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7THE 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 December 6, 2016 Agenda Item No.:2 Steven Alexander, City Manager A Resolution authorizing the City Manager to enter into a contract for a GPS Fleet Tracking and Reporting Services with Sprint Solutions by piggybacking off of Sprint's multi-year contract with the State of Florida. The City entered into a piggyback agreement with Sprint Solutions, Inc., through a State of Florida Contract No. OMS-I 0-1 1-0088 for Mobile Communication Services, authorized by Resolution No. 094-16-14649, dated May 17, 2016 for mobile phone an air card services. In addition to mobile phones and air card services, the State of Florida Agreement offers GPS Fleet Tracking and Reporting Services. The City, in an effort to maximize the performance of its fleet, is proposing to install the "Fleet Locate Asset Solution" on a majority of its working fleet on a six (6) month pilot program, which mayor may not include Police vehicles. Police vehicles will soon be equipped with new laptops that includes a Smart and G PS locate features, however the laptops may not provide vehicle performance and maintenance reporting to the level the City would require. Some of the benefits of the Sprint "Fleet Locate Asset Solution" are listed below: • Increase productivity and efficiency by optimizing schedules, routes and better managing vehicle maintenance. • Increase fuel savings by reducing idling, unauthorized vehicle usage and utilizing diagnostics. • Increase safety by promoting safer driving behavior and providing driver alerts. • Improve customer satisfaction by providing faster response times, notification of worker ETA, etc. THE CITY OF PLEASANT LIVING FUNO& ACCOUNT: ATTACHMENTS: • CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Real time location information on vehicles and other assets. • Alerts when vehicles are running late or crossing into or out of certain areas. • Feedback and driver scores indicating levels of driver;, safety and fuel efficiency. • Tools and reports to help increase worker productivity, optimize routes, and gain efficiencies. The cost per vehicle is $26.40 per month which includes 5 MB data plan. The City is estimating the "Fleet Locate Asset Solution" will be installed on approximately 50 vehicles currently in our fleet. The pilot program will consist of a six (6) month period where, at the end of the pilot period, the City will determine whether to continue the program or terminate service. As per the term and conditions of the State Agreement, the City may cancel service at any time without penalty, The monthly cost on 50 vehicles is $1,320. Should the City decide to install the "Fleet Locate Asset Solution" on all City vehicles, including Police, estimated annual cost is $38,333. The total expenditure shall be charged to the Motor Pool Maintenance & Repair Account number 001-1760-519-4620 which has a balance of $41,656 before this request was made. Resolution Sprint Solutions Quotation Sprint Solutions Proposal Resolution No. 094-16-14649 & Piggyback Agreement 1 2 3 4 5 6 RESOLUTION NO.: ________ _ A Resolution authorizing the City Manager to enter into a contract for a GPS Fleet Tracking and Reporting Services with Sprint Solutions by piggybacking off of Sprint's multi-year contract with the State of Florida. 7 WHEREAS, the City entered into a piggyback agreement with Sprint Solutions for mobile 8 phones and air card services through a State of Florida mobile communications services contract 9 no. DMS-1O/ll/-008B and authorized by Resolution No. 094-16-14649; and 10 11 WHEREAS, the Sprint Solutions and the State of Florida mobile communications services 12 contract no. DMS-10/11/-008B offers GPS Fleet Tracking and Reporting Services identified as a 13 Fleet Locate Asset Solution; and 14 15 WHEREAS, the City desires to install the Fleet Locate Asset Solution on approximately SO 16 vehicles in the City's fleet under a six (6) month pilot program to increase productivity of the 17 fleet by managing vehicle performance, increased fuel savings and by promoting safer driver 18 behavior; and 19 20 WHEREAS, at the end of the six (6) month pilot program, the City will determine 21 whether to terminate or continue and expand the program to additional City vehicles; and 22 23 WHEREAS, Sprint's legal department has advised the City that the State of Florida 24 contract no. DMS-10/11-008B terms and conditions does not require the payment of any fee for 25 cancellation of service at any time for SUNCOM customers such as the City; and 26 27 WHEREAS, the cost per vehicle for the Fleet Locate Asset Solution is $26.40 per month 28 or $1,320 per month on 50 vehicles during the six (6) month pilot program and, should the City 29 decide to install the Fleet Locate Asset Solution on the entire City fleet, the annual cost is 30 estimated at $38,333. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 33 CITY OF SOUTH MIAMI, FLORIDA: 34 35 Section 1. The City Manager is authorized to enter into a contract for a GPS Fleet 36 Tracking and Reporting Services with Sprint Solutions by piggybacking off of Sprint's contract 37 with the State of Florida mobile communications services contract no. DMS-10/11-008B for a 38 per vehicle cost of $26.40 per month and in accordance with the terms of the State of Florida 39 contract, provided it can be cancelled at any time without penalty, for a term not to exceed five 40 (5) consecutive years. 41 42 Section 2. The City Manager is authorized to expend an amount not to exceed $38,333 43 in fiscal year 2016-2017. 44 45 Section 3. The City Manager is authorized to expend Sprint Solutions in future fiscal 46 years, based on the commissions allocation for Fleet Locate Asset Solution through the annual 47 budget process using the approved piggyback agreement. 48 49 Section 4. Severability. If any section, clause, sentence, or phrase of this resolution is 50 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 51 shall not affect the validity of the remaining portions of this resolution. 52 53 54 Section 5. Effective Date. This resolution shall take effect immediately upon passage and approval. \ 1 2 PASSED AND APPROVED this __ day of ,2016. 3 4 ATIEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 READ AND APPROVED AS TO FORM, COMMISSION VOTE: 10 LANGUAGE, LEGALITY AND Mayor Stoddard: 11 EXECUTION THEREOF Vice Mayor Welsh: 12 Commissioner Harris: 13 Commissioner Liebman: 14 Commissioner Edmond: 15 16 CITY ATIORNEY IC~lst()ml!r Name: I Address: # (If applicable): Quote Date: Universal Funding Fee quotation for equipment and/or services under Sprint Communication's Is provided for Informational purposes only. This quotation is not and should not be ."nn ... n .. "n as an offer by Sprint Communications to perform any work or to provide any products and/or services; is not intended to convey Sprint Communication's IA~lraj~m'~ntto perform any work or provide any product and/or services; nor is It intended to indicate a customer's eligibility to order equipment and/or services. To order and/or services, eligible customers must submit a valid purchase order, credit card, or execute Ii funding form agreement. This quotation is valid for thirty (30) date on which It was and be extended written Sprint Service Plan Pricing specifically for the MCS CONTRACT NO.: DMS~10/11-008B. Please click on the Plan Details Link to see additional details for each service plan. Terms and Conditions apply for each type of Service Plan which are provided by clicking on the "T&C Details" link. Certain Business Plans, features, and equipment discounts may not be available on all wireless devices. Sprint Service PlanPrici Sa Sb 7 8 9 ProPack 400 Page 10f87 EFFECTIVE DATE: 6/30/16 State of Florida MCS CONTRACT NO.: OMS-I0/11-008B 66 -Canvas 68 -Equipment Service and Repair Plan Page 30 ofS7 EFFECTIVE DATE: 6/30/16 State of Florida MCS CONTRACT NO.: OMS-IO/11-00SB Sprint> o https://www.dhs.gov/wireless- priority-service-wps Users State of Florida MCS CONTRACT NO.: DMS-10/ll-008B For companies with people in themN Fleet Tracking -City of South Miami 10/17/2016 Tracy Srodes tracy.Srodes@managemobility.com 941 5390918 #MoveForward Tom Nadler Tomer.nadler@sprint.com 305 345 6637 Sprinf Business Sprint Corporation 6200 Sprint Parkway Overland Park, KS 66251 10/1712016 Steven Kulick City of South Miami 6130 Sunset Dr Miami, FL 33143 Dear Mr. Kulick: Sprint" Business There has never been a better time to be a Sprint customerl Here at Sprint we are focused on providing a network that delivers the consistent reliability, capacity, and speed that our customers demand. The wireless industry has created a one-sided business model that needs to be radically changed if it is to deliver on its full potential to move people forward ... and the time has come to fix it. Sprint Business will help South Miami solve the real challenges you're facing. We can help you to: • Simplify your mobile procurement process • Stop investing in rapidly depreciating equipment • Gain an ally to deploy your devices more efficiently • Get more value for your mobility spend At Sprint, we know that technology is essential to our customer's lives. Our network will be world-class and our service will be affordable so we can deliver the full promise and potential of wireless solutions. Sprint means Value, Simplicity and Reliability in wireless services for South Miami. We will remain easiest to do business with and build the reliable network partner you need. We look forward to working with you to make this project a success. Sincerely, Tracy Srodes Business Development Manager 9415390918 tracy.Srodes@managemobility.com ~hj-NC""_",Mw,;",,l."HA-'S __ -,'''# "'1I<\""""''''XV'''''-''''''''''''''-'''i1 » #MoveForward Sprint Table of Contents BUSINESS GOALS ......................................................................................................... 2 BUSINESS SOLUTIONS ................................................................................................... 3 SPIREON FLEETLoCATE (FL7) PLUG-AND-PLAY FLEET SOLUTION ........................................... 3 SPIREON FLEETLoCATE FOR FLEET ...................................................................................... 8 SPIREON FLEETLoCATE UNPOWERED ASSET TRACKING FL 700 ............................................ 29 SUPPORT SERVICES .................................................................................................... 32 ACCOUNT TEAM SUPPORT .................................................................................................. 32 WHY SPRINT ............................................................................................................... 33 CONCLUSiON ..................................................................................................................... 33 © 2016 Sprint All rights reserved. This information is subject to Sprint policies regarding use and is the property of Sprint and/or its relevant affiliates and may contain restricted, confidential or privileged materials intended for the sole use of the intended recipient Any review, use or distribution or disclosure is prohibited without authorization. Sprint and the logo are trademarks of Sprint. MOTOROLA and the Stylized M Logo are registered in the U.S. Patent and Trademark Office. Research In Motion, the RIM logo, BlackBerry, the BlackBerry logo and Sure Type are registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries -these and other marks of Research In Motion Limited are used with permission. The Bluetooth® word mark and logos are owned by the Bluetooth SIG, Inc. and any use of such marks is under license. Android, Google, the Google logo and Android Market are trademarks of Google Inc. iPhone is a trademark of Apple Inc .. The HTC logo and HTC EVO are trademarks of HTC Corporation. Other marks are the property of their respective owners. Disclosure Statement -Sprint This proposal is provided in response to requirements of Customer and may include trade secrets or confidential, proprietary or financial information that is exempt from disclosure under applicable law, and shall not be duplicated, used, or disclosed -in whole or part -for any purpose other than to. evaluate this proposal. If, however, a contract is awarded to this offer or as a result of -or in connection with -the submi!:?sion of this data, Customer shall have the right to duplicate, use or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Customer right to use information contained in this data if it is obtained from another source without restriction. The data subject to the restriction are contained on sheets annotated with a restrictive legend. Technology Evolution A. In the normal course of technology evolution and enhancement, Sprfnt continually updates and upgrades its networks, Products and Services. In some instances, these efforts will result in the need to ultimately replace or discontinue certain offerings or technologies. In such event, Sprint will undertake such efforts in a customer-focused and commercially reasonable manner. Accordingly and notwithstanding anything in the Agreement to the contrary, Sprint reserves the right, in its sole discretion, after providing the notice set forth in subsection B below, to: (1) migrate South Miami to a replacement technology; or (2) discontinue any Product or Service without either party being in breach of the Agreement or incurring early termination liability relating to the discontinuance of the affected Product or Service. B. If Sprint takes any action set forth in sUbsection A above, Sprint will provide advance notice reasonably designed to inform each affected customer of such pending action The form of Sprint's notice may include without limitation, providing written notice to any address listed in the Agreement for South Miami or any address Sprint uses for billing or as set forth in an Order. South Miami agrees that such notice is reasonable and sufficient notice of Sprint's pending action. DIM!; D~ 8/8/.201-6 City of South Miami Business Goals I am excited to work with South Miami to provide a solution addressing some of your top business challenges. Our business solutions have a proven track record of helping companies increase productivity while delivering exceptional value and ease of use. Based on our last meeting, the following were among your key business objectives and concerns: • Increase productivity and efficiency by optimizing schedules, routes and better managing vehicle maintenance • Increase fuel savings by reducing idling, unauthorized vehicle usage and utilizing diagnostics '. Increase safety by promoting safer driving behavior and providing driver alerts • Improve customer satisfaction by providing faster response times, notification of worker ETA and more accurate billing • Improve regulatory compliance for requirements including Hours of Service logging Sprint smart solutions for fleet and asset management can be customized to fit your business requirements and maximize your return. We will help you save time, money, boost productivity and streamline business operations by providing: • Real time location information on your vehicles and other assets • Alerts when vehicles are running late or crossing into or out of certain areas (geo-zones) • Feedback and driver scores indicating levels of driver safety and fuel efficiency • Tools and reports to help you increase worker productivity, optimize routes, and gain efficiencies We've worked with companies in your industry to show significant results and have prepared the following proposal to help you do the same with solutions including: • Plug and Play Fleet • Spireon FleetLocate • Spireon Asset Tracking 8/8/;2.01-'=> City of South Miami Business Solutions Spireon FleetLocate (FL 7) Plug-and-Play Fleet Solution Sprint has teamed with Spireon to offer the most versatile and powerful plug and play fleet management solution on the market today. This solution is a cloud-based fleet management application that can be easily accessed from any location and from a variety of mobile devices. The software is scalable and can be customized to meet South Miami specific needs. Spireon FleetLocate FL 7 plug and play solutions are Spireon-branded version of the Geotab fleet management solution. This solution combines the simplicity of plug and play with state of the art analytics and easy to use web-based user tools and reports to give South Miami customers the tools they need to effectively manage their fleet. Add to this the versatility to support any type of vehicle and this solution has the unique features that make it a leading fleet management solution for businesses with fleets of all sizes and types. This Spireon FL 7 solution combines two powerhouses of Geotab and Spireon -offering the industry leading features of the Geotab solution backed by the industry expertise and customer support excellence of Spireon. Spireon Fleet Management solutions offer: ~ Devices -One simple plug and play device covers almost every vehicle, Requires no additional antennas and no splicing of wires, reducing installation times and fees ~ Productivity tracking -Get a unique view of drivers' activities including speeding, harsh braking and driver status ~ Driver safety -Alert driver to change their behavior when driving is unsafe • Savings -Reduce costs by noting driver idling time, speeding, fast acceleration and more ~ Ease of use -View important driver information in easy to read reports. This versatile platform offers over 30 fully customizable reports in Excel format ~ Comprehensive and Accurate -Complete feature set including full engine diagnostic codes and notifications with the greatest accuracy on the market • Software -Leading edge GPS fleet management technology with active tracking and frequent pinging options can help improve your bottom line The FL 7 Device Sprint offers the Spireon Fleet Management solution with the Spireon FL 7 device. This Spireon FL 7 device offers the same reliability and functionality as the previous generation but, at a lower cost. The FL 7 has many innovative, industry leading features, including: ':<. , .. ' .. ' .'. . ,. .' '. , Key.FLHeatures include: > .... ,'. '< :. ~ Plug and play for vehicles with OBD2 port and optional adaptor for J-Bus vehicles ~ Compatibility with all vehicle types -gas, diesel, hybrid and electric • Self-calibrating and noise filtering G-force monitoring, engine and battery health assessments ~ Option to add sensors (GPS, Satellite) & more wliOX cable • Quick latch GPS obtains location faster • High accuracy location tracking/movement with patented algorithm-assisted GPS • Driver safety alerts/reports; Driver score 8/8/;2.0j.~ City of South Miami • Audible, in-vehicle alerts for driver self-coaching (standard beep, loud buzz, voice) • Highly accurate Engine Diagnostics using proprietary code lookup database • Battery voltage check and alerts when low • Real speed vs. Posted speed alerts/reports • Electronic Logging Device (ELD/HOS) • Driver Visual Inspection Report (DVIR) • Fuel tax data (IFTA) for easier report filing • Automatic, over-the-air configuration and firmware download ~ Flash memory storage: Up to 40,000 logs in offline mode (out of coverage) • Accident Data Memory: Buffer records over 100 mins of second-by-second data 8/8/;2.01-0 ~;~~. ~. ;,;;1F1.;;H;,oIIN~Rt'I~11 ....... _ ..................... _ ...... ___ + ..... §9.9!), _;ooofoo_·~'~m~'. '"'!.9~91'l:""""'ot-~m~'S~9~' ' ........ F DlNta Induded. I~ ,ftddIli._ ~/d'lIita,pi~"i riM" ... F'lfeiii!i~ '~I;np, I~I~ ~tiOlfl lIIw!iJ'tll'oIliJl.rfit.B .. \PI1;iJiJ:jli1'i'l~~ed nliir1r1!'NJ 'Go'hIikCo.wtiCle·8ged()·' .~li'Ir~ ""~~ oIl~ w/~Il'I!!I.~ ~$iJI~!!i U&l)gll'$ lOX * .Att;t;l!tmlll(~g l!o.1ik ~nrer·hRiIQ ~ IIII-~hill:!~ ~i!! oI(!!/.gff wiith, t::iil'll!l..gdi 011' iQYlI~ imIH~~~ GiIl)qr:s; ~e ''lI'riiiCltDniji *ll)'~~.Attillcmilfiell'l~ REFER TO MCS PRICING I I .:1lI!II ~1lI!II ,.~IIli!IIkiIiw!U. ~iII~iII' '~i!!I'.i!!'I,~ ---~- "11 +~i!I If '~Uil!lft ~it! Expandable Plug and Play South Miami can add an ever increasing number of sensors and controls. Any number of lOX devices can be connected together and used at the same time offering tremendous expandability. In addition the solution offers unparalleled flexibility as shown in the following table. rji~;j;t~q;:[i1li;m'~J'i:~~f';;5~~:,:;;'~j:~;;\ .;tg,:,!",g;4tl;'('W,"1:;':. Ilu,'):'!;! :;"~;;~;it:';,:,"'C;' ./':.;~ .• " .,:.,.:,; .•.•. :' .•• ",,; .{,' ;·.i., .,', i·.,' .'\y:·,ii,\. Easy installation Plug and play. Installs in seconds into vehicle's OBD2 (usually under dash) in cars, vans, and light to medium duty trucks (Class 1-5 vehicles). Emits 3 beeps to let you know it is installed correctly. Supports All Vehicle With an optional adaptor sold separately, this unit can also install into a CAN BUS Types (diagnostic port for heavy <;Iuty Class 6-8 vehicles). Self-Configuring for OBDII and CAN BUS. Multiple Driversl Driver Can identify, authenticate and report on drivers using RFID, allowing vehicle ID operation and ease oftracking by driver for companies that have multiple drivers usingthe same vehicles. '1~~lj,:&il&:~tfif~h~rti?~Nt~~J':~~~i~Ilbt~~~I,S~R~1¥~1~'~f.f&~Y;I~{.~~Mit~jnii3tlDi~:MOQltQtmi!I~ii{;~i~jh~~,',;J{:0~~,;,;r-i~st!;~:,:d:~?~~~;,~~::s'}:~·~f~:~lNr~f:~·.{~:?)?}~}}::~-~ Real Time Location I State of the art, real-time highly-sensitive GPS Connectivity can provide location GPS information even in an underground garage. GPS latches within seconds. Accurate, precise map, mileage and tracking. Quick GPS Latch Fast GPS latch by having the GPS always know where the satellites are. GPS latches within seconds after startup Active Tracking Provides frequent pinging for near real-time tracking and mapping. Available only with Advanced Plus and requires a 25MB Data Plan. Slow Residential Speeds Provides accuracy at slow speeds for precise readings in residential areas. Ideal for street sweepers, snow removal, etc., vehicles that move slowly by nature of the work Breadcrumb Trail Track real time location and path of vehicle, including # of stops taken. plus clear visual indication of whether moving, idling, stopped and PTO engaged Geo-fence zones The multi-point Geo Zone feature provides a mechanism to outline specific territories. Whether it's a building, city block, a specific neighborhood or region, users receive instant alerts when vehicles or equipment leave or enter a defined ~eogra~hic area Idle Time Dashboard and reports show percentage of time spent idling. Reducing this can reduce fuel costs. I i~~~i;~\j1;;;;'F!J:;';i%;,>:;,:;;,.":i,:,;)\: ".";;:',;" ' tl)tOOtf(.~Q't;JJ:L~(f::'\Y'ir7;",(:;h~:;:?,':h\ik}:;;,.,:i8;;.;;';·:;:'0· ... ~ Risk & Safety Report and Captures and analyzes driver behaviors such as swerving, hard braking, rapid Driver Ratings acceleration, hard cornering etc. to provide a driver score and readout on the events and impacts (fuel usage from rapjd acceleration) of driver behavior. In Vehicle Driver Alert Warns drivers with an audible beep when they violate a pre-set rule or guideline. Over time, real time feedback allows drivers to self-coach and improve driver behavior. Options for Loud Buzz and Voice Response (GO TALK) are available Real Speed over Posted Compare actual driver speed versus true posted road speed and be alerted when speed is over posted by a defined amount. Seatbelt Usage An automatic driver and passenger seatbelt detection feature reminds drivers to put Notification their seatbelt on. Safety Trending Reports All of FL7 solution reports can be fully customized to show daily, weekly, or monthly trend information. The safety trending reports helps to see changes occurring within your fleet based on vehicle groups or specific drivers. Stops Monitoring Provides location, time, and duration of driver stops. Used to monitor driver progress and can be used with other operational data to evaluate effectiveness of each stop (e.g. sales increase with longer stop time, et). Helps ensure drivers are on time, on task. Dashboard, reports, and alert Broken rule notification Manager and users can be notified of broken rules via email, text, to device as 8/8/;2.01-0 Fuel reports Notification Dashboards Comprehensive Web Tool Service Electronic Logging Device (HOS ELD 8/8/;2..01..6 Reads engine fault code information from proprietary database, offering most accurate diagnostics code on the market. Codes explain the engine issue and where to locate it, helping you save time and costs. Data collected includes • RPM and Odometer • Battery voltage • Engine warning light on • Driver seatbelt use & passenger if available • Engine hours (number of hours the engine has run for) ~ Emission faults • VIN Identification • .. Checks batter voltage every' hour and sends alert when low • Provides notification to users when it is time for: • Tire rotation • Minor and major repair services • Driver score, percentage oftime idling, activity (time at office versus home vs I!':Trlm~'r!':1 number of business versus n",r'"nn::ll • Fully web-based, easy to access • Easy to use as is or is easily customized by the company administrator. Spireon can work with customer for even greater customization. ~ Excel based reports -pre-canned or custom -easy to use and modify reports • All reports by Vehicle or Driver • Company can send messages to a driver (tablet, etc.) using a soft pair with smartphone for sending messages ~ Live Tracking lets users easily add one person or a group to the map at the push of a button • Zone import allows users to bulk upload zones via excel file • Planned vs. Actual route -Shows planned vs. actual data on the map for a route Spireon FL7 Advanced Plus offers an Android or iOS tablet based HOS ELD solution, a simple, affordable way for trucking operations to comply with HOS ELD regulations. With the Android tablet based HOS solution, customers also get the Driver Vehicle I . City of South Miami Driver Vehicle Inspection Reports (DVIR) DVIR capability via a separate tablet for input of Driver Vehicle Inspection Reports. DVIR is available with all FL7 lans International Fuel Tax Agreement (IFTA) Businesses that operate heavy commercial vehicles between states must track all fuel expenses based on location and fuel type. The Advanced Plus FL7 plan has a basic IFTA report that shows how many state miles were driven but does not roduce the forms re uired to submit to state tax a encies. Driver ID Feature Available with Spireon FleetLocate Plug-n-Play Solution Spireon also offers a telematics Near Field Communications (NFC) Driver ID solution using lOX expander technology. This solution is ideal for companies that have one driver drive multiple vehicles over time. It essentially allows drivers to 'check in' before they start driving a vehicle so that driver information can be identified by driver, regardless of what vehicle they are driving. Whereas many solutions only track information by vehicle, this feature will help managers keep better track of each driver's productivity and on-road safety. With one simple touch of the NFC fob, vehicle operators can quickly, easily, and securely transfer· their driver identification information up to the cloud. Since Spireon's FL7 device allows for multiple plug-and-play connections, the NFC Driver ID solution can be setup in minutes. Associating drivers with the vehicles they are in also allows for the software to generate driver based score reports -a unique feature in today's telematics industry. Spireon offers both Android and iOS Options for HOS Compliance: AndroidiiOS Tablet HOS -Provides compliance with HOS regulations and also delivers Driver Vehicle Inspection Report. Requires the HOS plan and either an Apple or Android Tablet with a separate 1 GB data plan. Spireon F1eetLocatefor Fleet Spireon is an industry leading fleet and asset telematics provider. Spireon's FleetLocate for Fleet solution can provide with innovative, easy-to-use GPS fleet and asset-tracking that drives efficiency, cost savings, and ROI. Its intuitive user interface is designed to track everything: vehicles, as well as powered and unpowered assets, all on one screen. Feature-rich reporting enables to measure and optimize performance of your mixed fleet and the ability to capitalize on opportunities to control costs. FleetLocate for Fleet deliver a robust set of features and services through four solution options: each delivering specific benefits: ~ Standard -Ideal for managing and monitoring your fleet and your mobile and powered assets • Basic -Plug and play solution that offers a web-based fleet management application and provides real-time GPS Tracking features, breadcrumb trail, geofencing, idling, stop times, speeding, maintenance and safety alerts ~ Advanced -Manages and monitors. Provides the features of Basic, plus driver scorecards and in-cab coaching to increase safety and vehicle diagnostics for fleet maintenance • Compliance -Provides the features of Advanced, plus Hours of Service (HOS), Driver Vehicle Inspection Reports (DVIR), and reports for easier Interstate Fuel Tax report filing (IFTA) The Standard bundle uses an intuitive user interface (UI) that's designed to track everything: vehicles, as well as powered and unpowered assets, on one screen. The Basic, Advanced and Compliance solutions use a different, but equally intuitive, UI to deliver similar information plus additional -------- 8/8/;2.0:1-0 Pa.e€/ 8 City of South Miami """""""""'~-~=="""""""'~''''''''''='''''"''''''''==-~='''''''''''''''=~=---'''''''''''''''''=''''''''''==.'''''''=''''''''=========-""'''~ insights on driver and vehicle safety, as well as compliance reporting. The Advanced/Compliance UI does not provide asset tracking in the same portal. Solution Overview* • Standard -This solution is ideal for small to midsize businesses or enterprises with decentralized fleets. It provides for vehicle and asset tracking on the same portal. For fleet, it uses an installed (rather than a Plug and Play) FL18 device and offers free installation of the device plus key features of track and trace, driver behavior, and routine maintenance reminders. It does not offer engine diagnostics. For assets, this solution will track powered (FL12EQ) and unpowered assets (FL 700). Installation is often fairly easy for these devices but if needed, professional installation can be arranged for an additional fee. For powered assets, the FL12EQ is specially configured to monitor engine hours of usage as well, for assets such as heavy equipment, generators, etc. • Basic -This plug and play OBD2 device (FL 7) solution is designed for users who need basic GPS tracking with simple alerts and diagnostics. Unlike the Advanced and Compliance plans, the lOX port is disabled, so add-on hardware like Driver ID, Garmin and PTO are not available. The solution provides real-time GPS tracking features, breadcrumb trail, geofencing, idling, stop times, speeding (over posted speed limit), maintenance and safety alerts (after hours usage, speeding, seat belt and Driver Vehicle inspection Report (DVIR). • Advanced -This is an enhancement of the Basic solution that uses a different user interface/portal that does not show assets. Unlike Basic, FleetLocate, Advanced offers a plug and play OBD2 device (FL 7) for vehicle tracking that can be adapted for any vehicle engine port (JBUS) and can be expanded to include some sensors using a cable. The Advanced solution offers track and trace, driver behavior, in-vehicle driver alerts for driving behavior, and engine diagnostic alerts and maintenance reminders. • Compliance (Advanced Plus) -Available for commercial transportation and se:rrvice fleets that require tracking hours of service (HOS) or need to file interstate fuel tax (1FT A) reports and/or record driver visual inspections (DVIR). The Compliance (Advanced Plus) solution uses the same plug and play OBD2 device (FL 7), plus an Android tablet and additional cabling. It offers the same functionality as the Advanced solution and adds Regulatory compliance capabilities of HOS, Electronic Logging Device (ELD), IFTA recording and DVIR recording. Spireon also offers a solution without vehicle tracking capability for use with non-motorized trailers and assets. See record 10160 for more information on this solution. Devices used in FleetLocate for Fleet • Vehicle Tracking (Installed): The FL18 is an installed device that provides data so users have 2417 visibility of where vehicles are and what they are doing. The solution reports on speeding when a threshold has been exceeded, idling, and if a vehicle leaves a defined area. Because it's an enterprise class device, businesses benefit from its precise positioning from high-sensitivity GPS. It has an internal antenna for easy and covert installation, which minimizes tampering. The device integrates with Garmin navigation systems, and supports Powered Take-Off (PTO) applications like tow truck lift beds/winches and lift gates which are powered by the vehicle. • Trailer Tracking: The FL12 GPS CMDA tracking device provides visibility of trailers providing data on: location, speed and distance traveled, utilization and inactivity and S/S/;2.0:J..G City of South Miami ~ iUiUJOll\iZ!J:&:::!'1lllI!'i~'~r= ~~="""",-="""""~"""""""",,,. """""""""'~ unauthorized movement. The extended-life, rechargeable lithium ion battery provides continuous data feeds for up to 60 days without power being applied. + Powered Equipment and Asset Tracking: The FL12EQ is a GPS CDMA tracking device engineered specifically for powered assets and equipment such as generators, skid steers, compressors and chippers when continuous power is readily available. The extended-life battery enables reporting for 60 days without recharging. + Vehicle Tracking (PnP): The FL7 is a plug-and-play OBDn device that can be self-installed or can be covertly installed by a professional. The solution gives users 2417 visibility into where their vehicles are and what they are doing. In addition, it provides powerful vehicle diagnostics and information. The device offers state-of-the-art GPS technology, G-force monitoring, engine and battery health assessments. It also offers a driver scorecard that includes factors like speeding, and idling. + Un powered Asset Tracking: The FL700 is a battery-powered GPS tracking device engineered for aSset tracking when continuous power is not available. Shipping containers, roll-off bins, dumpsters and a host of equipment are safe and accounted for. Each of these devices are described in more detail within the specific solution descriptions included below. Device Reporting Features Available: ,:FI~etllocatiji aa.sic jFL1)"'PQr1$.··h,clu'cI~:· • ,~." , . j .;. ',' ······i.:·.·.' " ...... ';: ... , .. ·i,.i· .:,'" Safety Alerts Location History Idle Stops Maintenance Landmark Circulation IQnition Events Movement Low Battery Alert ';:Fle:8tllocateSt8hCi.rd· (FL18)rep'Oit$'i!jcliide: ,..: ." ...... ,,: .... ,..: .... " , '.: ... ,"-' .. ,;-•• Safety Alerts Daily Details Idle Inactivity Inputs Landmark Circulation Location History Maintenance Alerts State Mileage Stops Trips Consolidated Workday Details :'FleetLocateAdvanced (FL7).reportsinclu'de:····' ..•. '.' : :'r·;,·>:·::;'::' . ... ';'. Audit Log Congregation Report Customer Visits Detail Customer Visits Summary Debug Device Install History Device Re~ort Dia_gnostic List EnQine Fault Engine Status EnQine Summary Event History Event Rule Device Exceptions Detail Exceptions Summary Failure Mode Fuel Tax Fuel Usage Groups List Notification List Reminder Report Risk Management Route Comparison Detail Route Directions Route Summary Text Message Time Card Time Performance Trips Detail Trips Summary UnaSSigned Route User List Value Performance Geo Zone List 8/8/20:1-0 ".\i,' • ' • .c ~ ',: ::.[ HOS Violation Garmin Integration (optional) Garmin integration is available on FleetLocate Standard, Advanced and Compliance as an optional add-on, delivering an integrated dispatch and navigation system as well as 2-way messaging (to and from). Users can receive and review navigational route information and create, manage and map jobs using the Garmin Personal Navigation Device (PND). I~II~II~I GPS SATELUTES SPIREON DATA CENTER ".. ...... . G4. ........ . . '° 0 , .. ",' •• ,.................. ~, ............ { } ••••••••••• / ••• II GPS TRACKING \. Ik j DEVICE ..... . ... / NETWORKS I YOUR COMPUTER/MOBILE DEVICE • GPS tracking works with your vehicle, a tracking device, the GPS satellite network and Sprint. • The tracking device determines your location by communicating with the US Government's GPS satellite constellation. • The device communicates your vehicle location and other important vehicle information back to Spireon's Network Operations Center (NOC) via the Sprint network. • Vehicle information is then sent to your desktop or mobile hand-held device over the internet via Software-as-a-Service (SaaS)-based fleet management software. 8!8!20:l-~ Fleet Management Solutions Not Available REFER TO MCS PRICING 8/8/;2.0j..~ City of South Miami Commercial Trailer & Asset Fleet locate Plu~ and Play Solutions (08011 FleetLocate Compliance Fea~re Matrix Standard Basic Advanced (Installed) (Advanced +) Track and Trace Yes Yes Yes Yes Breadcrumb Trail Yes Yes Yes Yes Speed Monitor Yes Yes Yes Yes Stop reQort, idle time Yes Yes Yes Yes Multiple map views.(e.g. aeriah Yes Yes Yes Yes Access to Geoinfo Systems No No Yes Yes Exception and alert notification Yes Yes (Basict Yes Yes In-vehicle. d river alerts No Yes (BaSiC) Yes Yes Routine MaintenanCe Reminder Yes Yes Yes Yes Installation Self-Installation No Yes Yes Yes Professi()nal Installation Yes, included in (covert) price Yes, extra cost Yes, extra cost ' Yes, extra cost Diagnostics ; '. Vehicle Maintenance" Alerts No No Yes Yes Monitor tire, C02, Fuel, Miles No No Yes Yes Breakdown Notification No No Yes Yes Reads/l nterprets J1939/1708 No No Yes Yes Interprets Diagnostic Codes No No Yes Yes Predictive Maintenance No No Yes Yes Driver Behavior .' Driver Safety Scorecard No No Yes Yes In-Cab Driver Coaching~ No Yes (Basic) Yes Yes Hard Braking, Accelerations Yes No Yes Yes Speeding (over posted limit) . Yes Yes Yes Yes 'Compliance \ IFTA Recording (No Reporting) Yes Yes Yes Yes HOS (Hours of Service) No No No Yes DVIR (Driver Vehicle Inspection Report) No No No Yes Integration Service 8/8/20:1.-6 City of South Miami "Ali -. --Fleet locate Plug and Play Solutions (OBDII , FleetLocate Compliance Feature Matrix Standard Basic Advanced (Installed) (Advanced +) API Integration Yes Yes Yes Yes Hardware Vehicle Tracking FL18 FL7 FL7 FL7 Mobile Assets/Powered FL12 IT/ EQ, Assets FL700 No No No Asset Tracking Monitor Engine· Hours Yes (FL 12EQ) No No No Location Tracking Yes (Powered/UnpoWered) . (FL 12EQ/FL700) No No No ~Chable';" extra Cost ...: . Power Take-Off (PTO) Yes Yes Yes Yes Garmin Integration Yes Yes Yes Yes DriverlD No No Yes Yes Detailed Comparison of FleetLocate Fleet Solutions FleetLocate Standard -Solution Overview FL Standard provides managers with 2417 visibility of where vehicles and assets are and what they are doing. This solution reports on speeding when a threshold has been exceeded, idling, and if a vehicle leaves a defined area. This solution uses an installed device, FL18, which offers high sensitivity and an internal antenna for easy and covert installation, which minimizes tampering. The device integrates with Garmin navigation systems and supports Powered Take-Off (PTO) applications like tow truck lift beds/winches and lift gates which are powered by the vehicle. The solution includes the following: Single Easy to Use User Interface (UI) for Fleet, Powered equipment, Asset & Trailer Easy installation Customer Support 8/8/201-~ Spireon FleetLocate solutions provide small-and medium-sized businesses with innovative, easy-to-use GPS fleet and asset-tracking systems that drive efficiency and results. Its intuitive user interface is designed to track everything with 24 X 7 visibility -vehicles, powered eqUipment, trailers, and assets on one screen -one solution. Its feature-rich reporting lets businesses measure the performance of their mixed fleet -they'll see where th~y're losing mone...Y, and how to control costs. Installation included (Vehicle tracking) Limited lifetime replacement warranty Automatic software updates Covertly installed to minimize tampering Map updates included Same day, 2nd day air shipping Spireon will provide customer support for any system or devices questions/issues. Customer cancellations should be directed to Spireon Care as they will issue an RMA and process the cancellation request with Sprint. Any warm hand-offs to SPIREON, call the Tier 1 support staff at 866-398-4087 (Asset or Trailer), to engage with the customer to achieve resolution. Hours of operation are: o Monday through Friday -8:00 a.m.-8:00 p.m. EST o Saturday -11 a.m. -8 p.m. EST Excludes all holidays City of South Miami Concierge Support: Sprint Sales may contact the following numbers with Spireon solution questions: Concierge Support for Fleet solutions 855-867- 2694 • Concierge Support for Asset & Trailer (no fleet) solutions 866-476-1868 Hours of Operations are 7 a.m. -7 p.m. CST, Monday through Friday. Note: The Spireon Concierge team cannot address questions regarding pricing and Sprint processes. Please consult this content or the Sprint BSRO team. FL Standard Vehicle Tracking Solution FL 18 Device -Benefits ~ Streamline operations and optimize productivity + Reduce service and maintenance costs + Improve dnver safety and performance ~ Improve customer service and response :<\.;~'; ::f\:X:\~;;,~~~:~:·t /Ji',;(;:;'!'k);"';;:EL' St8I'idafrd·Vehicle\TIj'cking·. Solution-FL18.;DeVice)~; FeatUre$7\'-+'; \:,(:.}:.;:." ... ,,": Real Time Location State of the art, real-time highly-sensitive GPS. /GPS Most accurate mileage and track on a map Breadcrumb Trail Track real time location and path of vehicle and clear visual indication of whether moving, idling, stopped and PTO engaged. Idle Time Dashboard and reports show percentage of time spent idling, can trigger real-time alerts for excessive idling. Reducing this can reduce fuel costs. Unauthorized If off, when moved, accelerometer will wake up and record location. This is useful for Movement situations where vehicles are towed away, the GPS will track to the new location. Battery Check and Checks battery voltage and sends alert when low. Protection Maps Spireon uses Google Maps. Can import in other maps, from a variety of sources, including ESRI, for overlay purposes via the KML import. KML is the Google file format used to display geographic data in their mapping applications. Driver Captures and analyzes driver behaviors such as idling and speeding over set threshold, Behavior/Driver travel outside of specified boundaries and posted-speed-limit alerts. Safety Exception Entering or Exiting a: Geofence Notifications and Maintenance Alerts Ignition Events Idle Unauthorized Movement Speeding Stop Notification Low Internal Battery -Alerts when vehicle battery charge is low Vehicle Reports and al,erts when maintenance is due based on user defined settings for mileage, Maintenance engine hours or date. Multiple alerts can be configured based on multiple criteria. Notification Maintenance reporting and alerting is available for vehicles, powered equipment, trailers and unpowered assets. API The Spireon API makes it easy to retrieve, create, and update resources on your account through our REST endpoints. The HTIP methods supported are GET, POST, PUT, and DELETE. PTO An add-on feature to the Local Fleet Management Solutions that tracks when a Power Take- Off (PTO) feature on the vehicle is on or off. PTO information is available via alerting, reporting, the control panel and the mini-dashboard. 8/8/;2.0:1..6 City of South Miami --~~ ... ... I;'C//'.<';:i/!:i.-.:?;i:-:i,j·-,-•• -'/FI,l'Stan(lardVehicleTl'ackirig SCilutiQri:':' FI.;18DElVice~' F~atures.\ "-';',;:-: '~'.,; {'~-~',~,:' ""', ", . ;;"':'., Web Based Fully web-based, easy to access Feature Rich User Dashboard displays Idle, Stops, Speeding over Threshold, Move Time, and Distance Dashboards Traveled. Mobile Access Manage your fleet from any iDS and Android devices: (Standard Only) Access history of all locations, events and alerts in real time Works with your browser. No need to download an App Works on Android and iDS devices Automatic updates-no need to reload software Reporting FleetLocate Standard offers over 20 reports (see list in Q15 in FAQ) that are available on demand, or can be automatically generated and sent to you on a daily, weekly or monthly basis. Report information is available in HTML and .pdf formats as well as in .csv file format for easy importing into your back office applications such Microsoft Excel or Access. Planned vs. Actual Plan routes can be overlaid graphically via KML import. Shows planned vs. actual data on Routes the map for a route plan. KML is the format used to displ~ Geofence Activity The FleetLocate multipoint geofence feature (called "Landmarks" in the FleetLocate UI) provides a mechanism to outline specific territories. Whether it's a building, city block, a specific neighborhood or region, users receive instant alerts when vehicles or eqUipment leave or enter a defined geographic area. FL Standard Powered Asset Tracking Solution FL 12EQ Device The FL12EQ is a GPS CDMA tracking device engineered specifically for powered assets and equipment such as generators, skid steers, compressors and chippers when continuous power is readily available. The extended-life battery enables reporting for 60 days without recharging. FL 12EQ Device Features: ~ Continuous location tracking ~ Start and stop reporting plus history ~ Ignition and Engine Hours Alerting and Reporting • Maintenance Alerting and Reporting ~ Utilization reports ~ Power connect and disconnect alerts ~ Moving without power alerts ~ Low internal battery alerts ~ Extended-life battery enables reporting for 60 days without recharging + Rugged housing FL 12EQ Device Benefits: + Quickly locate powered mobile assets + Assess utilization of powered assets ~ Track usage, engine hours, for scheduled maintenance + Eliminate unauthorized use + Know if asset/equipment is moved FL Standard Un powered Asset Tracking Solution FL 700 Device The FL 700 is a battery-powered GPS tracking device engineered for asset tracking when continuous power is not available. Containers, roll-off bins, dumpsters and a host of equipment are safe and accounted for 8/81:2.0j..~ City of South Miami _W~'_==='_~=w==-=w-=~'======-= __ ~~~====~~~===m_,~~====-=m=m FL 700 Device Features • Live Mapping ,. User Customizable Reporting • Landmark A-nalysis Tools • Variable Reporting Configurations • 1 Daily Location Report (Good for 4 years of Battery Life) • Rugged housing FL 700 Device Benefits: • Extremely durable and waterproof well beyond the requirements of the IP67 standard + Locate unpowered ass'ets • Track and manage mobile assets • Help eliminate unauthorized movement and use + Enhanced battery life allows for up to 5,000 reports that include Location Events, Landmark and Geofence Reporting and Low Battery Notification . FleetLocate Basic -Solution Overview FleetLocate Advanced uses the FL7 device, a plug-and-play OBDn device that can be self-installed or can be covertly installed by a professional. The solution gives users 2417 visibility into where their vehicles are and what they are doing. In addition, it provides the ability to set geofencing boundaries, view a track and trace breadcrumb trail, receive reports on speeding (over the posted limit), idle and stop time as well as view a driver scorecard on speeding and idling events. FleetLocate Advanced -Solution Overview The FleetLocate Advanced plug and play solution for vehicle tracking also uses theFL 7 device. It can be adapted for any vehicle engine port (JBUS). It offers the same features as Basic while adding driver behavior reports, in-vehicle driver alerts, other safety alerts (after hours usage, speeding, seat belt, harsh braking, hard acceleration, harsh cornering, accident) for driving behavior and vehicle/engine diagnostics. Additionally it Offers lOX (Input-Output eXpansion) expandability that enables more capabilities to be added using lOX cables. FL 7 Device Features + Live Mapping + Easy, plug-and-play installation. (Covert installation also possible.) + Activity-based reporting • High sensitivity GPS with less than 1 second Time-to-First Fix + Power management sleep modes + Automatic, over-the-air configuration and firmware download • Driver scorecard • In-cab buzzer for driver feedback on activities like idling, speeding, harsh braking, harsh acceleration, seatbelt usage + Flash memory storage: Up to 40,000 logs in offline mode (out of coverage) + Accident Data Memory: Buffer records over 100 minutes of second-by-second data c> Accurate engine diagnostics, DTC and proprietary engine data • Garmin FMI support FL 7 Device Benefits: 8/8/.20:1-~ ---.. -----.-.---.~------- + All of the benefits of FleetLocate Standard Vehicle Tracking powered by the FL 18 Plus. + Monitor vehicle diagnostics to extend vehicle life + Identify risk through Driver Scorecards to improve safety and performance FleetLocate Compliance (Advanced Plus) -Solution Overview In the Compliance package, all of the same features as FleetLocate Advanced are included with the addition of Hours of Service (HOS) tracking using Android, Garmin and lOS tablets as the Electronic Logging Device (ELD). HOS tracking helps organizations stay compliant with Federal regulations to keep fatigued drivers off of the road. FL 7 Enhanced -Device Benefits + All of the benefits of FleetLocate Advanced Vehicle Tracking powered by the FL7 PLUS + Comply with regulatory requirements by tracking Hours of Service (HOS) and reporting it. through Electronic Logging Devices (ELD) Android. ~ Give drivers the ability to inspect and log vehicle issues through the Driver Vehicle Inspection Report (DVIR). FL 7 Enhanced -Device Features + All of the features of Fleet Locate Advanced in addition to the following: o Hours of Service (HOS) tracking o Electronic Logging Device (ELD) support through Garmin, Android and lOS tablet o Driver Vehicle Inspection Report (DVIR) via Single Easy to Use User Interface (UI) for Fleet, FleetLocate Basic, Advanced and FleetLocate Compliance by Spireon Fleet solutions provide small-and medium-sized businesses with innovative, easy-to-use GPS fleet and asset-tracking systems that drive efficiency and results. Feature-rich reporting lets businesses measure the performance of their mixed fleet -they'll see where they're losing money, and how to control costs. Easy installation & Support Customer Support 8/8/20;1.6 FleetLocate Compliance adds Hours of Service (HOS) and Driver Vehicle Inspection Reporting (DVIR) to help businesses comply with .. Plug-and-play installation + Limited Lifetime replacement warranty + Automatic software updates ~ Covertly installed to minimize tampering + Map updates included + air of HOS and Spireon will provide customer support for any system or devices questions/issues. Customer cancellations should be directed to Spireon Care as they will issue an RMA and process the cancellation request with Sprint. Any warm hand-offs to SPIREON, call the Tier 1 support staff at 866- the customer to achieve Real Time Location / GPS Breadcrumb Trail Idle Time Unauthorized Movement Driver Behavior/Driver Safety Exception Notifications and Alerts 8/8/;2.0:/-6 City of South Miami Provides driver scorecard that captures and analyzes driver behaviors such as idling, harsh braking and acceleration, excessive idling and \Iinl",ti,~n'" and more. Standard Exception Notifications, Rules and Alerts: ~ Entering or exiting a GeoZone • Maintenance • Ignition Events • Idle Monitoring ~ Unauthorized Movement • Speeding • Stop Notification • Low Battery -an alert to notify when vehicle battery charge is low Basic (FL7) -All the above, plus the following: <> Powerful vehicle diagnostics + Information on driver behavior and safety ~ Driver scorecard (speeding, idling) Advanced (FL7) -All the above, plus the following: • DTC and proprietary engine data • Enhanced Driver Scorecard o Accident Alert o Hard Braking, Acceleration and Cornering o Engine-related seatbelt use o Late arrival/early leave ~ In Cab Driver Feedback ~ lOX expandability for add-ons like Garmin, PTO and Driver ID Compliance (FL7) -All the above, plus the following: City of South Miami ..... .., , =~ I'\,/,,,,:y'/ 'i', FIltature:,'{!i.:' "<'{:l\:;~ ,.',I:;;;}:;)·:'/,:.:::"}::;<;,',';",:' , 'Descnptipn " ~": ,', !,:,:". ',' '" .: " '".,'P • Electronic Logging Device support (ELD) • Driver Vehicle Inspection Report (DVIR Vehicle Maintenance Notification Reports and alerts when maintenance is due based on user defined settings for mileage, engine hours or date. Multiple alerts can be configured based on multiple criteria. API The Spireon API makes it easy to retrieve, create, and update resources on your account through our REST endpoints. The HTIP methods supported are GET, POST, PUT, and DELETE. Add-on feature that allows organizations to track driver behavior Driver ID regardless of what ID reader plugs directly into the FleetLocate GPS tracking device. Each driver is assigned a fob which must be swiped upon vehicle start. Allows organizations to identify individual driver productivity and on-road safety -no matter which vehicle they use. Garmin is an optional feature that interfaces with the FleetLocate Garmin Solutions to Garmin fleet-ready personal navigation devices, via the Garmin FMI cable, for navigation and messaging. The feature includ~s service and the messaging tab in the FleetLocate user interface. The Garmin personal navigation device is not included. An add-on feature to the FleetLocate Solutions that tracks when a PTO Power Take-Off (PTO) feature on the vehicle is on or off. PTO information is available via alerting, reporting, the control panel and the mini-dashboard. ,X~gDt~,~~~W;tt~t~~fi.ff~~~~f.~~l"$~JtI~~~}mfi~~}Wi~~ma~~J~!J4{li!l~i~~~i~~ia~~~I~~r5~~}I&~~f1~i{~~~'~%~I~ii~W~~1~~lg;~!~g~~j~ai;' Web Based Fully web-based, easy to access Customizable view of dashboard with ability to add any of over 60 reports. Most common reports include: ~ Driver scorecard: Rates drivers based on speed, after-hours driving and idling Feature Rich User Dashboards • Idle time: Compares idle time to percentage of drive time • Activity: Analyzes time spent in zones, e.g., office, home, customers ~ Inactivity: Shows what percentage of a fleet has been active or inactive in a 24-hour period. • Business and Personal Use: Shows driver mileage for business and personal use (excludes commute information) ~ Manage your fleet (vehicles and assets) from any iOS or Android device Mobile Platform • Access the history of all vehicle/asset locations, events and alerts in real time • Works with your browser. No need to download an App • Automatic updates-no need to reload software FleetLocate offers over 20 reports (see list in Q15 in FAQ) that are Reporting available on demand, or can be automatically generated and sent to you on a daily, weekly or monthly basis. Report information is available in HTML and .pdf formats as well as in .csv file format for easy importing into your back office applications such Microsoft Excel or Access. Planned vs. Actual Routes Shows planned vs. actual data on the map for a route plan. FleetLocate's multipoint geofence feature (called "Landmarks" in the Geofence Activity FleetLocate UI) provides a mechanism to outline specific territories. Whether it's a building, city block, a specific neighborhood or region, users receive instant alerts when vehicles or equipment leave or enter a defined QeoQraphic area. 8/8/;2.0:1-0 City of South Miami """""""" Vehicle Tracking Device Image Model Number FL18 FL 12EQ FL700 Cal-Amp LMU2620 Cal-Amp Cal-Amp TTU720 FL7 TTU1220 Installation Installed Installed Installed (Optional) Plug and Play (incl in MRC) (Optional) (JBUS Adaptor extra Dimensions 2" X 4" X 0.85" 2.95" X 1.97" X 0.9" Operating Voltage 6-32 VDC 6 -32 VDC 3.6V 12Vand 24 V PoWer <3mA@12V Deep Sleep < 1 Battery Technology - Consumption -Sleep on Network mA@12V Lithium Ion Non- with SMS < 10 mA Sleep on Network Rechargeable -Active Tracking < < 10 mA@ 12V (battery life: up to 5 Operating mode + 70 mA@ 12V Active Standby < years) lOX: Up t02 A 70mA@12V Sleep mode: 5 mA Internal current draw measurement Resettable over- current protection to lOX Temperature Operating: -22°F to -30°C to + 75°C -30°C to +75°C Operating: -4°F to Range +167°F +158°F Storage: -40°F to Extended +185°F Operating Temperature: -40°F to +185°F Humidity 95% RH at 50° Dust and Waterproof 90% RH at 80° Non-Condensin IP67 Non-Condensin Certifications FCC, CE, IC, RoHS Compliant RoHS Compliant FCC,IC, PTCRB, PTCRB and Sprint (meets haz mat (meets haz mat CE, E-mark, Sprint standards), Cal-standards), CalAmp Amp TTU1220-TTU1220 -Sprint S rint Certified Certified Solution Works on cars, light Works on cars and Requirements and medium duty on light, medium trucks and heavy-duty trucks. 8/8/201-~ FleetLocate Pricing -REFER TO MCS PRICING BELOW FL Standard -Vehicle Tracking (FL 18) ;;Ite<m':i'i;,;i,;r;, :~(:\l~";;~':~: ;:tii'i;;;l;D"sc.ripti.O:I'i.iY':.}~(';;:iK<;;;;/;};i'/.: ?:~': ~. >·'.f. ~ r' .~, '.'" ," . ';' ••• Gost "':;>.,;'<:: . ,',' f"'.~ .;;.;> ",' ;"J,- Spril1t-Billed -Monthly Recurring Charges (MRC) FleetLocate The FleetLocate Standard solution includes hardware, software, Standard (FL 18) installation and service, and limited lifetime warranty. Sprint Data Access Plan is sold separately 3 year term required Note: Professional Installation is included Sprint Business 5MB Data Plan (Recommended*) Fusion Data Plan *The 5MB plan is a minimum recommendation only! The data plan requirements may increase and varies based on customer's usage of the solution. Sprint Business Fusion Data Plan is Required Sprint SMS Plan 30 SMS Messages -Required for FleetLocate Standard (FL 18) when Garmin is NOT used,' 100 SMS Messages -Required for FleetLocate Standard (FL 18) when Garmin IS used. Device and Setup (onetime.chargeS)· One-time charge Activation fee (automatically applied based on SOC code) (OTC) Sprint~Billed --OPTIONAL -AddloOns for Vehicle Tracking FL 18 '. Garmin Garmin is an optional feature that interfaces the FleetLocate Solutions to Garmin fleet-ready personal navigation devices, via the Garmin FMI cable, for navigation and messaging. The feature includes the FMI cable, installation, service and the messaging tab in the FleetLocate user interface. The Garmin personal navigation device is not included. Power Take Off A feature that allows monitoring of PTO operation via a standard (PTO) 12 volt connection inside the vehicle cab -the number of times the PTO has been engaged is monitored as well as the date, time, and duration each time the PTO was engaged Frequent Pinging This add-on capability enhances the FleetLocate Standard solution (30 sec ping) to track the location of the vehicles at a higher frequency of either or 30 second or 1 minute interval. Besides the frequency of tracking, (1 min ping) all the other features, device and the data plan requirement of the FleetLocate Standard solution remain unchanged. Note: Charge is per line, per month. Device and Setup for Optional Add~ns (one time charges) Garmin Activation Fee NOTE: • Spireon retains title to the Equipment for all solutions . • If the customer terminates service, the equipment must be returned to Spireon, or the customer will be required to pay the estimated market value of the non-returned equipment. ~ The one-time equipment fee paid by the customer for the FL7, FL 12, FL 12EQ, and FL700 solutions is a hardware fee for use (Lease) of the equipment. The customer does not own the Equipment 8/8/;2..0::1-0 City of South Miami ~tlml'Wl'l1!"""""""~~"l'V""'JID"rll!!'tlUm?rm;},~==""""===_===~;"",=="""",,,,,,,,,,,,,,,,,,,,, ......... =,,,,,~=== * Pricing does not include applicable taxes, fees, and surcharges. Pricing is based upon availability and is subject to change without notice. Powered Asset Solution (FL 12EQ)- [QRtIQri~Pl (Separate one-time hardware charge per device) Sprint Business Fusion Data Plan Sprint SMS Plan Powered Asset Solution g~k~~~)- (Hardware included in MRC) Sprint Business Fusion Data Plan Sprint SMS Plan FL Standard -Powered Asset Tracking (FL 12/EQ) The Powered Asset Solution is a GPS CDMA tracking device engineered specifically for powered equipment management applications when continuous power is readily available. Sprint Data Access Plan and SMS is sold separately Note: Professional Installation is not included 5MB Data Plan (Recommended*) *The 5MB plan is a minimum recommendation only The data plan requirements may increase and varies based on customer's usage of the solution. Sprint Business Fusion Data Plan is Required 30 SMS Messages -Required The Powered Asset Solution is a GPS CDMA tracking device engineered specifically for powered equipment management applications when continuous power is readily available. Sprint Data Access Plan and SMS is sold separately Note: Professional Installation is not included d 5MB Data Plan (Recommended*) *The 5MB plan is a minimum recommendation only. The data plan requirements may increase and varies based on customer's usage of the solution. Sprint Business Fusion Data Plan is Required 30 SMS Messages -Required One-time fee for use of Equipment (Lease) Fee applied automatically Equipment included in MRC (Lease) Per Line One-time charge Fee applied automatically Per Line One-time charge . Fee applied automatically * Pricing does not include applicable taxes, fees, and surcharges. Pricing is based upon availability and is subject to change without notice. . Item Activation . ' 8/8/;2.0:1.0 City of South Miami -I' "!:,:;",:,,,';,: ,C;",,;>:;,::( ·· •. i<j';" " ,'> ;",::":';"',,.<i,,:,,, '.'.:'<:' ;<" •• ,:; .,';.,.',<.::: .•...• ::;/ ':.' :,;Fee*"'\': . .(: ;', Unpowered The Unpowered Asset Tracking Solution is a Asset pure battery powered CDMA GPS tracking Tracking device engineered specifically for an asset Per Line Solution management application where power is not One-time fee (FL700) -readily available. for use of [QJ:>tion .Al Equipment One-time Sprint Data Access Plan and SMS is sold (Lease) charge (Separate separately one-time Fee applied Fee applied hardware Note: Professional Installation is not included automatically automatically charge per device) Sprint 1MB Data Plan (Recommended*) Business *The 1MB plan is a minimum recommendation Fusion Data only. The data'plan requirements may increase '" Plan and varies based on customer's usage of the ! solution. Sprint Business Fusion Data Plan is Required I·i. Sprint SMS 30 SMS Messages -Required Plan I Unpowered The Unpowered Asset Tracking Solution is a Asset pure battery powered CDMA GPS tracking Tracking device engineered specifically for an asset Solution management application where power is not (FL700l-readily available. Equipment [QJ:>tion a Included in Sprint Data Access Plan and SMS is sold MRC (Lease) (Equipment separately included in MRC) Note: Professional Installation is not included Sprint . 1MB Data Plan (Recommended*) Business *The 1MB plan is a minimum recommendation Fusion Data only. The data plan requirements may increase Plan and varies based on customer's usage of the solution. Sprint Business Fusion Data Plan is Required Sprint SMS 30 SMS Messages -Required Plan * Pricing does not include applicable taxes, fees, and surcharges. Pricing is based upon availability and is subject to change without notice. 8/8/:2.0:1-6';. City of South Miami """",~",,~, :om ..... "'" _, ~. .. ,,,,,,,_H .M ,~" ~ ~ .... ~-,-~ FleetLocate Basic The FleetLocate Basic solution includes hardware, software, and (FL7) limited lifetime warranty, Sprint Data Access Plan is sold separately no term required Note: Professional Installation is not included Sprint Business 5MB Data Plan (Recommended*) Fusion Data Plan *The 5MB plan is a minimum recommendation only. The data plan requirements may increase and varies based on customer's usage of the solution. Sprint Business Fusion Data Plan is Required Device and Setup (one time charges) " One-time charge Setup fee (automatically applied) (OTC) NOTE: + Spireon retains title to the Equipment for all solutions. + If the customer terminates service, the equipment must be returned to Spireon, or the customer will be required to pay the estimated market value of the non-returned equipment. + The one-time equipment fee paid by the customer for the FL7, FL 12, FL 12EQ, and FL700 solutions is a hardware fee for use (Lease) of the equipment. The customer does not own the Equipment * Pricing does not include applicable taxes, fees, and surcharges. Pricing is based upon availability and is subject to change without notice. FLAdvanced ;Item,;' : >~. ,,':.: ."',.\ . .r:Q~s.criptiojj\}·.,;,.;.: > "f;:;,,'>. ,:', ' ,l.;,);; ",;,,.,\,.·.,"',::,l,Ci;)st \;';',,';;:,"; Sprint-Billed-MOl1thlyRecuning Charges FleetLocate The FleetLocate Advanced solution includes hardware, software, Advance (FL7) and limited lifetime warranty. Sprint Data Access Plan is sold separately 3 year term required Note: Professional Installation is not included Sprint Business 5MB Data Plan (Recommended*) Fusion Data Plan *The 5MB plan is a minimum recommendation only! The data plan requirements may increase and varies based on customer's usage of the solution. A mixture of 5MB-25MB pooled plans may be needed to make sure the total pool plan is "right-sized". It is recommended the sales and support team work with the customer for the first couple of bill cycles to complete this review to avoid excessive overages. Sprint Business Fusion Data Plan is Required Device and Setup (one time charges) One-time charge Activation fee (OTC) Sprint-Billed -OPTIONAL -Add-ons for Vehicle Tracking FL 18 Garmin Garmin is an optional feature that interfaces the FleetLocate Solutions to Garmin fleet-ready personal navigation devices, via the Garmin FMI cable, for navigation and messaging. The feature includes the FMI cable, installation, service and the messaging tab in the FleetLocate user interface. The Garmin personal navigation - S!S!:ZO:1-G City of South Miami . -~ --, -. ~,........,,,,.,., ... -device is not included. Note: Garmin Cable is sold separately Power Take Off A feature that allows monitoring of PTO operation via a standard (PTO) 12 volt connection inside the vehicle cab -the number of times the PTO has been engaged is monitored as well as the date, time, and duration each time the PTO was engaged Note: PTO Cable is sold separately Driver ID Add-on feature ($5.00 MRC Value) that allows organizations to identify individual driver productivity and on-road safety -no matter which vehicle they use. Note: Driver ID Cable is sold separately Device and Setup for Optional Add.;ons (one time charges) NOTE: ~ Spireon retains title to the Equipment for all solutions. ~ If the customer terminates service, the equipment must be returned to Spireon, or the customer will be required to pay the estimated market value of the non-returned equipment. ~ The one-time equipment fee paid by the customer for the FL7, FL 12, FL 12EQ, and FL700 solutions is a hardware fee for use (Lease) of the equipment. The customer does not own the Equipment * Pricmg does not include applicable taxes, fees, and surcharges. Pricing is based upon avazlability and is subject to change without notice. FLC r omp"ance ··.lteti1';.>/',:",J";;(;:;·~;;i,!; i:QjScijptipoi;;;/:,i,,:,:;;. .'}::., ,., ..... ;'" .'.; ,., ;< ,:' ':"i,;.',: ,.:' '. 'J~QSfi" '.'_, •••... ,.," "., Sprint-Billed -Monthly Recurril1g Charges FleetLocate The FleetLocate Advanced solution includes hardware, software, Compliance and limited lifetime warranty. (Advanced Plus) Sprint Data Access Plan is sold separately No term (FL7) required Note: Professional Installation is not included Sprint Business 5MB Data Plan (Recommended") Fusion Data Plan "The 5MB plan is a minimum recommendation only! The data plan requirements may increase and varies based on customer's usage of the solution. A mixture of 5MB-25MB pooled plans may be needed to make sure the total pool plan is "right-sized". It is recommended the sales and support team work with the customer for the first couple of bill cycles to complete this review to avoid excessive overages. Sprint Business Fusion Data Plan is Required Sprint Fusion Tablet Helps companies stay compliant with federal regulations including Plan for Android Hours of Service (HOS) with Electronic Logging Device (ELD) HOS capability recording through integration with Android tablet. 100MB plan is a minimum recommendation only! Note: Tablet is sold separately through Sprint or customer can SUfllJly their own tablet Device and Setup (one time charges) One-time charge Setup fee (automatically applied) (OTC) Sprint-Billed -OPTIONAL -Add-ons for Vehicle Tracking FL 18 Garmin Garmin is an optional feature that interfaces the FleetLocate Solutions to Garmin fleet-ready personal navigation devices, via the Garmin FMI cable, for navigation and messaging. The feature includes the FMI cable, installation, service and the messaging tab . 8/8/;2.0:1-0 City of South Miami ~~~ ~=, ~ ...... <., ., ... .. .~-•. ~<" .0 , __ 1 . "" '",,'" in the FleetLocate user interface. The Garmin personal navigation device is not included. Note: Garmin Cable is sold separately Power Take Off A feature that allows monitoring of PTO operation via a standard (PTO) 12 volt connection inside the vehicle cab -the number of times the PTO has been engaged is monitored as well as the date, time, and duration each time the PTO was engaged. Note: PTO Cable is sold separately Driver ID Add-on feature ($5.00 MRC Value) that allows organizations to identify individual driver productivity and on-road safety -no matter which vehicle they use. Note: Driver ID Cable is sold separately NOTE -: Spireon retains title to the Equipment for all solutions. • If the customer terminates service, the equipment must be returned to Spireon, or the customer will be required to pay the estimated market value of the non-returned equipment. • The one-time equipment fee paid by the customer for the FL7, FL 12, FL 12EQ, and FL700 solutions is a hardware fee for use {Lease) of the eguipment. The customer does not own the Equipment * Pricing does not include applicable taxes, fees, and surcharges. Pricing is based upon availability and is subjec to change without notice. MCS-SPIREON PRICING -Pricing per Requirements highlighted Spireon Fleetlocate Trailer Mnagement Solution $19.52 Spireon Fteetlocate Powered Asset Solution $19.52 Spireon Fleetlocate Asset Solution. $18.49 Spireon Fleetlocat~ Fleet Mgmt Standard Solution ,unbundled $24.67 Spireon Fleetlocate Fleet Mgmt Basic Solution ,unbundled $16.38 Spireon Fleetlpcate Fleet MgmtAdvanced Solutiol1.unbundled ,$21,25 Spireon Fleetlocate Fleet Mgmt Adv. Plus Solution, unbundled $23.79 MCS M2M DATA PLAN OPTIONS Machine to Machine -1MB $2.58 . Machine to Machine -2MB I $4.14 , Machine to Machine -5MB $5.15 Machine to Machine -10MB $7.21 Machine to Machine -25MB $8:76 8/8/;2.01-6 City of South Miami VI-""T"""VZV=~""'t7'n"'J&¥"""OP.::l"=~=' ~==""""'''''''''''~~ Accessories Available through Spireon Spireon accessories for the FleetLocate Advanced and Compliance solutions are sold separately. Sprint does not bill for any accessories. Q{.;i\~)~'!)};~,'}.: i;:' ••• ,,(.~~,:(,~, ' < ."" ';;;A~~e$s()!y;pescl'iJ.lti()J'I<.'···" ;,';; .\/0":.:/;;,:;;<;)( ;;';.:'etice·· •. ··.·.'.·· >,.<,-,;.'~:-' ,/ .. -,,-,,','. 'J.., . PoYier Hame$Ses FL7 Heavy Duty 6-pin Power Hamess $28.13 FL7 Heavv Duty 9-pin Power Hamess $28.13 FL7 Light Duty Diagnostic Hamess (T-Hamess) $25.00 FL7 OBDII Extension Cable Pack (Replaces HRN-INSTALLPACKV2) $10.00** (included with each NEW FL7 device order at no charge)** 3 Wire Hamess -Power, Ground, Ignition $12.50 FL7 9-pin Heavv Duty Hamess $17.50 FL7 9-pin T Hamess for Kenworth/Peterbuilt $56.25 FL7 6-Pin straight hamess for North American Heavy Duty Deutsch $17.50 connector installations. Replaces HRN-D6HD. Hamess for GM Vehicles (Additional PID Support/CAN Low Speed) $12.50 OBDII Mercedes SpeCific Connector $25.00 OBDII Extension Hamess (included with each NEW FL7 device order at 12.50** no charge)** OBDII Special Connector for Mitsubishi Fuso (Medium Duty) $12.50 Special Hamess for CAT Off Road Vehicles $56.25 PSM Module Connection for Mercedes Sprinters $10.00 10 Extender for Dicky John $112.50 10 Extender for RS232 Support -Male $75.00 Gannin FL7 Garmin Cable with Traffic $118.75 FL7 Garmin Cable without Traffic $93.75 DrivetlD i FL7 Driver ID Reader (Does not include the Driver ID FOB) $81.25 FL7 Driver ID FOB $8.75 FL7 Driver ID NFC Sticker Tagwith BLUE Inner Label $7.50 Driver ID Relay Kit $31.25 PTO FL7 PTO Cable $56.25 Hours of Service , FL7 HOS lOX Cable -Female $56.25 FL7 HOS lOX Cable -Male $56.25 Other FL7 Zip Ties $48.75 FL7 Buzzer $56.25 SPR-INSTALLBAG $3.75 10X-GOTALK $123.75 10 Extender for CAN Integrations $56.25 10 Extender for RS232 Support -Female $75.00 8/8120:1-~ City of South Miami SpireonFleetLocate Unpowered Asset Tracking FL 700 FleetLocate is a powerful and scalable Unpowered Asset Tracking solution that provides visibility of large geographically dispersed fleets of assets. FleetLocate allows you to optimize the utilization of your assets, reduce theft, and improve inventory management. The user interface is easy to use and navigate and it has a comprehensive suite of standard reports designed to help fleets 'better manage their operations. The FL 700 Unpowered Asset Tracking Solution is appropriate for assets that do not have power readily available. Featuring a five-year battery life with standardized location reporting, it is an effective tool for improving asset utilization, increasing the visibility of your assets, and driving more revenue to your bottom line. Today, Spireon is the first choice in providers because of their unique understanding of the industry, product innovation, power management, and active customer ROI realization support. Typical Asset Challenges: + Not having the right number and type of assets at the right locations at the right time resulting in additional operational expenses. • No automated visibility and access to assets resulting in decreased tum rate and the need to buy or rent more assets. • Assets are unproductive because they are misplaced or become out-of- network causing a decrease in business capacity. • Lack of asset visibility can result in theft with no recourse. With FleetLocate Asset you will know where your assets are at all times in addition to where they've been. Our standard suite of reports is used to monitor and alert for improper asset pool management, assets outside of landmarks, re-staging of assets to improve overall utilization. Key Features FleetLocate Asset provides visibility of your assets through: ~ Intelligent power management with extended battery life + Standardized reporting and alerts package, with a Report Scheduler ~ Easy to navigate User Interface with mapping and a comprehensive administration set up Key Benefits + Improve Asset Utilization o Without asset tracking fleet operators don't know where their assets are and for how long they have been at the same location. ~ Improve Fleet Usage o On demand asset history reports o Knowledge of how long an asset has been sitting in one location ~ Optimize Assets at Important Locations o Without asset tracking fleet operators are reliant on customers for keeping them up to date on how many assets they have at a customer location. o FleetLocate provides: 8/8/.20:1-0 City of South Miami o De~ktop asset pool management with asset location and status o Ensure the right number and type of assets at the right place at the right time • Schedule Preventative Maintenance o Without asset tracking fleet operators have to guess where an asset is and when it needs preventative maintenance. Key Differentiators • Asset visibility and control • Five year extended battery life • Automated standard reports and alerts to improve utilization Hardware Features FL 700 Highlights • GPS Communications Device • Lithium Ion Battery • Ruggedized IP67 Housing • 12 or 24 Hour Heartbeat Location • Two-way Capable Communication • Over the Air Configurable • Message Store and Forward Capability • Standard One Year Warranty • Multiple Installation Options and Configurations • Mobile Installation Smart Phone/TabletlPC Tool for On-Site Asset and Device Association Message Reporting: Introduction The FL 700 generates one type of message, Scheduled Messages. • Heartbeat Message-a once or twice daily report ofthe device's location and status • Once a day message -6 am EST • Twice a day messages -6 am EST and 6 pm EST Message Store and Forward Capability If Scheduled or Event Messages are generated and transmitted when a cellular data connection is not available, the FL 700 will store the messages and upload them to the server as soon as a sufficient connection becomes available. The device can store up to 10,000 messages indefinitely. FL 700 Battery Lithium ion battery technology is completely sealed inside the FL 700 and provides up 5 years of daily Heartbeat Messages and up to 4 years for twice-daily Heartbeat Messages. The life of the Battery is five plus years and is not replaceable. When the battery depletes after 5 plus years a new FL 700 should be purchased. Battery Specifications • Technology: Lithium Ion Non-Rechargeable • Voltage 3.6V • Capacity 57 A-Hr 8/8/;2.01-6 , v-:::Jv30 • EMC / EMI SAE J1113; FCC Part 15BVoltage: 3.6V • Capacity: 3.8A-Hr • Storage Temperature: -40°C to +85°C • Operating Temperature: -30°C to +75°C • EMC / EMI: SAE J1113; FCC Part 15B Application Features • Satellite Mapping • Customizable Views • Address, Asset, Landmark Quick Search • Customizable Data Grid Columns • Total Fleet Status: In and Out of Landmark • Enhanced Report Scheduler • Admin o User Roles and Permissions o Landmarks -Polygonal, Radius and Groups o Asset Grouping and Permissions o Custom Asset Attributes • Standard Reports o Alerts o Detailed History o Inactivity o Landmark Inventory Status with landmark visibility o Outside Landmark • Standard Alerts o Variance o Inactivity o Low GPS Device Power • Emailed reports include an attachment in CSV format 8/8120j..~ City of South Miami ..,..,~~ !!B'J'il!II1I!!!3I~ Support Services Account'Team, Support Sprint provides dedicated support from tenured business representatives for all your products and services. We firmly believe local account support dedicated to providing the help you need is critical to our successful relationship with South Miami. In addition to your Account Team the support includes: Customize the bullets below depending on how the sales team will get approval to support the overall account/customer. NOTALL may apply. • Dedicated Support • Solution Engineers & Solution Consultants • Migration & Implementation Teams • Industry Solutions Experts • 24x7x365 Business Care Support • Alliance Partners o IBM o Intel o Microsoft o Cisco Augmenting the technical and financial benefits to South Miami, Sprint's value is enhanced through our people. We will demonstrate our ability to: • Provide a tenured, knowledgeable and responsive account team with lifecycle support for ordering, implementing and maintaining the South Miami relationship. • Provide dedicated, experienced engineering staff that can consult on projects, including a dedicated Solution Design Engineer, a dedicated Project Management/Implementation Manager and on-site support resources as part of our Managed Solutions offering if requested. • Conduct operational meetings to review service performance statistics, network diversity, billing, contract details and other miscellaneous issues. • Provide training on all Sprint products/services and applications. • Define specific escalation procedures and best-in-class response times. 8/8/201-tO Why Sprint Converged Solutions with Sprint Enterprise success requires networks and applications to work together seamlessly. Sprint is positioned to help you unleash the full potential of your business and is committed from design to installation and support -delivering an unrivaled customer experience. <l Best in class global all-IP network ensuring the reliability and security demanded by real- time enterprise critical applications o Congestion free design o CoS and Multicast included o Most intuitive network portal -Compass ~ Expertise in Managed Solutions encompassing network, security and IP telephony, and with Network Operations Centers staffed 2417 <l Collaborative Design and Migration Support o Network design consultation with Solution Engineers o Migration support with implementation project managers ~ One Global Account and Care Team o Single point of contact o Billing support and reviews Conclusion Sprint adheres to a well-defined, well-articulated broadband network strategy with a focus on anticipating and exceeding our customers' needs. Our team takes a more integrated approach to meeting customer demands and continues to be a customer-oriented company-an agent of change in a rapidly changing environment. Sprint's CEO, Marcelo Claure, has committed to being the most competitive wireless company and is dramatically changing the shape of the wireless industry. With this proposal, we hope to reinforce Sprint's reputation for technical excellence, creativity, and consultative, team-based account management support. We are committed to working side-by-side with South Miami to ensure a smooth transition for new services. We have the technology, the infrastructure, the processes and the people in place to allow you to concentrate on your core business and hope you will conclude our proposal offers the ingredients for a successful partnership. 8/8/2.oj..~ RESOLUTION NO.: 094-16-14649 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. WHEREAS, the City entered into an agreement with Sprint Solutions 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, authorized by Resolution No. 34-13-13852; and WHEREAS, the State of Florida Issued an Invitation to Negotiate for mobile communication service thereby creating the State's own Contract No. DM5-10/11-00B8 for mobile communications service; and WHEREAS, agencies have the option of continuing with the Western States Contracting Alliance, (WSCA), Contract No. 1907 and the State of Florida "Participating State" Contract No. DMS-12/13-Q09 or, move to the State of Florida's Mobile Communication Services Contract No. DMS-10/11-008B; and WHEREAS, Sprint Solutions and the State of Florida negotiated lower rates in 2016 under Contract No. DMS-12/11-0088 with the City taking advantage of lower rate plans that will result in a savings of $1,000 per month for an approximate annual savings of $12,000; and WHEREAS, Contract No. DMS-12/11-Q088 with Sprint Solutions provides for the use of the contract by SUNCOM Clients, of which all municipalities are included. 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 enter into a Letter of Authorization with Sprint Solutions to adopt the State of Florida contract no. DMS-10/11-Q088 for mobile communications service; including wireless telephone and air service with the City taking advantage of lower rate plans that will result in a savings of $1,000 per month for an approximate annual savings of $12,000 for a term not to exceed five (~) consecutive years. 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 ofthis resolution. Section 3. Effective Date. This resolution shall take effect immediately upon passage and approval. PASSED AND APPROVED this 17tl'day of May ,2016. READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea 9g. 2 of Res. No. Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea ·(1) South'Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER . INTER"()FFICE MEMORANDUM Tt\E CTY OF PLEASANT UVING To: .. 'The Honorable Mayor-Ie-Members of the City Commission fROM: .DATE:· SUBJECT: BACkGROUND: Steven Alexander. City Manager May 17.2016 A Resolution authorizinl the City Manliler to enter into a Letter of Authorization (LOA) with Sprint Solutions to playback onto Sprintts multi-year ..... ement 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 ~reless telephone and air card services. \ . The City entered into a piggyback agreement with Sprint Solutions. Inc., through a government agency. Western States contracting Alliance, (WSCA). 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 Na,otiate for mobile services and SUbsequently created State Contract No. OMS· I O-II..()()8B. . 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 na,otlated 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 $1,00() 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. · SouthrfJiami T.HE CITY OF PlEASANT UVINCi 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-IO/II-008B State of Florida and Sprint Solutions, Inc Contract Amendment No. 10 for Contract No. DMS-IO-II-008B Resolution No. 34-13-13852 PLM4.' .•.. ,' . . I FUSION UNL $30.90 Bus Advantage Maesaglng 450 $ 37.49 990327437 Park & ReCl8at/on FUSION UNL $30.90 Bus ~vantage Messaging 450 $ 37.49 S 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 Public Works NAT 250 $20.60 Bus AdYantag, Messaging 450 $ 37.49 $ 38.87 990327437 Police NAT250 $20.60 Bus Advantage Messaging 450 $ 37.49 $. 39.83 990327437 Code Enforcement NAT10D $5.15 Bus Advantage M88S8glng 450 $ 37.49 $ 38.87 990327437 Code Enforcement NAT 100 $5.15 Bus Advantage Messagln~ 450 $ 37.49 $ 38.87 990327437 Public Works NAT100 $6.15 Bus Advantage Messaging 450 $ 37.49 $ 38.~ 990327437 Police HAT 100 $5.15 Bus Adv~ntsge Messaging 450 S 37.49 $ 38.87 990327437 Police NAT 100 $5.15 Bus Advantage Messaging 450 S 37.49 $ 38.87 990327437 PolICe NAT 100 $5.15 Bus Advantage M88S8ging 450 S 37.49 $ 38.87 990327437 Park & ReCl8at/on UNL IP? $36.04 3GJ4G Connection Plan Unltd $ 37:99 $ . 37.99 990327437 Public Works UNL IP? $36.04 3GJ4G Connection Plan Unltd $ 37.99 $ 31.99 627829537 hIS) UNL IP? $36.04 3GJ4G Connection Plan Unltd $ 40.24 $ 40.24 827829537 hIS) UNL IP? $36.04 3Gi4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 h18' UNL IP? $36.04 3GJ4G ConnectIon Plan Unltd $ 40.24 $ 40.24 627829537 h18) UNL IP? $38.04 3GJ4G Connection Plan Unltd $ 40.24 S 40.24 627829537 hIS) UNL IP? $36.04 3Gi4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hIS) UNL IP? $38.04 3GJ4G ConnectIon Plan Unltd $ 63.04 $ 63.04 627829537 hI'S) UNL IP? $38.04 3GJ4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 Community Patrol 1 UNL IP? $36.04 3G/4G Connection Plan Unlld $ 40.24 $ 40.24 827829537 Community Patn)11 UNL IP? $36.04 3GJ4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 Motors UNL IP? $38.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 Motors UNL IP? $36.04 3GI4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hIS) UNL IP? $36.04 3G(4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hIS) UNL IP? $36.04 3GJ4G Connection Plan unltd $ 40.24 $ 40.24 627829537 hIS) UNL IP? $36.04 3GJ.4G ConneClfon Plan unltd $ 40.24 $ 40.24 627829537 hIS) UNL IP? $38.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3Gi4G Connection Plan unltd $ 40.24 $ 40.24 627829537 hIS) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hIS) UNL IP? $38.04 3914G Connection Plan Unltd S 40.24 $ 40.24 627829537 hIS) UNL IP1 $36.04 30/40 Connection Plan unltd S 63.04 $ 63.04 627829537 h18) UNL IP1 $36.04 3Gl4G Connection Plan Unltd $ 40.24 S 40.24 627829537 h18) UNL IP? $36.04 3GJ4G Connection Plan Unltd S 40.24 S 40.24 627829537 hIS) UNL IP? $38.04 . 3G14G Connection Plan unltd $ 40.24 $ 40.24 ----.. .-.--:----~---~ 627829537 2200 hrs) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hra) UNL IP? $38.04 3Gi4G ConnecUon Plan Unltd $ 40.24 $ 40.24 627829537 hra) UNL IP? $36.04 3Gl4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3Gl4G Connectipn Plan Unltd $ 40.24 $ 40.24 627829537 hra) UNL IP? $36.04 3G14G COnnection Plan Unltd $ 40.24 $ 40.24 827829537 hra) UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 hrs) UNL IP? $36.04 3G14G ConnecUon Plan Unltd $ 40.24 S 40.24 627829537 C-Shlft (2200 -0600 h UNL IP? $36.04 3Gl4G COnnection Plan Unlld $ 40.24 $ 40.24 627829537 c-8hlft (2200 -0600 h UNL IP? $36.04 3G/4G ConnectIon Plan Unltd $ 40.24 $ 40.24 627829537 C-Shift (2200 -0600 h UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 827829537 C-Shlft (2200 -0600 h UNL IP? $36.04. 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 Relief Shift UNL IP? $36.04 3G14G Connection Plan Unltd $ 40.24 S 40.24 627829537 Reserva Police amceJ UNL IP? $36.04 3Gl4G Connect/on Plan Unltd $ 40.24 $ 40.24 627829537 CIDISIU UNL IP? $36.04 3G/4G Connection Plan Unltd $ 80.48 __ BO.48 627829537 CIDISIU UNL IP? $38.04 3G/4G Connection Plan Unlld $ 40.24 $ 40.24 827829537 CIDISIU UNL IP? $36.04 3G/4G Connection Plan Unlld $ 40.24 $ 40.24 627829537 CIDISIU UNL IP? $36.04 3Gl4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 I.A. UNL IP? $36.04 . 3G/4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 Training UNL IP? $38.04 3G/4G ~onnecllon Plan Unltd $ 40.24 $ 40.24 627829537 Admnlstrlative staff UNL IP? $38.04 3Gl4G Connection Plan Unlkl $ 40.24 $ 40.24 627829537 Admnlstrlatlve Staff UNL IP? $36.04 3Gl4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 Admnistriative statf UNL IP? $38.04 3G/4G Connect/on Plan Unltd $ 40.24 $ 40.24 627829537 AdmnlstrlatlV8 Staff UNL IP? $36.04 3G14G Connection Plan Unltd $ 40.24 $ 40.24 627829537 Admnistriatlve Staff UNL IP? $36.04 3G/4G Connection Plan Unlld $ 40.24 $ 40.24 627829537 Admnlstriative Staff UNL IP? $36.04 3Gl4G Connection PI!!n Unltd $ 40.24 $ 40.24 627829537 Support Staff UNL IP? $36.04 3Gl4G Connection Plan Unltd $ 40.24 $ 40.24 627829537 Support Siaff UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 $ 40.24. 627829537 Support Staff UNL IP? $36.04 3G/4G Connection Plan Unltd S 40.24 $ 40.24 627829537 Spare UNL IP? $36.04 3Gl4G Connection Plan Unltd S 40.24 $ 40.24 627829537 Spare UNL IP? $36.04 3G/4G Connection Plan Unltd $ 40.24 S 40.24 990327437 Public Works UNLMITED $50.99 Bus Advantage Mag & Data 450 $ 62.49 $ 63.98 990327437 Police UNLMITED $50.99 Bus Advantage Mag & Data 450 $ 62.49 $ 63.98 990327437 Park & ReCl8at1on UNLMITED $50.99 BUI Advantage Mag & Olta 450 $ 82.49 $ 63.98 990327437 Pollca UNLMITED $50.99 Bus Advantage Mag & Data 450 $ 62.4~ $ 63.98 990327437 Pollca UNUIIITED $50.99 Bus Advantage Meg & Data 450 $ 62,.19 $ 83.98 990327437 Park & Reaeatlon UNLMITED $80.99 Bus Advantage Mag & Data 450 $ 62.49 $ 63.98 990327437 Park & Recrsation UNLMITEO $50.99 .Bus Advantage Mag & Data 450 $ 62.49 $ 83.98 990327437 Public Works UNLMITED $50.99 Bus Acfvantage Mag & Data 450 $ 62.49 $ 63.98 990327437 COde Enforcement UNLMITED $50.99 Bus Advantage Mig & Dalll 450 $ 62.49 $ 63.98 990327437 Police UNLMITEO $50.99 Bua Advantage Mag & Data 450 $ 62.49 $ 83.98 990327437 eRA UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 990327437 Police UNLMITED $50.99 Bus Advantage Mag & Data 450 $ 62.49 $ 63.98 990327437 Park & Recreation UNLMITED $50.99 Bus Advantage Mag & Data 450 $ 62.49 $ 63.98 990327437 Planning UNLMITED $50.99 Bus Advantage Mag & Data 450 $ 62.49 $ 63.98 990327437 Human Resources UNLMITED $50.99 Bus Advantage Mag & Data 450 $ 89.57 $ 91.71 990327437 Police UNLMITED $50.99 Bus Advantage Mag & Data 450 $ 62.49 $ 63.98 990327437 Human Resources UNLMITED $50.99 Bus Advantage Mag & Data 450 $ 62.49 $ 63.98 990327437 PoDce UNLMITED $50:99 . Bus Advantage Mag & Data 450 $ 62.49 $ 63.98 990327437 Building UNLMITED $50.99 Bus Advantage Mag " 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 Mag & Data 450 $ 62.49 $ 63.98 990327437 . Police UNLMITED $50.99 Bus Advantage Mag & Data 450 $ 62.49 $ 63.98 990327437 Central Services UNLMITED $50.99 Bus Advantage Msg & Data 450 $ 62.49 $ 63.98 ·990327437 Park & R8CI8atfon UNLMITED $50.99 Bus Advantage Mag & Data 450 $ 62.49 $ 63.98 990327437 Police UNLMITED $50.99 Bus Advantage Mag & Dala 450 $ 62.49 $ 63.98 990327437 Police UNLMITED $50.99 Bus Advantaga Mag & Data 450 $ 62.49 S 63.98 990327437 Police UNLMITED $50.99 Sprint Bus Fusion Unlimited $ 65.00 $ 66.05 990327437 Police UNLMITED $50.99 Bus Advantage Mag & 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 1GB $15.45 3G/4G Tablet Conn Plan 3GB S 29.99 $ 29.99 990327437 Code Enforcement FUSION 1GB $15.45 3Gl4G Tablet Conn Plan 3GB $ 29.99 $. 29.99 990327437 Code Enforcement FUSION 1GB $15.45 3Gl4G Tablet Conn Plan 3GB $ 29.99 $ 29.99 990327437 Code Enforcement FUSION 1GB $15.45 3Gl4G Tablel Conn Plan 3GB $ 29.99 $ 29.99 113,877.73' _·S· 4,8rual Projac:tad Sav Per Month $ 1,001.20 .. -----.. -.. _--_ .... --------~ .. ----.-----~~ --,~~~---~----~ -----."-~~~~.-.---~- PIGGYBACK CONTRACT FOR MOBILE COMUNICATION SERVICES A J8 1 TmS AGREEMENT made and entered into thisfiy of May. 1016 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 IIDMS-IO/U..ooS, 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 representativC/official. agree as follows: 1. Contractor currently offers mobile communication services and wireless products to the State of Flprida, Department of Management Services ("State of Florida") through the Mobile Communication Services Contract No. DMS-I 011 J -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. 1. 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 ~or services, pursuant to the City's purchase order made during the term of this Agreement' under the same price(s), tenns 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-I0/11-008 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 1 of4 . 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 w~thin 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. Contraf:t 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 Fnoding: [Intentionally Omitted] 7. Public Records: Contractor and all of its subcontractors are required to comply with the public records law (s.119.070 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. s. 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. t. Validity of Executed Copies: This Agreement may be executed in several counterparts, each of which may be construed as an original .. 10. Attoneys' 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 attorney 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 ~ 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 tenn and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. . n. Order of Precedence: In the event of an inconsistency or conflict 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 of the 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-Ol-II-16 PagelQf4 Michaela Clairmonte -Manager, Contract Negotiations (type name and title of signatory above) Read and Approved as to Fonn, Language; Legality and Execution Thereof. ~~~ By: -=~----~~---------------Thomas F. Pepe City Attorney Thomas F. Pepe -01-11-16 Page30f4 PIGGYBACK CONTRACT FOR MOBILE COMUNICATION SERVICES "ATTACHMENT A" • Letter of Authorization between Sprint Solutions, Inc., and the City of South Miami • Mobile Communiation Services Contraet No. DMS-IO/ll-00B8 between the State of Florida and Sprint Solutions, Iae., executed 111312012 • Amendment 10 to COllmet between Sprint SOIUtioll's, Ine and the S~te of Florida, executed 21912016 Thomas F. Pepe-OI-II-16 Page 4 of4 May 18,2016 Steven Alexander City Manager City of South Miami 6130 Sunset Drive SouthMiami,F133143 Ph: 305/668-2510 Salexander @southmiamifl.gov Attn: Tom Nadler Public Sector Account Manager SoutOOiami THE OTY OF PLEASANT LMNG 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-IOlll-008B, effective January 13,2012 between Sprint Solutions, Inc., and the State of Florida, Department of Management Services ("State of Florida MCS Contraet"). 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 of this letter: (1) Steven Kulick, Pardlasing 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 Contraet; and (3) Sprint is authorized to invoice the total dollar amount fur 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 charges 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 of the 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 Sed!l~~8.Cts Manager City of South Miami I 6130 Sunset Drive I South Miami,' FL 33143-5093 305.663.6338 I southmiamifl.gov RIcl[ SCO'Il' Governor DEPAIn'MEN'I' OF MANAGEMENT SERVICES 4050 Esplanade Way I TalIalwsee, Florida 32399-0950 I Tel: 850.488.2786 I Fax: 850.922.6149 JOHN P. Mu.Es Secretary MOBILE COMMUNICATION SERVICES SPRINT CONTRACT CONTRACT NO.: DMS .. I0/II-008B Contract No.: OMS lO/U-008B Page 1 of32 TABLE OF CONTENTS CONTRACT 1.0 -DEFINITIONS ........................................................................................................................ 6 1.01 1.02 1.03 1.G4 1.05 1.G6 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.1B 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 . Ac:r1VE UNIT OR LINE ••••• ,. ••••••••••••••••••••••••••••••••••••••••• , •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 BUSINESS DAy ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 BUSINESS HOURS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 BUSINESS PlANs •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 CORPORA.TE-LiABLE ACTIVE UNIT OR CUSTOMER LINE ..................................................................................... 6 DEpAR1'MENT •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 END USER(S) 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••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 8 SPRINT SERVIa:5 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 8 SPRINT'SERVICE PRoviDER AFFILIATE •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 8 STATE •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• a •• ~ •••••••••••• 8 SUNCOM CuENT(S) ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ~ ••••••••••••••••••••••••••••••••• ~ •••••••••••••••••• 8 WIRELESS DATA CoNNEcnON DEVICE ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 9 W.RELESS DATA SESSION ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 9 WIRELESS 5£RvIcEs •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 9 CONTRACT 2.0 -TERM OF AGREEMENT .......................................................................................................... ,9 2.01 2.02 2.03 2.D4 2.05 2.0& 2.07 INlnAL TERM ................................................................................................. ~ •••••••••••••••••••••••••••••••••••••••• 9 RENEWAL TERII ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 9 TERMINATION IYTHE DEPARTMENT FOR CONVENIENCE ................................................................................... 9 TERMINATION By SERVICE PRoviDER FOR UNFORESEEN CIRCUMSTANCES ............................................................ 9 TERMINATION FOR CAUSE .......................................................................................................................... 9 TRANsmON .......................................................................................................................................... 10 CoNTRACT DoclJMENTS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 10 CONTRACT 3.0 -PROVISION OF SERVICE ••••••••••••••••••••••••••• : •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 10 3.01 3.02 3.03 3.04 3.05 3.06 3.07 GENERALLY •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 10 REPotInNG REQUIREMENlS ...................................................................................................................... 10 DIscoUN'f'S. ........................................................................................................................................... 11 CUSTOMER CARE SERVICES ....................................................................................................................... 11 No PRMlYWITH END USERS OR SUNCOM CUENTS .................................................................................... 11 RIGHT TO DFAC11VAnON OF UNUSED ACCOUNTS .......................................................................................... 11 l.ocAnoN BASED SERVICES ........................................................................................................................... 11 Contract No.: DMS IOlll-008B Pagc:.2of32 3.08 . PREMIUM SERVICES PoUCIES ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 11 3.09 TELEPHONE NUMBERS AND PotrrABIUTY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 11 3.10 lTV Acass ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 12 3.11 9U DR OTHER EMERGENCY CALLs " ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 12 3.12 USE OF SPRINT WIRELESS DATA SERVICES .................................................................................................... 12 3.13 OPERAnONALANDUSERGuIDES._ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 12 3.14 COMPAnBILITY OF WIRELESS PRODUCTS AND SERVICES .................................................................................. 13 CONTRACT 4.0 .. PRICING •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 13 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.G9 4.10 RAm •••••••••• ~ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 13 RATE INCREASES ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 13 INTERNATIONAL DIAUNG CHARGES •••••••••••••••••••••••••••••••••••••••••••••••••• ~ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 13 MET'ERINGOF.VDlCE·USAGE ...................................................................................................................... 13 MmRlNG OF DATA USAGE ••••••••••••••••••••••••••••••••••••••••••••• : ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 14 MINIMUM MoNTHLY FEE (MMF) •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 14 RoAMING OfARGES ................................................................................................................................ 14 SPEaAI. SERvICES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 14 REAcrlvATlDN FEE •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 14 MONTHLY REQJRRlNG CttARGES ................................................................................................................ 15 CONTRACT 5.0 -EQUIPMENT ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 15 5.01 5.02 5.03 5.04 ,5.05 REsPoNSiBIUTYFOR OBTAINING EQUIPMENT ................................................................................................ 15 NETWORK CCMI'A11IIUTY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 15 EQUIPMENT'SALEs BY SERVIa PRovIDER •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 15 EQUIPMENT LJSTS AND CATALOGS ................................................................................................................. 16 IJcENSING REQUIREMENTS •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 16 CONTRACT 6.0 -BUSINESS PROCESS AND OPERATIONS •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 17 6.01 6.02 6.03 6.04 6.05 GENERALLY .......................................................................................................................................... 17 WEEKLY CoNFERENCE CALLS ................................................. ~ •••••••••••••••••••••••••••• 111 ••••••••••••••••••••••••••••••••••••••• 17 HELPDE5I( ................................................................................................................................................ 17 TEatNOLOGY INFORMA'IlON •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 17 AunioRIZED REPRESENTAnVES •••••••••••••••••••••••••••••••••••••••••••••••••• ~ .............................................................. 11 CONTRACT 7.0 -TERMS OF PAYMENT ........................ : ••••••••••••• ~ ....................................................................... 19 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 INYOIONG OF CtlARGES ............................................................................................................................ 19 PAYMENT OF CHARGES ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 19 TRAN5ACI1ON FEE ••••••••••••••••••••••••••••••• ~ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 19 TAXES ................................................................................................................................................... 19 DlSPtJTED CtlARGES ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 20 PlORAnoN OF CtlARGES .......................................................................................................................... 20 OIARGES REsULnNG FROM losT OR STOLEN DEVICES ........................................................... ~ ••••••••••••••••••••••••• ZO RIGHT OF OFFSET ................................................................................................................................... 20 CONTRACT 8.0 -THE DEPARTMENT'S OBUGAnONS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 20 8.01 8.02 8.03 8.04 8.05 8.06 8.07 TRAINED STAFF ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 20 REsPONSIBIUTY FOR AcnONS OR OMISSIONS ................................................................................................ 20 REsPONSIBIUTY FOR AGENTS ...................................................................................................................... 21 No RIGHTS TO SERVICE PROVIDER'S FAClunES OR INTEUECTUAL PROPERTY ........................................................ 21 NoTIaTO END USERSANDSUNCOM QJ~ ............................................................................................ 21 PROTEcnON OF SERVICE PROVIDER MARKS ................................................................................................... 21 AccEPrA.8I.E USE POLICY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 21 Contract No.: OMS IOIlI-008B Page 3 of32 CONTRACT 9.0 _ SERVICE PROVIDER'S OBUGATIONS .................................................................................... 21 9.01 9.02 9.03 9.D4 9.05 9.06 9.07 9.08 9.09 NDTla OF MATERIAL CHA.NGESIN SERVICE ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 21 PlANNED OUTAGES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 22 DEpAR'I'MENTTEST AccOUNTS •••••••••••••• I •••••• I ••••••••••••• ~ •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ~Z2 SUNCOM CiJENTTESTING AND EVALUAnON ............................................................................................... 22 SECURITY AND CONFIDE:NT1AU1'Y ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 22 PRISON REHABIUTATIVE INDUSTRIES AND DIVERSIFIm ENTERPRISES, INC. (PRIDE) ............................................... 22 PRooucrs AVAIlABLE FROM THE BUND OR OTHER HANDICAPPED. SEcnON 413.036(3), FLORIDA 5TA1UTE5 ............. 23 E-VERIFY EMPLOYMENT EUGIBILlTYVERlFICAnoN ............................................. • ........ • .................................. 23 5cRUTlNIZED CoMPANIES liSTS •••••••••••••••••••••••••••••••••••••••.••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 23 CONTRACT 10.0 -ABUSIVE OR FRAUDULENT USE OF THE SERVICES ................................................................ 23 10.01 10.02 10.03 10.04 10.05 10.0& FRAUD •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 23 MINIMIZE:AaUSE •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 24 SUSPECTED AalJSE CJR FRAUfltJLENT ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 24 FRAUDULENT USE OF SERVIas ............................................................................................................. 24 PROttJBI1'ED DATA USES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 24 IN'tERRUPT OR TERMINATE SERVIa ....................................................................................................... 24 CONTRA.CT 11.0 -NO WARRANTIES .................................................................................................................. 24 CONTRA.CT 12.0 -UMITAnONS OF UABIUTY .................................................................................................. 24 CONTRA.CI' 0.0 -INDEMNIFICATION ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 25 13.01 13.02 INDEMNIFICAnON •••••••••••• ~ •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 25 CONDmONS TO INDEMNIFlCAnON ........................................................................................................ 26 CONTRA.CT 14.0 -DISPUTES •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 2& CONTRACT 15.0 '-, MISCELlANEOUS ................................................................................................................ 26 15.01 15.02 15.03 15.04 15.05 15.0& 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 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 2& w~ .......................................................................................................................................... 2& Puauc RECORDS •••••••••••••••••••••• ·."." ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 2& CoN1RAcruAL 08lJGAnONS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 27 NOSUBCONTRA.CTlNG ........................................................................................................................ 27 NonCES ••••••••••••••••••••••••••••••••••••••••••••• " ••••••••••••••••••••••••••••••••••• " ••••••••••••••••••••••••••••••••••••••••••••••••••••••• 27 FORCE MAJEURE ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 27 ETHICA,L REsPONSIBIunES ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 27 CoMPUANCE WITH LAws ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 28 E-RATE ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 28 ADvERTISING ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 30 AssiGNMENT ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 30 EMPLOYEES, SUBCONTRACrORs. AND AGENTS .......................................................................................... 30 GOVERNMENTAL REsTRICTIONS •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 30 I.oaaYlNGAND INTEGRITY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Jl WAR.RANTY OF AaIUTYTO PERFORM ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 31 MODIFICAnON OF TERMs ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 31 SUtassois AND AssIGNS .................................................................................................................. 32 ExEaJnON IN CoUNTERPARTS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 32 SEVERABIUT'V' ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 32 *FHP AND AssociATED OR SIMILAR NUMBER .......................................................................................... 32 Contract No.: DMS lO/Il-OOSB Page 4 of32 Attachments: Exhibit 1 -Teehnieal Requirements Exhibit 2 -Business Process & O~ration Exhibit 3 -~eing Exhibit 4 -Enhanced Services and Solutions Exhibit 5 -SLA Matrb: Exhibit 6 -Contract No.: DMS-0304-063 (MA4440) and Contract No.: 1523-ACS Exhibit 7-Discounts Contract No.: DMs IO/II·OORB PageS of32 MOBILE COMMUNICATION SERVICES AGREEMENT TIllS MQBll..E 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 OMS-lOllI-ODS ("ITN"), on September 2, 2010, in order to select a company to provide such services; and WHEREAS, pursuant to the I1N, the Department bas awarded a contract to Service Provider based on the terms and conditions set forth herein. NOW 1HEREFORE. in consideration of the mutual covenants and the promises contained herein, the parties agree as follows: Contract 1.tJ -DEFINITIONS The following terms when used herein shall have the following meanings: 1.01 Active Ulit or Lin,! 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 BUiaess Piau Means wireless service plans for business customers. Certain Business Plan options are priced in the Agreement or and 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 Corpol'!9tLiable Active Unit or Customer Une 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 financially 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 UlerCs) Means the individuals using the wireless telecommunications services set forth in Exhibit 1 - Technical Requirements. Contract No.: DMS IOIll-008H Page6of32 1.08 Events ofDefalllt Means (i) the failure of either party to pay any stUn 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 perfomied by it under this Agreement, or (iii) an unauthorized assignment of this Agreement. 1.09 1m: Means the Department's Invitation to Negotiate identified in the recitals above. 1.10 l.Geatioa Based Smiee Means any Service or application that uses, accesses, tracks or discloses the location of an active unit. 1.11 Nltionwide Sprint Network Means the Sprint-owned or controlled CDMAllxrtt wireless network, including netwodc owned or control1~ by Sprint Service Provider affiliates, used by Sprint to provide Sprint Services. 1.12 NeDeI NaUout Network Means 'the Sprint-owned or controlled iDEN wiRless network; including network owned or controlled by Nextel affiliates or partnCIS, used by Sprint to provide Nextel Services. 1.13 Neltel Seniees Means wireless Services provided by Sprint on the Nextel National Network using IDEN technology. 1.14 Pmgigm Seryiees Means approved downloads and applications available through wireless data Services that are above and beyond basic data usage. 1.lS ...... Uct{I) Means produc1(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 Dpmestic RoamiDg Means Roaming on networks within the United States. Puerto Rico and U.S. Vugin Islands where Service Provider has a roaming relationship with the carrier. Geographic Roaming locations are subject to change and provided at: http;l!coverage.§PrlnUWS.com 1.19 §emms) 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 seJVices specified in Exhibit 2 (Business Process and CoDtnwt No.: DMS l0I11"()08B Page7of32 Operations), and (iii) such other services not specifically described in this Agreement but which are inherent in the provisioning of such services. 1.20 Seryiee Aecount Means the unique account through· which services are' offered and charges can be incurred (without regard to who pays). Service Accoun1s 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 andlor device serial number. 1.21 Service Provider Means the wireless telecommunications company identified in the first paragraph of this Agreement. 1.12 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 Serviees . 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. . .' 1.16 Sprint Serviees Means wireless Services prc;>vided by Service Provider and authorized Sprint Service Provider Affiliates on the Nationwide Sprint Network or Sprint 3G Network using CDMA technology. 1.27 Sprint Service Provider Affiliate Means an entity that bas entered into an arrangement with Service Provider to construct wireless network coverage, perform operational functions in defined ge<)graphic 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 ofFlodda. 1.29 SUNCOM CUent(s) . Means the entity or entities acquiring the wireless telecommunications services set forth in Exhibit 1 from the Deparbnent. 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 qualitying public agencies or authorities. Contract No.: DMS lOlll-008B Page8of32 1.30 Wireless Data Connection D@!iee 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 assignment of a dedicated IP address to the requesting access tenninal (e.g., the handset, aiIcard, or other device). A Wareless 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 . L32 Wireless Serriees Means Nextel Services, Sprint Services, and Sprint 40 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 wiJl expire five (5) years after the Effective Date • unless sooner terminated in accordance with the provisions herein. 2.02 &ami Tenn Upon mutual agreement, the parties may renew 1I1e Agreement, in whole or iQ. part, for renewal terms up to five (S) years. . Each renewal shall specify 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 Termilatio! By the Depal1lllent for Coaveaienee The Deparbnent 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 Termioatio! By Service Provider for Unforeseen Ciream ... ees 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 circums1anceS or to more efticient1y conduct its business. If the Deparbnent 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 n~ be entitled to recover any cancellation charges or lost profits. 2.05 Terrntnation 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. ContractNo.: DMS lOlll-008B page90f32 I I 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 11N, to complete all transition activities for state agencies as described in Exhibit 1, 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 plU'Chasing under Alternative Source Contract No.: lS23-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 Wueless Data Services, Contract No.: DMS-0304-063 (MA4440) and Alternative Source Contract No.: lS23-ACS, will apply to this Agreement Those operations terms and conditions are hereby mcorporated into this Agreement as ~mtblt 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) ofter 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 Contraet Doc:uments 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 themderH~: . A. AnY Amendments to 1he Agree~ent B. Agreement and EUibitll -7. C. I1N No.: DMS-IOlll-OOS, as amended. Contract 3.0-PROJllSION OF SERYICE 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 defined SLA service parameters in accordance with EIhibit 5. The reports referenced in Exhibit I, Mibit 2, and Exhibit 5 (SLA Matrix) shall be provided by the Service Provider. The Service Provider shall submit reports in electronic format to the DepartmeJ;lt. 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.: DMS lO/ll-OOBB Page lOof32 these reports are not submitted in a timely manner, the Department shall seek any remedies it may have under Section 14. 3.03 DilSOllntL . . See ~ibit 7 for details regarding discounts available to SUNCOM Clients and employees. Other terms and conditions of this Agreement do not apply to EUibit 7. 3.04 Cuatomer Care Semeet Service Provider's entelprise customer care help desk resources shall be available to End Users and SUNCOM Clients for resoJution of most Service-related issues. In addition, the Department and SUNCOM CJients will have access to a help desk as set forth in ·Section 6 below. 3.05 No Priyity With End UHI'! or SUNCOM CHeats Unless otherwise provided in this Agreement, Service Provider sbaU 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.G6 Rir.t to Deadly.tion olUna. Aecoaats The ·parties will cooperate to ensure that End User accounts do noi lie dormant for extended periods oftime (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 ~ the Department may require Service Provider to postpone the pJanned deactivation for some jdentified period of time. 3.07 LoeaUoD Based Services If End f,Iser downloads or accesses LocatiQn 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 C_mer. 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 TIlE EXTENT ALLOWED BY LAW. CUSTOMER WILL RELEASE SERVICE PROVIDER FROM ANY ANI) ALL THIRD PARIT 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 Serviees Polides 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 Namben and PortabJUty 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 lO/II·OO8B 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 cmril?f can be used on the Sprint Networks, End User must provide infonnation about the accolUlt with the other carrier, such as the account number, tax identification number, telephone number,S digit zip code and password, if applicable, and purchase wireless Products from Service Provider. Until the port from the previous caniei 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 limitations 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 Nextel Service or Sprint Service. If End User does not return Service Provider wireless Products within the n:turn period as defined in Exhibit 2, Section 2.2 of the Wireless Product Annex, the Departnlent shall be responsible for the suggested retail price of the Product. 3.10 TTY Access TIY-c8pable wireless Products (also known as IDD or Text Telephone) .may not function effectively when attempting 911 calls due to the limitations of the answering agency. 3.11 911 or Other EmergenCy Call! For 911 caDs, 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 ("PSAPj, 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 fiUlures or delays in connecting to the appropriate emergency services provider. Enhanced 911 ("E911j 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 WirelUI Data Serviees Customer acknowledges that use of certain wireless data Services, iIwluding some messaging seryices, 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 Qperatiooalud User Guides As provided in Exhibit S, the parties agree to begin developing an operational guide within 90 days after contract execution. The parties will mutually agree 00 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.: DMS 10/11-008B Page 120f32 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 ofW1reless Promu:P and Seryices . 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 futu.re compatibility of wireless Products or Services with thlrd 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 Applicati9D. 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 1he wireless Products or Services. Contract 4.0-PRICING 4.01-Rates n:;furl and complete prices foi-the Services are set forth on Emibit 3, attached hereto. ServiCe Provider may modifY telmS and features of a nationally available wireless Business Plan tbat are not set forth in Emlblt 3 without written notice to Customer. 4.02 Rate laqeases The rates set forth on Eshibit 3 may not inmease 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; Cli) no more than one price increase may be made in any twelve (12) month period; and (iii) the price ~crease may not exceed the most recent annual percentage increase in ConslDDer Price Jndex (CPI-W) for Urban Wig! 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 Dillin. 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 or Vol" Usage The length of calls is generally measw-ed 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 calI usage for outgoing voice calls that reach a busy signal, a disconnected number ~ 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 Direet CODDect Trall8missiou. 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 ~e initial transmission. End User initiates a new Contract No.: DMS lOfU..()08B Page 130f32 transmission if End User responds more than 6 seconds after another participant completes a communication. Airtime charges apply for the entire period of time the transmission is connected to the Sprint Networks. Service Provider will charge a minimum of 6 seconds for all Nextel Direct Connect transmissions. After 6 Seconds, Nextel Direct Connect airtime on a Sprint Product is rounded up to the next second for ~h transmission. 4.05 Metering ofDs .. Usau Data usage is calculated from the time End User's device makes contact with the Sprint Netw~ks or Sprint 40 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.fu1 attempts to reach websites and other applications and Services, including thOse resulting from dropped network connections. Data usage is rounded up to 1he next whole kilobyte. RoWlding 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 romded up to the next cent. Additional informirtion on the metering of Data Usage is included in EUibit 2. 4.06 MInImum MonAJv Fee <MMF) . Every SUNCOM Client's Service Account will incur a minimum monthly charge (as set in Exhibit 3 -Price) Wlless the Service Account's utilization cost exceeds the Minimum: Monthly Fee's amount. 4.07 Boamiag Charges In-state and out of state voice rates may be set out in End User's pricing attachment in EDibit 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.comfmtemational or by contacting End User's Service Provider Account Representative. There may be delays in invoicing Ro8tning charges due to the practices of the . Roaming service provider. Business Plans that include Roaming ("Roaming Included Plans") are not availab~e 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:· (1) voice: 800 minutes or a lIll\iority of minutes, or (2) data: 300 megabytes or a majority of kilobytes. International: calOng, 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 Emibit 3, End User also may incur charges for special Servi~ 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 Coxporate-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 10/11-0088 Page 140f32 may charge Department a reactivation charge. If Department is charged a re,activation 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 MODthiv Recorriag Cltarges Service Provider will bill Department for Wtreless Services based on the Monthly Recurring Charges ("MR,C,,) 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 ResnouibiUty for ObtiiniDg Eggipment 5.02 5.03 SUNCOM Clients and End Users shaH 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 Network ComBtibllity , The parties will cooperate to ensure that any equipment used by End Users in connection with Service meets industry standards and any other reasonable requirements of Service Provider. Service Provider may dea&tivate service to any equipment used by an End User 1hat does not meet such requirements or which is otherwise causing network intmfereru:e. To the extent practicable, Service Provider will advise the Department and the SUNCOM Clients in advance of such deactivations. . ' Egujpment Sales by Seryiee Proyider 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 otTer highly competitive pricing and discounts for its services in a manner in which the prices Service Provider charges its customers for the same services are not umeasonably 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 con1rOl over any conflicting terms in the Agreement for that wireless Product or Service until the promotion expires or Customer ~lects a different Business Plan for the Corporate-Liable Active Unit enrolled in the promotion. Contract No.: DMS IOlll-008B Page 15 of32 (iv) (v) (vi) , (vii) 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 ail orders be placed through a deSignated account executive or toll-free nmnber}-in-- acoordance with Exhibit 2. Service Provider will not receive orders directly from an End User. Warranties: Service Provider agrees to pass through to SUNCOM Clients any and all Equipment vendor warranties (including 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. Americans with Disabilities Act: Service Provider sha1l identify any products that may be used or adapted for use by visually, nearing, or other physically impaired individuals. 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 smrender 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 internationally with the Department's Equipmeirt. . 5.04 Equipment Liits and Cataiogs The parties will c;ooperate in updating the equipment lists and catalogs set forth in Service Provider's response to the 11N. These updated lists and catalogs (with applicable pricing) shall be made available for viewing and ordering by SUNCOM Clients in accordance with Emibit 2- Business Proeess and Operation. Service Provider sball provide the Department with reasonable advanced notice (i.e. prior to the effective. date) of any equipment included in the lists and catalogs which will be discontinued 5.05 LiceDSiDg 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 appJicable licensing requirements. Software licensing terms and conditions of Service Provider's software vendors are provided by Service Provider or posted at www.sprintcom/ratesandconditions or otherwise provided to Customer through click or sbrinkwrap agreements. Service Provider may suspend, block or terminate Customer's use of any software if Customer fails to comply with any appllcable licensing requirement Contract No.: DMS 10/11·008B 'Page 16of32 Contract 6.0-BUSINESS PROCESSAND OPERATIONS 6.01 GuenUy 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 reasonabJe 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 Emibit 2 -Business Process aDd OperaCiODj 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 fonna] amendment to the Agreement. 6.02 Weekly Conferenee Calls Service Provider shall participate in a weekly conference call with the Department to disCUSs and ~vide 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 ~le to the Department's staff. At the Department's discretion, the can ftequency may be modified. 6.03 Helpdelk 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 he1pdesk system(s). Additional information for Helpdesk infonnation is provided in EUibit 1 - Tedlnieal SpedfieatioDS. 6.04 Technology Worm.tiOD In the normal course of technology evolution and enhancement, Service Provider continually updates and upgrades its Networks, Products and Services. In some instances, these efforts win result in the need to ultimately replace certain offerings or technologies. In such event, Service Provider will undertake such repJacem.ent efforts· in a customer-focused and commercially reasQnable manner and will, throughout the process, provide its customers with periodic updates that provide relevant informati~ AB 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-ta-talk ("PTT") Product, or a Customer-selected non-PIT Product, that runs on the Nationwide Sprint Network; provided that Service Provider will not lDldertake any such migration with less tJ:t.an 12 months prior notice. Because ~ere will be at least 12 months prior ~ notice, in almost every instance Customer will have the ability to upgrade its existing devices to new or replacement devices under the 1ben applicable Service Provider handset upgrade program. If the Customer has any devices that are not eligible for upgrade lUlder this handset upgrade program. and the Customer must migrate its existing Products activated on the Nextel National Network, Service Provider will permit the parties current upgrad~ policy to apply to such existing JlrOOucts 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 Nexte1 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 I0/11-00BB Page 170f32 . ! 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. Contrad Administrator The employee primari1y responsible for administrative duties relating to the Agreement, such as maintaining the Contract file and financial 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 Muager The employee primarily responsible for overseeing each party's perfonnance under to the terms of this Agreement. Any communication from the Service Provider to the Department relating to the Agreement shall be copied to the ContraCt Manager. Jonathan Rakestraw Division of Telecommunications Department of Management Services 4030 Esplanade Way. Suite 115 Tallahassee. Florida 32399.0950 Telephone: (850) 921-0857 1 Fax: (850) 921-5162 E-mail: jonathan.rakesttaw@dms.myfJorida.com c. SUNCOM Product Manager The employee primarily responsible for overseeing the technical requirements for this Agreement. . RagbibQureshi Division of Telecommunications Department of Management Services ~30 Esplanade Way, Suite' 125J Tallahassee, Florida 32399-0950 Telephone: (850) 413-0319 E-mail: raghib.gureshi@dms.mytloridacom ContractNo.: DMS 10/11-0088 Page 180f32 Contract 7.0-TERMS OF PAYMENT 7.01 Invoicing orCh.mes Invoicing shall comply with the terms and conditions set forth in Exhibit 2 -BusiDe8S Proee.u aDd Operation attached to this Agreement. 7.02 Paymeat orClianes Pa~nt shall be m~ in accordance with State Jaw, including Secdons 215.422 and 287.0585, Flonda Statutes, which govern time limits for payment of invoices. Invoices that must be returned to S~ce Provider due to preparation errors will result in a delay in payment. The Department is solely responsible for aU charges billed WIder this Agreement, whether or not a SUNCOM Client bas paid the Department for such charges. 7.03 IrusagiOD Fee The State has instituted MyFloridaMarketPlace, a statewide eProcmement System ("System"). Pursuant to Section 287.057(23), F~orida 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 6OA~J.032, F.A.C. The parties agree that taxes and surcharges shall not be assessed in the calculation for the Transaction Fee. Fm: payments within the State accounting system (FLAIR. or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to Service Provider. Ifautomatic deduction is not possible, Service Provider shall pay the Transaction Fee pursuant to Rule 6OA- 1.031(2~ F.A.C. By submission of these reports and corresponding payments. Service Provider certifies their correctness. 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 Transacdon Fee is non- refundable when an item is rejected or returned, or declined, due to Service Provider's failure to perfODll or comply with specificatiOns or requirements· oftbe Agreement. Failure to comply with these requirements shall consdtute grounds for declaring Service· Provider in default and recovering re-procurement costs ftom Service Provider in addition to all outstanding fees. SERVICE PROVIDERS DELINQUENT IN PAYING TRANSACTION FEES MAYBE subject to being removed from the Department's vendor list as proyided in rule 60A- 1.006, F .A.C. . 7.04 laxes . Service Provider will ~ and honor all validly and properly issued and executed tax exemption certificates delivered by Customer and statutoI)' exemptions and wiD 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 authoJized 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 wiIeless 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 bill for any items which are not mandated by the FCC or PUC and which are Contract No.: DMS 1{)/11-OOIB page190f32 otherwise not applicable to wenne and/or wireless voice and/or 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 Resaltinl 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 othenvise absent from the End User's or SUNCOM Client's posSession or control, the Department sbalI nevertheless be liable for all chaIges attributable to the Device until it or the End User or SUNCOM Client notifies Service Provider during Business Hours of such loss, the~ 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 Proyider. 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 RiPt ofOft'set Fonowing 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 OBUGA.TlONS 8.01 Trained Sfaft' The Department shall provide an adequate and properly trained staff to receive and investigate any complaints fro~ its End Users or SUNCOM Clients relating to Service, and win report any trouble to Service Provider with respect to Service only upon reasonable verification that such trouble is due to reasons other1ban the misuse or malfunctioning of the End User's or SUNCOM . Client's equipment or the failure of such equipmep.t to meet the technical standards for compatibility with Service. 8.02 Responsibility for Adioo or Omissions The Department shall be solely responsible for aU costs and expens~ 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 11 and Exb.lbit 1 -Teehoical 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 lOfU-OOBB Page20of32 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 Ri ..... to Service Provider's Facilities or InteDestgaI Prpperty . No . provision of this Agreement sball be construed as vesting in the Department any control, ownership or rights in any facilities, operations or intellectual property of Service Provider. S.OS Notice to tad URn and SPNCOM meats The parties will cooperate in advising eacb End User and SUNCOM: Client of the following: (i) The availability of the Service is not assmed 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 contrac1ual relationship with Service Provider with respect to the Service; and (iv) Any liabiJity 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 Serviee Provider and bad agreed to Service Provider's standard terms and.conditions. The above notiee requirements may be satisfied by a reasonably pllWed posting on the Deparbnent's SUNCOM website. S.06 Proteetioa of Seryig Provider Marks . The Department recognizes the right, title, and/or interest ofServiee Provider (through ownership or license) to all service marks, trademarks, and trade Dames 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 shan not acquire any right, title or claim to the Marks, shall not use any Marks, and shall not use Service Provider or any trademarlcsor trade names of Service Provider, direedy or indirectly, without the prior written ~nt of Service Provider. 8.07 Aeeeptable Use Pong If Customer purchases Products or Services, Customer must oonform to the acceptable use policy posted at http://www.sprintcomllegaVagreement.htmJ, 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 ContrllCt 9.0 -SERVICE PROVIDER'S OBUGATIONS 9.01 Notice of Material Chap. iD Seal" . Service Provider agrees to provide timely and reasonably detailed no~ce to the Department (based on circumstances present) of any material changes in Service of either a permanent Qr temporary nature. Service offerings are defined in EUibit 1. Contract No.: DMS 10/11-0088 Page 21 of32 9.02 Planned outages The Service Provider (over the wireless network) shall send notifications which jnforms 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 information for outages shall be provided in ~ibit 5. 9.02.1 Unforeseen Ontages Additional information for unforeseen outages shall be provided in Euibit 5 -Service Level Agreement MatriL . 9.03 Department Test AcconnD 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 perform evaluation testing for the life of the awarded contract The test accOunts and devices shall be fmnished at no cost. 9.04 SllNCOM Client Testing and Evaluation Prior to making their initial order for Service, SUNCOM Clients $all 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) wor~ days. Additional information is provided in ~"it 1-Technical Requirements. 9.OS Seeoritv and Confidentiality A. The Service Provider shall comply fully with all secmity procedures, laws and regulations of the United States, State and the Departnient in performance of the Agreement B. The Service Provider (and any person or entity obtaining information through Service. Provider) shall not diwlge to any unauthorized third parties any confidential information obtained by Service Provider or its agents, subcontractors or employees in the COUISe of performing the Services. Such confIdential information shall include but not be limited to, End User phone numbers, usage records, location information and other forms of identification of End User, security procedures, business operations information, or commercial proprietary information of the State, the Department, a SUN COM Client or an End User. The Service Provider shall not be required to keep confidential any information 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 information, 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 pe~oonel, agents, and subcontractors. The terms of this paragraph shall survive the termination ofdUs Agreement .. C. Privacy Policy. Sprint's privacy policy, as amended from time to time, is available at www.sprlnt.comllegal/privacy.html. The privacy policy includes information about Sprint's customer information practices and applies to the provisioning of the Products and Services. 9.06 Prison Rehabilitative Industries and Divenified Enterprises, Inc. (pRIDE) Section 946.515(2), Florida Statutes, requires the following statement to be included in this Agreement: nIt is expressly understood and agreed that any articles which are the subject of, or ContractNo.: DMS lO/1l'()08B Page 22 of32 required to carry out, the Agreement shall be purchased ftom 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 canying 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.pridetl.cQm. '.07 Prpducts Available from the Blind or Other Haudieapped. Section 413.036(3), Florida Statute. Section 413.036(3), Florida Statutes, requh-es the following statement to be included in this Agreement: "It is expressly understood and agreed 1Imt any articles that are the subject of, or required to carry out, this contract shall be purohased 1iom a nonprofIt agency for the BHnd or for the Severely Handicapped tbat is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and ~ 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 1he provisions of this contract shall be deemed. to be substituted for the State agency insofitr as dealings with such qualified nonprofit agency are concerned." Additional information about the desip.ted nonprofit agency and the products' it offers is available at http://www.respectoftlorida.org. 9.08 E-Verify Employment EUpibility Verlfieation 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 veritY the employment of all new employees hired by Service Provider d~ the contract term. 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-V erify system to verify employment of all new employees hired by the subcontractor dwing the contract term. 9.09 Serutinized Compa_lea Lis.... . 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 Depu1m.ent may immediately terminate this .Agreement for cause if the Service Provider is found to have submiUed 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 10.0 -ABUSWE OR FRAUDULENT USE OF THE sERVICES 10.01 I'I:mt If Service Provider reasonably suspects tbat any Service is being abused or used for fraudulent pwposes, Service Provi,der 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 lOfll-008B Page 23 of32 10.02 )'inimia Abase _ 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 Sasoeeted Abuse or Frauduleat Service Provider shall make commercially reasonable efforts to give the Department notice of suspected abuse or fraudulimt use prior to implementing a Fraud Intervention Measure. 10.04 FrauduleD.t 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 terminate Service under Section 2.05. 10.05 Probibited Data Uses Prohibited Data Uses. Service Provider reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny, terminate, 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 determine dJ.e actions necessary to protect the Sprint Networks or Sprint 4G Network from harm or degradation. 10.06 IntelT1lpt Or Terminate Service. Upon notice to Department, Service Provider may interrupt or terminate Service if Service Provider detennines that the End User's use of the Service iofiinges intellectual property rights. Contract 11. 0 -NO WAlUlANTIES SERVICE PROVIDER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF WHA'fSOEVER NATURE RELATING TO TIlE SERVICE OR ANY EQUIPMENT PROVIDED UNDER TIllS AGREEMENT, INCLUDING BUT NOT LIMI1ED TO TIlE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. rt:> TIlE EXTENT SERVICE PROVIDER PROVIDES ACCESS TO INFORMATION PROVIDED BY OTIIER. SOURCES, SERVICE PROVIDER. ACCEPTS NO LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLmO, WIm RESPECT TO THE CONTENT TIIEREOF. Contract 12.0 -UMITATIONS 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 nrn FACILITIES, OCCURRING IN mE COURSE OF PERFORMING UNDER TInS AGREEMENT, REGARDLESS OF TIlE Contract No.: DMS lOfll-008B Page 24of32 LEGAL BAS[S FOR SUCH CLAIM, SHALL IN ANY EVENT BE LIMITED TO AN AMOUNT EQUAL TO TIIE PROpORTIONATE CHARGE TO mE DEPARTMENT FOR TIlE PERIOD. OF SERVICE DURING WInCH SUCH ERRORS, OUTAGES, FAILURES, DEFECTS, OR MALFUNCTIONS OF EQUIPMENT OCCUR,' SUBJECT TO TIlE ADDITIONAL LIMITATIONS BELOW. THE ABOVE LIMITATION DOES NOT INCLUDE . ANY POTENTIAL LIABlLITY FOR IN1ENTIONAL TORTS. NO PARTY SHALL BE LIABLE TO ANOTIIBR FOR SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DATA OR RECORDS (EXCEPT TO mE EXTENT THE SERVICE PROVIDER. IS REQUIRED TO BACK·UP DATA OR RECORDS), EVEN IF THE PARTY HAS BEEN ADVISED TIlAT SUCH DAMAGES ARE POSSmLE. NO PARTY SHALL BE LlABLE FOR LOST PROF[TS, LOST REVENUE. OR LOST INSTITUTIONAL OPERATING SAVINGS. ' THE DEPARTMENT ACKNOWLEDGES THAT SERVICE IS MADE AVAILABLE TO EQUIPMENT ONLY WHEN 'TIm EQUIPMENT IS WITIIIN OPERATING RANGE OF nIB FACllJTIES LOCATED WITIIIN THB 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 [S DUB TO TIlE LACK OF NETWORK COVERAGE, NETWORK CAPACITY, OR TO 'CAUSES DEYOND TIlE SEltVICE PROVIDER'S REASONABLE CONTROL. NOR SHALL SERVICE PROVIDER BE RESPONSmLE FOR ANY ACT OR OMISSION RELATED TO TIDRD 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 WI1H TIlE lERMS OF TIllS AGREEMENT, TIlE DEPARTMENT AGREES THAT SERVICE PROVIDER SHALL NOT BE LIABLE TO TIIB DEPARTMENr OR TO END USERS FOR ANY SUCH LACK OF PRIVACY. FOR ALL CLAIMS AGAINST SERVICE PROVIDER RELATING TO TIlE SERVICES PROVIDED UNDER. TIllS AGREEMENT, AND REGARDLESS OF THE BASIS ON WHICH TIIB CLAIMS ARE MADE, THE SERVICE PROVIDER'S LIABILITY FOR DIRECT DAMAGES SHALL DELIMITED TO $1,000,000. THEsE LIMITATIONS SHALL NOT APPLY TO CLAIMS ARISING UNDER TIm INDEMNIF[CATION PROVISIONS IN nns AGREEMENT. OR UNDER SECTIONS 15.9 (COMPLIANCE WITH LAWS) OR 15.10 (B·RA TB) OF TIllS AGREEMENT. Contract 13.0-INDEMMFICATION 13.01 IndemaifieatioD Sprint will ind~ and defend State, the Departm~ 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 Contnwt No.: OMS 10/11-008B Page2S 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. 13.01 Conditions to Indenmllieation 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, (li) 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, ,wbich 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 1hirty (30) days. In the event the parties are tmable to resolve the dispute within sixty (60) days, any dispute concerning performance of the Agreement shall be decided by the Department's Contract Manager, wJto shall reduce the decision' to writing and serve a copy on Service Provider. The decision shall be final 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, subject 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 pursuantto 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 sball 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 AnDual 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 ~ 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 lOlll-008B Page26of32 I I I I I ! 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 ContractualObUgations Neither party is authorized to act as an agent for, or legal representative of, the other party. nor sbal1 either party have authority to assume or create any obligation on behalf ot: in the name ot: or that shall be binding upon, the other party. 15.05 No SubCODtraeting , The Service Provider may not subcontract any of the Services without the DeparbDent's prior written consent. The Service Provider shall not be released of its contractual obligation to the Department because of any subcontract 15.06 Notiees Except as otherwise provided in this Agreement, all notices required or permitted to be given hcrewder 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 :filcsimile, with a confirming ~py 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) If to Service Provider: Attn: Legal Dept. -Public Sector 12502 Sunrise Valley Drive MS: VARESA0208 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 sba11 be effective on receipt.. . 15.07 ForeeMajeure Each party's performance lDlder this Agreement shall be excused if such non-performance is due to labor difficulties, governmental orders, civil commotion, acts of nature. weather disturbances or adverse weather conditions, and other circumstances beyond the party's reasonable control. 15.08 Ethial Rempoibilittes 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 10/11-008B Page 27 of 32 15.09 CompUanee 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-I 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 gro1Dlds for Agreement termination. For additional information regarding SUNCOM rules and statutes, please reference the following link: http://dms.myflorida.comlsuncomlsuncom_customer_resources/rules_and_statutes. 15.10 E-Rate The Schools and Libraries Program. of the federal Universal Service F1Dld, commonly known as "E-Rate," is administered by the Universal Service Administrative Company (USAC), through its Schools and Libraries Division (SID), 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 nom 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 sball provide ~levant SPINes) to the Department. Service Provider also is required to submit a Service Provider Annual Certification (SPAC) (Fonn 473) to USAC each funding year to certifY that it will comply with E-Rate niles and regulations. Service Provider shall maintain eligibility as an E-Rate service provider and sbaIl avoid being placed on Red Light status by the FCC for the duration of the Agreement. - During the term of the -Agreement, Service Provider shan 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 ~artment 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 ineligt"le as an E-Rate service provider, becomes 'Wlwilling 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 p~ 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 10111~008B Page 28 of 32 damages shall include but not be limited to any 8D).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, Semce Provider will also be liable for the amount ofE·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 lDltil 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 fundmg for the Service Provider services for 1he 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 S~ce Provider violation of the E-Rate rules and regulations is a leaSon 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 wtder 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 1. or 3. above or be required to perform as set forth in 2. above, beyoild the last day of the E-Rate funding year in which Service Provider becomes ineligible as a provider lDlder E-Rate. becemes wtwilling or unable to provide E-Rate eligible services in compliance with E-Rate rules and regulations or the Agreement. or viol~ 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 pmposes of c1arification and to avoid confusion, the Department will not hold Service Provider responsible and Service Provider will not be liable pmsuant to subparagraph A. above. if Service Provider becomes ineligible as an E-Rate provider dming the term of the Agreement. becomes unwilling or unable to provide E-Rate eligible services in compliance with E·Rate rules and xegulations 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 ire determined to be beyond Service Provider's control. B. Invoicing. The Department ackno\\!ledges 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 discotmts under E-Rate. Both Service Provider and the Department agree that: Contract No.: DMS 1OIlI-008B Page 29 of 32 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 pW'Suant to this Agreement with respect to the appUcations 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 Qnvoicing) of the Business Process and Operations Enibit :2 -Business Process and Operation. 15.11 Advertisiag 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 Providers 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, reseUers, or service representative. 15.12 Aulpment 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 common stock or substantially all the assets of Service Provider are transferred after first receiving FCC and other necessary gove~ental 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 Employee .. SabcoDtndon. and Aleuts 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 tecbnical 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 ot 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 security 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 facUity for cause any of Service Provider's employees, subcontractors, or agents. 15.14 Governmental RestriCtiODS If Service Provider believes that any governmental 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 ContractNo.: DMS 10/11·008B 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 Deparbnent. 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 ot: or at the direction or request of, any S1ate officer or employee. For purposes of clause (li), "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 sha1l provide any type of information the Inspector General deems relevant to Service Provider's integrity or responsibility. Such infonnation may include, but shall not be limited to, Service Provider's business or financial records, docurn.ents, 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 0) three years after the. ~x.piration of the Agreement or (ii) the peri09 required by the General Records Schedules maintained by the Florida Department of State (available at: htto:lldlis.dos.state.fl.usIbarmIgenschedules/gerlsched.htm.). The Service Provider agrees to reim.bmse 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 com 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 cmrently 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 Deparbnent in writing if its ability to perform is compromised in any manner during the tenD. of the~ent . 15.17 ModiIigtioD ofT .... s 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 sbaIl 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 incmporating such terms onto Service Provider's order or fiscal forms or other documents fo~ by Service Provider for payment The Department's acceptance of product or ContractNo.: DMS lOIll-008B Page 31 of32 .. _._._-_._-.............................. ,...---- ....... of tfocaawMioa GIl fimaa ftniaW by 8eniCle PtcmdIr 1br ......-at JI81IIIIIIl IIII11D11ta itdM"he .... _ OCdID .......... 1IIDdifk:atiaD 10 lams aad~ If. StJNCOM aieuI ar tile DepIdmaIt pmiaallJ eaIInIl Do • wrIIIIa .. a wt fiIl'dIe ,-...or_lkniaefaaa .... 1'IvfiIIIr. _pnMIIaas 01 ..................... .. aJteat ... taD .... ill' .......... lilt tbrIIl fa £dOlt: J (BrwIrwa 0jImIINw) ad 110" ......... "'1JIaII1JIPl1. 15.11 0"" 5 11ds A&;waw4'" 110 bfadiIw upm. ...s iIIIn 10 ........ at tile pdDa IIIntD ... tBir NIpCIGIivD .DC."" l1li1 ",.IIIIIJ ..... IS.It D .. ,,? $" 'I1Ia~ ........... fa 00 ......... cd. af'Wllil:b ...... _ CJIi&iaalIlllll d of ......... GWNI"d8b1toaellllll lID ...... ...... lUI Ie "If If. ClOIIII ..... 1IIQ" PO''''' af11ll ~ wid .. UlllllbIlllillblDl" pruriIioIa .... be ......... 1D ... CIIdIIIt .. ilia_fa ...... of ... arfl1lDt ...... wIsa~_ 1II ... (IIU¥iIIaI ........ ialbll .... ...s....... . IN Wl'DIIIIS 'WBJIRID.t, die p!diII ... CIUIDIl1llil Aat-to be ......s by II.rr __ .11 Jud ..... af .............. . ~~~~~~~~~ Priat ,..J2atJ2 CONTRACTBETWEEN . I'LORIDADEPARTMENT OFMANAGBMBNT SERVICES AND SP.RINT SOLV'l'ION8, INC. CONTRAcrNO.: DMS-I0l11-OO1B .AMENDMENT 18 tHIs AMENDMENT rAmendmenr). to 1hci MobBe Cornm ... 1caIion Services (MCS) Coilbaal No. DM8-10111-G08B, efrecIIve Jan~ 13. 2012 ("Conlract"), Is entered into as of the IaII dale signed below. by and between 1he parIIea 10 the ConIract. namely. the'S1ate of Florida. Depai1ment d Managemant SlavIc. rDapaItmenr). and Sprint SolutionB. Inc.. fContraclDr"). COllbactur and the Depadmant are herainaftar referred to IndMdaally as a ·Party" or coJIacIiveIy u the -"'rIieI". 1IIIIEREA8, the PartI8s entenJd Into the Contract to sat forth the duties and abllgallons ~ CGnb'actDr and Department In raIaIIon to Contractor's perfoimanca of Ita duties In COf"dl8llllon with the Contract; and WHEREAS, the Canlract pnwIdes for up to five (5) )'ear8 of renewal and the current explndion data oftha Contract .. January 12. 2017; and WHEREAS. .. Contract has remaining' nII18W8I8 for·Up to five (5) years: and WHEREAS. tha Department __ to exerdla Is option to ranew the Contract for an adcllloll. ,fiwI (5) years. IIIEREFORE, In cone ....... db foNgaing pram .... til, Para. h • .., agree thattha Contract: ahal be amended _ follaws: 1. CONTRACT 2.01 -II1I*I Term: The Partlas aglll8 thai tile TeRn of this Conllact ahal be I8newad fur an addIIIanaI pertad afftve (5) ye&I8 aornmanclng on January 13. 2017. and continuing through January 12,2022. unlBIJII axlanded, canceled or termlnated_ provided In the terms and exandltions oftha Contract. The Parties agree that no addltlanal renewal periods wiD remlln lifter JanuaJy 12,2022. SpecIRe Appropriation: . 11Ia following .. the apecllc atate funds from which tile state will make payment under the Con'lad: General Appropriations kit (FlorIda Law) 2840 SPEdAL CATEqORlES CENTREX AND SUNCOM PAYMENTS COmract No: DM5-10/il-Q08B COntract Amendmenll0 Paplaf2 FROM COMMUNICATIONS WORKING CAPITAL TRUST FUND •••.•• : • $108.035.421 All othartarms and condftJons of the Contract shall remain In full force and efact. . SO AGREED by the parties' a~ repl888l1latives on the dates noted below: DEPARJMeNTOFMANAGEMENTSE~CES SPRINT SOLUTIONS. INC. KIm $?Mfl-Kerr. VICI Pm!dent. Small Medium BusineBs . Print Name & ntle 1-11-2015 Date SprIntRaf.IBSG1611.:o021 ~JIpproI" ."IoagalFarlll-BRPOJIOi/18 Contract No: DM5-10/1HJOB8 Contract Amendment 10 Pase2of2 RESOLUnON NO.: 34-13-13852 A Resolution authorizing the ety Manager to enter Into an a.,.eement with Sprint Solutloa,s to provl"e the aty 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 ofthe City, and ' WHEREAS, Sprint Solutions has a contraa With a governmental agency, Western States Contracting Alliance, (WSCA" Contract No. 1907 and the State of Florida "Participating State" Contract No. DMS-12/13..()()9, 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 btv of South Miami by saving the City approximately $9,000.00 annually. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSJON OF THE CITY OF SOUTH MIAMI, FLORIDA: SectJon 1. The City Manager is authorized to tennlnate the agreement, at no cost, with the Citys current wireless telephone provider, T-Moblle, and to enter Into an agreement, which can be termf~ated 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 ~prlnt Solutions and the State of Florida No DM5-12/13-009 Section Z. Severability. If any sect jon, 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 valitfJty of the remaining portions of this resolution. Section 3. Effective Date. This resolution shall take effect immediately upon enactment. PASSED AND APPROYED this1 9tQiay of F~bruary .2013. COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Uebman: Yea Commissioner Harris: Yea COmmissioner Newman: Yea 'CommissionerWelsh: Yea ... J MIAMI DAILY BUSINESS REVIEW ----..-... ..... -1IIn,~.~.""'" STAll! 111' FLDIIIDA COUrmOF _oDADe: _ ... ...-oIgned ..... ~IV P'-' _ltd -MElIA, .......... _1hoIt. ..... "' ... LEGAl. c:tERK; Logo! _I. aI tile _. DJlIIr __ R_ -__ .lfIIII (_~ •. -., ... Legol "*"", _. ~ .. Mlooni '" _1·Dado COImIV. _ IhoI tho _ ..;" .r _ .. _"LogoI~I.I_"'Iho_aI IIOlICEOf PUIUC HCAB1NG CITY OF IOU'" MIAMI· MAY 17. 2111 "'tile XXXII Coull, W81pzbII.lladlnsald~lIIltte __ tJI ......,." .. Mont Iiathor lip IMI 1hI .. 1II ~ DIIIr _ _ ,., __ .. 111,,,"1,,,. IIIIWoDadI COII'If'. PlDftdI and IhaI VIe .11d .,.......,.· .. 1 __ -......_ .. 00l0i ___ CI<uIIr. _ _ dar «1_ 1IatiPUy. a....., ... Logo! HaIIdarII and lin _ on-___ .... ..... It tho poll _ in Mtiomi In II1II 1ll1oml_ CaunIy. -. "'. porlOll "' .... ,... _,,-, .. II1II ~oftholll __ "~~"""_ furIhIIr ..,. IhaI hi! CIr .. hli l'181hlr pafd ntIJ' pramflld .... _ ..... _ony ........... _-- or .-'" lie _. of I8CIOfog IlIIs _~ IIIr .... -.. nJII~RiiiiiiilflO (SEAl.) . __ -..or_Io1111 ~.. RHONDA "PEUIER :', lIT COMlIIS61ON • FF231407 f EltP'IIr.a ... , 17 2019 . ·~· .. Ic·.1t.Ii;&l' ~ . .:::::' .. ". __ .... ~ .... "-. -...... _. -.'-.-.... ' .. ' -........... _.-....... -.. ~~ , .~ ----------------------------------------------------,---------------------------------------------------------------~----------------------- FROM PAGE DSE CALENDAR non! Art: Colle<l/on contams-.. 1)00 WOJb.1n an rnl!dlulllnnd gl""'. InclUdIng palnling. sClllp· lu ... works on paper. pholllg. raphv. videq.lllm. installotlon Ind public sculpture. '''ecenl AcqW~ lians + Hlghllghls" wlm be tile Museum's first long I'IIrmIt instillation containing selections frOm the College's vast colee- IIan.MIY 8-Mar II 12 p.m.-' p.m. Free Miami DIllie Cadllll' Mu- SeU/!I 01 An + D85ign 600 8'.' cayne 8lveL Miami. Monday. May 9 AI'IIfact: MId<etary & Con- te .. , .... Delip Onlhe~ siGn rI MI\SOII & obiet AmeriCas. MIt tOoll. GetdIet Fine Art pees.!!,,,, "Artlfacr,· a vivid dls\ll>v camblnlng FI2Rr:h mld-an\UIY design fumiIIlle tagetherwltll cantornparary _Its br prolific FtendI anlStl PIII,1r:e 8reIeIu. DlIvior~'t and "1a"'11I1IIa. The vlglII!bI! showcise WI! feature III elegant interior dlSlgn pa'rlng of mllkenturV modem IIg~ng aiId CO/UIIIe. comple' mented br mid to I¥ge-sr:ale scu/ptars and paintings IlIrDugh aut tit. first levelsh-oom. TIl. main cenwP/eCe wi_ he the Twin Bird sculpUlr.s br Pauta! 8e1te1u. whDIe J·<llmenslonai man ... raenta1-"s go beyond goo- met~c art to traIe.-rules ¥lh .... ,lght predominates and dlrDqlilllc· varlatlcns. lines and shipes ani! tDgether to reach I porlKt IIIrmcny -ultIlIIIlI!ly lflnsfoimlng illlllIradlitil'lllny type of llrulsalpto or ardIlleCt ... 1 ~~:::=~E"=~ MllIIIIl . IlIIIrldDUT: Art IS HaUn. TIl ... ", Members al ilia ... then I doan IIQII-PIIIIft DrglniZations IS MIn as fDr:lIl artists collaborate to celebrate tile IIIIJIIII'IiInt role Irt plays In the healing PraceD. May 9 -Mav 119 l.m.-8 p.m. FII!II "'l5eM1 1350 E. SIn'Ire "IId .• fOrt Laurlelllale. "-n CltJtLlllle 111111 flIIIIIIlt This ca/arfrJ1 ahlM explore th. hlslalyal I.emcn CIlY-1JIIIa Hlnl Visit tile Olde Heritage Trust headquarters to ef1Ioy this elChlb- II. and !elm more about this Pall 01 Mlalnl and Its cclorful hIStory. May 9 -V 11 9 a.m.oS p.m. flee Dade Hullage Trust 190 SE 12111 Ternel, MJaml You Too CIA ..... CI!arIma at NAWlII'I""'S-1g1ll1ma DInMr TIle HllIanil ADoclitlon of Women 8usIMss OWl1lB. In partI\eISh/p ¥lMh!he Orgllllzr lIOn ot Womell In lnt11naItonil Tralla and the Women's Chamber of Commerce. pres..,1 block- taar • .,.,... Ruth Shennan forl1s MIV 9th Si!llll1ll1e Dinner -a se~tlI of inlilllllte and loW- active ~tlon'abcUl women's ieI ... shlp iIld penon. aIIpIofesslallll dlMlailment. Shetrnan. who will hlWllllr latest book an-lranlliarplldlase. SPEAKETS ThelD 1Ies~ Mast effKlhe, MII5I: OvertacQd MIf1ceIing And Personal Branding Essentlals (NDrmen Press. JUIII! 1S. lOIS). wilctfer u~ aner:dctes and Insights en '-to have a gmter impact ""'en ·CClll11lllnlcatlng publicly or • privately. tIpS on boosting yaur chlrlsmillnd how III en_ anv roam. and CCIIIIIIInd III Mar 9 e p.m. $4O-SI5.5 www.nlWbornll· mi.orglcantenl.UpII'/page..1d -"l2&cIub.lI/c45446llmact- LlOrfo185954 Seasons 52:nt Mlratle Mile. COlli Gables. Tuesday. May 10 1l1li l4Ihav1al'll H&l1/I COllier- tllreo 1.ldl •• HooIItIler com- ~ UnRedW1" al8111Wild county ConImiulon an SUIl- sta_ Abuse. In c:aIIabcratton with .rowanlBehaviorll HefIth CotUtian & B_1Id Counlv _menl. _III ",_"The BehlVt .... 1 Helllh COnIerencr. Building Healthier Coramllllllies: liwo-day conr.re_ prcmollng cclllllllllitY awarenesslPd SUII" port of behwlora! he-ilil and substance 1111.0 preVl!IIIlan. , .. luring t¥/G lull days 01 break· aut RISloIllInd speakerJ.1he ccnferenc:e wB _Ide a forum where participants can leam. Inform. nelliIIIIIk and discuss lssuU rellted to remrch. pal'oty anrlpractlce; nplnd praression· 1I1c-*!ge; provtde ~llIy ccntInulng IIdUtiltlon to bell .... 10111 healt/l Protesslana15: and promote cornnwnllV _es, ofbehavioral hIIIth.nd 5Ub- SlancelbusepllIYeIItlDn. Datryl SlnIwberrv. fat/llll' Majer League _bill A1~tar and World 5etle! Champlon.best-telRng NEIGHBORS authrlr and the CD·Founder of the Dllryl StrlWbeny Reawerv Center II\d Strawberry Ministries. WiIIprovlrlelhe ~ Add ..... during. Lundleon on May 10th. Business attire If requirer!. SlID· Mar 11 7:45 a.m.-4 p.m. $50 Signaluno Gtilld 6900 Stale Rd. 84. DavIe. . ...... IIt Nallanal Faad H ... EIhIcs In thl 'Iold: All IIIIirII! Loolr at tlle .... 1H:hnM F.-AJaiI hW1sII NJIIDnal Fund UNF) fIIr. spaCial even! 0/1 Ethics In tIIa FIIId: An inside tallk at lIIe brill Dal_ F_ fealurlng gUUlspuRr Celene! 8111111 Gruber. CDI.'enlZl Gruber Is Via! commander (resar~ of Division m In annared division of20,oOO SOldiers. HI IJ founder of tIlesed In The Field.. nen· prallt!hal brings lllgelher IDF r ..... ists.1Id dWcnll:allV In and dis.bled dill ... far spedal ... lIls !hroug1!out the yair. Inslllllng the valOes 01 CIIIIIIIIun~ tr alld SOCllll'lSpomIbl1lty In the . heal'1S 01 thOuunds of raldlus. PIei". RSvp·'o RSVPMIa- mi(ilJ"'.org bv May 6. 2016. May 10 1 p.m. Free Miami Beach Jewtsh Ccmmunlty c_r4221 Pine TRee Dr. MIami SUCh. •• CITY OF SOUTH MIAMI COURTESY NOTICE NIJJ'IalS_~""lbcr{l,c-.-lata .... rlItCily.r __ .PI"dd .... iIJ""_tl~'laatfll.') "' ....... C'IIfCOIIIIIIIItiooIllOllilw"""""""' ... l'oosI/aJ<MoyI7.III1 ............. 1:OOp .... ia_rJIy~ ~·I!O~Dnw:. .. .-Idu ... ,.,_I .... 1: \ " __ .. ~IIIeIlI)'~ .. _f'*'.r.-nf_wMotiR>ltMl_5phq '''_en\ ...,.'""_II'f!II'IIIIIlI~._'_""_.r_nd___ ., A....".,.. •• ppMIn ......... ,-.." ......... oIri ... /lrri_.rpcnllils lOra ' ..... 1 L ... oJr;n._ pa./or1I",....,..,..t br _l/o.ltl·"·I.f:Ilt. ......... ___ .. '"' SW 11 Sum ~tSJr>"'-IV1}. A ... -IIIP"inc ....... 1br III __ oll ... lbrl_ .f ........ lbr. SpcdoI 1Ila! .. _ ,......, ...... 11)' _)fo.I"·l~"4:I.'I" 1010_. _1.-_ .. ~loIO IW 71 a_ Ir_I!P ... -IOIL . ': AlI~~.,,:uoI....-IIy_IfA.4 •• cIodI\I .. _ .. d_"" •• ""'"""" ... 1o ....... 1A04 .. dorllY .... ~ ... IinIIioID.'''"'C''''of_l.vuoi~C.'lIaol~L ""1lId"-...,.,.IIa: ... JO.Uar/lJot~l'or_MIornl~J.oj .. n..""_C ...... lllclnI"'laoad ........ 1" ....... C .. ~ .. tIIJ\ ~'"orlloo su_.r '-\ 1ucIDIr,..1OWlYIsIa.,.,.o ........ otplal .. \IawaIa "'po_..,"'" inCllop\or2¥ oI/lJol6ool-Oorll tlmorrOocJo, ",,~ .... tI\o",,""_WIornI_IatoIni·.--.. a.:_ ... ·f""""CIf1"',...u.. ".. .......... ut .. _ .. IIrIC'.,,)J.onoI~rodr._IIO-4.:l.~_ ...... oI loaol..a_Df_~.17.--"ItuIIrIoIrto"-. All 00II-. _orb. 0.,0.. I~ or .... 1'.10)' tI _ t..u.roi~ c .... 01 ClnIIoIr-., _ ~ ,.. .... 15'"-1Ir...,_~· ..... _...,_.t.oAil<l1ol ... iDlfl:aut_'r .. _ mi-"'IIIbI!nsru.I_'~""""""""'''''IIn.iI_· A.o..Iiuta! .. lIli1croIlloCfly~Sabtdo ... IfJIHoadYooa:-n.i-....U-IWl!a"o ........ _ ......dobc--mdoldctil; ........ _""''''''''''''. ALLlIIItrIs1odporfits .. """",ro-..JlllClwW'*_ r.~6_io/'OIAlI.n. """.""""",1IIt City r.t .... ~ Mic.:oI: I~O{\I\."'-Wl. -~~ ... qtC -. __ ... OIDf .... ~~_ .. '",1ic .. iI·L-.......... _...::x-..... ." .... -_ ::.=.~=-.:::=.."':!":"'..:.:.-=::~. _"::!":it_=. ... -e.:'.':'= __ .. _10 .. ,._ . I JIlt} r 01) e y 0 1 [r 11 e ill tIl The Taolet Tal ChI SooJ~ Internal a~ and me1;hotAe Inc;orporatfr stJ"81it;hlng and turnlnslnto a 661tusncs of movements that Improve the health of body. mind. and spirit;, They rstJuoe tension, Improve clrGuJatlon and I1alanoe,:.nd Increas8 5treneth antA flfDClbll~ New ~eglnn8r Class; Start Thul1iday. May 19. 6:0.0 -7:30 p.m. Tueeday. June 1. 6:30 • &:00 p.m. 6atut¥lay, Jun, 11. 9:30 -11100 a,m. Taoist Tai Chi Society of the USA A CHARITABLE ORGAHtZlmON . .. ~~ Health ReGovery Classss Every . ~ .. . . Tussaays and Thursdays. 12:00 ~ 1:30 pm • . • south Miami I Coral Gables Elks Lodge • 6304 SW 78 St. . webllt8: tloIst.org/usal Phone: (3OIit 598-39Ii9 e-mail: 8outhFlDrldIlOtaOIst.O~ 6SE I NEIGHBORS I SUNDAY NOVEMBER 21 2016 MIAMIHERAlD.COM LOOKING FOR THE STARS OF TOMORROW Above, Lorissa Sites, Cloe Durhan and Georgina Paez (rear-center) participated in the 'Kids Got Talent' Super Star Showcase from the I Am A STAR Program! held Nov. 19, at the Miami Airport Pullman Hotel. At right, Rickerson Moncoeur performs. The program helps recruit new young talent. Interested? MWS has monthly beginning watercolor painting classes, demonstrations, paint-outs, jurled competitions, shows & more! You are welcome to attend a Miami Watercolor Society meeting. Pinecrest Community Clr. • 5855 SW 111 St., Pinecrest FL 33156 • miamlwalercolor.oro Second Sunday of each month, September through May. 1:30 -3:30 P.M. HIAM. With th~ SllilP:lft (!f thl, /113fl1i-OMip CCU!;t'l Del>Mtn,p.ot ('1 Cultuf~ll'.ffall~ and th!, c[,nUI"'! P.fhlll\ Council mEl the MI;.mi-O"de Countu M/I!JJr anti BUMd Df COUllty Cpmrnl:l$'lwtn:. '\ CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given Ihal Ih~ Cily Commi"ion of Ihe Cily of South Minmi, Floriu" wiH GllJlduct Puhlic HcaringC~) at· it~ regular City Commission meeting scheduled for Tuesday. December 6,2016, beginning al 7:00 Jl 01., in the CilY Commission Chambers, 6130 Sunset Drive, to consider the fnllowmg item!s): ( A Resolution authoriling the City Manager to enter into a GOntfHl.:t for a GPS Flcet) Tracking nnd Reponing Services wit~ S~rint Solutions by piggybacking oJf of Sprint's multi-year contract wjlh the State of Flonda. A Resolution uuthorizing the City Manager 10 enter into II multi-ycm (.'ontraL:l with MCn, LLC oy piggybilcking on' of ils contraci with Ihe City of Miilmi. An Onlimlllt:e amending the ell}, of South Miami Code orOrdinance~, Chaplcr2, Seclion 2-2.1 (.1) ano «()} to provides additional administrative procedure for public commcnt"i ilnd quasi-judicial proceedings. An Ordm,mce amending Chaplcr~. Article I. Section 2-2.1 1M) oflhe Code ()rOrdimU1cc~, to mollify the procedure for prior City Attorney approval of all reso]utiolls, ordimmccs and other documcnl~ he-fore inclusion on the Commission agenda, ALL interested parties arc invited to attend and will he heard. For furlher information, pieas," conlacllhe Cil)' CINk', omt''" at 305-663-6.l40. Maria M. Menendez. ('Me CilY Clerk Pursuant III Florida Statutrs 2t-:6 (10), thc City hcrchy advisC'..; the puhlk Ihat if a person derides 10 appeal ;my dl'(;lSiOIi made by Ihi~ Board. Agl'nr.;y or CommisJ.ioll with rc'SpcCl \n any m.illlcl' cun .. idcrcd at il'i ln1.'cling or hClldng.lw or she wi1l11c~d c\ l'ewrd of the pro\;c(:dillg~. and Ihal for such purpOSl~. i'lJrrcted pc~on may Il('cd 10 ell>;lIrc Ihal a verhatim fecord I)f thc proceeding'S l~ made which rC(:(!fd includes the tCiltimony ilnd evidence upon which the appeaJ is 10 he ha~cd. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday 'and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA., who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; ihat the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-DEC. 6, 2016 in the XXXX Court, was published in said newspaper in the issues of 11/25/2016 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second, class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication ot' the attached copy of advertisement; and affiant furiher says' that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the of securing this advertisement for Sworn to 25 day , he Jd,u,L~ CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING iNOTICE 'IS' HEREBY given that the City Commission of the City of South :Miami, FloridaWili conduct Public Hearing(s) at its regular City Commission lmeeting scheduled for Tuesday, December 6, 2016, beginning at 7:00 p.m., in ;the City CClmmission Chambers, 6130 Sunset Drive, to consider the following item(s): ' ' ( ;A Resol,ution, . a~thorizing the City Manager to enter into a contra,ct for a \ GPS Fleet Tracking and Reporting Services with Sprint Solutions. b-ij piggyba~kilig off of Sprint's multi-year contract with the State of florida. ' A Resolution authorizing the City Manager to enter into a multi-year contract with MCCI, LLC by piggybacking off of its contract with the City of Miami. An Ordinance amending the City ,of South Miami Code of Ordinances, , Chapter 2, Section 2-2.1, (J) and (0) to provides additional administrative procedure for public comments and quasi-judicial proceedings. , An Oidinanceamending Chapter 2, Article i, Sec,tion 2-2.1 (M) of the Code of Ordinances, 'to modifY the procedure for prior City Attorney approval of all' resolutions, ordinances'and,pther documents before inclusion on the Commission agenda. , ' ALL interested parties are invited to attend and wi'n-be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. ' ' Maria M. Menendez, CMC City Clerk' , Pursuant to Florida StatutEls 286.0105, the City hereby advises the public thafif a person decides to appeal any decision 'made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person Illay need to ensure that a verbatim record of the proqeedings is made which, record includes the testimony and evidence upon which the appeal is to be based, ' 11/25' 16-38/00.0.01 i'3856M