62.49 $ 62.49 $ 62.49 $ 62.49 $ 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 80.48 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 40.24 63.98 63.98 63.98 63.98 63.98 63.98 63.98 63.98 63.98 63.98 990327437 CRA UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Police UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Park & Recreation UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Planning UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Human Resources UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 89.57 $ 91.71 990327437 Police UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Human Resources UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Police UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Building UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Park & Recreation UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Public Works UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Police UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Central Services UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Park & Recreation UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Police UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Police UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Police UNLMITED $50.99 Sprint Bus Fusion Unlimited $ 65.00 $ 66.05 990327437 Police UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Code Enforcement FUSION 1GB $15.45 3G14G Tablet Conn Plan 6GB $ 37.99 $ 37.99 990327437 Code Enforcement FUSION 1 GB $15.45 3G/4G Tablet Conn Plan 3GB $ 29.99 $ 29.99 990327437 Code Enforcement FUSION 1GB $15.45 3G14G Tablet Conn Plan 3GB $ 29.99 $. 29.99 990327437 Code Enforcement FUSION 1 GB $15.45 3G/4G Tablet Conn Plan 3GB $ 29.99 $ 29.99 990327437 Code Enforcement FUSION 1GB $15.45 3G/4G Tablet Conn Plan 3GB 29.99 $ 29.99 Projected Say Per Month $ 1,001.20 PIGGYBACK CONTRACT FOR MOBILE COMUNICATION SERVICES THIS AGREEMENT made and entered into this..1... day of May, 2016 by and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City") and Sprint Solutions, Inc, (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the "State of Florida" solicited bids, pursuant to ITN #DMS-10/11-008, for Mobile Communication Services; and WHEREAS, the "State of Florida," after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the City of South Miami desires to utilize the "State of Florida" Contract and pursuant to authority of the City of South Miami's Charter. NOW, THEREFORE, the City and the Contractor, each through their authorized representative/official, agree as follows: 1. Contractor currently offers mobile communication services and wireless products to the State of Florida, Department of Management Services ("State of Florida") through the Mobile Communication Services Contract No. OMS-I 0/11-0088 dated January 13, 2012 as amended (the Contract and all existing and future Amendments are collectively, the "State Contact"). The parties agree that the State Contract is fully incorporated as Attachment A by this reference. The City certifies that it is an eligible purchaser under the State Contract. The City desires to enter into this Agreement, under the same pricing, terms and conditions as set forth in the State Contract. 2. The City has reviewed the State Contract and agrees to the terms and conditions to be applicable to a purchase order to be issued by the City and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such goods and/or services, pursuant to the City's purchase order made during the term of this Agreement under the same price(s), terms and conditions as found in State Contract; provided that the terms and conditions in any City-generated purchase order will have no force or effect other than to denote quantity, the goods or services purchased or leased, delivery destinations, requested delivery dates and any other information required by this Agreement. 3. All references in the State Contract between "State of Florida," and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. The term of this Agreement, including all extensions authorized by the State Contract shall not exceed five consecutive years. In no event may the term of this Agreement extend beyond the expiration or termination of the State Contract. Notwithstanding anything contained in the State Contract No. DMS-10/11-008 to the contrary, this Agreement shall be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami-Dade County, Florida. Thomas F. Pepe-OI-II-16 Page lof4 , 4. Scope of Goods and Services. The scope of goods and services are set forth in the attached Attachment A. The Contractor has agreed to deliver, and install in a workman like manner and in accordance with all state, county and City laws, at the locations designated by the City, all of the goods and services reflected in Attachment A within N/A days from the date of the execution of this Agreement. The Contractor shall obtain all permits required for the installation but as to permits fees charged by the City, said fees shall be waived. 5. Contract Price. The contract price for the good and services is set forth in the attached Attachment A. If not otherwise set forth in the State Contract, the Contractor shall be paid upon delivery of all the goods, the completion of all the services and after final inspection by the City that approves of the goods delivered and the work performed. 6. Grant Fnnding: [Intentionally Omitted] 7. Public Records: Contractor and all of its subcontractors are required to comply with the public records law (s. I 19.070 I) while providing goods and/or services on behalf of the CITY and the Contractor, under such conditions, shall incorporate language generally consistent with this paragraph in all of its subcontracts for this Agreement. 8. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this Agreement or the performance of the Work thereunder. 9. Validity of Executed Copies: This Agreement may be executed in several counterparts, each of which may be construed as an original. 10. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attomey fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 11. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 12. Order of Precedence: In the event of an inconsistency or contlict between or among the provisions of this Agreement and the State Contract, the order of precedence shall be this Agreement and then the State Contract. IN WITNESS WHEREOF, and as the duly authorized act ofthe parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials on or before the day and year first above written. Thomas F. Pepe -0\-\\-\6 Page 2 of4 Michaela Clairmonte -Manager, Contract Negotiations (type name and title of signatory above) ATTEST: By:.-:-:~-:-:-:-:-_:---:::-::-=-_ Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof. By: -=~--~~----------Thomas F. Pepe City Attorney Approved by Public Sector legal ~s to IrJlll fo~ J)\-' (lr~J Thomas F. Pepe -01-11-16 CITY OF SOUTH MIAMI By: --=_--;--;----;-__ _ Steven Alexander City Manager Page 3 of4 PIGGYBACK CONTRACT FOR MOBILE COMUNICATION SERVICES "ATTACHMENT A" • Letter of Authorization between Sprint Solutions, Inc., and the City of South Miami • Mobile Communication Services Contract No. DMS-lO/ll-OOSB between the State of Florida and Sprint Solutions, Inc., executed 1/13/2012 • Amendment 10 to Contract between Sprint Solution's, Inc and the State of Florida, executed 2/912016 Thomas F. Pepe -0 1-11·16 Page 4 of4 May 3,2016 Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FI 33143 Ph: 305/668-2510 Salexander @southmiamifl.gov Attn: Tom Nadler Public Sector Account Manager THE CITY OF PLEASANT LIVING The units on the following Billing Account Numbers listed below are eligible to purchase wireless communication services under Mobile Communication Services (MCS) Contract No. DMS-IO/ll-OOSB, effective January 13, 2012 between Sprint Solutions, Inc., and the State of Florida, Department of Management Services ("State of Florida MCS Contract"). Billing Account Numbers: Bans including; # 990327437, 627829537 I, Steven Alexander, hereby certify that the following information provided herein is true and accurate as of the date oflhis letter: (1) Steven Knlick, Purchasing Manager is an authorized City of South Miami ("SUNCOM Eligible User"); (2) all orders will be in accordance with and subject to the rates, terms and conditions under the State of Florida MCS Contract; and (3) Sprint is authorized to invoice the total dollar amount for services and equipment ordered by an authorized purchaser for the City of South Miami. Furthermore, I certify City of South Miami (1) shall pay charges incurred for the period of time the units are active with Sprint and until written notice of cancellation is provided to Sprint; and (2) City of South Miami acknowledges and understands that Sprint will not automatically terminate service until written notice of cancellation is received by Sprint. City of South Miami agrees to pay Sprint for all rates, fees and charges for services and equipment received up to the effective date of cancellation. In accordance with Florida law, these rates include the State of Florida MCS Contract administrative cost recovery fee for the services where applicable. The administrative cost recovery fee shall appear on the SUNCOM Eligible User's direct-billed invoice 30 days after the Sprint service cbarges are invoiced. The SUNCOM Eligible User understands and agrees that Sprint shall charge the SUNCOM Eligible User rates which include this administrative cost recovery fee. All orders placed through MyFloridaMarketplace ("MFMP") will be in accordance with and subject to the pricing, terms and conditions ofthe State of Florida MCS Contract. If there is a change in the above certification, it is the responsibility of the authorized purchaser to provide written notification to Sprint within ten (10) days at the following address: Sprint 12502 Sunrise Valley Drive Mailstop: V ARESA0208 Reston, VA 20196 Attn: Public Sector Contracts Manager Sincerely, Steven Alexander City Manager City of South Miami 16130 Sunset Drive 1 South Miami, FL 33143-5093 305.663.6338 1 southmiamifl,gov RICKSCO'IT Governor DEPARTMENT OF MANAGEMENT SERVICES 4050 Esplanade Way I Tallahassee, Florida 32399-0950 I Tel: 850.488.2786 I Fax: 850.922.6149 JOHN P. MILES Secretary MOBILE COMMUNICATION SERVICES SPRINT CONTRACT CONTRACT NO.: DMS-IO/ll-OOSB Contract No.: DMS IOIll-008B Page 1 of32 TABLE OF CONTENTS CONTRACT 1.0 • DEFINITIONS ........................................................................................................................ 6 1.01 ACTIVE UNIT OR LINE .............................................................................................................................. 6 1.02 BUSINESS DAY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 1.03 BUSINESS HOURS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 1.04 BUSINESS PlANS .................................................................................................................................... 6 1.05 CORPORATE· LIABLE ACTIVE UNIT OR CUSTOMER LINE ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 1.06 DEPARTMENT. ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 1.07 END USER(S) ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 1.08 EVENTS OF DEFAULT ............................................................................................................................... 7 1.09 ITN .................................................................................................................................................... 7 1.10 LOCATION BASED SERVICE ........................................................................................................................ 7 1.11 NATIONWIDE SPRINT NETWORK ................................................................................................................ 7 1.12 NEXTEL NATIONAL NETWORK .................................................................................................................... 7 1.13 NEXTEL SERVICES ................................................................................................................................... 7 1.14 PREMIUM SERVICES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 7 1.15 PRODUCT(S) ......................................................................................................................................... 7 1.16 PROHIBITED DATA USES ........................................................................................................................... 7 1.17 ROAMING ............................................................................................................................................ 7 1.18 DOMESTIC ROAMING .............................................................................................................................. 7 1.19 SERVICE(S) ........................................................................................................................................... 7 1.20 SERVICE ACCOUNT •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 8 1.21 SERVICE PROVIDER ................................................................................................................................. 8 1.22 SPRINT NETWORKS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 8 1.23 SPRINT 3G NETWORK ............................................................................................................................. 8 1.24 SPRINT 4G NETWORK ............................................................................................................................. 8 1.25 SPRINT 4G SERVICES ............................................................................................................................... 8 1.26 SPRINT SERVICES .................................................................................................................................... 8 1.27 SPRINT SERVICE PROVIDER AFFILIATE .......................................................................................................... 8 1.28 STATE .................................................................................................................................................. 8 1.29 SUNCOM CLlENT(S) •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 8 1.30 WIRELESS DATA CONNECTION DEVICE ......................................................................................................... 9 1.31 WIRELESS DATA SESSION ......................................................................................................................... 9 1.32 WIRELESS SERVICES ................................................................................................................................ 9 CONTRACT 2.0 • TERM OF AGREEMENT ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 9 2.01 INITIAL TERM •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 9 2.02 RENEWAL TERM ..................................................................................................................................... 9 2.03 TERMINATION Bv THE DEPARTMENT FOR CONVENIENCE ...................... ~ ........................................................... 9 2.04 TERMINATION By SERVICE PROVIDER FOR UNFORESEEN CIRCUMSTANCES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 9 2.05 TERMINATION FOR CAUSE ........................................................................................................................ 9 2.06 TRANSITION ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 10 2.07 CONTRACT DOCUMENTS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 10 CONTRACT 3.0 • PROVISION OF SERVICE •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 10 3.01 GENERALLY .......................................................................................................................................... 10 3.02 REPORTING REqUiREMENTS ..................................................................................................................... 10 3.03 DiSCOUNTS •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 11 3.04 CUSTOMER CARE SERVICES ...................................................................................................................... 11 3.05 NO PRIVITY WITH END USERS OR SUNCOM CLIENTS •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 11 3.06 RIGHT TO DEACTIVATION OF UNUSED ACCOUNTS •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 11 3.07 LOCATION BASED SERViCES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 11 Contract No.: DMS lO/ll-OOSB Page 2 of32 3.0S PREMIUM SERVICES POLICIES ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 11 3.09 TELEPHONE NUMBERS AND PORTABILITY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• : ••• 11 3.10 nv ACCESS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 12 3.11 911 OR OTHER EMERGENCV CALLS ............................................................................................................ 12 3.12 USE OF SPRINT WIRELESS DATA SERVICES ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 12 3.13 OPERATIONAL AND USER GUIDES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 12 3.14 COMPATIBILITY OF WIRELESS PRODUCTS AND SERVICES .................................................................................. 13 CONTRACT 4.0 -PRICING •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 13 4.01 RATES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 13 4.02 RATE INCREASES ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 13 4.03 INTERNATIONAL DIALING CHARGES ............................................................................................................ 13 4.04 METERING OF VOICE USAGE .................................................................................................................... 13 4.05 METERING OF DATA USAGE ..................................................................................................................... 14 4.06 MINIMUM MONTHLV FEE (MMF) ............................................................................................................ 14 4.07 ROAMING CHARGES ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 14 4.0S SPECIAL SERVICES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 14 4.09 REACTIVATION FEE •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 14 4.10 MONTHLV RECURRING CHARGES ............................................................................................................... 15 CONTRACT 5.0 -EQUIPMENT ....................................................................................................................... 15 5.01 RESPONSIBILITY FOR OBTAINING EQUIPMENT ............................................................................................... 15 5.02 NETWORK COMPATIBILITY ....................................................................................................................... 15 5.03 EQUIPMENT SALES BV SERVICE PROVIDER .................................................................................................... 15 5.04 EQUIPMENT liSTS AND CATALOGS ............................................................................................................. 16 5.05 liCENSING REQUIREMENTS ...................................................................................................................... 16 CONTRACT 6.0 -BUSINESS PROCESS AND OPERATIONS •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 17 6.01 GENERALLV •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 17 6.02 WEEKLV CONFERENCE CALLS .................................................................................................................... 17 6.03 HELPDESK •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 17 6.04 TECHNOLOGV INFORMATION .................................................................................................................... 17 6.05 AUTHORIZED REPRESENTATIVES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• IS CONTRACT 7.0 -TERMS OF PAYMENT .......................................................................................................... 19 7.01 INVOICING OF CHARGES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 19 7.02 PAYMENT OF CHARGES ........................................................................................................................... 19 7.03 TRANSACTION FEE ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 19 7.04 TAXES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 19 7.05 DISPUTED CHARGES ............................................................................................................................... 20 7.06 PRORATION OF CHARGES ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 20 7.07 CHARGES RESULTING FROM LOST OR STOLEN DEVICES .................................................................................... 20 7.OS RIGHT OF OFFSET .................................................................................................................................. 20 CONTRACT 8.0 -THE DEPARTMENT'S OBLIGATIONS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 20 8.01 TRAINED STAFF ..................................................................................................................................... 20 8.02 RESPONSIBILITY FOR ACTIONS OR OMiSSiONS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 20 8.03 RESPONSIBILITY FOR AGENTS .................................................................................................................... 21 S.04 No RIGHTS TO SERVICE PROVIDER'S FACILITIES OR INTELLECTUAL PROPERTY •••••••••••••••••••••••••••••••••••••••••••••••••••••••• 21 S.05 NOTICE TO END USERS AND SUNCOM CLIENTS ........................................................................................... 21 8.06 PROTECTION OF SERVICE PROVIDER MARKS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 21 8.07 ACCEPTABLE USE POLICY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 21 Contract No.: DMS lO/ll-OOSB Page 3 of32 CONTRACT 9.0 -SERVICE PROVIDER'S OBLIGATIONS •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 21 9.01 NOTICE OF MATERIAL CHANGES IN SERVICE ................................................................................................. 21 9.02 PLANNED DUTAGES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 22 9.03· DEPARTMENT TEST ACCOUNTS ................................................................................................................. 22 9.04 SUNCOM CLIENT TESTING AND EVALUATION •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 22 9.05 SECURITY AND CONFIDENTIALITY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 22 9.06 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE) ••••••••••••••••••••••••••••••••••••••••••••••• 22 9.07 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED. SECTION 413.036(3), FLORIDA STATUTES ••••••••••••• 23 9.08 E-VERIFY EMPLOYMENT ELIGIBILITY VERIFICATION ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 23 9.09 SCRUTINIZED COMPANIES LISTS •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 23 CONTRACT 10.0 -ABUSIVE OR FRAUDULENT USE OF THE SERVICES ................................................................ 23 10.01 10.02 10.03 10.04 10.05 10.06 FRAUD ............................................................................................................................................ 23 MINIMIZEABUSE. ............................................................................................................................. 24 SUSPECTED ABUSE OR FRAUDULENT ....................................................................................................... 24 FRAUDULENT USE OF SERVICES ............................................................................................................. 24 PROHIBITED DATA USES ...................................................................................................................... 24 INTERRUPT OR TERMINATE SERVICE ....................................................................................................... 24 CONTRACT 11.0 -NO WARRANTIES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 24 CONTRACT 12.0 -LIMITATIONS OF LIABILITY •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 24 CONTRACT 13.0 -INDEMNIFICATION ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 25 13.01 INDEMNIFICATIDN ............................................................................................................................. 25 13.02 CONDITIONS TO INDEMNIFICATION •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 26 CONTRACT 14.0 -DiSPUTES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 26 CONTRACT 15.0 -MISCELLANEOUS •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 26 15.01 15.02 15.03 15.04 15.05 15.06 15.07 15.08 15.09 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 ANNUAL ApPROPRIATIONS .................................................................................................................. 26 WAiVER .......................................................................................................................................... 26 PUBLIC RECORDS ............................................................................................................................... 26 CONTRACTUAL OBLIGATIDNS ............................................................................................................... 27 No SUBCONTRACTING ........................................................................................................................ 27 NOTICES ......................................................................................................................................... 27 FORCE MAJEURE. .............................................................................................................................. 27 ETHICAL RESPDNSIBILInES ................................................................................................................... 27 COMPLIANCE WITH LAws ................................................................................................................... 28 E-RATE ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 28 ADVERTISING ................................................................................................................................... 30 ASSIGNMENT ................................................................................................................................... 30 EMPLOYEES, SUBCONTRACTORS, AND AGENTS .......................................................................................... 30 GOVERNMENTAL RESTRICTIONS ............................................................................................................ 30 LOBBYING AND INTEGRITY ................................................................................................................... 31 WARRANTV OF ABILlTV TO PERFORM ..................................................................................................... 31 MODIFICATIDN OF TERMS ................................................................................................................... 31 SUCCESSORS AND AsSIGNS •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 32 EXECUTION IN COUNTERPARTS ............................................................................................................. 32 SEVERABILITY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 32 *FHP AND ASSOCIATED OR SIMILAR NUMBER .......................................................................................... 32 Contract No.: OMS 10/11-00SB Page 4 of32 Attachments: Exhibit 1 -Technical Reqnirements Exhibit 2 -Bnsiness Process & Operation Exhibit 3 -Pricing Exhibit 4 -Enhanced Services and Solntions Exhibit 5 -SLA Matrix Exhibit 6 -Contract No.: DMS-0304-063 (MA4440) and Contract No_: 1523-ACS Exhibit 7-Disconnts Contract No.: DMS IO/ll-OOSB Page 5 of32 MOBILE COMMUNICATION SERVICES AGREEMENT THIS MOBILE COMMUNICATION SERVICES AGREEMENT ("Agreement"). effective as of the last date signed below (the "Effective Date"), is between the Florida Department of Management Services, a State agency with its principal place of business at 4050 Esplanade Way, Suite 200, Tallahassee, FL 32399-0950 (the "Department" or "Customer"), and Sprint Solutions, Inc., a Delaware corporation with its principal place of business at 12502 Sunrise. Valley Drive, Reston, VA 20196 ("Service Provider" or "Sprint"). WHEREAS, Service Provider provides wireless voice and data services in certain areas of Florida; and WHEREAS, the Department issued Invitation to Negotiate DMS-10/11-008 ("ITN'), on September 2, 2010, in order to select a company to provide such services; and WHEREAS, pursuant to the ITN, the Department has awarded a contract to Service Provider based on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and the promises contained herein, the parties agree as follows: Contract 1. 0 -DEFINITIONS The following terms when used herein shall have the following meanings: 1.01 Active Unit or Line Means an active piece of wireless Product. 1.02 Business Day Means Monday through Friday, excluding State observed holidays. 1.03 Business Hours Means 9:00 A.M. to 5:00 P.M. EST on any Business Day at the office responsible for handling the pertinent interaction between Service Provider and the Department. 1.04 Business Plans Means wireless service plans for business customers. Certain Business Plan options are priced in the Agreement or End User may select from any other available Business Plans, subject to the Customer's written approval of the terms and pricing of that Business Plan. 1.05 Corporate-Liable Active Unit or Customer Line Means an Active Unit (a) activated by End User for End User's end use, (b) enrolled in a Business Plan, and (c) for which Department is fmancially liable. 1.06 Department Means the Florida Department of Management Services, acting through its Division of Telecommunications ("DivTel"). The Department is the customer of record under this Agreement. 1.07 End User(s) Means the individuals using the wireless telecommunications services set forth in Exhibit 1 - Technical Requirements. Contract No.: OMS IO/1l-008B Page 6 of32 1.08 Events of Defanlt Means (i) the failure of either party to pay any sum owed to the other hereunder at the time such amount comes due, (ii) the failure of either party to perform or observe any term, condition, or covenant to be performed by it under this Agreement, or (iii) an unauthorized assignment of this Agreement. 1.09 .lIN Means the Department's Invitation to Negotiate identified in the recitals above. 1.10 Location Based Service Means any Service or application that uses, accesses, tracks or discloses the location of an active unit. 1.11 Nationwide Sprint Network Means the Sprint-owned or controlled CDMAllxrtt wireless network, including network owned or controlled by Sprint Service Provider affiliates, used by Sprint to provide Sprint Services. 1.12 Nextel National Network Means the Sprint-owned or controlled iDEN wireless network, including network owned or controlled by Nextel affiliates or partners, used by Sprint to provide Nextel Services. 1.13 Nextel Services Means wireless Services provided by Sprint on the Nextel National Network using iDEN technology. 1.14 Preminm Services Means approved downloads and applications available through wireless data Services that are above and beyond basic data usage. 1.15 Prodnct(s) Means product(s) includes equipment, hardware, software, cabling or other materials sold to Department by or through Service Provider as a separate item from, or bundled with, a Service. 1.16 Prohibited Data Uses Means data services may not be used by a Wireless Data Connection Device in excess of that provided in the plans in Exhibit 3. For additional Prohibited Data Uses please see Section 10. 1.17. Roaming Means voice or data service provided on another wireless carrier's network through agreements established by Service Provider. 1.18 Domestic Roaming Means Roaming on networks within the United States, Puerto Rico and U.S. Virgin Islands where Service Provider has a roaming relationship with the carrier. Geographic Roaming locations are subject to change and provided at: hltp:llcoverage.sprintpcs.com 1.19 Service(s) Means the services provided by Service Provider to the Department under this Agreement, including: (i) the wireless telecommunications services specified in Exhibit 1 (Technical Requirements), (ii) the operational services specified in Exhibit 2 (Business Process and Contract No.: DMS IO/ll-OOSB Page 7of32 Operations), and (iii) such other services not specifically described in this Agreement but which are inherent in the provisioning of such services. 1.20 Service Account Means the unique account through which services are offered and charges can be incurred (without regard to who pays). Service Accounts are often associated with a single user and have one-to-one relationships with Mobile Telephone Numbers, Electronic Serial Numbers, Subscriber Identity Modules, Mobile Identification Numbers and/or device serial number. 1.21 Service Provider Means the wireless telecommunications company identified in the first paragraph of this Agreement. 1.22 Sprint Networks Means Sprint Networks including the Nationwide Sprint Network, the Sprint 30 Network, and the Nextel National Network. 1.23 Sprint 3G Network Means the Sprint-owned or controlled CDMAlEV -DO wireless network, including network owned or controlled by Sprint Service Provider affiliates, used by Service Provider to provide Sprint Services. 1.24 Sprint 4G Network Means the wideband OFDM technology, including WiMax, that Service Provider owns or resells, including network components owned or controlled by Service Provider affiliates or partners. 1.25 Sprint 4G Services Means functionality provided by Service Provider that either provides data transport on the Sprint 40 Network or allows for the use of Applications related to the Sprint 40 Network. 1.26 Sprint Services Means wireless Services provided by Service Provider and authorized Sprint Service Provider Affiliates on the Nationwide Sprint Network or Sprint 30 Network using CDMA technology. 1.27 Sprint Service Provider Affiliate Means an entity that has entered into an arrangement with Service Provider to construct wireless network coverage, perform operational functions in defined geographic areas, and provide mobile wireless telecommunications products and services under the "Sprint" service marks or any other service marks subsequently used by Service Provider. "Sprint Service Provider Affiliate Market" means the regions of the United States covered by Sprint Service Provider Affiliates. 1.28 State Means the State of Florida. 1.29 SUNCOM CHenUs) Means the entity or entities acquiring the wireless telecommunications services set forth in Exhibit I from the Department. SUNCOM Clients may include State agencies, the legislative and judicial branches, political subdivisions, counties, cities, municipalities, local school boards, community colleges, universities, educational institutions, certain private non-profit K-12 schools, libraries, qualified commissions and boards, water management districts, certain qualifying non-profit corporations, and other qualifying public agencies or authorities. Contract No.: DMS IO/ll-OOSB Page S of32 1.30 Wireless Data Connection Device Means a mobile broadband card, USB modem, embedded modem, or a phone subscribed to a phone as modem Business Plan. 1.31 Wireless Data Session Means a Sprint Network connection attempt made by a user that utilizes wireless data services and is based upon the assigoment of a dedicated IP address to the requesting access terminal (e.g., the handset, aircard, or other device). A Wireless Data Session begins when the user initiates a Sprint Network connection by attempting to access the Sprint Network and ends when the connection is blocked or terminated. 1.32 Wireless Services Means Nextel Services, Sprint Services, and Sprint 4G Services. Contract 2.0-TERM OF AGREEMENT 2.01 Initial Term The initial term of this Agreement shall commence on the Effective Date. As such this Agreement will expire five (5) years after the Effective Date , unless sooner terminated in accordance with the provisions herein. 2.02 Renewal Term Upon mutual agreement, the parties may renew the Agreement, in whole or in part, for renewal terms up to five (5) years .. Each renewal shall speciry the renewal price as set forth in the ITN response as reflected in Section 4 below. Each renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 2.03 Termination By the Department for Convenience The Department may terminate this Agreement for convenience upon one hundred eighty (180) days advance written notice to Service Provider when the Department determines in its sole discretion that it is in the State's interest to do so. In the event of a termination for convenience, Service Provider shall not be entitled to recover any cancellation charges or lost profits. 2.04 Termination By Service Provider for Unforeseen Circumstances The Service Provider may deem it necessary from time to time to change or update certain procedures set forth in this Agreement in order to account for unforeseen circumstances or to more efficiently conduct its business. If the Department unreasonably rejects such change or update, then Service Provider may terminate this Agreement upon one hundred eighty (180) days' prior written notice. In the event of a termination for unforeseen circumstances, Service Provider shall not be entitled to recover any cancellation charges or lost profits. 2.05 Termination for Cause This Agreement may be terminated upon an Event of Default by either party if such Event of Default is not cured by the defaulting party within thirty (30) days of receipt of written notice of the Event of Default. The non-defaulting party shall have the immediate right, without further notice or proceedings, to pursue such remedies and other actions as that party may deem appropriate. Contract No.: DMS 10/11-008B Page 90f32 2.06 Transition Service Provider will have a period of eight (8) months from the Effective Date of this Agreement, in accordance with Section 5.02 of the ITN, to complete all transition activities for state agencies as described in Exhibit 2, Business Process & Operations, and to commence providing the services as specified herein (the "Transition Period"). Service Provider will make commercially reasonable efforts to transition all SUNCOM Clients and local government agencies currently purchasing under Alternative Source Contract No.: 1523-ACS within the Transition Period. The parties acknowledge that the SUNCOM Clients and local government agencies may not be transition by the end of the Transition Period. It' is the desire of the parties that, for only the Transition Period, the operational terms and conditions contained in the earlier agreements between the parties for Wireless Data Services, Contract No.: DMS-0304-063 (MA4440) and Alternative Source Contract No.: 1523-ACS, will apply to this Agreement. Those operations terms and conditions are hereby incorporated into this Agreement as Exhibit 6. Upon any termination of this Agreement, Service Provider shall cooperate and use reasonable efforts to (i) assist the Department and SUNCOM Clients to minimize any impacts resulting from the termination and any transition to a new vendor; and (ii) offer the Services directly to any SUNCOM Client or End User who meets Service Provider's credit requirements and who enters into a contract for service with Service Provider. 2.07 Contract Documents This Agreement, together with the following documents, set forth the entire understanding of the parties with respect to the subject matter. In case of conflict, the terms of the Agreement shall control. If a conflict exists among any of these documents, the documents shall have priority in the order listed: A. Any Amendments to the Agreement. B. Agreement and Exhibits 1 -7. C. ITN No.: DMS-IOIlI-008. as amended. Contract 3.0-PROVISION OF SERVICE 3.01 Generally Service Provider agrees to provide the Services in accordance with the specifications and requirements set forth in this Agreement. 3.02 Reporting Requirements Service Provider shall provide monitoring tools with reporting functionality, if available, to the Department which monitors the defmed SLA service parameters in accordance with Exhibit 5. The reports referenced in Exhibit 1, Exhibit 2, and Exhibit 5 (SLA Matrix) shall be provided by the Service Provider. The Service Provider shall submit reports in electronic format to the Department. The reports shall be due within a timeframe mutually agreed upon between the parties or no later than 30 days following the request from the Department. Any additional ad hoc reports requested by the Department shall be provided by the Service Provider upon mutual agreement of the format and within a timeframe mutually agreed upon between the parties. If Contract No.: OMS 10/1l-008B Page 10 of32 these reports are not submitted in a timely manner, the Department shall seek any remedies it may have under Section 14. 3.03 Discounts. See Exhibit 7 for details regarding discounts available to SUNCOM Clients and employees. Other terms and conditions of this Agreement do not apply to Exhibit 7. 3.04 Customer Care Services Service Provider's enterprise customer care help desk resources shall be available to End Users and SUNCOM Clients for resolution of most Service-related issues. In addition, the Department and SUNCOM Clients will have access to a help desk as set forth in Section 6 below. 3.05 No Privity With End Users or SUNCOM Clients Unless otherwise provided in this Agreement, Service Provider shall not be contractually obligated to the End Users or SUNCOM Clients for the Service and shall not be authorized to send any bills for the Service to such End Users or SUNCOM Clients. 3.06 Right to Deactivation or Unused Accounts The parties will cooperate to ensure that End User accounts do not lie dormant for extended periods of time (six months or more). Service Provider shall not deactivate such accounts until the Department has been given at least sixty (60) days to investigate and notify the SUNCOM Client. If circumstances warrant, the Department may require Service Provider to postpone the planned deactivation for some identified period of time. 3.07 Location Based Services If End User downloads or accesses Location Based Services through Service Provider wireless Products and Services, Customer agrees that the Location Based Service provider may access, use and disclose as necessary the geographic location of End User's Product(s) pursuant to the terms of the Location Based Service purchased by Customer. Customer must clearly, conspicuously and regularly notify all of its End Users using Corporate-Liable Active Units upon which End User has enabled Location Based Services that end-user location information may be accessed, used or disclosed in connection with the Location Based Service. ONLY TO THE EXTENT ALLOWED BY LAW, CUSTOMER WILL RELEASE SERVICE PROVIDER FROM ANY AND ALL TIIIRD PARTY CLAIMS, LOSSES, EXPENSES, DEMANDS, ACTIONS OR CAUSES OF ACTION ARISING OUT OF END USER'S USE OF LOCATION BASED SERVICES AND CUSTOMER'S FAILURE TO NOTIFY CORPORATE-LIABLE END USERS OF END USER'S ELECTION TO USE ANY LOCATION BASED SERVICE OR LOCATION INFORMATION ON CORPORATE-LIABLE ACTIVE UNITS. Location Based Services are not available on the Sprint 4G Network. 3.08 Premium Services Policies In certain instances, subject to the terms of the content purchased, Service Provider may delete Premium and non-Premium items downloaded to storage areas controlled by Service Provider. 3.09 Telephone Numbers and Portability Service Provider may change the telephone number assigned to each Corporate-Liable Active Unit with reasonable prior notice for commercial reasons, such as fraud prevention, regulatory requirements and area code changes. Customer does not have any right of possession or title to any number, e-mail address or other identifier Service Provider may assign to Customer's wireless Products or accounts. End User may not modify, change or transfer any of these identifiers except as Service Provider allows or as allowed for by law. Service Provider will Contract No.: DMS 10/11·008B Page 11 of32 comply with any FCC-issued regulations that require Service Provider to allow End User to "port" or transfer its assigned telephone numbers upon switching wireless service to another carrier. Before a telephone number previously used with another carrier can be used on the Sprint Networks, End User must provide information about the account with the other carrier, such as the account number, tax identification number, telephone number, 5 digit zip code and password, if applicable, and purchase wireless Products from Service Provider. Until the port from the previous carrier is successful, the Service Provider wireless Product will only be able to call 911 and Sprint Customer Care. Once the port is completed, End User's old device will no longer work. However, due to system liroitations and issues outside Service Provider's control, some requests to port a telephone number from another carrier to Service Provider, or from Service Provider to another carrier, may not be successful. If a transfer to Service Provider is not successful, the End User may return any Service Provider wireless Products within the return period to receive a credit, and Customer will lose or repay to Service Provider any discounts or service credits provided with a returned Service Provider wireless Product or cancelled N extel Service or Sprint Service. If End User does not return Service Provider wireless Products within the return period as defined in Exhibit 2, Section 2.2 of the Wireless Product Annex, the Department shall be responsible for the suggested retail price of the Product. 3.10 TTY Access TTY-capable wireless Products (also known as TDD or Text Telephone) may not function effectively when attempting 911 calls due to the liroitations of the answering agency. 3.11 911 or Other Emergency Calls For 911 calls, an emergency responder's ability to locate End User through wireless Products and Services may be affected by various factors, including but not limited to, the type of wireless Product used, lack of a GPS-enabled device, geography or other factors such as the porting process. In some areas and depending on the equipment deployed by the local public safety answering point ("PSAP"), 911 calls may be routed to a state patrol dispatcher instead of the local PSAP. Pursuant to Section 365.172(11) of the Florida Statutes, Service Provider is not liable for failures or delays in connecting to the appropriate emergency services provider. Enhanced 911 ("E911") service that is compatible with FCC technical requirements is not available in all areas due to PSAP equipment capabilities. Customer consents to Service Provider's disclosure of Customer information to governmental and public safety authorities in response to emergencies. This information may include, but is not limited to, Customer's name, address, number, and the location of the user of the Service at the time of call. Service Provider's equipment and services must allow End Users in Florida to dial *347 (Florida Highway Patrol) at no charge. 3.12 Use of Sprint Wireless Data Services Customer acknowledges that use of certain wireless data Services, including some messaging services, may result in the disclosure to third parties of the user's email address and other information in connection with the user's Internet usage. As a result, End User may receive advertising, warnings, alerts and other messages, including broadcast messages. Service Provider does not disclose such user information to third parties. Such information is collected by the third parties based upon the End User's data usage. 3.13 Operational and User Guides As provided in Exhibit 5, the parties agree to begin developing an operational guide within 90 days after contract execution. The parties will mutually agree on the content of the operational guide. The Department is responsible for developing the. user guide using information derived from the operational guide. The Service Provider agrees to cooperate with the Department to Contract No.: OMS 10/ll-008B Page 12 of32 develop content for the user guides. The Service Provider shall be permitted to review and provide comment to the user guide prior to submission to the End Users. 3.14 Compatibility of Wireless Prodncts and Services Wireless Products may not be compatible with services provided by other wireless carriers, except for services provided over Sprint Service Provider Affiliate networks or in connection with Roaming agreements. Service Provider does not guarantee current or future compatibility of wireless Products or Services with third party products or Applications. Apparent compatibility or notice from Service Provider of compatibility is not a Service Provider endorsement of a third party product or Application. Unless otherwise stated in the Agreement, Sprint may, in its sole discretion and at any time, disable or discontinue use of any third party product or Application with the wireless Products or Services. Contract 4.0-PRICING 4.01 Rates The full and complete prices for the Services are set forth on Exhibit 3, attached hereto. Service Provider may modifY terms and features of a nationally available wireless Business Plan that are not set forth in Exhibit 3 without written notice to Customer. 4.02 Rate Increases The rates set forth on Exhibit 3 may not increase prior to January I, 2014. Beginning January I, 2014, Service Provider may increase the pricing subject to the following limitations: (i) the Department must be given at least one hundred eighty (180) days advance written notice of the exact amount of the price increase; (ii) no more than one price increase may be made in any twelve (12) month period; and (iii) the price increase may not exceed the most recent annual percentage increase in Consumer Price Index (CPI-W) for Urban Wage Earners and Clerical Workers. All Items. South Region (using the most recent twelve months of Labor Department statistics available at the time the notice was given). No retroactive price increases are allowed. 4.03 International Dialing Charges Unless otherwise instructed by the Department, End Users shall not have the ability to make any calls that will result in international long distance charges. If international calling is enabled, Service Provider may reasonably restrict availability and may charge the Department at Service Provider's standard international long distance rates. 4.04 Metering of Voice Usage The length of calls is generally measured from the time the End User presses the "SEND" key and ends when the phone device disconnects from Service Provider's facilities or when the End User presses the "END" key if sooner. There is no call usage for outgoing voice calls that reach a busy signal, a disconnected number or that ring continuously without making connection to the Sprint Networks. There is no call usage for incoming voice calls that End User does not answer or that enter End User's voicemail. 4.04.1 Nextel Direct Connect Transmissions. A Nextel Direct Connect transmission begins approximately when End User presses the button to initiate a transmission and ends approximately 6 seconds after completion of a communication (i.e., when End User or another participant releases the button) to which no participant responds within 6 seconds. If a participant responds within 6 seconds, the response is calculated as part of the initial transmission. End User initiates a new Contract No.: DMS lO/ll-OOSB Page 13 of32 transmission if End User responds more than 6 seconds after another participant completes a communication. Airtime charges apply for the entire period of titne the transmission is connected to the Sprint Networks. Service Provider will charge a minimum of 6 seconds for aU Nextel Direct Connect transmissions. After 6 seconds. Nextel Direct Connect airtime on a Sprint Product is rounded up to the next second for each transmission. 4.05 Metering of Data Usage Data usage is calculated from the time End User's device makes contact with the Sprint Networks or Sprint 4G Network until the respective network connection is broken or dropped, whether or not the transmission of data is a complete end to end transaction. Data usage may occur on any device capable of data transmission, including handheld devices and devices attached to or embedded in computers and includes sending and receiving e-mail, browsing the Internet, accessing certain applications, all complete, partial or interrupted uploads or downloads and re- sent data, and unsuccess.ful attempts to reach websites and other applications and Services, including those reSUlting from dropped network connections. Data usage is rounded up to the next whole kilobyte. Rounding occurs at the end of each separate session. Rounding of data usage charges occurs at the end of each billing period and the total kilobyte charges are rounded up to the next cent. Additional information on the metering of Data Usage is included in Exhibit 2. 4.06 Minimum Monthly Fee fMMF) Every SUNCOM Client's Service Account will incur a minimum monthly charge (as set in Exhibit 3 -Price) unless the Service Account's utilization cost exceeds the Minimum Monthly Fee's amount. 4.07 Roaming Charges In-state and out of state voice rates may be set out in End User's pricing attachment in Exhibit 3. Domestic Roaming for data is included in Service Provider Business Plans. International Roaming rates for voice and data will vary and are accessible through www.sprint.comlinternational or by contacting End User's Service Provider Account Representative. There may be delays in invoicing Roaming charges due to the practices of the Roaming service provider. Business Plans that include Roaming ("Roaming Included Plans") are not available with single-band phones or to users who reside or whose primary use is outside an area covered by the Nationwide Sprint Network. Service Provider may limit or terminate Service if a Corporate-Liable Active Unit user moves outside of the area covered by the Nationwide Sprint Network. Service Provider may, deny, terminate, modify, disconnect or suspend Service to a Corporate-Liable Active Unit if Roaming in a given month exceeds: (I) voice: 800 minutes or a majority of minutes, or (2) data: 300 megabytes or a majority of kilobytes. International calling, including in Canada, Mexico, and Guam, is not included in Roaming Included Plans. Prior to an adverse action being taken against an End User, Service Provider shall notify the Department by providing thirty (30) days prior written notification of any alleged infraction by an End User of the Services. 4.08 Special Services As set forth in Exhibit 3, End User also may incur charges for special Services such as directory assistance, operator-assisted calls or call-forwarding, depending on End User's Business Plan. 4.09 Reactivation Fee If Service Provider terminates Service to a Corporate-Liable Active Unit as permitted under the Agreement or requested by End User, Service Provider may require payment of any outstanding account balance before Service Provider reactivates Service to the affected Active Unit and Sprint Contract No.: DMS 10/ll-00SB Page 14 of32 may charge Department a reactivation charge. If Department is charged a reactivation fee on a Corporate-Liable Active Unit, Service Provider agrees to waive the reactivation fee through the application of a local market discretionary credit applied to the Department's invoice. 4.10 Monthly Recurring Charges Service Provider will bill Department for Wireless Services based on the Monthly Recurring Charges ("MRC") for the selected Business Plan. Customer will incur overage charges if the minutes or megabytes used exceed the minutes or megabytes allowed under the selected Business Plan. Contract 5.0 -EQUIPMENT 5.01 Resnonsibility for Obtaining Equipment SUNCOM Clients and End Users shall be responsible for obtaining the equipment necessary to use the Services from Service Provider or third parties. The Department may impose reasonable policies respecting such equipment. 5.02 Network Compatibility The parties will cooperate to ensure that any equipment used by End Users in conoection with Service meets industry standards and any other reasonable requirements of Service Provider. Service Provider may deactivate service to any equipment used by an End User that does not meet such requirements or which is otherwise causing network interference. To the extent practicable, Service Provider will advise the Department and the SUNCOM Clients in advance of such deactivations. ~ 5.03 Equipment Sales by Service Provider Pursuant to this Agreement, Service Provider agrees to offer equipment (including accessories) to SUNCOM Clients on the following basis: (i) Comparable Terms and Prices: The equipment models, standard prices and standard terms of sale shall be comparable to those offered to Service Provider's largest customers in Florida. Service Provider will offer highly competitive pricing and discounts for its services in a manoer in which the prices Service Provider charges its customers for the same services are not unreasonably dissimilar for similarly situated customers with like traffic patterns, volumes, commitment levels and the like. However, this section shall not in any way be construed as providing the Department most favored customer pricing as it is against Service Provider's corporate policy as a common carrier. Service Provider is prohibited by law from unreasonably discriminating between similarly situated customers. (ii) Minimum Discounts: Pricing shall reflect, at a minimum, the discounts set forth on Exhibit 3 (pricing for Equipment). (iii) Promotions: Service Provider may offer equipment sales promotions to SUNCOM Clients with the Department's consent. If requested, the Department may (but is not required to) assist in publishing these promotions. If the Department purchases a promotional wireless Product or Service, the promotional terms will control over any conflicting terms in the Agreement for that wireless Product or Service until the promotion expires or Customer selects a different Business Plan for the Corporate-Liable Active Unit enrolled in the promotion. Contract No.: DMS 10/1l-008B Page 15 of32 (iv) Ordering Process: Service Provider may require SUNCOM Clients to follow reasonable procedures for ordering, receiving and paying for the equipment (e.g., a requirement that all orders be placed through a designated account executive or toll-free numberJ-in---- accordance with Exhibit 2. Service Provider will not receive orders directly from an End User. (v) Warranties: Service Provider agrees to pass through to SUNCOM Clients any and all Equipment vendor warranties (includiog battery) to the fullest extent allowed under applicable law. Service Provider does not manufacture Products and, except as provided in this Agreement, is not responsible for the acts or omissions of the original equipment manufacturer. (vi) Americans with Disabilities Act: Service Provider shall identify any products that may .. be used or adapted for use by visually, bearing, or other physically impaired individuals. (vii) Title to Equipment. Excluding equipment sold to Customer under this Agreement Service Provider or its suppliers retain title and property rights to Service Provider- provided equipment. Upon termination or expiration of the Agreement or the applicable Service, Customer will surrender and immediately return the Service Provider-provided software to Service Provider; provided that Customer is not required to return the software installed in Products sold to Customer under this Agreement. (viii) U.S. Export Control: The Department is solely responsible for complying with U.S. Export Control laws and regulations and the import laws and regulations of foreign countries when End Users are traveling iotemationally with the Department's Equipment. 5.04 Equipment Lists and Catalogs The parties will cooperate in updating the equipment lists and catalogs set forth in Service Provider's response to the ITN. These updated lists and catalogs (with applicable pricing) shall be made available for viewing and ordering by SUNCOM Clients io accordance with Exhibit 2 - Business Process and Operation. Service Provider shall provide the Department with reasonable advanced notice (Le. prior to the effective date) of any equipment included in the lists and catalogs which will be discontinued. 5.05 Licensing Requirements Where software is provided with a Product or Service, Customer is granted a non-exclusive and non-transferable license or sublicense to use the software, including any related documentation, solely to enable Customer to use the Products and Services in accordance with the applicable licensing requirements. Software licensing terms and conditions of Service Provider's software vendors are provided by Service Provider or posted at www.sprint.com/ratesandconditions or otherwise provided to Customer through click or shrinkwrap agreements. Service Provider may suspend, block or terminate Customer's use of any software if Customer fails to comply with any applicable licensing requirement. Contract No.: DMS 10111 -008B Page 160[32 Contract 6.0-BUSINESS PROCESS AND OPERATIONS 6.01 Generally The initial business processes and operational requirements applicable to this Agreement are set forth on Exhibit 2 -Business Process and Operation. The parties shall cooperate to make reasonable clarifications,modifications, additions or deletions to these requirements from time to time based on changing circumstances and/or the desire for better efficiencies. By the end of the Development and Preparation Phase contemplated in Exbibit 2 -Business Process and Operation, the parties will organize and set forth the requirements in a comprehensive Operational Guide which each party will follow in good faith. Changes in the Operational Guide may be accomplished and implemented by mutual agreement without a formal amendment to the Agreement. 6.02 Weekly Conference Calls Service Provider shall participate in a weekly conference call with the Department to discuss and provide status on all open or unresolved issues related to the Services (including trouble tickets). It shall be the responsibility of Service Provider to coordinate and initiate the call at a time acceptable to the Department's staff. At the Department's discretion, the call frequency may be modified. 6.03 Helpdesk Service Provider shall assist the Department with the integration of the Helpdesk with the Department's Service Desk, Service Desk Express application and/or other existing DivTel helpdesk system(s). Additional information for Helpdesk ioformation is provided in Exhibit 1 - Technical Specifications. 6.04 Technology Information In the normal conrse of technology evolution and enhancement, Service Provider continually updates and upgrades its Networks, Products and Services. In some instances, these efforts will result in the need to ultimately replace certain offerings or technologies. In such event, Service Provider will undertake such replacement efforts in a customer-focused and commercially reasonable marmer and will, throughout the process, provide its customers with periodic updates that provide relevant information. As part of such technology evolution, Service Provider must reserve the right to migrate Customer from Products activated on the Nextel National Network to either a Sprint Direct Connect push-to-talk ("PIT") Product, or a Customer-selected non-PTT Product, that runs on the Nationwide Sprint Network; provided that Service Provider will not undertake any such migration with less than 12 months prior notice. Because there will be at least 12 months prior notice, in almost every instance Customer will have the abiiity to upgrade its existing devices to new or replacement devices under the then applicable Service Provider handset upgrade program. If the Customer has any devices that are not eligible for upgrade under tbis handset upgrade program and the Customer must migrate its existing Products activated on the Nextel National Network, Service Provider will permit the parties current upgrade policy to apply to such existing Products and permit the Customer to upgrade at the then existing upgrade costs to devices that are compatible with the replacement technologies. If Service Provider exercises its right to migrate Customer to a new technology under this provision, upon completion of such migration, the terms and provisions of this Agreement related solely to the Nextel products and service will terminate. In addition, the parties recognize that they may need to amend this Agreement to add new terms related to such successor technologies. Contract No.: DMS IO/II-OOSB Page 17 of32 6.05 Authorized Representatives Immediately upon execution of this Agreement, Service Provider shall notify the Department of its authorized representatives for purposes of giving and receiving the notices provided for under this Section 6 and any other Service orders, including those which involve the activation, change, or discontinuance of Service. The Department's authorized representatives are as follows: A. Contract Administrator The employee primarily responsible for administrative duties relating to the Agreement, such as maintaining the Contract file and fmaneial information on this Agreement, and will serve as the liaison with the Service Provider's Contract Manager and Department. Christina Espinosa, FCCN, FCCM Purchasing Analyst Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 380.9z Telephone: (850) 410-2404 The Department may appoint a different Contract Administrator, Contract Manager and/or SUNCOM Product Manager without an amendment to the Agreement, by sending written notice to Service Provider. B. Contract Manager The employee primarily responsible for overseeing each party's performance under to the terms of this Agreement. Any communication from the Service Provider to the Department retating to the Agreement shall be copied to the Contract Manager. Ionathan Rakestraw Division of Telecommunications Department of Management Services 4030 Esplanade Way, Suite 115 Tallahassee, Florida 32399-0950 Telephone: (850) 921-0857 I Fax: (850) 921-5162 E-mail: jonathan.rakestraw@dms.myflorida.com C. SUNCOM Product Manager The employee primarily responsible for overseeing the technical requirements for this Agreement. Raghib Qureshi Division of Telecommunications Department of Management Services 4030 Esplanade Way, Suite 125I Tallahassee, Florida 32399-0950 Telephone: (850) 413-0319 E-mail: raghib.gureshi@dms.myflorida.com Contract No.: DMS IO/1l-008B Page 18 of32 Contract 7.0-TERMS OF PAYMENT 7.01 Invoicing of Cbarges Invoicing shall comply with the terms and conditions set forth in Exbibit 2 -Business Process and Operation attached to this Agreement. 7.02 Payment of Cbarges Payment shall be made in accordance with State law, including Sections 215.422 and 287.0585, Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to Service Provider due to preparation errors will result in a delay in payment. The Department is solely responsible for all charges billed under this Agreement, whether or not a SUNCOM Client has paid the Department for such charges. 7.03 Transaction Fee The State has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to Section 287.057(23), Florida Statutes, all payments shall be assessed a Transaction Fee of one percent (1.0%), which Service Provider shall pay to the State, unless exempt pursuant to Rule 60A-1.032, F.A.C. The parties agree that taxes and surcharges shall not be assessed in the calculation for the Transaction Fee. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to Service Provider. If automatic deduction is not possible, Service Provider shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, Service Provider certifies their correctuess. All such reports and payments shall be subject to audit by the State or its designee. Service Provider shall receive a credit for any Transaction Fee paid by Service Provider for the purchase of any item(s) if such item(s) are returned to Service Provider through no fault, act, or omission of Service Provider. Notwithstanding the foregoing, a Transaction Fee is non- refundable when an item is rejected or returned, or declined, due to Service Provider's failure to perform or comply with specifications or requirements of the Agreement. Failure to comply with these requirements shall constitute grounds for declaring Service Provider in default and recovering re-procurement costs from Service Provider in addition to all outstanding fees. SERVICE PROVIDERS DELINQUENT IN PAYING TRANSACTION FEES MAYBE subj ect to being removed from the Department's vendor list as provided in rule 60A- 1.006, F.A.C. 7.04 Taxes Service Provider will recognize and honor all validly and properly issued and executed tax exemption certificates delivered by Customer and statutory exemptions and wiII not bill Customer for any such exempted taxes. Service Provider's rates and charges for Products and Services do not include taxes. Customer will pay any and all taxes for which it does not have an exemption. The only applicable FCC authorized fee, surcharge or assessment in effect as of the date of this Agreement are provided in Exhibit 3 and as updated in the catalog. These fees may appear on billings to the Customer. No other FCC or PUC fee, cost recovery fee, surcharge or assessment applicable to wireline and/or wireless voice and/or data telecommunications services may be imposed during the term of this Agreement, without the prior amendment under the Agreement, unless mandated by the FCC or PUC. Service Provider agrees to not biII for any items which are not mandated by the FCC or PUC and which are Contract No.: DMS IO/ll-OOSB Page 19 of32 otherwise not applicable to wireline andlor wireless voice andlor data telecommunications services. 7.05 Disputed Charges Disputed charges shall be handled in the manner set forth in Exhibit 2 -Business Process and Operation attached to this Agreement and subject to Section 215.422, Florida Statutes. 7.06 Proration of Charges Monthly fees for billing periods of less than one month will be prorated based on the actual number of days in such periods. 7.07 Charges Resulting from Lost or Stolen Devices In the event an End User's or SUNCOM Client's voice or data transmitting device ("Device") is lost, stolen, or otherwise absent from the End User's or SUNCOM Client's possession or control, the Department shall nevertheless be liable for all charges attributable to the Device until it or the End User or SUNCOM Client notifies Service Provider during Business Hours of such loss, theft, or unauthorized absence, in which case the Department's liability therefore shall terminate at the earlier of (i) deactivation of the Device by Service Provider, or (ii) the end of four (4) Business Hours after such notification is received by Service Provider. Service Provider shall use reasonable efforts, taking into account all circumstances which shall include other operational demands placed upon its employees, to deactivate Service to the Device affected as soon as practicable. 7.08 Right of Offset Following prior written notification and completion of the dispute process outlined in Section 14, the Department may, in addition to other remedies available at law or equity and upon notice to Service Provider, retain from amounts due Service Provider such monies as may be necessary to satisfy any claim arising under (i) this Agreement, or (ii) any other liability or obligation of Service Provider or its affiliates to the State of Florida. Contract 8.0-THE DEPARTMENT'S OBLIGATIONS 8.01 Trained Staff The Department shall provide an adequate and properly trained staff to receive and investigate any complaints from its End Users or SUNCOM Clients relating to Service, and will report any trouble to Service Provider with respect to Service only upon reasonable verification that such trouble is due to reasons other than the misuse or malfunctioning of the End User's or SUNCOM Client's equipment or the failure of such equipment to meet the technical standards for compatibility with Service. 8.02 Responsibilitv for Actions or Omissions The Department shall be solely responsible for all costs and expenses incurred in connection with its actions or omissions in the sale of Service or otherwise relating to this Agreement. The Department shall act in all respects on its own account, and shall be solely responsible for such things as billing, collection and, except as provided in Section II and Exhibit 1 -Technical Requirements, abuse or fraudulent use of any element of the Service, whether by the Department's employees or agents of the Department, an End User or a SUNCOM Client, or any third party (excepting only actions by Service Provider, Service Provider'S agent or Service Provider's employees), provided Service Provider has followed the Department's instructions under this Agreement with respect to such use. Contract No.: DMS 10/ll-008H Page 20 of32 8.03 Responsibility for Agents The Department is responsible for the performance of its agents, if any, and shall ensure that its agents are in compliance with any applicable terms of this Agreement and any other applicable industry standards, rules and regulations. 8.04 No Rights to Service Provider's Facilities or Intellectual Property No provision of this Agreement shall be construed as vesting in the Department any control, ownership or rights in any facilities, operations or intellectual property of Service Provider. 8.05 Notice to End Users and SUNCOM Clients The parties will cooperate in advising each End User and SUNCOM Client of the followiog: (i) The availability of the Service is not assured at all times or places; (ii) The privacy of the Service is not assured at all times or places; (iii) End Users and SUNCOM Clients have no contractual relationship with Service Provider with respect to the Service; and (iv) Any liability Service Provider might have to an End User or a SUNCOM Client for the Service shall not exceed the liability Service Provider would have if the End User or SUNCOM Client was a direct customer of Service Provider and had agreed to Service Provider's standard terms and conditions. The above notice requirements may be satisfied by a reasonably placed postiog on the Department's SUNCOM website. 8.06 Protection of Service Provider Marks The Department recogrtizes the right, title, and/or interest of Service Provider (through ownership or license) to all service marks, trademarks, and trade names owned by or used by Service Provider (the "Marks"). The Department agrees not to, directly or indirectly, contest or otherwise impair such right, title, and interest of Service Provider. The Department has no rights, and shall not acquire any right, title or claim to the Marks, shall not use any Marks, and shall not use Service Provider or any trademarks or trade names of Service Provider, directly or iodirectly, without the prior written consent of Service Provider. 8.07 Acceptable Use Policy If Customer purchases Products or Services, Customer must conform to the acceptable use policy posted at http://www.sprint.comllegal/agreement.html. as reasonably amended from time to time by Service Provider. Service Provider will provide a copy of the acceptable use policy to the Department every six months Contract 9.0 -SERVICE PROVIDER'S OBliGATIONS 9.01 Notice of Material Changes in Service Service Provider agrees to provide timely and reasonably detailed notice to the Department (based on circumstances present) of any material changes io Service of either a permanent or temporary nature. Service offerings are defined in Exhibit 1. Contract No.: DMS IO/ll-OORB Page 21 of32 9.02 Planned outages The Service Provider (over the wireless network) shall send notifications which infonns the end customer of the anticipated outage including date, time, and duration. Customer notification is sent via the Enterprise Notification System (ENS) for planned and unplanned downtime on the Sprint Network. Additional infonnation for outages shall be provided in Exhibit 5. 9.02.1 Unforeseen Outages Additional infonnation for unforeseen outages shall be provided in Exhibit 5 -Service Level Agreement Matrix. 9.03 Department Test Accounts Service Provider shall furnish up to ten (10) voice and up to fen (10) data (including equipment, voice airtime, and data transmit) wireless devices for use by the Department as test accounts. The test accounts shall be used to perfonn evaluation testing for the life of the awarded contract. The test accounts and devices shall be furnished at no cost. 9.04 SUNCOM Client Testing and Evaluation Prior to making their initial order for Service, SUNCOM Clients shall be pennitted to obtain wireless demonstration equipment (including airtime) for the purposes of testing and evaluation at no additional cost. The demonstration equipment shall be made available for a period of thirty (30) working days. Additional infonnation is provided in Exhibit 1 -Technical Requirements. 9.05 Security and Confidentiality A. The Service Provider shall comply fully with all security procedures, laws and regulations of the United States, State and the Department in perfonnance of the Agreement. B. The Service Provider (and any person or entity obtaining infonnation through Service Provider) shall not divulge to any unauthorized third parties any confidential infonnation obtained by Service Provider or its agents, subcontractors or employees in the course of perfonning the Services. Such confidential infonnation shall include but not be limited to, End User phone numbers, usage records, location infonnation and other fonns of identification of End User, security procedures, business operations infonnation, or commercial proprietary infonnation of the State, the Department, a SUNCOM Client or an End User. The Service Provider shall not be required to keep confidential any infonnation or material that is publicly available through no fault of Service Provider, material that Service Provider developed independently without relying on the State's or SUNCOM Client's confidential infonnation, or material that is otherwise obtainable under State law as a public record. To ensure confidentiality, Service Provider shall take appropriate steps as to its personnel, agents, and subcontractors. The tenns of this paragraph shall survive the tennination of this Agreement. C. Privacy Policy. Sprint's privacy policy, as amended from time to time, is available at www.sprint.com/legal/privacy.html. The privacy policy includes infonnation about Sprint's customer infonnation practices and applies to the provisioning of the Products and Services. 9.06 Prison Rehabilitative Industries and Diversified Enterprises. Inc. (PRIDE) Section 946.515(2), Florida Statutes, requires the following statement to be included in this Agreement: "It is expressly understood and agreed that any articles which are the subject of, or Contract No.: DMS IO/lJ·008B Page 22 of32 required to carry out, the Agreement shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Agreement the person, firm, or other business entity carrying out the provisions of the Agreement shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefi.com. 9.07 Products Available from the Blind or Other Handicapped. Section 413.036(3). Florida Statutes Section 413.036(3), Florida Statutes, requires the following statement to be included in this Agreement: "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 the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 9.08 E-Verify Employment Eligibilitv Verification Pursuant to State of Florida Executive Orders Nos.: 11-02 and 11-116, Service Provider is required to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment of all new employees hired by Service Provider during the contract teTID. Also, Service Provider shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the state contract utilize the E-Verify system to verify employment of all new employees hired by the subcontractor during the contract term. 9.09 Scrutinized Companies Lists In executing this Agreement, Service Provider certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to section 287.135(5), Florida Statutes, Service Provider agrees the Department may immediately terminate this Agreement for cause if the Service Provider is found to have submitted a false certification or if Service Provider is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Agreement. Contract lO.O-ABUSIVE OR FRAUDULENT USE OF THE SERVICES 10.01 Fraud If Service Provider reasonably suspects that any Service is being abused or used for fraudulent purposes, Service Provider reserves the right to hotline, suspend, or terminate such Service to the End User immediately ("Fraud Intervention Measure(s)"). Charges associated with fraud activity for which the Department has been confirmed as having no culpability will be credited. The credit may take more than one billing cycle to apply. Service Provider shall use reasonable efforts during Business Hours to provide advance notice of Fraud Intervention Measures. Contract No.: DMS IO/ll-OOSH Page 23 of32 10.02 Minimize Abuse The Department agrees to (i) make good faith efforts to minimize abuse or fraudulent use, (ii) promptly report any suspected abuse or fraudulent use to Service Provider, and (iii) cooperate in any investigation or prosecution initiated by Service Provider. Service Provider may require the Department to cancel the right to use Service by any of its End Users or SUNCOM Clients abusing or fraudulently marketing or using Service. 10.03 Suspected Abuse or Fraudulent Service Provider shall make commercially reasonable efforts to give the Department notice of suspected abuse or fraudulent use prior to implementing a Fraud Intervention Measure. 10.04 Fraudulent Use of Services If the Department at any time suspects that any Service may be, has been or is being used for abuse or fraudulent purposes, the Department shall be liable for all costs or charges incurred until four (4) Business Hours after the Department notifies Service Provider to tenninate Service under Section 2.05. 10.05 Prohibited Data Uses Prohibited Data Uses. Service Provider reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny, tenninate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in prohibited voice or data uses provided in the User Guide and in the Operational Guide, which is updated from time to time. In Service Provider's sole discretion, Service Provider will detennine the actions necessary to protect the Sprint Networks or Sprint 4G Network from harm or degradation. 10.06 Interrupt or Terminate Service Upon notice to Department, Service Provider may interrupt or terminate Service if Service Provider determines that the End User's use of the Service infringes intellectual propertY rights. Contract 11.0-NO WARRANTIES SERVICE PROVIDER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF WHATSOEVER NATURE RELATING TO THE SERVICE OR ANY EQUIPMENT PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. TO THE EXTENT SERVICE PROVIDER PROVIDES ACCESS TO INFORMATION PROVIDED BY OTHER SOURCES, SERVICE PROVIDER ACCEPTS NO LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT THEREOF. Contract 12.0 -LIMITATIONS OF LIABILITY SERVICE PROVIDER'S LIABILITY FOR DAMAGES OR COSTS ARISING FROM ERRORS, OUTAGES, OR FAILURES OF SERVICE, LACK OF SECURITY IN USE OF SERVICE, OR DEFECTS OR MALFUNCTIONS OF THE FACILITIES, OCCURRING IN THE COURSE OF PERFORMING UNDER THIS AGREEMENT, REGARDLESS OF THE Contract No.: DMS IO/IJ·008B Page 24 of32 LEGAL BASIS FOR SUCH CLAIM, SHALL IN ANY EVENT BE LIMITED TO AN AMOUNT EQUAL TO THE PROPORTIONATE CHARGE TO THE DEPARTMENT FOR THE PERIOD OF SERVICE DURING WHICH SUCH ERRORS, OUTAGES, FAILURES, DEFECTS, OR MALFUNCTIONS OF EQUIPMENT OCCUR, SUBJECT TO THE ADDITIONAL LIMITATIONS BELOW. THE ABOVE LIMITATION DOES NOT INCLUDE ANY POTENTIAL LIABILITY FOR INTENTIONAL TORTS. NO PARTY SHALL BE LIABLE TO ANOTHER FOR SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DATA OR RECORDS (EXCEPT TO THE EXTENT THE SERVICE PROVIDER IS REQUIRED TO BACK-UP DATA OR RECORDS), EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE. NO PARTY SHALL BE LIABLE FOR LOST PROFITS, LOST REVENUE, OR LOST INSTITUTIONAL OPERATING SAVINGS. THE DEPARTMENT ACKNOWLEDGES THAT SERVICE IS MADE AVAILABLE TO EQUIPMENT ONLY WHEN THE EQUIPMENT IS WITHIN OPERATING RANGE OF THE FACILITIES LOCATED WITHIN THE WIRELESS SYSTEM. SERVICE MAY BE TEMPORARILY REFUSED, INTERRUPTED OR LIMITED FOR MANY REASONS. INDIVIDUAL CONNECTIONS MAY BE "DROPPED" (I.E., INVOLUNTARILY DISCONNECTED) FOR A VARIETY OF REASONS AS WELL. SERVICE PROVIDER SHALL INCUR NO LIABILITY FOR ITS INABILITY TO PROVIDE ADEQUATE SERVICES HEREUNDER IF SUCH INABILITY IS DUE TO THE LACK OF NETWORK COVERAGE, NETWORK CAPACITY, OR TO CAUSES BEYOND THE SERVICE PROVIDER'S REASONABLE CONTROL. NOR SHALL SERVICE PROVIDER BE RESPONSIBLE FOR ANY ACT OR OMISSION RELATED TO THIRD PARTY EQUIPMENT OR SYSTEMS USED IN CONNECTION WITH THE SERVICE. WIRELESS SYSTEMS USE RADIO CHANNELS TO TRANSMIT VOICE AND DATA COMMUNICATIONS OVER A COMPLEX NETWORK, AND PRIVACY CANNOT BE GUARANTEED. SO LONG AS THE SERVICE PROVIDER HAS TAKEN REASONABLE PRECAUTIONS AND COMPLIED WITH THE TERMS OF THIS AGREEMENT, THE DEPARTMENT AGREES THAT SERVICE PROVIDER SHALL NOT BE LIABLE TO THE DEPARTMENT OR TO END USERS FOR ANY SUCH LACK OF PRIVACY. FOR ALL CLAIMS AGAINST SERVICE PROVIDER RELATING TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, AND REGARDLESS OF THE BASIS ON WHICH THE CLAIMS ARE MADE, THE SERVICE PROVIDER'S LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO $1,000,000. THESE LIMITATIONS SHALL NOT APPLY TO CLAIMS ARISING UNDER THE INDEMNIFICATION PROVISIONS IN THIS AGREEMENT, OR UNDER SECTIONS 15.9 (COMPLIANCE WITH LAWS) OR 15.10 (E-RATE) OF THIS AGREEMENT. Contract 13.0-INDEMNlFICATION 13.01 Indemnification Sprint will indemnify and defend State, the Department, the SUNCOM Clients and the End Users, and their officers, agents, and employees against all third party claims for damages, losses, liabilities, or expenses, including reasonable attorney's fees, arising directly from performance of this Agreement and relating to personal injury, death, or damage to tangible personal property Contract No.: DMS 10/11-008B Page 25 of32 that is alleged to have resulted, in whole or in part, from the negligence of Service Provider or its authorized agents, employees, partners, or subcontractors. 13.02 Conditions to Indemnification Service Provider's obligations under the preceding paragraph with respect to any legal action are contingent upon the party seeking indemnification giving Service Provider (i) written notice of any action or threatened action, (ii) the opportunity to participate at the Department's expense with Service Provider maintaining control over the claim or action. Service Provider shall not finalize any settlement with respect to the State, the Department, a SUNCOM Client or any End User in any legal action without the State's prior written consent, which shall not be unreasonably withheld. Contract 14.0 -DISPUTES Any dispute concerning performance arising between the parties relating to this Agreement, which is not resolved by mutual agreement of the parties, will be promptly submitted in writing to the other party in accordance with the Notice requirements of the contract. The parties shall designate individuals with authority to resolve the dispute and such individuals shall work diligently and in good faith to resolve the dispute within thirty (30) days. In the event the parties are unable to resolve the dispute within sixty (60) days, any dispute concerning performance of the Agreement shall be decided by the Department's Contract Manager, who shall reduce the decision to writing and serve a copy on Service Provider. The decision shall be fmal and conclusive unless within twenty one (21) days from the date of receipt, Service Provider files with the Department a petition for administrative hearing. The Department's decision on the petition shall be final, snbject to Service Provider's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to Service Provider's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Billing disputes shall be resolved pursuant to Section 215.422 of the Florida Statute. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Agreement shall be the appropriate State court in Leon County, Florida. In any such action, Florida law shall apply and the parties waive any right to jury trial. Contract 15.0 -MISCELLANEOUS 15.01 Annual Appropriations The State's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Legislature. 15.02 Waiver The delay or failure by either party to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of that party's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 15.03 Public Records The Department may terminate this Agreement if Service Provider refuses to allow public access to 'all documents, papers, letters, or other material made or received by Service Provider in Contract No.: DMS IO/ll-OOSB Page 26 of32 conjunction with this Agreement, unless the records are exempt from s. 24(a) of Art. I of the State Constitution and Section 119.07(1), Florida Statutes. 15.04 Contractual Obligations Neither party is authorized to act as an agent for, or legal representative of, the other party, nor shall either party have authority to assume or create any obligation on behalf of, in the name of, or that shall be binding upon, the other party. 15.05 No Subcontracting The Service Provider may not subcontract any of the Services without the Department's prior written consent. The Service Provider shall not be released of its contractual obligation to the Department because of any subcontract. 15.06 Notices Except as otherwise provided in this Agreement, all notices required or pennitted to be given hereunder shall be in writing and shall be delivered (a) personally; (b) by certified mail, return receipt requested; (c) by an overnight courier service having a record of receipt; or (d) by facsimile, with a conflrming copy sent by one of the other three methods described in this sentence. Notices shall be addressed as follows: (a) If to Department, notice shall be sent to the Contract Administrator and the Contract Manager (see Section 6.05 above). (b) Ifto Service Provider: Attn: Legal Dept. -Public Sector 12502 Sunrise Valley Drive MS: V ARESA0208 Reston, VA 20196 Fax: (703) 433-8798 with a copy to: Attn: Tracy Srodes Sprint Branch Manager, Florida Public Sector 4914 S Tamiami Trail Sarasota, FL 34231 Any party hereto may change its address by a notice given to the other party hereto in the manner set forth above. All notices shall be effective on receipt. 15.07 Force Majeure Each party's performance under this Agreement shall be excused if such non-performance is due to labor difflculties, governmental orders, civil commotion, acts of nature, weather disturbances or adverse weather conditions, and other circumstances beyond the party's reasonable control. 15.08 Ethical Responsibilities Each party shall be governed in all its dealings with respect to this Agreement by the highest standards of honesty, integrity, and fair dealing. Notwithstanding, the Department shall meet the requirements of Chapter 112, Florida Statutes where applicable. Contract No.: DMS IO/ll-OOSB Page 27 of32 15.09 Compliance With Laws Service Provider and the Department shall at all times comply in all material respects with all laws, rules, codes, ordinances, and licensing requirements and regulations applicable to the performance of this Agreement and the conduct of their business, including those of federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287, Florida Statutes, and Chapters 60A-l and 60FF, Florida Administrative Code, governs the Agreement. By way of further non-exhaustive example, Service Provider shall comply with Section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Agreement termination. For additional information regarding SUNCOM rules and statutes, please reference the following link: http://dms.myflorida.com!suncom!suncom _customer Jesourceslrules _and_statutes. 15.10 E-Rate The Schools and Libraries Program of the federal Universal Service Fund, commonly known as "E-Rate," is administered by the Universal Service Administrative Company (USAC), through its Schools and Libraries Division (SLD), under the direction of the Federal Communications Commission (FCC). The program provides discounts to assist most schools and libraries in the United States to obtain affordable eligible telecommunications, Internet access, and internal connections. SUNCOM Clients who have applied for E-Rate funding for eligible services and equipment from Service Provider are referred to herein as "E-Rate SUNCOM Clients." Service Provider must have obtained or applied to obtain a Service Provider Identification Number (SPIN) from USAC prior to execution of the Agreement and shall provide relevant SPIN(s) to the Department. Service Provider also is required to submit a Service Provider Annual Certification (SPAC) (Form 473) to USAC each funding year to certify that it will comply with E-Rate rules and regulations. Service Provider shall maintain eligibility as an E-Rate service provider and shall avoid being placed on Red Light status by the FCC for the duration of the Agreement. During the term of the Agreement, Service Provider shall be required to take all appropriate action to provide services in compliance with the terms and conditions of the Agreement and E- Rate rules and regulations. If Service Provider becomes ineligible as an E-Rate service provider during the term of the Agreement or becomes unwilling or unable to provide E-Rate eligible services in compliance with the Agreement and E-Rate rules and regulations, the D~partment and its E-Rate SUNCOM Clients shall change service providers and, if applicable, seek substitute services in accordance with applicable E-Rate rules and procedures. If during the term of the Agreement, due to circumstances within Service Provider'S control, Service Provider becomes ineligible as an E-Rate service provider, becomes unwilling or unable to provide E-Rate eligible services in compliance with E-Rate rules and regulations or the Agreement, or violates E-Rate rules and regulations in a way that causes USAC to deny E-Rate SUNCOM Clients funding in whole or in part, the following shall apply: A. Service Provider shall be liable for the actual direct damages incurred by the Department and any affected E-Rate SUNCOM Clients that have complied with the applicable E-Rate rules and regulations. 1. In the event that the Department and its E-Rate SUNCOM Clients change service providers and seek substitute services pursuant to the above paragraph, direct Contract No.: DMS IO/1l-008B Page 28 of32 damages shall include but not be limited to any aJ1)ounts paid to the substituted service provider above Service Provider's price under this Agreement. In the event the Department or such E-Rate SUNCOM Clients are unable to obtain USAC approval to change to the new provider as a provider under E-Rate rules and such USAC denial is a result of Service Provider's intentional acts, gross negligence or willful misconduct, Service Provider will also be liable for the amount of E-Rate funding forfeited as a result. 2. Service Provider shall continue to provide the affected services to the Department and any affected E-Rate SUNCOM Client until such time as the Department and any affected E-Rate SUNCOM Client obtains services from a new service provider as set forth above (Transition Period). If the Department or E-Rate SUNCOM Clients are unable to obtain E-Rate funding for the Service Provider services for the Transition Period as a result of Service Provider's intentional acts, gross negligence or willful misconduct, the Department and E- Rate SUNCOM Client will not be responsible to pay Service Provider for the amounts left unfunded by E-Rate for that Transition Period. 3. If Service Provider violation of the E-Rate rules and regulations is a reason for E- Rate SUNCOM Clients' loss or forfeiture ofE-Rate funding, in whole or in part, the value of the lost funding associated with Service Provider violation will be considered direct damage under this subparagraph (i)A. Any damages paid for by the Service Provider in relation to Sections A (1-3) above, shall be limited to each individual SUNCOM Client's total net payments for the affected Services purchased in the 12 months prior to the event giving rise to the claim. Additionally, in no event shall Service Provider be liable for direct damages as set forth in I. or 3. above or be required to perform as set forth in 2. above, beyond the last day of the E-Rate funding year in which Service Provider becomes ineligible as a provider under E-Rate, becomes unwilling or unable to provide E-Rate eligible services in compliance with E-Rate rules and regulations or the Agreement, or violates E-Rate rules and regulations in a way that causes USAC to deny E-Rate SUNCOM Clients funding in whole or in part. In addition, for purposes of clarification and to avoid confusion, the Department will not hold Service Provider responsible and Service Provider will not be liable pursuant to subparagraph A. above, if Service Provider becomes ineligible as an E-Rate provider during the term of the Agreement, becomes unwilling or unable to provide E-Rate eligible services in compliance with E-Rate rules and regulations or the Agreement, or violates E-Rate rules and regulations in a way that causes USAC to deny E-Rate SUNCOM Clients funding in whole or in part, due to circumstances that are determined to be beyond Service Provider's control. B. Invoicing. The Department acknowledges that it has posted an E-Rate Form 470 in connection with the procurement, which is a prerequisite to E-Rate eligible entities utilizing the Agreement awarded as a result of the procurement as the basis of E-Rate funding applications. Additionally, the Department acknowledges that some SUNCOM Clients may be eligible and apply for discounts under E-Rate. Both Service Provider and the Department agree that: Contract No.: OMS IO/ll-OOSB Page 290f32 1. E-Rate has specific rules and regulations regarding the manner in which USAC and SLD approve funding requests, are presented billing and conducts audits in connections with funding under the E-Rate program; and 2. In order to ensure that the billing mechanisms and processes established pursuant to this Agreement with respect to the applications of SUNCOM Clients for discounts under the E-Rate program are in compliance with the E-Rate program requirements and regulations, the duties and responsibilities of each party are set forth in Section 5.07.06 (Invoicing) of the Business Process and Operations Exhibit 2 -Business Process and Operation. 15.11 Advertising Subject to Chapter 119, Florida Statutes, Service Provider shall not publicly disseminate any information concerning the Agreement without prior written approval from the Department, including, but not limited to mentioning the Agreement in a press release or other promotional material, identifying the Department or the State as a reference, or otherwise linking Service Provider's name and either a description of the Agreement or the name of the State, the Department or any SUNCOM Client in any material published, either in print or electronically, to any entity that is not a party to Agreement, except potential or actual authorized distributors, dealers, resellers, or service representative. 15.12 Assignment No rights or obligations hereunder shall be assigned or delegated, in whole or in part, by either party to any other person, firm, corporation, or other entity without the other party's prior written consent, which consent will not be unreasonably withheld.. Notwithstanding the foregoing, Service Provider may assign this Agreement to an entity to whom the outstanding cornmon stock or substantially all the assets of Service Provider are transferred after first receiving FCC and other necessary governmental approvals with notification to the Department. For purposes of this provision, any change in the ultimate control of a party, by stock sale, merger, consolidation, or any other means, shall constitute an assignment subject to written notification to the other party. 15.13 Employees, Subcontractors, and Agents All Service Provider employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Service Provider shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. The State may conduct, and Service Provider shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by Service Provider. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Department's secutity or other requirements. Such approval shall not relieve Service Provider of its obligation to perform all work in compliance with the Agreement. The State may reject and bar from any facility for cause any of Service Provider's employees, subcontractors, or agents. 15.14 Governmental Restrictions If Service Provider believes that any govermnental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Agreement, Service Provider shall immediately notify the Department in writing, indicating the Contract No.: DMS 10/1l-008B Page 30 of32 specific restriction. The Department reserves the right and the complete discretion to accept any such alteration or to cancel the Agreement at no further expense to the Department. 15.15 Lobbying and Integrity The Service Provider shall not, in connection with this or any other agreement with the State, directly or indirectly (i) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (ii) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (ii), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Department's Inspector General, or other authorized State official, Service Provider shall provide any type of information the Inspector General deems relevant to Service Provider's integrity or responsibility. Such information may include, but shall not be limited to, Service Provider's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Service Provider shall retain such records for the longer of (i) three years after the. expiration of the Agreement or (ii) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/bannlgenschedules/gensched.htrn). The Service Provider agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of Service Provider's compliance with the terms of this or any other agreement between Service Provider and the State which results in the suspension or debarment of Service Provider. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Service Provider shall not be responsible for any costs of investigations that do not result in Service Provider's suspension or debarment. 15.16 Warranty of Ability to Perform The Service Provider 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 Service Provider's ability to satisfy its obligations hereunder. The Service Provider warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to Section 287.133, Florida Statutes, or on any similar list maintained by any other state or the federal government. The Service Provider shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Agreement. 15.17 Modification of Terms The Agreement contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Department and Service Provider. The Agreement may only be modified or amended upon mutual written agreement of the Department and Service Provider. No oral agreements or representations shall be valid or binding upon the Department or Service Provider. No alteration or modification of the Agreement terms, including substitution of product, shall be valid or binding against the Department. The Service Provider may not unilaterally modify the terms of the Agreement by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto Service Provider's order or fiscal forms or other documents forwarded by Service Provider for payment. The Department's acceptance of product or Contract No.: DMS 10/11-00SB Page 31 of32 processing of documentation on fimDs tiunished by Service Provider fur approval or paymt:nt shall DOt cons1ltute accepIImCe ofdle ptoposed modification to terms and ClOIIdiIioDs. Ii a SUNCOM Client or lIIe DepaJ_ previously ...mr.d into a written agteeIIlOIIIt fur die purchase of 8I\Y Service IiIm Service Provider, 1he provisions of such earlier agreemeot shall be subject to Ihe terms fur transIIIon.8S set furIh in EmIbit 1 (Business Operations) and 110 eedy CllllCdJalion fees shall apply. 15.18 hM"f!!! pd MrIp' 'Ibis Agreement shall be binding upoa. and inure to 1he benefit ot; die parties heteto and their mpeclive _ and p',,"UI!'11llllllp. IS.I' .......", ia Gm .. ",!!!!,.", The Agreement may be execoted in COUIIIeIparIB. each of which shall be m original and all of which shall c:oosliha but one and Ihe same~ 15.ZC1 limphlllty Ii a oourt deems 8I\Y ptOWIon of Ihe Agreement wid or 1.IIICIIIbnoeab that ptOWIon shall be eufuu:ed cm\y to 1he _ that it is DOt in wioJatioo of law or is not otherwise UIlIlIIfurccabI md all other provisions shaIllilillllll! in full fimlo and effoct. 15.l1 *ftIP pd ...... or !I!!tIh.N.'" Service Provider a1lowB die J)epldmeut, SUNCOM CliImIs and its Elld u .... in Florida to dial -nIP 81J1O addjtjona! dsarge. IN WITNESS WHEREOF, die parties have c:aused this Agreemeat to be eJ<eCUIcd by their duly authorized officers as ofdle daks signed below • ...... ...,.OF CmdnoINo.: DMS 10ll1-ClO8B CONTRACT BETWEEN FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AND SPRINT SOLUTIONS, INC. CONTRACT NO.: DMS-l0111-00BB AMENDMENT 10 THIS AMENDMENT ("Amendment'), to the Mobile Communication Services (MCS) Conbact No. DMS-10111-008B, effective January 13, 2012 ("Contract'), is entered into as of the last date signed below, by and between the parties to the Contract, namely, the 'State of Florida, Department of Management Services ("Department"), and Sprint Solutions, Inc .• ("Conbactor"). Contractor and the Department are hereinafter referred to Individually es a "Party" or collectively as the ·Parties". WHEREAS, the Parties entered into the Contract to set forth the duties and obligations of Contractor and Department in relation to Contractor's performance of its duties in connection with the Contract; and WHEREAS. the Contract provides for up to five (5) years of renewal and the current expiration date of the Contract is January 12, 2017; and WHEREAS, the Contract has remaining renewals for up to five (5) years; and WHEREAS, the Department wishes to exercise its option to renew the Contract for an additional five (5) years. WHEREFORE, in consideration of the foregoing premises, the Partie. hereto agree that the Contract shall be amended as follows: 1. CONTRACT 2.01 -Initial Term: The Parties agree that the Term of this Contract shall be renewed for an additional period of five (5) years commencing on January 13. 2017, and continuing through January 12. 2022, unless extended, cancelled or terminated as provided in the terms and conditions of the Contract. The Parties agree that no additional renewal periOdS will remain after January 12. 2022. SpecifiC Appropriation: The following Is the specifiC state funds from which the state will make payment under the Contract: General Appropriations Act (Florida Law) 2840 SPECIAL CATEGORIES CENTREX AND SUNCOM PAYMENTS Contract No: OMS-l0/H-00B8 Contract Amendment 10 Page 10f2 FROM COMMUNICATIONS WORKING CAPITAL TRUST FUND ........ $108.035.421 All other terms and conditions of the Contract shall remain in full force and effect. SO AGREED by the parties' authoriz~ representatives on the dates noted below: DEPARTMENT OF MANAGEMENT SERVICES SPRINT SOLUTIONS, INC. " I J. / n ~ cIr:~A~ ~. Signature Kim Green-Kerr. Vice President. Small Medium Business Print Name & Title 1-11-2015 Date Sprint Ref. flBSG1511.:o021 SprIntApproved as to Legal Form -HRF 01106/16 Contract No: D MS-10/ll-008B Centract Amendment 10 1/6/'JJJ16 Page 2 of2 RESOLUTION NO.: 34-13-13852 A Resolution authorizing the City Manager to enter into an agreement with Sprint Solutions to provide the City with wireless telephone, air card service and for the purchase of iPad tablets. WHEREAS, the City may make purchases by using the price quotations provided by Sprint Solutions to another governmental agency pursuant to a competitive process at least as restrictive as that of the City, and WHEREAS, Sprint Solutions has a contract with a governmental agency, Western States Contracting Alliance, (WSCA), Contract No. 1907 and the State of Florida "Participating State" Contract No. DMS-12/13-009, and after reviewing the prices in the WSCA contract, it is recommended to change to Sprint Solutions as the wireless telephone and air card provider for the City; and WHEREAS, these funds were allocated in account number ending in the number 4120 in each department budget in the 2012/2013 fiscal year budget; and WHEREAS, this change will benefit the City of South Miami by saving the City approximately $9,000.00 annually. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to terminate the agreement, at no cost, with the City's current wireless telephone provider, T-Mobile, and to enter into an agreement, which can be terminated without cause or penalty, with Sprint Solutions for wireless telephone, air cards and the purchase of iPad tablets with the same pricing terms provided in WSCA Contract No. 1907 and the WSCA Master Service Agreement between Sprint Solutions and the State of Florida No DMS-12/13-009 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity ofthe remaining portions of this resolution. Section 3. Effective Date. This resolution shall take effect immediately upon enactment. PASSED AND APPROVED this1 9t~ay of February, 2013. COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Harris: Yea Commissioner Newman: Yea Commissioner Welsh: Yea SUNDAY MAY B1G16 MfAMIHERALD,COM FROM PAGE 22SE CALENDAR nent Art Collection contains over 1,700 works.in all medlum~ and genres, inclucfln9 pa'lnting, sculp- ture, work~ on paper, photog- raphy, video, film, installation and public sculpture. "Recent Acquisi- tions + Highlights" will be the Museum's first long format installation containing selections from the College's vast collec- tion.'May 8-May 1112 p.m.-5 p.m. Free Miami Dade College -Mu- seum of Art + Design 600 Bis- cayne Blvd., Miami. Monday, May 9 Artifact: Mid-Century & Con- temporary De5ign On the occa- sion of Maison & Objet Americas. May 10-13, Gauchet Fine Art presents "Artifact," a vivid display combining French mid-century design furniture together with contemporary works by prolific French artists Patrice Breteau, Olivier Dassault and Ala'tn Bellino. The vignette showcase will feature an elegant interior design pairing of mid-century modern lighting and console, comple- mented by mid to large-scale sculptors and paintings through out the first level showroom, The main centerpiece will be the Twin Bird sculptors by Patrice Betreau. whose 3-dimensional monu- mental works go beyond geo- metriC art to create new rules where light predominates and chromatic variations, lioes and shapes come together to reach a perfect harmony -ultimately transfo'rming and irradiating any type of landscape or arChiteCtural space. May 9 -May 11 Free Gau- chet Fine Art 7636 NE 4th CL Miami. Inside/OUT: Art as Healing Therapy Members of more than a do;ren non-profit organizations as well as [ocal artists collaborate to celebrate the important role art plays in the healing process. May 9 -May 11 9 a.m.-S p.m. Free AttServe 1350 E. Sunrise Blvd .. Fort lauderdale. Lemon City/liHle Haiti Exhibit This colorful exhibit explores the hlstoryof l.emon City -Ut!!e Halli Visit the DlIde Heritage Trust headquarters to enjoy this exhib- it, and learn more about this part of Miami and Its colorful history. M<lY 9 -May 11 9 a.m.-5 p.m, Free Dade Heritage Trust 190 Sf 12th Terrace, Miami. You Too Can Learn Chari5ma at NAWBO's May 9 Signature Dinner The National Association of Women Business Owners, in partnership with the Organiza- tion of Women in International Trade and the Women's Chamber of Commerce, present block- buster keynoter Ruth Sherman for its May 9th Signature Dinner --a series of intimate and inter- active conversations about women's leadership and person- al/professional development, Sherman, who will have her latest book on-hand for pun~hase, SPEAKRET5 The)O Best, Most Effective, Most Overlooked Marketing And Personal Branding Essentials (Norsemen Press, June 15,2015), win offer unforgettable anecdotes and insights on how to have a greater impact when communicating publicly or privately, tips on boosting your charisma and how to enter any room, and command it! May 9 6 p,m. $40-$65 www.nawbomia- mi.orgjcontent,aspx ?page_id "'22&clubjd=454461&mod- uleJd=18S954 Seasons 52 321 Miracle Mile, Coral Gables. Tuesday, May 10 The Behavioral Heillih Confer- enee: Building Healthier Com- munities Un'lled Way of Broward County Commission on Sub- stance Abuse, in collaboration with Sroward Behavioral Health CoaUtion & Sroward County Government, will present "The Behavioral Health Conference: Building Healthier Communities," a two-day conference promoting community awareness and sup- port of behavioral health and substance abuse prevention. Featuring two full days of break- out sessions and speakers, the conference will provide a forum where participants can learn, inform, network and discuss issues related to research, policy <lfld practice; expand profession- al knowledge; provide quality continuing edUcation to behav- ioral health professionals: and promote community awareness of behavioral health afld sub- stance abuse prevention. Darryl Strawberry, former Major League sasebafl AII-Slar and World Series Champiofl, best-selling NEIGHBORS I 27SE author and the Co-Founder of the Darryl StraWberry Recovery Center and Strawberry Ministries, will provide the Keynote Address during a Luncheon on May 10th, Business attire is required. 5/10- Mav 11 7:45 a.m.-4 p,m. $50 Signature Grand 6900 State Rd 84, Davie. Jewish Naltonal Fund Hosl$t Ethics tn the Field: An Inside look at the Israel Defense ForcesA. Join Jewish National Fund (JNF) for a special event on Ethics in the Field: An Inside look at the Israe[ Defense Forces featuring guest speaker Colonel Bentzi Gruber. Col. Bentzi Gruber is Vice Commander (reserves) of Division 252, an armored division of 20,000 soldiers. He is founder of Chesed In The Field, a non- profit that brings together IDF reservists and chronically ill and disabled children for speci<ll events througHout the year, instilling the values of communi- ty and social responsibility in the hearts of thousands of soldiErs, PlEase RSVP to RSVPMia- mi@Jnf.org by May 6, 2016. May 10 7 p.m. Free Miami Beach Jewish Community Center 4221 Pine Tree Dr., Miami Beach. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY 1:1'''''' 1b"1 lb. City Cvmmi~"in" ufthe Cil}' (,fS!lUlb MilImi,l'lnridawill c(,ud"", l'ublic Hc~ri!!gW IIi irs. '"~ul1u (',tyC(,mmission ",,,,,liDg s~h~dlll~d fur1'uc,day. MA)' 11. 21)\0. he!J.inn~ M 1:00 p,m., ilL !he City ('Gmmii~!Dn ('''''mh.,s, (,J30 Sunset Dnve. TO ,,,"sider th" jolll;lwing jIlmlIS); • A Re!o]ution illllhori .. ing. The Cily Man"gerT<o en!erint"" I..ette, of.-\"lh,>Ti7.~t"'n ILOAI ,,~tII Sprin.t ~nluti"!111 to' 'pillgy~(I(;I;."nlo Srrmllo "ullti·y~"r "~,eementwith lb. ~W~ "f Flnrirul f"r ~ommuni~"Ir"n~ ~ervic~ ., A R~s()hlt'un ~ppr'lVillg ~ r~41l~t for ~n c~I~",ion of t;m~ fur i,~1llInc~ uf pennils fQr It SIl~oi~1 USIl O,"l ,,"J~ 1"."';01181), app,,,ved h)' Re,,,I1Jti~,, Ne.N"/-'5-14.'i~6. 111 lucole a 1l""e'ol ,e~tall'anl at .'i840 SW 7) Street (CUlm:'"'citol Sp""" -JOI). A R~slJlulil\n appmving a ,!\quo,1 lilT lin ~~I~l>lIi(}n uf hn'~ lllT ilSllOU"e 01" pmnils for" Spcd~1 U~" Ihat was pu\'ious!y ~PpIOVed b~ ReSl.,llItBm NI>.J~iI·I.'i_14.'i~g, II> Jn~1Il0 II cellerol r~~la,mlllt lit 'i8~() SW 71 Streel ICc,mmerd~ SPiloe-IIH!. ' An (JnJlnnn~e amend~:b~J'ter g,,,, "Ild ~p.citic~lfy Seo!j~1l.'l HA·4 j" dnruy Ih~ inl~nl and IC~nlw ao ~mhig"ify >I!d t~ "m~lId SA-'i tu d,,-ify ~nd ex.p;uu] ddlmliOl~~ orlll!! City .>fS~l1lh Miami's C"de ofOrcliruUloti. An Ordir.>I,cc;l!lIenc1mg Sec lion 20-4.2 ofth~ Cilv MSI>u\J1 Millmi' Lo",J l)co\1:1npn>cnt eude til .dd l'ritNiu 'Ill" r.n,.,wl"u<ednre; Cu' ~,e CiTy's "l'p'(OVIti "f\h~ suMi,i~iun "r I~n,~ judu<iinS Bubdivisi<1ll by ~ !V!li\~ ('(I'M ur 110wugh Iho l'''''~"<lI ""I n,rlh in Chapler 2~ ,,[tit" Mi"mi-Da<l~ CU1nll)'C"dc. An Ordlt~,,,~e »(the Clly (OJ'S""lh Miami c~1ablighing " mnrnIClrium on Ill!! subdi"i<inlt ul' rar~et~ on.nd p"lllling th~ mloptmn "l Illl ~mcndmcU\ 10 Om ClI)'~ Land J)~"el(}pmen! ('ude, Soct,oo 20-'12, gOV<lruUl~ iuhdtn<iou of l;t.nd nnd ~Il~ctrnem ofSoction 20·~ 17. gov~miog huil~~hle ,ires. All Ordillllnce ,,"~nrlinJl, Ch,.'pter l~ 'If lire Cil)' ,,{ Snulh Mifun;'s Code of OJ<lirumces, Ankle I, S~CtlUn 15-66, \il1<X1 "!II.ltc misd~mt:ru~'ri" lind 1<1 ~I\thori;<c tb~ i~g""nc~ of. oi"il tiTatio" in lieu "f "''''3t r", conain "'i!~em",,"Ni, e~labllshi)1g <nforcemelll, l'en.]li~~ and pm"~(lut~, ICJnl~'~ theret" An (I,di""ncc re)olh,&!{) lh~ Cily:' Schedule "j" h~ ",,<1 ril,es: antenliin& ",Jh'"n.;e 22_14-22UII t" 11l':"'''le ~"'l\~ :i:~s, adding ll~\v Ji,"~. ~nd deleting "mne lees fro", Il,~ 8dl~dule. A LT, intcreslI:d pa:rrl~s are in"il~d 10 n!te11l1 and will be h~"r(L 1'", Ihrlherinfnn"'''i''n. pl~.~" ~"n!.al:1 the City (:J~r1<'~ Office oi: 31)5_~~_\_/i.l40 rvlJoria M. MUU~lId~~, CMC CJlyCterk p,,,",,,", '," Fl",j,t, ~Iht"!t' 2~"-Mn,. Ih' ril)' )!".h)· .d"i.'''' lh. pO"]io Ih.1 if" PO""'" ,"",;,10> t" 'pp"] ,ny de.:N.'n ",,,,10 hy Ihi. D"'~k A~'noy '" C""'ou."~,, with '<.~.ot 10 ;,ny "",11<' o"ns,"""d or n. m"!iug '" h.,'<i,,~, 11. or .It. ",11 n",,'" "e~,ri of Ih. r""""IIn~. ,ud 11.,\ f~, ,"cit D"'I'"",.fIoo",d p'''''n mil)" """"~, ,"SI'" tl\.!1. ,-"oh"lim ,,,",n of'h.prn",«l,"~,,, m.n" whi.h "e.lIT! ,nolo.l .. Ill. 1'''",,"11)' ond "",d<n"" opu"",h;<hl" "1'1"'.1;'10"<.'''' The Taoist Tai Chi Society" internal arts and methods incorporate stretching anc! turning into a sequence of movements that improve the health of body, minc!, anc! spirit, They reduce tension, improve circulation and valance,. and increase strength anc! flexibility. New Beginner ClasE> Start Thursday, May 19, 6:00 -7:30 p.m. Tuesday, June 7, 6:30 -8:00 p.m. Saturday, June 11, 9:30 -11:00 a.m. Taoist Tai Chi SOCiety of the USA A CHARITABLE ORGANIZATION website: taoist.org/usa! Phone: (aoS) 598--3959 e-mail: