Agenda 06/26/2012 Item #16E 1Recommendation to authorize the utilization of the Western States
Contracting Alliance (WSCA) contract No. 1907 as adapted by the State of
Florida with Sprint Solutions, Inc. for a period of four years and authorize
the Chairman to execute the Particpating Addendum
OBJECTIVE: To provide cost effective cellular equipment and services.
CONSIDERATIONS: In February 2008, Collier County issued RFP 08 -5012
Cellular Communications and Equipment to provide staff with cellular
communications in connection with their County jobs. Purchasing Staff received
three (3) proposals from the marketplace. At the time there were four (4) national
carriers who could provide the services.
The new agreement, which was awarded to Sprint Solutions by the Board on
February 26, 2008 Agenda item 16.E.4, standardized equipment, created a
County -wide air time pool by consolidating the management of minutes in one (1)
account and eliminated the "pay per use" items such as text messaging,
downloadable ringtones, and several other items. Any exception to the plan is
required to have a business case associated with the requested exception and
final approval must come from the County Manager. Further, this agreement
consolidated the billing account, thereby streamlining the review and payment
process for operating departments.
This four (4) year contract with Sprint Solutions provided for a first year's
implementation savings to the County of $250,000; thereafter, the County has
been able to negotiate additional savings due to this consolidated contract of
approximately $35,000 over the remaining term of the agreement, along with the
benefits of streamlined process cost savings for operating departments.
Since 2008, there has been further consolidation in the cellular communications
industry. Currently there are only three major carriers who can continue to
provide the level of service that is required for Collier County. Purchasing Staff
did a comparison of the rate structures offered by the competing carriers and
found that the cost of service would significantly increase annually and would not
provide the streamlined services the County requires.
Purchasing staff has considered the recent consolidation of the marketplace and
has determined that switching carriers at this time would increase the cost of the
county's cellular phone program to prior levels and is not in the best interest of
the County.
The WSCA solicitation was competitively solicited to the major Carriers. Each
offered their published rate structure with a flat discount off the plan. They also
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6/26/2012 Item 16.E.1.
offered equipment at no charge to Government entities. Sprint will allow for
replacement phones at discounted rates should something occur. The other
national carriers do not offer replacement equipment discounts for 18 months
after the phone has been purchased.
The utilization of this WSCA agreement, adopted by the State of Florida, will
provide for the continuation of the uninterrupted service; consolidated billing with
the retention credit that is applied to each month; and allow for additional
equipment at no charge and transition of new technology as it becomes
available.
FISCAL IMPACT: Funds have been budgeted in the using departments, cost
centers based on the number of units they use. The estimated annual cost of
this service is $360,000.00
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County
Attorney, is legally sufficient, and requires majority support for approval. —JAK
RECOMMENDATION: That the Board of County Commissioners approve the
use of the Western States Contracting Alliance, as accepted by the State of
Florida, for cellular communications services for a period of four years and
authorize the Chairman to execute the Participating Addendum.
Prepared by: Scott D. Johnson
Procurement Strategist
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6/26/2012 Item 16.E.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1.
Item Summary: Recommendation to authorize the utilization of the Western States
Contracting Alliance (WSCA) contract No. 1907 as adapted by the State of Florida with Sprint
Solutions, Inc. for a period of four years and authorize the Chairman to execute the Particpating
Addendum
Meeting Date: 6/26/2012
Prepared By
Name: JohnsonScott
Title: Purchasing Agent,Purchasing & General Services
6/8/2012 9:25:06 AM
Submitted by
Title: Purchasing Agent,Purchasing & General Services
Name: JohnsonScott
6/8/2012 9:25:07 AM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 6/8/2012 3:46:12 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 6/11/2012 8:03:13 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 6/11/2012 10:58:38 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 6/11/2012 12:31:52 PM
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Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 6/11/2012 4:45:26 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/12/2012 10:19:43 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/18/2012 2:32:45 PM
Name: OchsLeo
Title: County Manager
Date: 6/18/2012 3:58:52 PM
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6/26/2012 Item 16.E.1.
6/26/2012 Item 16.E.1.
Cooperative Governmental / Consortium Agreement Form
( "Piggyback ")
Collier County Solicitation Reference:
Vendor(s): Sprint Solutions, Inc
Rams
Information
Reviewed
Description
(Allowable per BCC Purchasing Policy XIV B "best Interest of the County"
1.
SponsorAgency
WSCA & State of Florida
2.
Sponsor Agency
State of Florida Department of Management Services
Contact
3.
Web Site (if
http:/twww.dms.myflodda.com /business operations /state_purchasing /vendor_in
applicable)
formation /state_contracts_agreements_and odee_ lists /altemate contract_sour
ce /wireless communications services _equipment wsca
4.
Award Date
4112/2005
5.
Scope of Services
Provide cellular communications equipment and services
6.
Ex iration Date
State of Florida 9/10/2012 WSCA Master contract valid 10/2016
7,
Renewal Options
Two additional years
8.
Piggyback Clause
Yes, and has been adopted by the State of Florida
(in solicitation or
contract
9.
Competitive Event
Request for Proposal
10.
Competition
Received four proposals
Summary
11.
ITB Tab Sheet I
Not available, We can only use what the State of Florida adopts and Sprint
RFP Ranking Sheet
was the only carrier who has been adopted
12.
Vendors Awarded
Sprint and 5 Star Cellular (representing Sprint) were adopted by the State of
13.
Attached
Participating addendum as required by WSCA Contract
Documents for
County Attorney
14.
Anticipated County
$350,000.00 per year is estimated
AnnualSpe Td
15.
Rationale for Use
Solicited through WSCA; solicitation sales volume netted price savings for the
County given the number of public agencies participating; reduced the number
of staff hours and vendor dollars in putting together a response to a speck
Collier County solicitation.
The Purchasing Director certifies that the attached contract for WSCA No. 1907 for Wireless
Communication and Equipment was competitively solicited by Westem State Contracting Alliance
according to the Board's Purchasing Policy XIV B and that the terms_ and conditions of the purchase
are comp)itive in the market and favorable to the County.
and approval)
(Date)
4
/ eneral Servftp Director re ` an pproval) (Date)
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6/26/2012 Item 16.E.1.
For Purchasing Use Only:
RFP /CONTRACT # 1907
MASTER SERVICE AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR
A Contract between the Western States Contracting Alliance
Acting by and through the State of Nevada
Department of Administration, Purchasing Division
515 E Musser Street, Room 300
Carson City, NV 89701
Contact: Teri Smith, Purchasing Officer
Phone: (775) 684 -0178 • Fax: (775) 684 -0188
Email: tlsmith a,purchasing.state.nv.us
and
Sprint Solutions, Inc.
as contractina agent for the affiliated Sprint and Nextel entities providina the Products and Services
12502 Sunrise Valley Drive
Reston, VA 20196
Mailstop: VARESA0208
Contact: Michaela Clainmonte - Manager, Contract Negotiations & Management
Phone: (703) 433 -8581 • Fax: (703) 433 -8798
Email: michaela.clain onte@sprint.com
Pursuant to Nevada Revised Statute (NRS) 277.100, NRS 277.110, NRS 333.162(1)(d), and NRS 333.480
the Chief of the Purchasing Division of Nevada is authorized to enter into cooperative group - contracting
consortium.
The Western States Contracting Alliance ( "WSCA ") is a cooperative group - contracting consortium for
state government departments, institutions, agencies and political subdivisions (i.e., colleges, school
districts, counties, cities, etc.,) for the states of Alaska, Arizona, California, Colorado, Hawai'i, Idaho,
Minnesota, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington and Wyoming.
The State of Nevada has been authorized by WSCA to negotiate a Master Agreement as Lead State, for
and on behalf of WSCA and its Members.
In consideration of the above premises, and for good and valuable consideration, the receipt of which is
hereby acknowledged, the parties mutually agree as follows:
1. REQUIRED APPROVAL. This Contract shall not become effective until and unless approved by the
Western States Contracting Alliance Directors.
2. DEFINITIONS.
"WSCA" means the Western States Contracting Alliance.
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"State" and /or "Lead State" means the State of Nevada and its state agencies, officers, employees and
immune contractors as defined in NRS 41.0307.
" Participatin S tate(s)" means state(s) that have signed (and not revolted) an Intent to Contract at the time
of the award of this Contract, or who have executed a Participating Addendum.
"Participating Entity" means a state, or other legal entity authorized by a state, that is authorized to enter
and does enter into a Participating Addendum under this Contract. Unless specifically prohibited by
State law, government agencies, political subdivisions and authorized non - profits are authorized to enter
into a Participating Addendum under this Contract, subject to the review of the Chief Procurement
Official of the State in which the potential Participating Entity is located. Issues of interpretation and
eligibility for participation shall be determined by the applicable State Chief Procurement Official.
"Buyer" means any WSCA Participating State, a Participating Entity, any authorized agency or political
subdivision of a Participating State, or any authorized non - profit entity that makes a purchase under this
contract, either pursuant to its own Participating Addendum or by making purchasing under another
entity's Participating Addendum. Unless specifically prohibited by State law, government agencies,
political subdivisions and authorized non - profits are authorized to enter into a Participating Addendum
under this Contract or make purchases under this Contract pursuant to another entity's Participating
Addendum, subject to the review of the Chief Procurement Official of the State in which the potential
Buyer is located. Issues of interpretation and eligibility for participation shall be determined by the
applicable State Chief Procurement Official.
"Contract" means this Master Service Agreement for Services of Independent Contractor, together with all
documents incorporated herein.
"Contractor" and /or "Contracting Agency" means a person or entity that performs services and /or
provides goods for WSCA or a Participating Entity under the terms and conditions set forth in this
Contract.
"Solicitation" means RFP #1907 incorporated herein as Attachment BB.
"Fiscal Year" is defined as the period beginning July 1 and ending June 30 of the following year.
3. CONTRACT TERM. This Contract shall be effective upon WSCA Directors' approval as set forth on
the signature page of this Contract, to October 31, 2016 ( "Initial Term "), with the option to extend for an
additional two (2) years beyond the Initial Term at the discretion of the Lead State or as determined in
the best interest of the Lead State and WSCA, subject to mutual written acceptance of the parties, unless
sooner terminated by either party as specified in paragraph (4) or paragraph (21). Lead State shall provide
Contractor with notice of its intent to exercise the extension at least 90 days prior to the expiration of the
Initial Term. Each Participating Addendum executed in connection with this Contract shall be effective
from its corresponding effective date. A Participating Addendum shall not exceed the term or scope of this
Contract.
4. CANCELLATION OF CONTRACT FOR CONVENIENCE, Unless otherwise stated in the
special terms and conditions, any Contract entered into as a result of the Solicitation may be canceled
for convenience by either party upon written notice sixty (60) days prior to the effective date of the
cancellation. Further, any Participating State may cancel for convenience its participation upon thirty
(30) days written notice, unless otherwise limited or stated in the special terms and conditions of the
Solicitation. Cancellation may be in whole or in part. Any cancellation under this provision shall not
affect the rights and obligations attending orders outstanding at the time of cancellation, including any
right of any Participating Entity to indemnification by the Contractor, Contractor's rights of payment for
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6/26/2012 Item 16.E.1.
goods /services delivered and accepted, WSCA's rights to payment of administrative fees through the
effective date of cancellation (but not for periods after the effective date of cancellation or termination),
and each party's rights attending any warranty or default in performance in association with any order.
Cancellation of the Contract due to default of either party shall be in accordance with Section 21 herein.
(b) Notice. All notices must be in writing Notices required under this Agreement must be submitted in
writing to the party's address for notice listed in this Agreement or an Order and, in the case of a dispute,
notices must also be sent to:
Sprint:
Attn: Legal Dept. — Public Sector
12502 Sunrise Valley Drive
Reston, VA 20196
Customer:
Attn: Teri Smith, Purchasing Officer
Department of Administration
515 E Musser Street, Room 300
Carson City, NV 89701
5. INCORPORATED DOCUMENTS; ORDER OF PRECEDENCE. The Contract consists of this
document entitled Master Service Agreement, together with the following incorporated documents:
Contractor's Special Terms and Conditions, the Solicitation, the Contractor's Response. To participate in
the Contract each Participating Entity must do so pursuant to a Participating Addendum either as a signatory
thereto or as an eligible Buyer under the applicable Participating Addendum. The parties acknowledge and
agree that each Participating Addendum executed in accordance herewith incorporates the terms and
conditions of the Contract, and that the corresponding Participating Entities will be bound to the terms and
conditions of that Participating Addendum and the Contract.
In the event of any conflict between the terms and conditions of any of the documents comprising, related to,
or participating in the Contract, the following order of precedence will control:
1. The applicable Participating Addendum;
2. The Master Service Agreement;
3. The Contractor's Special Terms and Conditions (Attachment AA);
4. The Solicitation (Attachment BB);
5. The Contractor's Response (Attachment CC);
Neither the Special Terms and Condition, nor any purchase order(s) issued under the Contract shall
contradict or supersede any terms and conditions in the Contract without written evidence of mutual assent
to such change(s) between Contractor and the Lead State.
A Contractor's attachment shall not contradict or supersede any WSCA specifications, terms or conditions
without written evidence of mutual assent to such change appearing in this Contract.
6. RESERVED
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7. ASSENT. The parties agree that the terms and conditions listed on incorporated attachments of this
Contract are also specifically a part of this Contract and are limited only by their respective order of
precedence and any limitations specified.
8. RESERVED
9. BID SPECIFICATIONS. Contractor certifies that any deviation from the specifications in the scope
of work, incorporated herein as part of Attachment AA, have been clearly indicated by Contractor in its
response, incorporated herein as Attachment CC; otherwise, it will be considered that the bid is in strict
compliance. Any BRAND NAMES or manufacturers' numbers are stated in the specifications are
intended to establish a standard only and are not restrictive unless the Solicitation states "no substitute,"
and unless so stated, bids have been considered on other makes, models or brands having comparable
quality, style, workmanship and performance characteristics. Alternate bids offering lower quality or
inferior performance have not been considered.
10. RESERVED
11. CONSIDERATION. The parties agree that Contractor will provide the services specified in paragraph
(5) at the cost for each service as set forth in the Contractor's Special Terms and Conditions (Attachment
AA). WSCA does not guarantee to purchase any amount under this Contract. Estimated quantities in the
Solicitation are for bidding purposes only and are not to be construed as a guarantee to purchase any
amount. If Contractor has quoted a cash discount based upon early payment; discounts offered for less
than thirty (30) days have not been considered in making the award. The date from which early
payment discount time is calculated shall be the date a correct invoice is received or receipt of shipment,
whichever is later; except that if testing is performed, the date shall be the date of acceptance of the
merchandise. Neither WSCA nor the Lead State is liable for any costs incurred by the bidder in proposal
preparation.
12. PAYMENT. Payment is normally made within thirty (30) days following the date the entire order is
delivered or the date a correct invoice is received, whichever is later. After forty -five (45) days the
Contractor may assess overdue account charges up to a maximum rate of one (1) percent per month on
the outstanding balance. Payments will be remitted by mail or payments may be made via a Buyer's
"Purchasing Card."
13. TAXES. Prices shall be exclusive of state sales and federal excise taxes. Where a Participating
State or Participating Entity is not exempt from sales taxes on sales within its state, the Contractor shall
add the sales taxes on the billing invoice as a separate entry. Contractor agrees to be responsible for
payment of any government obligations relating to Contract performance that are owed to Lead State or a
Participating Entity that are not paid by Contractor's subcontractors during performance of this Contract.
The Lead State Nevada may set -off against consideration due any delinquent government obligation in
accordance with applicable law, including, but not limited to NRS 353C.190.
(a) Taxes Not Included. Contractor's rates and charges for Products and Services do not include taxes.
Customer will pay all taxes, including, but not limited to, sales, use, gross receipts, excise, VAT,
property, transaction, or other local, state, or national taxes or charges imposed on, or based upon, the
provision, sale or use of Products or Services. Additional information on the taxes, fees, charges, and
surcharges collected by Contractor is posted on the Rates and Conditions Website
( http:// www. sprint.com /ratesandeoiiditioiis).
(b) Withholding Taxes. Notwithstanding any other provision of this Agreement, if a jurisdiction in
which Customer conducts business requires Customer to deduct or withhold separate taxes from any
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amount due to Contractor, Customer must notify Contractor in writing. Contractor will then increase the
gross amount of Customer's invoice so that, after Customer's deduction or withholding for taxes, the net
amount paid to Contractor will not be less than the amount Contractor would have received without the
required deduction or withholding.
(c) Tax Exemptions and Exclusions. Contractor will recognize and honor all validly and properly issued
and executed tax exemption certificates delivered by Customer and statutory exemptions and will not
bill Customer for any such exempted taxes. Customer will not be responsible for payment of
Contractor's direct income and employment taxes.
14. FINANCIAL OBLIGATIONS OF PARTICIPATING STATES. Financial obligations of
Participating States are limited to the orders placed by the departments or other state agencies and
institutions having available funds. Unless otherwise provided by state law or in a Participating
Addendum, States incur no financial obligations on behalf of political subdivisions that are Participating
Entities under this Contract. Unless otherwise specified in the Solicitation or the Participating
Addendum, the resulting award(s) will be permissive.
15. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all
acknowledgments, shipping labels, packing slips, invoices, and on all correspondence.
16. REPORTS, WSCA ADMINISTRATIVE FEE. As more fully described in the Solicitation and
Response and in accordance with the Contractor's Special Terms and Conditions (Attachment AA), the
Contractor shall submit quarterly reports to the WSCA Contract Administrator showing the quantities and
dollar volume of purchases by each Participating Entity. This information will be utilized in computing and
verifying the administrative fee payable to WSCA. Contractor shall pay an administrative fee of 1 /10th of
1% (one -tenth of one percent) of the total wireless spend to WSCA.
17. DELIVERY. The prices bid shall be the delivered price to any Buyer. All deliveries shall be
F.O.B. destination with all transportation and handling charges paid by the Contractor. Responsibility
and liability for loss or damage shall remain with the Contractor until final inspection and acceptance,
when responsibility shall pass to the Buyer except as to latent defects, fraud and Contractor's warranty
obligations. The minimum shipment amount will be found in Attachment CC. Any order for less than
the specified amount is to be shipped with the freight prepaid and added as a separate item on the
invoice. Any portion of an order to be shipped without transportation charges that is back - ordered shall
be shipped without charge.
18. HAZARDOUS CHEMICAL INFORMATION. The Contractor will provide one set of the
appropriate material safety data sheet(s) and container label(s) upon delivery of a hazardous material to
any Buyer. All safety data sheets and labels will be in accordance with each Participating State's
requirements.
19. INSPECTIONS. Goods furnished under this Contract shall be subject to inspection and test by the
Buyer at times and places determined by the Buyer. If the Buyer finds goods furnished to be incomplete
or in non - compliance with bid specifications, the Buyer may reject the goods and require Contractor to
correct them without charge. If Contractor is unable or refuses to correct such goods within a time
deemed reasonable by the Buyer, the Buyer may cancel the order in whole or in part.
20. INSPECTION & AUDIT.
a. Books and Records. The Contractor will maintain, or supervise the maintenance of all records
necessary to properly account for the payments made to the Contractor for costs authorized by this
contract. Contractor agrees to keep and maintain under generally accepted accounting principles (GAAP)
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full, true and complete records, contracts, books, and documents as are necessary to fully disclose to
WSCA, the State or United States Government, or their authorized representatives, upon audits or reviews,
sufficient information to determine compliance with all state and federal regulations and statutes.
b. Inspection & Audit. Contractor agrees that the relevant books, records (written, electronic,
computer related or otherwise), including, without limitation, relevant accounting procedures and practices
of Contractor or its subcontractors, financial statements and supporting documentation, and documentation
related to the work product shall be subject, during Contractor's normal business hours, to inspection,
examination, review, audit, and copying at any office or location of Contractor where such records may be
found, upon reasonable prior written notice, by the following entities, (at such entities' sole cost and
expense): WSCA; the United States Government; the State Auditor or its contracted examiners, the
Department of Administration, Budget Division, the Nevada State Attorney General's Office or its Fraud
Control Units, the State Legislative Auditor, and with regard to any federal funding, the relevant federal
agency, the Comptroller General, the General Accounting Office, the Office of the Inspector General, or
any of their authorized representatives, and the authorized equivalent agencies of a Participating State or
Participating Entity ( collectively the "Auditing Authorities. "). All subcontracts shall reflect requirements
of this paragraph. Due to the highly sensitive and proprietary nature of Contractor's records, any third
party auditor action on behalf of one or more of the Auditing Authorities shall be subject to prior approval
by Contractor, and the third party auditor may be required at Contractor's sole discretion to execute the
Contactor's standard non - disclosure agreement prior to examining, inspecting, copying or auditing
Contractor's records. Such non - disclosure agreement shall not prohibit disclosure to or the Auditing
Authorities or discussion between the third party auditor and the Auditing Authorities for the purpose of
complying with section. Records available for audit shall be limited to records for the period of time since
the auditing entity last performed an audit of that type of records. An audit by or on behalf of WSCA does
not preclude a Participating Entity from performing its own audit.
c. Period of Retention. All books, records, reports, and statements relevant to this contract must be
retained a minimum four (4) years after the contract terminates or until all audits initiated within the four
(4) years have been completed, whichever is later, and for five (5) years if Contractor has received prior
written notice that any federal funds are used in the contract. The retention period runs from the date of
payment for the relevant goods or services by the State, or from the date of termination of the Contract,
whichever is later. Retention time shall be extended when Contractor has been provided prior written
notice that an audit is scheduled or is in progress, for a period reasonably necessary to complete an audit
and /or to complete any administrative and judicial litigation which may ensue.
21. CONTRACT TERMINATION; REMEDIES. Any of the following events shall constitute cause to
declare a default of the contract: (1) nonperformance of contractual requirements; and /or (2) a material
breach of any term or condition of this contract. The non - defaulting party shall issue a written notice of
default providing a period in which the defaulting party shall have an opportunity to cure. The
defaulting party shall be allowed thirty (30) calendar days to cure a default before this Contract is
terminated for default, unless the default poses a substantial risk to human health or safety, in which
case a commercially reasonable shorter cure period may be set by the non - defaulting party (which shall
be no less than five (5) business days). In the event the default poses an imminent and substantial risk to
human health or safety, the non - defaulting party may suspend use or operation of the products and
services before the time for cure has expired. Time allowed for cure shall not diminish or eliminate the
defaulting party's liability for damages. If the default remains, after the defaulting party has been
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provided the opportunity to cure, the non - defaulting party may do one or more of the following: (1)
exercise any remedy provided by law or by the terms of this Contract; (2) terminate this contract and
any related contracts or portions thereof; and /or (3) WSCA may suspend Contractor from receiving
future bid solicitations.
22. REMEDIES NOT EXCLUSIVE. Except as otherwise provided for by law or this Contract, the rights
and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies
provided by law or equity, including, without limitation, actual damages, and to a prevailing party reason-
able attorneys' fees and costs. It is specifically agreed that reasonable attorneys' fees shall include without
limitation $125 per hour for attorneys employed by the Lead State. The Lead State and any Participating
State may set off consideration against any unpaid obligation of Contractor to that State or any of its
departments, agencies or political subdivisions, to the extent allowed by Iaw, including, for the Lead State,
a setoff in accordance with NRS 353C.190.
23. LIMITED LIABILITY. Nevada will not waive and intends to assert available NRS chapter 41
liability limitations in all cases. Contract liability of both parties shall not be subject to punitive
damages. Liquidated damages shall not apply. Damages for any breach by the Lead State shall never
exceed the amount of funds appropriated for payment by the Lead State or any of its agencies pursuant
to a Participating Addendum entered into by the Lead State under this contract, but not yet paid to
Contractor, for the fiscal year budget in existence at the time of the breach. Damages for any Contractor
breach shall not exceed 125% of the contract maximum "not to exceed" value between Contractor and
the applicable individual Buyer; provided, however, that if no "not to exceed" value is specified then
Contractor's maximum liability shall be one million dollars ($1,000,000). Contractor's tort liability
shall not be limited, except for the following limitations, which limitations shall apply to any claims or
causes of action, whether based on contract, in tort, or based on any other legal theory:
i. For any claims whatsoever arising from or related to service disruption, regardless of the causes Alft
( "Service Disruption "), Contractor's sole liability is limited to a credit allowance equal to the
proportionate charge to the Buyer for the period of the Service Disruption. Service Disruptions do not
include unavailability of the Service during periods of scheduled or unscheduled network maintenance.
ii. In no event is Contractor liable for any consequential, special, incidental, indirect, exemplary or
punitive damages, nor for lost profits, loss of business, loss of data, loss of use, or lost savings or
increased cost of operations, sustained by WSCA, a Participating Entity, a Buyer or any other end user
in connection with this Contract.
24. FORCE MAJEURE. Neither party to this Contract shall be deemed to be in violation of this Contract
if it is prevented from performing any of its obligations hereunder due to strikes, failure of public
transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God,
including, without limitation, earthquakes, floods, winds, or storms. In such an event the intervening cause
must not be through the fault of the party asserting such an excuse, and the excused party is obligated to
promptly perform in accordance with the terms of the Contract after the intervening cause ceases.
25. INDEMNIFICATION.
25.1 Contractor's Obligations to WSCA. To the fullest extent permitted by law, Contractor
shall indemnify and defend, not excluding the Lead State's right to participate, the Lead State and /or WSCA
from and against all third party claims for damages, losses, and expenses, including, without limitation,
reasonable attorneys' fees and costs, relating to personal injury, death or damage to tangible personal
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property that resulted from the negligence or willful misconduct of Contractor, its officers, employees and
authorized agents.
25.2 Contractor's Obligations to Participating Entities (excluding authorized non - profit entities).
The Contractor shall indemnify and defend Participating Entities and their officers, agencies and
employees, from and against all third party claims for damages, losses and expenses, including reasonable
attorney's fees, relating to personal injury, death or damage to tangible personal property that resulted from
the negligence or willful misconduct of the Contractor, its officers, employees and authorized agents.
Notwithstanding anything in this Contract to the contrary, Contractor's indemnification obligations with
respect to Participating Entities that are authorized non - profit entities (and such Participating Entities
indemnification obligations with respect to Sprint) shall be as set forth in Section 11 of Attachment AA.
25.3 Exception. Contractor will not be liable for damages that are the result of negligence or
willful misconduct by WSCA, the Participating Entities, and /or their respective employees, officers,
agencies and authorized agents.
26. INSURANCE SCHEDULE. Unless expressly waived in writing by the Lead State or Participating
States, Contractor, as an independent contractor and not an employee of the Lead State or Participating
States, must carry policies of insurance in amounts specified in this Insurance Schedule and /or any
Insurance Schedule agreed by Contractor and a Participating State via a participating addendum, and pay
all taxes and fees incident hereunto. The Lead State and Participating States shall have no liability except
as specifically provided in the Contract. The Contractor shall not commence work before:
1) Contractor has provided the required evidence of insurance to the Lead State.
The Lead State's approval of any changes to insurance coverage during the course of performance shall
constitute an ongoing condition subsequent to this Contract. Any failure of the Lead State to timely
approve shall not constitute a waiver of the condition.
Unless different or additional insurance is required pursuant to the terms of a Participating Addendum,
Contractor agrees that the following insurance coverages and policy limits shall also apply to, and operate
for the benefit of, each Participating Entity that participates in this Contract pursuant to a Participating
Addendum.
Insurance Coverage: The Contractor shall, at the Contractor's sole expense, procure, maintain and
keep in force for the duration of the Contract the following insurance conforming to the minimum
requirements specified below. Unless specifically stated herein or otherwise agreed to by the Lead
State, the required insurance shall be in effect prior to the commencement of work by the Contractor and
shall continue in force as appropriate until the latter of:
1. Final acceptance by the Lead State of the completion of this Contract; or
2. Such time as the insurance is no longer required by the Lead State under the terms of this Contract.
Any insurance or self - insurance available to the Lead State shall be excess of and non - contributing with
any insurance required from Contractor. Contractor's insurance policies shall apply on a primary basis.
Until such time as the insurance is no longer required by the Lead State, Contractor shall provide the Lead
State with renewal or replacement evidence of insurance before the expiration or replacement of the
required insurance. If at any time during the period when insurance is required by the Contract, an insurer
or surety shall fail to comply with the requirements of this Contract, as soon as Contractor has knowledge
of any such failure, Contractor shall immediately notify the State and immediately replace such insurance
or bond with an insurer meeting the requirements.
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Workers' Compensation and Em lover's Liabilitv Insurance
contractor shall provide proot of worker's compensation insurance.
2) Employer's Liability insurance with a minimum limit of $500,000 each employee per
accident for bodily injury by accident or disease.
Commercial General Liabilitv Insurance
1) Minimum Limits required:
$2,000,000.00 General Aggregate
$1,000,000.00 Products & Completed Operations Aggregate
$1,000.000.00 Personal and Advertising Injury
$1,000,000.00 Each Occurrence
2) Coverage shall be on an occurrence basis and shall be at least as broad as ISO 1996 form CG 00
01 (or a substitute form providing equivalent coverage); and shall cover liability arising from
premises, operations, independent contractors, completed operations, personal injury, products,
civil lawsuits and liability assumed under an insured contract (including the tort liability of
another assumed in a business contract).
Business Automobile Liability Insurance
1) Minimum Limit required: $Waived Each Occurrence for bodily injury and property damage.
�l) Coverage shall be for "any auto" (including owned, non -owned and hired vehicles).
The policy shall be written on ISO form CA 00 01 or a substitute providing equivalent liability
coverage. if necessary, the policy shall be endorsed to provide contractual liability coverage.
Professional Liability Insurance A"
TT—Minimum Limit required: $ Waived Each Claim
2) Retroactive date: Prior to commencement of the performance of the contract
3) Discovery period: Three (3) years after termination date of contract.
4) A certified copy of this policy may be required.
Umbrella or Excess Liability Insurance
1) May be used to achieve the above minimum liability limits.
2) Shall be endorsed to state it is "As Broad as Primary Policy"
Commercial Crime Insurance
Minimum Limit required: $Waived Per Loss for Employee Dishonesty
This insurance shall be underwritten on a blanket form amending the definition of "employee" to
include all employees of the Vendor regardless of position or category.
General Requirements:
a. RESERVED
b. Waiver of Subrogation: Each liability insurance policy shall provide for a waiver of subrogation as
to additional insureds.
c. Cross - Liability: All required liability policies shall provide cross - liability coverage as would be
achieve under the standard ISO. separation of insureds clause.
d. Deductibles and Self- Insured Retentions: Insurance maintained by Contractor may contain
deductibles or self - insured retentions. Such deductibles or self - insured retentions shall not relieve
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Contractor from the obligation to pay any loss or claim for which the Contractor is responsible under
this Contract.
e. Policy Cancellation: Except for ten (10) days notice for non - payment of premium, each insurance
policy shall be endorsed to state that; without thirty (30) days prior written notice to the Lead
State, the policy shall not be canceled. Insurer shall provide notice of cancellation via mail to
Certificate Holders.
f. Approved Insurer: Each insurance policy shall be:
1) Issued by insurance companies authorized to do business in the Lead State and Participating
States or eligible surplus lines insurers acceptable to the Lead State and Participating States and
having agents upon whom service of process may be made, and
2) Currently rated by A.M. Best as "A- VII" or better.
Evidence of Insurance:
Prior to the start of any Work, Contractor must provide the following documents to the Lead State:
1) Certificate of Insurance: The Acord 25 Certificate of Insurance form or a form substantially
similar must be submitted to the State to evidence the insurance policies and coverages required of
Contractor.
2) Schedule of Underlying Insurance Policies: If Umbrella or Excess policy is evidenced to comply
with minimum limits, a copy of the Underlyer Schedule from the Umbrella or Excess insurance policy
may be required.
Review and Approval: Documents specified above must be submitted for review and approval by the
Lead State prior to the commencement of work by Contractor. Neither approval by the Lead State nor
failure to disapprove the insurance furnished by Contractor shall relieve Contractor of Contractor's
full responsibility to provide the insurance required by this Contract. Compliance with the insurance
requirements of this Contract shall not limit the liability of Contractor or its sub - contractors,
employees or agents to the Lead State or others, and shall be in addition to and not in lieu of any other
remedy available to the Lead State or Participating States under this Contract or otherwise. The Lead
State reserves the right to request and review a copy of any required insurance policy or endorsement
to assure compliance with these requirements.
Mail all insurance documents required by this Contract to the Lead State identified on page one of
the Contract. Additional insurance obligations may be imposed in Participating Addenda
executed by Contractor and eligible Participating Entities. Any additional or different insurance
documents required by a Participating Addendum shall be provided to the Participating Entity.
27. COMPLIANCE WITH LEGAL OBLIGATIONS. Any and all supplies, services and equipment bid
and furnished shall comply fully with all applicable Federal and State laws and regulations. Contractor
shall procure and maintain for the duration of this Contract any state, county, city or federal license,
authorization, waiver, permit, qualification or certification required by statute, ordinance, law, or
regulation to be held by Contractor to provide the goods or services required by this Contract.
28. WAIVER OF BREACH. Failure to declare a breach or the actual waiver of any particular breach of
the Contract or its material or nonmaterial terms by either party shall not operate as a waiver by such party
of any of its rights or remedies as to any other breach.
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29. SEVERABILITY. If any provision of this Contract is declared by a court to be illegal or in conflict
with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as if the Contract did not contain the particular
provision held to be invalid.
30. ASSIGNMENT /DELEGATION. To the extent that any assignment of any right under this Contract
changes the duty of either party, increases the burden or risk involved, impairs the chances of obtaining the
performance of this Contract, attempts to operate as a novation, or includes a waiver or abrogation of any
defense to payment by WSCA, the Lead State, or a Participating Entity, such offending portion of the
assignment shall be void, and shall be a breach of this Contract. Neither party shall assign, sell, transfer,
subcontract or sublet rights, or delegate responsibilities under this Contract, in whole or in part, without
the prior written approval of the other party, which consent shall not be unreasonably withheld,
conditioned or delayed.
31. OWNERSHIP OF PROPRIETARY INFORMATION. Any reports, customized computer code or
other documents of any kind which are intended to be consideration under the Contract, and prepared or in
the course of preparation by Contractor (or its subcontractors) specifically for WSCA in performance of its
obligations under this Contract shall be the exclusive property of WSCA and all such materials shall be
delivered into WSCA possession by Contractor upon completion, termination, or cancellation of this
Contract. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose
other than performance of Contractor's obligations under this Contract without the prior written consent of
WSCA. Unless otherwise specifically stated in this Contract, WSCA shall have no proprietary interest in
any pre - existing works or materials, or in any materials licensed to WSCA for use that are subject to
patent, trademark or copyright protection. WSCA acknowledges that Contractor sells identical Products
and Services to other customers of Contractor, and WSCA agrees that all intellectual property rights in
the Products and Services are retained by Contractor and /or Contractor's suppliers. Contractor is not
precluded from developing for itself or for others, products, services or materials that are competitive with
or similar to or derived from the Products and Services provided under this Contract, and Contractor shall
be free to use its general knowledge skills and experience and any ideas, concepts, know -how and
techniques within the scope of its business practices that are used in the course of providing the Products
and services to WSCA or any Participating Entity. All materials required to be delivered to WSCA under
this paragraph shall be delivered to the Lead State.
32. PATENTS, COPYRIGHTS, ETC. The Contractor shall release, indemnify and hold WSCA, the
Lead State, and Participating States and their officers, agents and employees harmless from liability
against third party claims that any of the Products or Services as provided by Contractor under this
Contract infringe or violate any copyright, patent, tradename, trademark, trade secret, or other
intellectual property rights. WSCA acknowledges and agrees that in connection with Sprint's indemnity
obligations to WSCA for Products, Sprint may rely upon the indemnity being provided to Sprint by
Sprint's third party suppliers for such Products. WSCA agrees to reasonably cooperate with Sprint and
Sprint's third party suppliers in connection with the defense of the third party claims included in the
indemnity obligations under this Agreement.
Contractor's obligations under this section will not apply to the extent that the infringement or violation is
caused by (i) functional or other specifications that were provided by or requested by Customer; or (ii)
Customer's continued use of infringing Products or Services after Contractor provides reasonable notice to
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6/26/2012 Item 16.E.1.
Customer of the infringement. For any third party claim that Contractor receives, or to minimize the
potential for a claim, Contractor may, at its option and expense, either: (A) procure the right for Customer
to continue using the Products or Services; (B) replace or modify the Products or Services with comparable
Products or Services; or (C) terminate the Products or Services. The provisions of this Section state the
entire liability and obligations of Contractor and any of its affiliates or licensors, and the exclusive remedy
of State, with respect to any actual or alleged infringement in whole or in part, of any patent, copyright,
trade secret, trademark or other intellectual property right by the Products or Services.
33. PUBLIC RECORDS. Pursuant to NRS 239.010, information or documents received from Contractor
may be open to public inspection and copying. The State will have the duty to disclose unless a particular
record is made confidential by law or a common law balancing of interests. Contractor may label specific
parts of an individual document as a "trade secret" or "confidential" in accordance with NRS 333.333,
provided that Contractor thereby agrees to indemnify and defend the State for honoring such a designation.
The failure to so label any document that is released by the State shall constitute a complete waiver of any
and all claims for damages caused by any release of the records. Information or documents provided in
connection with a Participating Addendum shall be governed by the public records laws and practices of
the Participating State or Participating Entity.
34, CONFIDENTIALITY. Contractor shall keep confidential all information, in whatever form, produced,
prepared, observed or received by Contractor to the extent that such information is confidential by law or
otherwise designated in writing as such. The foregoing restrictions on use and disclosure of confidential
information do not apply to information that: (a) is in the possession of Contractor at the time of its
disclosure and is not otherwise subject to obligations of confidentiality; (b) is or becomes publicly known,
through no wrongful act or omission of the Contractor; (c) is received without restriction from a third party
free to disclose it without obligation to the disclosing party; (d) is developed independently by the
Contractor without reference to the confidential information; or (e) is required to be disclosed by law,
regulation, or court or government order.
35. NONDISCRIMINATION. Contractor agrees to abide by the provisions of Title VI and Title VII of
the Civil Rights Act of 1964 (42 USC 2000e), which prohibit discrimination against any employee or
applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color,
or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which
prohibits discrimination on basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age,
and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which
prohibits discrimination on the basis of disabilities. Contractor further agrees to furnish information and
reports to requesting Participating Entities, upon request, for the purpose of determining compliance
with these statutes. Contractor agrees to comply with each individual Participating State's certification
requirements, if any, as stated in the special terms and conditions. This Contract may be canceled if the
Contractor fails to comply with the provisions of these laws and regulations. Contractor must include
this provision in every subcontract relating to purchases by the States to insure that subcontractors and
vendors are bound by this provision.
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36. FEDERAL FUNDING. In the event federal funds are used for payment of all or part of this Contract:
a. Contractor certifies, by signing this Contract, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any federal department or agency. This certification is made pursuant to the
regulations implementing Executive Order 12549, Debarment and Suspension, 28 C.F.R. pt. 67, §
67.510, as published as pt. VII of the May 26, 1988, Federal Register (pp. 19160 - 19211), and any
relevant program- specific regulations. This provision shall be required of every subcontractor receiving
any payment in whole or in part from federal funds.
b. Contractor and its subcontractors shall comply with all terms, conditions, and requirements of the
Americans with Disabilities Act of 1990 (P.L. 101 -136), 42 U.S.C. 12101, as amended, and regulations
adopted thereunder contained in 28 C.F.R. 26.101- 36.999, inclusive, and any relevant program - specific
regulations.
c. Contractor and its subcontractors shall comply with the requirements of the Civil Rights Act of 1964,
as amended, the Rehabilitation Act of 1973, P.L. 93 -112, as amended, and any relevant program - specific
regulations, and shall not discriminate against any employee or offeror for employment because of race,
national origin, creed, color, sex, religion, age, disability or handicap condition (including AIDS and
AIDS- related conditions.)
37. LOBBYING. The parties agree, whether expressly prohibited by federal law, or otherwise, that no
funding associated with this Contract will be used for any purpose associated with or related to lobbying or
influencing or attempting to lobby or influence for any purpose the following:
a. Any federal, state, county or local agency, legislature, commission, council or board;
b. Any federal, state, county or local legislator, commission member, council member, board member, or
other elected official; or
c. Any officer or employee of any federal, state, county or local agency; legislature, commission, council
or board.
38. NON - COLLUSION. Contractor certifies that this Contract and the underlying bid, have been
arrived at independently and have been without collusion with, and without any agreement,
understanding or planned common course of action with, any other vendor of materials, supplies,
equipment or services described in the invitation to bid, designed to limit independent bidding or
competition.
39. WARRANTIES.
a. General Warranty. Contractor will perform all Services in a good and workmanlike manner
consistent with accepted industry practice and in compliance with applicable laws and regulations. To
the maximum extent possible, Contractor will pass through to Buyer all warranties available to Sprint for
any Product(s) acquired hereunder.
b. Contractor does not manufacture Products and offers no warranty on any Products beyond the
manufacturer's warranty provided directly from the manufacturer to the Buyer upon receipt of the
Products. Except as, and then only to the extent, expressly provided in this Contract, Products and
Services are provided "as is." Contractor disclaims all express or implied warranties and in particular
disclaims all warranties of merchantability, fitness for a particular purpose, and warranties related to
equipment, material, services, or software.
40. CONFLICT OF INTEREST. Contractor certifies that it has not offered or given any gift or
compensation prohibited by the state laws of the Lead State or any WSCA Participating Entities to any
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officer or employee of WSCA, the Lead State, or Participating Entities to secure favorable treatment
with respect to being awarded this Contract.
41. INDEPENDENT CONTRACTOR. Contractor shall be an independent contractor, and as such shall
have no authorization, express or implied to bind WSCA, the Lead State, or any Participating Entity to
any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts
as agent for WSCA, the Lead State, or any Participating Entity, except as expressly set forth herein.
42. POLITICAL SUBDIVISION PARTICIPATION. Participation under this Contract by political
subdivisions (i.e., colleges, school districts, counties, cites, etc.,) of the WSCA Participating States shall
be voluntarily determined by the political subdivision. The Contractor agrees to supply the political
subdivisions based upon the same terms, conditions and prices set forth in this Contract and in the
applicable Participating Addendum.
43. PROPER AUTHORITY. The parties hereto represent and warrant that the person executing this
Contract on behalf of each party has full power and authority to enter into this Contract. Contractor
acknowledges that as required by statute or regulation this Contract is effective only after approval by
WSCA and only for the period of time specified in the Contract. Any services performed by Contractor
before this Contract is effective or after it ceases to be effective are performed at the sole risk of
Contractor. The Contractor certifies that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction (contract) by any governmental department or agency.
44. GOVERNING LAW; JURISDICTION. This Contract and the rights and obligations of the parties
hereto shall be governed and construed in accordance with the laws of the state of Nevada, without
giving effect to any principle of conflict -of -law that would require the application of the law of any other
jurisdiction. The parties consent to the exclusive jurisdiction of the First Judicial District Court, Carson
City, Nevada for enforcement of 'this Contract. The construction and effect of any Participating
Addendum or order against the Contract(s) shall be governed by and construed in accordance with the
laws of the Participating State or the laws of the State in which the applicable Participating Entity is
located if such entity is not a State. Venue for any claim, dispute or action concerning an order placed
against the Contract(s) or the effect of a Participating Addendum shall be in the Purchasing State or the
laws of the State in which the applicable Participating Entity is located if such entity is not a State.
45. SIGNATURES IN COUNTERPART. Contract may be signed in any number of counterparts, each of
which shall be an original, but all of which together shall constitute one in the same instrument.
46. ENTIRE CONTRACT AND MODIFICATION. This Contract and its integrated attachment(s)
constitute the entire agreement of the parties and such are intended as a complete and exclusive statement
of the promises, representations, negotiations, discussions, and other agreements that may have been made
in connection with the subject matter hereof. Unless an integrated attachment to this Contract specifically
displays a mutual intent to amend a particular part of this Contract, general conflicts in language between
any such attachment and this Contract shall be construed consistent with the terms of this contract. The
terms of this Contract shall not be waived, altered, modified, supplemented or amended in any manner
whatsoever without prior written approval of the WSCA Contract Administrator. A WSCA Member
State or another entity authorized to participate in this contact shall execute with the Contractor a
Participating Addendum consistent with this Contract.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed and intend to
be legally and thereby.
�2— Chief Sales Officer
Indepen eri Co tractor's Signature D to Independent's Contractor's Title
Paget L. Alves
APPROVED BY WSCA DIRECTORS
Greg Smith Administrator, State of Nevada
On
1
(Date)
Approved as to form by:
On
Deputy A(ttorney/Oencral for Attorney General (Date)
Sprint — Approved
as to Legal Form
KAC — 5 April 2012
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6/26/2012 Item 16.E.1.
WESTERN STATES CONTRACTING ALLIANuE
PARTICIPATING ADDENDUM
FOR Wireless Communication & Equipment
Between
The Collier County Government, in the State of Florida and Sprint Solutions, Inc.
(Name of Contractor)
This Participating Addendum will add the State of Florida, Collier County Government as a Participating entity to
purchase from the WSCA Price Agreement, Number MA 1907, with Sprint Solutions, Inc.
1. scope:
Unless otherwise defined. all capitalized terms in this Participating Addendum shall have the meanings ascribed to them in the Western
States Contracting Alliance, Wireless Communication Services and Equipment Master Price Agreement, # 1907 (the "WSCA Master
Agreement ").
The following are authorized Purchasing Entities under this Participating Addendum: Collier County Government, Naples, Florida
2. Changes: None
3. Lease Agreements: NONE
4. Primary Contact: Participating Entity's primary contact for this Participating Addendum is:
Name: Scott D. Johnson, Procurement Strategist
Address: 3327 Tamiami Trail East; Naples, FL 34112
Telephone: 239-252-8995
Fax: 239-252-6588
E -mail: ScottJohnsonCcolliergov.net
5. Subcontractors: The following subcontractor(s) are authorized to perform services: NONE.
6. Price Agreement Number: All Purchase Orders issued by Purchasing Entities within the jurisdiction of this Participating
Addendum shall include WSCA Master Agreement number: 1907
7. Purchase Orders: All Purchasing Entities issuing valid Purchase Orders will be bound by the terms and conditions of the
WSCA Master Agreement including, without limitation, the obligation to pay Contractor for Service and Equipment provided. The
parties acknowledge and agree that orders submitted to Contractor from a Purchasing Entity through the Purchasing Entity's Business
Procurement Card are authorized Purchase Orders under the WSCA Master Agreement.
8. Order of Precedence: The parties acknowledge and agree that:
(a) In the event of a conflict between the terms contained in the WSCA Master Agreement and this Participating Addendum,
the terms and conditions of this Participating Addendum will control as between Contractor and the Participating Entity; and
(b) This §8 specifically supercedes §5 of the WSCA Master Agreement
This Participating Addendum and the WSCA Master Agreement together with its exhibits, set forth the entire agreement between the
parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with
respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this
Participating Addendum and the WSCA Master Agreement, together with its exhibits, shall not be added to or incorporated into this
Participating Addendum or the WSCA Master Agreement and its exhibits, by any subsequent Purchase Order or otherwise, and any such
attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum
and the WSCA Master Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms.
IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.
Participating Entity:
By:
Name:
Title:
Date:
2010Mode1PA
Contractor:
By:
Name:
Title:
Date:
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6/26/2012 Item 16.E.1.
PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE
WIRELESS COMMUNICATION SERVICES AND EQUIPMENT
ALTERNATE CONTRACT SOURCE NO. 1523
AMENDMENT NO.4
THIS FOURTH AMENDMENT ( "Amendment") is entered into between the State of Florida, Department
of Management Services ( "Department" or "Customer ") and Sprint Solutions, Inc. ( "Sprint", "Sprint /Nextel" or
"Contractor") for Alternate Contract Source No. 1523 originally effective May 10, 2005 ( "Contract" or
"Participating Addendum ").
The Department and Sprint Solutions. Inc. hereby agree to amend the Participating Addendum as follows:
1. Amendment No. 1 executed by the Parties on October 2, 2007, Contract No. 1523 for the Western States
Contracting Alliance ( "WSCA ") replaced Master Price Agreement No. 12 -00115 for Sprint /Nextei Services.
2. Amendment No. 2 executed by the Parties on April 8, 2010 renewed the Contract for a period of twelve
(12) months, beginning April 12, 2010 and ending April 11, 2011.
3. Amendment No. 3 executed by the Parties on August 3, 2010 renewed the Contract for a period of thirteen
(13) months, beginning April 12, 2011 and ending May 10, 2012.
4. As articulated in the Contract, this Contract shall continue until the Department exercises its right to
terminate the State Term Contract bid under ITN No. 10 -725 -000 -W Wireless Voice Services ( "State Term
Contract ").
5. The Participating Addendum is renewed for a period of four (4) months, beginning May 11, 2012 and
ending September 10, 2012,
6. This Amendment is an integral part of and modifies the Participating Addendum. The terms used herein
which are defined or specified in the Participating Addendum shall have the meanings set forth in the
Participating Addendum. If there are any inconsistencies between the provisions of this Amendment and
the provisions of the Participating Addendum, the provisions of this Amendment shall control.
7. All terms and conditions in the Participating Addendum and its attachments not addressed by this
Amendment or previously amended remain in full force and effect.
8. This Amendment shall be effective upon full execution by both Parties.
TS LUTICINS,IN
Y' i
Title: Senior Vice President
(Sprint Ref. #BSG1202 -0860)
Departme %of Mana ement Services
State of ioa
By;
Title:
Date:
Sprint — Approved $ V�
as to Legal Form r3101111 P &CA
HRF D8 P!M
01 Agar 12
Date: S 12 7 / t2.
Approved as to form and legality by the Office of the General Counsel, Department of Management Services
Date: , .f
Packet Page -1542-
State of Nevada
Department of Administration
Purchasing Division
515 E. Musser Street, Suite 300
Carson City, NV 89701
SFK, 01 T9
„c 9
e ; er °
A'E VADP `•
State of Nevada
6/26/2012 Item 16.E.1.
Purchasing Division
as lead state for the Western States Contracting Alliance (WSCA)
Request for Proposal No: 1907
Brian Sandoval
Governor
Greg Smith
Administrator
For
WIRELESS VOICE SERVICE, WIRELESS BROADBAND SERVICE,
ACCESSORIES AND EQUIPMENT
Release Date: February 3, 2011
Deadline for Submission and Opening Date and Time: March 28, 2011 @ 2:00 PM
Refer to Section 8, RFP Timeline for the complete RFP schedule
Non - Mandatory Pre - Proposal Conference February 23, 2011 @ 1:00 p.m.
For additional information, please contact:
Teri Smith, Purchasing Officer
State of Nevada, Purchasing Division
515 E. Musser Street, Suite 300
Carson City, NV 89701
Phone: 775- 684 -0178
Email address: tlsmithturchasinc.state..nv.us
(TTY for Deaf and Hard of Hearing: 1- 800 - 326 -6868
Ask the relay agent to dial: 1- 775- 684- 0178N.)
Refer to Section 9 for instructions on submitting proposals
Wireless Services, Accessories and Equipment RFP No. 1907
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VENDOR INFORMATION SHEET FOR RFP NO: 1907
Vendor Must:
A) Provide all requested information in the space provided next to each numbered question. The
information provided in Sections V1 through V6 will be used for development of the contract;
B) Type or print responses; and
C) Include this Vendor Information Sheet in Tab III, State Documents of the Technical Proposal.
V 1 Firm Name
V2 I Street Address
V3 City, State, ZIP
V4 Tele hone . Number
Area Code: Number: Extension:
V5 Facsimile Number
Area Code: Number: I Extension:
V6 Toll Free Number
Area Code: Number: i Extension:
V8 Tele hone Number for Contact Person
[7—eaCode: Number: I Extension:
V9 Facsimile Number for Contact Person
Area Code: Number: I Extension:
V10
Name o Individual Authorized to Bind the Or anization
Name: I Title:
V11 Signature (Individual must be legally authorized to bind the vendor per NR S 333.337)
Signature: I Date:
Wireless Services, Accessories and Equipment RFP No. 1907 Page 2 of 52
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6/26/2012 Item 16.E.1.
TABLE OF CONTENTS
1. OVERVIEW OF PROJECT ................................................................................ ............................... 4
2. ACRONYMS/DEFINITIONS ............................................................................. ............................... 5
3. SCOPE OF WORK ...................................................................................:............ ............................... 9
4. COMPANY BACKGROUND AND REFERENCES ...................................... ............................... 18
5. COST ...................................................................................................................... .............................22
6. PAYMENT .......................................................................................................... ............................... 22
7. WRITTEN QUESTIONS AND ANSWERS .................................................... ............................... 23
8. RFP TIMELINE ................................................................................................. ............................... 23
9. PROPOSAL RESPONSE SUBMISSION REQUIREMENTS, FORMAT AND CONTENT ... 24
10. PROPOSAL EVALUATION AND AWARD PROCESS ............................. ............................... 32
11. TERMS AND CONDITIONS .......................................................................... ............................... 33
12. SUBMISSION CHECKLIST ........................................................................... ............................... 39
ATTACHMENTA ................................................................................................... ............................... 40
ATTACHMENTB1 ................................................................................................. ............................... 41
ATTACHMENTB2 ................................................................................................. ............................... 42
ATTACHMENTC ................................................................................................... ............................... 43
ATTACHMENTD ................................................................................................... ............................... 44
ATTACHMENTE ................................................................................................... ............................... 45
ATTACHMENTF ................................................................................................... ............................... 46
ATTACHMENTG .................................................................................................. ............................... 47
ATTACHMENTH .................................................................................................. ............................... 48
ATTACHMENTI .................................................................................................... ............................... 49
ATTACHMENTJ ................................................................................................... ............................... 50
ATTACHMENTK .................................................................................................. ............................... 51
ATTACHMENTL ................................................................................................... ............................... 52
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A Request for Proposal process is different from an Invitation to Bid. The State expects vendors to
propose creative, competitive solutions to the agency's stated problem or need, as specified below.
Vendors exceptions and /or assumptions should be clearly stated in Attachment BI (Technical
Proposal Certification of Compliance with Terms and Conditions of RFP) and Attachment B2 (Cost
Proposal Certification of Compliance with Terms and Conditions of RFP) and will be considered
during the evaluation process; however, vendors must be specific. Nonspecific exceptions or
assumptions may not be considered. The State reserves the right to limit the Scope of Work prior
to award, if deemed in the best interest of the State per NRS, §333.350(1).
Prospective vendors are advised to review Nevada's ethical standards requirements, including but
not limited to, NRS 281A and the Governor's Proclamation, which can be found on the Purchasing
Division's website ( httn: / /purchasinl!.state.nv.us).
1. OVERVIEW OF PROJECT
The State of Nevada, Purchasing Division, on behalf of the Western States Contracting Alliance
(WSCA) and other authorized users, is requesting proposals from responsible vendors to supply
wireless communication services, accessories and equipment. Services /equipment may include,
but are not necessarily limited to the following bands:
• Wireless Voice Service
• Wireless Broadband Service
• Accessories /Equipment/Devices
WSCA members and other entities utilizing the current wireless contract spend well in excess of
$2 billion per year on wireless services and equipment. This represents participation of 50 states
and their authorized local entities. Please see Attachment J of this RFP to view the list of currently
participating states. The purpose of this Request for Proposal (RFP) is to establish. contracts on a
competitive basis with qualified vendors to directly supply wireless communication services
including, but not limited to: the wireless transmission of voice, data and/or video content;
optional messaging, two -way radio, wireless internet access or other related communications;
and/or wireless data transmission services. Wireless communication equipment, accessories, and
devices are included, as well as the related maintenance and support services.
Each area of service will be evaluated separately by the Sourcing Team which is made up of
representatives from several participating states. The sourcing team members will score each
section independently of the others, and will make awards as in the best interest of the
participating WSCA/NASPO states. This contract may be awarded to multiple vendors, as in the
best interest of the State of Nevada and the participating WSCA/NASPO states. Vendors may
respond to any or all listed services.
1.1 GOALS AND OBJECTIVES
A key objective of this procurement is to obtain greater volume price discounts (reduce member
spend) by combining the volume of purchases from governmental entities within multiple states
with administrative savings that will result from the maintenance of a single, comprehensive
contract for each selected vendor. It is the expectation of the WSCA directors that the pricing
discounts provided under this procurement would be greater than the pricing discounts that any
one entity would be able to achieve as a standalone entity. Vendors should prepare their response
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2.
6/26/2012 Item 16.E.1.
in such a manner as to be competitive in a procurement of this nature. While the State reserves the
right to request a BAFO; there is no guarantee a BAFO will be requested in any or all of the
services /equipment bands.
The WSCA directors, or their designee, may authorize education, state and local governmental
entities throughout the nation use of the contracts subject to approval of the local state purchasing
director and local statutory provisions.
The contract term will be for a four (4) year period beginning November 1, 2012 through October
31, 2015, with the option to extend for an additional two (2) years beyond the initial contract term
at the discretion of the lead State or as determined in the best interest of the lead State and WSCA,
subject to mutual written acceptance. It is anticipated that this procurement will result in multiple
awards.
ACRONYMS/DEFINITIONS
For the purposes of this RFP, the following acronyms /definitions will be used:
Airtime Time spent communicating using a wireless device. The time is
tracked by service providers to determine billing charges. Usage
includes sending or receiving calls or other wireless transmissions.
Antenna A wire or set of wires used to send and receive radio waves.
Assumption An idea or belief that something will happen or occur without proof.
An idea or belief taken for granted without proof of occurrence.
Awarded Vendor The organization/individual that is awarded and has an approved
contract with the State of Nevada for the services identified in this
RFP.
Bluetooth A short range wireless technology.
Calling Plan A rate plan selected by subscribers when they start up wireless service,
usually consisting of a base rate for system access and a per- minute
rate for usage. Calling plans are designed to provide the most cost -
effective rates for different types and amounts of usage by the
subscriber.
Carriers Companies that operate wireless networks and sell use of those
networks.
CL Account Corporate Liable Accounts are validated accounts set up by a
participating entity for use by the entity.
Confidential Any information relating to the amount or source of any income,
Information profits, losses or expenditures of a person, including data relating to
cost or price submitted in support of a bid or proposal. The term does
not include the amount of a bid or proposal. Refer to NRS
§333.020(5)(b).
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Contract Approval The date the State of Nevada Board of Examiners officially approves
Date and accepts all contract language, terms and conditions as negotiated
between the State and the successful vendor.
Contract Award The date when vendors are notified that a contract has been
Date successfully negotiated, executed and is awaiting approval of the Board
of Examiners.
Contractor The company or organization that has an approved contract with the
State of Nevada for services identified in this RFP. The contractor has
full responsibility for coordinating and controlling all aspects of the
contract, including support to be provided by any subcontractor(s).
The contractor will be the sole point of contact with the State relative
to contract performance.
Coverage The geographic area within which a carrier provides service. The area
within which a device will complete transmission using that carriers
network or partner networks.
Customer Department, Division or Agency of the State of Nevada, participating
NASPO/WSCA states, and authorized local entities.
Division/Agency The Division/Agency requesting services as identified in this RFP.
Equipment Includes, but is not limited to all equipment or devices necessary to
utilize wireless services (e.g. handsets, handheld devices, wireless PC
cards, car kits, hands free kits, spare batteries, chargers, cases, belt
clips, etc.).
E -Rate The commonly used name for the Schools and Libraries Program of the
Universal Service Fund, which is administered by the Universal
Service Administrative Company under the direction of the Federal
Communications Commission.
Evaluation An independent committee comprised of a majority of State officers or
Committee employees established to evaluate and score proposals submitted in
response to the RFP pursuant to NRS §333.335.
Exception A formal objection taken to any statement/requirement identified
within the RFP.
FCC Federal Communications Commission responsible for regulating
telecommunications in the United States, including commercial and
private wireless spectrum management.
GSM' Global System for Mobile Communication.
IL Account Individual Liable Accounts are validated accounts in any employee
program set up by a participating entity.
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Key Personnel Vendor staff responsible for oversight of work during the life of the
contract.
LNP Local Number Portability. The ability of subscribers to switch local or
wireless carriers and still retain the same phone number.
LOI Letter of Intent - notification of the State's intent to award a contract to
a vendor, pending successful negotiations; all information remains
confidential until the issuance of the formal notice of award.
May Indicates something that is recommended but not mandatory. If the
vendor fails to provide recommended information, the State may, at its
sole option, ask the vendor to provide the information or evaluate the
proposal without the information.
Must Indicates a mandatory requirement. Failure to meet a mandatory
requirement may result in the rejection of a proposal as non - responsive.
NA Nevada Administrative Code — All applicable NAC documentation
may be reviewed via the intemet at: www.ie <,.state.liv.us.
NASPO National Association of State Procurement Officials.
NRS Nevada Revised Statutes - All applicable NRS documentation may be
reviewed via the internet at: l��A u- .les�.state.nv.us.
NOA Notice of Award - formal notification of the State's decision to award a
contract, pending Board of Examiners' approval of said contract, any
non - confidential information becomes available upon written request.
Off -Peak Periods of time during which carriers offer discounted airtime charges.
Each carrier designates its own off -peak hours, usually after normal
business hours during the week, and weekends.
Pacific Time (PT) Unless otherwise stated, all references to time in this RFP and any
subsequent contract are understood to be Pacific Time.
Peak Highest -usage period of the business day when a wireless system
carries the most usage traffic.
Proprietary Any trade secret or confidential business information that is contained
Information in a bid or proposal submitted on a particular contract. Refer to NRS
§333.020(5)(a).
Public Record All books and public records of a governmental entity, the contents of
which are not otherwise declared by law to be confidential (refer to
NRS §333.333 and NRS §600A.030(5)) must be open to inspection by
any person and may be fully copied or an abstract or memorandum
may be prepared from those public books and public records.
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RFP Request for Proposal - a written statement which sets forth the
requirements and specifications of a contract to be awarded by
competitive selection. Refer to NRS §333.020(7).
Roaming Using a wireless device outside of your service provider's own network
coverage area or specific local calling area.
Roaming Agreement Agreements between service providers to allow us of other carrier's
networks.
Shall Indicates a mandatory requirement. Failure to meet a mandatory
requirement may result in the rejection of a proposal as non - responsive.
Should Indicates something that is recommended but not mandatory. If the
vendor fails to provide recommended information, the State may, at its
sole option, ask the vendor to provide the information or evaluate the
proposal without the information.
Sourcing Team An independent committee comprised of a majority of State officers or
employees established to evaluate and score proposals submitted in
response to the RFP pursuant to NRS §333.335.
State The State of Nevada and any agency identified herein.
Subcontractor Third party, not directly employed by the contractor, who will provide
services identified in this RFP. This does not include third parties who
provide support or incidental services to the contractor.
Subscriber A using entity who contracts to receive and pay for wireless services.
Trade Secret Means information, including, without limitation, a formula, pattern,
compilation, program, device, method, technique, product, system,
process, design, prototype, procedure, computer programming
instruction or code that: derives independent economic value, actual or
potential, from not being generally known to, and not being readily
ascertainable by proper means by the public or any other person who
can obtain commercial or economic value from its disclosure or use;
and is the subject of efforts that are reasonable under the circumstances
to maintain its secrecy.
User Department, Division or Agency of the State of Nevada, participating
NASPO/WSCA states, and authorized local entities.
Vendor Organization/individual submitting a proposal in response to this RFP.
Voice Services Wireless voice transmission.
Will Indicates a mandatory requirement. Failure to meet a mandatory
requirement may result in the rejection of a proposal as non - responsive.
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Wireless Broadband Technology that provides high -speed wireless internet access and data
network access over a wide area.
Wireless Devices Equipment in which electromagnetic waves (rather than some form or
wire) carry signal over the entire communication path.
Wireless Spend The total dollar value spent on wireless services, data, equipment,
devices, support, taxes, fees and any and all other products and services
invoiced by a wireless carrier and paid by an end user including all IL
accounts.
WNCDT WSCA/NASPO Cooperative Development Team.
WSCA Western States Contracting Alliance. A cooperative group contracting
consortium. Membership consists of the principal procurement official
that heads the state central procurement organization, or designee for
that state, from the states of Alaska, Arizona, California, Colorado,
Hawaii, Idaho, Minnesota, Montana, Nevada, New Mexico, Oregon,
South Dakota, Utah, Washington and Wyoming.
SCOPE OF WORK
3.1 General Requirements
3.1.1 Vendors may choose to submit a proposal on any or all listed services and/or
equipment; each band of service and/or equipment proposed upon must be
submitted as a standalone proposal, i.e., a vendor that provides wireless voice
service, broadband service, and equipment must submit three separate proposals,
each clearly identifying compliance with each service band. A vendor proposing
upon accessories /equipment /devices would submit only one proposal for that
specific band of services. Each proposal will be evaluated individually as
submitted for the specific band of services.
3.1.2 Provide quality wireless voice services, wireless broadband services, equipment
and accessories at the lowest cost available in a timely and efficient manner.
3.1.3 Provide secure online access for each participating entity representative to manage
accounts and order services /accessories /equipment. Only the participating entity
representative shall be allowed to manage accounts and
service /equipment /accessory ordering. Vendor is responsible to keep the list of
participating entity representatives current.
3.1.4 Vendors must commit to participate in the Federal Communications Commission's
E- Rate discount program established under authority of the Federal
Telecommunications Commission Act of 1996. Participation in, and
implementation of this program will be provided without the addition of any
service or administration fee by the vendor. A statement of commitment is
required.
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3.1.5 Use of these contracts is permissive.
Administration of Contract(s)
The following requirements apply to all contracts awarded as a result of this solicitation,
regardless of whether a proposing vendor is awarded any one or all listed services and/or
equipment.
3.2.1 Meet with lead States' Purchasing Department representative on a semi - annual
basis
(once every six months) to evaluate and review:
• Pricing/rates relative to prevailing full market pricing /promotions /solicitations;
• Actual billed charges relative to prevailing available full market pricing;
• Adjustments to maintain the original discount offered to the then prevailing
available full market pricing; and
• Any other significant issue (service, billing or otherwise) that may need to be
addressed.
3.2.2 Complete the evaluation and review within twenty (20) business days. All
changes /reductions to current agreement pricing shall be formalized by an
Agreement Amendment to existing agreement. Agreement shall be retroactive to
the date of the review.
3.2.3 The Contractor(s) shall report contract utilization and pay an administrative fee of
1 /10th of 1% (one -tenth of one percent) of the total wireless spend to WSCA, paid
quarterly. The WSCA directors approved the level of the administration fee, and
the fee is not negotiable. The administrative fee is to be paid quarterly within 60
days of the end of the quarter (See Attachment G for Reporting Schedule). In
addition to the WSCA administrative fee, some WSCA and non -WSCA states may
require that a fee be paid directly to the state on purchases made by procuring
entities within that state. For all such requests, the fee level, payment method and
schedule for such reports and payments shall be incorporated in a Participating
Addendum that is made a part of the contracts. The Contractor(s) may adjust SES
pricing accordingly for purchases made by procuring agencies within the
jurisdiction of the state. Any such price adjustment shall not exceed the dollar
value of the additional fee. All such agreements shall have no affect whatsoever on
the WSCA fee or on the prices paid by the procuring agencies outside the
jurisdiction of the state requesting the additional fee.
3.2.4 Administration fee checks will be made payable to WSCA, 3643 Solutions Center,
Chicago, Il 60677 -3006, and sent in accordance with quarterly reports, Attachment
G. Contractor(s) will provide a report indicating the amounts rebated to each using
entity.
3.2.5 Unless otherwise prohibited by provision in a participating addendum, Contractor
may, at the sole discretion of the Contractor, offer discounted wireless services and
equipment, broadband services and equipment, or accessories to employees of
WSCA participating entities as Individual Liable (IL) accounts ( "employee
program "), within the jurisdiction of the entity completing the participating
addendum, with the understanding that the entity completing the participating
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addendum has no liability whatsoever concerning the equipment or for payment of
services. All such employees must be validated in order to participate in the
employee program, and that employees not so validated will not receive discounted
wireless services and equipment, broadband services and equipment, or accessories
under this agreement.
Each IL participating in the employee program must (a) enter into, and be
individually responsible for complying with a selected service agreement including,
without limitation, the corresponding obligations to comply with all of the terms
and conditions of the chosen plan, and to pay all charges incurred under the service
agreement; and (b) must follow the activation, validation, migration, upgrade and
related policies, procedures and processes established by Contractor from time to
time. Any wireless spend resulting from employee's purchasing under the
employee program of this contract will be subject to reporting requirements and to
the required WSCA administrative fee of one tenth (1/10) of one percent, and
report these sales as outlined in this RFP.
3.2.6 Maintain detailed records pertaining to the cost of services rendered and products
delivered for a period of three years from the date of acceptance of each purchase
order.
3.2.7 Make records subject to billing audits either before or after payment. Assist
participating entities with detail account information required by the participating
entity or auditor anytime during the contract period.
3.3 Reporting
The following requirements apply to all contracts awarded as a result of this solicitation,
regardless of whether a proposing vendor is awarded any one or all listed services and/or
equipment.
3.3.1 Reporting shall be provided in the format required by WSCA (Attachment G), with
hard copies available upon request.
3.3.2 The following usage reports shall be submitted for the respective quarter:
3.3.2.1 Usage and purchases under the contract.
3.3.2.2 Quarterly optimization report for each wireless/broadband service
subscriber and orders placed for accessories. The goal of the optimization
reports is to ensure that each subscriber is utilizing the most appropriate
plan. This includes identifying subscribers that may be consistently
incurring overage charges, and therefore should move to a more cost
effective plan or subscribers consistently under- utilizing a plan, and
therefore should move to a lower cost plan.
3.3.2.3 Voice, data, and combined voice /data related reports upon request.
3.3.3 Provide equipment sales report. A quarterly summary of equipment sold. Reports
are to be submitted to the lead State in the format required by WSCA (Attachment
G), with hard copies available upon request.
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3.3.4 Individual participating entities may request specific equipment sales summaries,
which shall be provided at no cost. Reports shall include report elements as seen in,,,v„
Attachment G.
3.3.5 Upon request, provide reporting elements and/or management reports related to
usage for services that are available and would optimize the participating entity's
ability to assess utilization and cost.
3.3.6 Be able to provide custom reports as may be requested by individual participating
entities. Describe in general, the level of sophistication and complexity, custom
usage report data that you can provide to the participating entities. Vendors should
provide a sample report with their proposal.
3.3.7 Upon request, provide subscribers with usage reports which include full itemization
of call details (such as the information on the Contractor's standard bill for
consumer accounts) to enable verification of usage including: (1) call date, call
number call length, call time, and (2) plan cost, per minute charges, overage cost,
additional features charges and other fees, etc.
3.4 Contract Management
The following requirements apply to all contracts awarded as a result of this solicitation,
regardless of whether a proposing vendor is awarded any one or all listed services and /or
equipment.
3.4.1 Assign a Contract Manager to manage the WSCA account, who shall be
responsible for:
3.4.1.1 The contract's overall performance requirements, ongoing unresolved
issues, overall customer service.
3.4.1.2 Providing any additional documentation necessary, as requested by the
State for performance audits conducted periodically to evaluate areas of
service required by this RFP (i.e. deliver, fill rate, variance reports,
customer representatives)
3.4.1.3 Meet with the lead State every six (6) months or as otherwise specified, to
maintain the partnership between the State and the Contractor. Meetings
may involve, but not be limited to:
• Contractor performance;
• Problem resolution;
• Mandatory and custom reports; and
• Improvement opportunities (i.e. cost savings opportunities, use of
enhanced service features, etc.
3.5 Voice Services and Support (Band 1)
3.5.1 Provide quality wireless voice services at the lowest cost available in a timely and
efficient manner.
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3.5.2 Establish and provide a set of "standard" plans for voice services.
3.5.3 Detail standard features such as voicemail, call waiting, call back and in -plan
minutes or megabytes included in the proposed services.
3.5.4 Activate service on new equipment within 72 hours of request or shipping.
3.5.5 Provide the following services at no extra charge. This list is not meant to be all
inclusive and vendors may, at their discretion, add other services.
3.5.5.1 Per line caller ID blocking;
3.5.5.2 Upgrades or downgrades to service plans as needed, with no limits;
3.5.5.3 Cancellation of service without early termination fees; and
3.5.5.4 Provide LNP with no penalty.
3.5.6 Provide information regarding coverage across the U.S.; include listing and total %
of coverage.
3.5.7 Define your statewide and national Voice Services coverage by each state.
3.5.8 Provide detailed in- network (no roaming) voice services coverage (including
available coverage maps) for States, with an overlay of counties and major
highways. Coverage maps must correspond to the basic no cost handsets provided
(i.e., the basic handset must be able to access the internetwork areas defined in the
coverage maps without incurring any roaming charges when calling within the
calling plan locations).
3.5.9 Provide detailed national in- network (no roaming) voice services coverage national
maps, with an overlay of states, counties and major highways. Coverage must
correspond to the basic no cost handsets provided (i.e., the basic handset must be
able to access the internetwork areas defined in the coverage maps without
incurring any roaming charges when calling within the calling plan locations).
3.5. 10 Provide updated coverage maps as described above upon request.
3.5.11 Notify each State's designated key contact at least five days in advance of any
planned service outages and /or scheduled maintenance. This notification must
include impacted coverage areas and an estimate of the outage timeframe.
3.5.12 Describe an ongoing process to improve coverage for areas that are having
inadequate or less than 50% coverage. Provide timeline of anticipated
improvements.
3.5.13 Identify all basic equipment provided as necessary for vendor's standard operation
within Contractor's wireless voice network for all subscribers (new activation or
regular contract term subscribers). This shall include, but may not be exclusive to,
voice handset, AC power charger /adapters and compatible hands -free accessory(s).
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3.5.14 Allow for a designated trial period for testing /evaluating equipment without
additional charges or fees. Designate the timeframe for the `trial period' and
procedures for implementing this policy. Olow
3.5.15 Indicate if Contractor is anticipating migration to new or different technology. If
so, identify the changes that subscribers shall anticipate proposed timeline and
plans to ensure a smooth transition to the new technology.
3.5.16 Describe repair /replacement procedures /processes in detail for the following
situations (including description of forms and information required):
3.5.16.1 Repair of equipment with new standard parts or parts of equal
performance to new parts;
3.5.16.2 Repair /replacement parts for all equipment covered under warranty;
3.5.16.3 Detail all situations where States may /will incur cost of
repairs /replacement for equipment, i.e., shipping, gross neglect of
equipment by subscriber, etc.;
3.5.16.4 Repairs for out of warranty equipment (i.e., discounted pricing for
repairs);
3.5.16.5 Repairs /replacements /loaner equipment in which replacement equipment
will be new or factory refurbished; and
3.5.16.6 Walk -in repairs at retail stores.
3.5.17 Enclose all warranty information with all equipment at the time of
delivery/shipment, and provide additional warranty information as requested by the
subscriber. AMW
3.5.18 Submit full listing of walk -in service /repair center locations in each respective
state, with qualified personnel to repair the equipment on site that will manage all
service and repairs under agreement.
3.5.19 Provide priority voice service to State employees with critical job duties that are
responsible for responding to disaster /emergency event.
3.5.20 Able to activate equipment and wireless voice service within 24 hours after request
in the event of a Sate disaster /emergency.
3.5.21 Detail procedures required applying for and initiating priority status service.
3.5.22 List all airtime or fees associated with priority service.
3.5.23 Describe whether you will be using partners or resellers for this contract. If so,
provide any necessary certification with response, and a list of recommended
resellers. Are users of this contract able to use your retail stores? If so, define the
process.
3.5.24 Define any value -add services as part of your offering in your response. This may
include, but not necessarily be limited to:
• Satellite capabilities;
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• Push -to -talk;
• Emergency services;
• Green initiatives; and
• Buyback programs.
3.5.25 Define how you will improve coverage to using entity offices
( buildings /facilities /sub - ground level offices, etc.) that experience inadequate
wireless voice service. Identify all basic equipment provided as necessary for your
standard operation within your wireless network. Provide in your cost proposal,
any hourly rates or other associated costs for on -site installations that may be
necessary.
Broadband Services and Support (Band 2)
3.6.1 Provide quality wireless broadband services at the lowest cost available in a timely
and efficient manner.
3.6.2 Establish and provide a set of "standard" plans for broadband services.
3.6.3 Define your statewide and national Broadband Services coverage by each state.
3.6.4 Provide detailed in- network (no roaming) data services coverage (including
available coverage maps) for States, with an overlay of counties and major
highways. Coverage maps must correspond to the basic no cost handsets provided
(i.e., the basic handset must be able to access the internetwork areas defined in the
coverage maps without incurring any roaming charges when calling within the
calling plan locations).
3.6.5 Provide detailed national in- network (no roaming) data services coverage national
maps, with an overlay of states, counties and major highways. Coverage must
correspond to the basic no cost handsets provided (i.e., the basic handset must be
able to access the internetwork areas defined in the coverage maps without
incurring any roaming charges when calling within the calling plan locations).
3.6.6 Provide updated coverage maps as described above upon request.
3.6.7 Notify each State's designated key contact at least five days in advance of any
planned service outages and/or scheduled maintenance. This notification must
include impacted coverage areas and an estimate of the outage timeframe.
3.6.8 Describe an ongoing process to improve coverage for areas that are having
inadequate or less than 50% coverage. Provide timeline of anticipated
improvements.
3.6.9 Identify all basic equipment provided as necessary for vendor's standard operation
within Contractor's wireless data network for all subscribers (new activation or
regular contract term subscribers). This shall include, but may not be exclusive to,
voice handset, AC power charger /adapters and compatible hands -free accessory(s).
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3.6.10 Allow for a designated trial period for testing /evaluating equipment without
additional charges or fees. Designate the timeframe for the `trial period' and
procedures for implementing this policy.
3.6.11 Indicate if Contractor is anticipating migration to new or different technology. If
so, identify the changes that subscribers shall anticipate proposed timeline and
plans to ensure a smooth transition to the new technology.
3.6.12 Describe repair /replacement procedures /processes in detail for the following
situations (including description of forms and information required):
3.6.12.1 Provide in detail, the length and terms of the warranty /maintenance and
service provided with piece of equipment/device /accessory;
3.6.12.2 Repair of equipment with new standard parts or parts of equal
performance to new parts;
3.6.12.3 Repair /replacement parts for all equipment covered under warranty;
3.6.12.4 Detail all situations where States may /will incur cost of
repairs /replacement for equipment, i.e., shipping, gross neglect of
equipment by subscriber, etc.;
3.6.12.5 Repairs for out of warranty equipment (i.e., discounted pricing for
repairs);
3.6.12.6 Repairs /replacements /loaner equipment in which replacement equipment
will be new or factory refurbished; and
3.6.12.7 Walk -in repairs at retail stores.
3.6.13 Enclose all warranty information with all equipment at the time of
delivery/shipment, and provide additional warranty information as requested by the
subscriber.
3.6.14 For each of equipment/device /accessory, submit a full listing of walk -in
service /repair center locations in each respective state, with qualified personnel to
repair the equipment on site that will manage all service and repairs under
agreement. Include contact name and phone number for each location.
3.6.15 Have the ability to provide wireless data services for any equipment that has
wireless voice service capability. List the equipment supported by your company
and the supporting wireless data services; include a brief description of all services.
3.6.16 Provide priority data service to State employees with critical job duties that are
responsible for responding to disaster /emergency event.
3.6.17 Able to activate equipment and wireless data service within 24 hours after request
in the event of a State disaster /emergency.
3.6.18 Detail procedures required applying for and initiating priority status service.
3.6.19 List all fees associated with priority service.
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6/26/2012 Item 16.E.1.
3.6.20 Have the ability to provide wireless data services that have wireless voice service
capability. List the equipment that is not supported by your company and the
supporting wireless data services; include a brief description of all services.
3.6.21 Describe whether you will be using partners or resellers for this contract. If so,
provide any necessary certification with response, and a list of recommended
resellers.
3.6.22 Define any value -add services as part of your offering in your response. This may
include, but not necessarily be limited to:
• Satellite capabilities;
• Emergency services;
• Green initiatives; and
• Buyback programs.
3.6.23 Define how you will improve coverage to using entity offices
(buildings /facilities /sub - ground level offices, etc.) that experience inadequate
wireless voice service. Identify all basic equipment provided as necessary for your
standard operation within your wireless network. Provide in your cost proposal,
any hourly rates or other associated costs for on -site installations that may be
necessary.
Accessories/Equipment/Devices (Band 3)
3.7.1 All accessories must be new, of current design and function, and unused.
Discontinued or used items will not be accepted.
3.7.2 In addition to the items specifically listed herein, purchasing entities will be
allowed to order from the successful vendor's regular product line for delivery
F.O.B. destination to any point within the using states. Provide with your response,
a link to your on -line catalog.
3.7.3 At vendor's expense, vendor shall arrange for pick up of products returned because
of quality problems, duplicated shipments, outdated products, etc., within five (5)
business days after notification with no restocking charge and replaced with
specified products or the using entity shall be credited or refunded for the full
purchase price. Standard stock products ordered in error by using entities must be
returned for credit within fifteen (15) days of receipt. Products must be in resalable
condition and in original container, unused.
3.7.4 Define distribution capabilities. Prices for all items associated with this contract
are to be F.O.B. destination to anywhere within the participating entities.
3.7.5 Define ARO (After Receipt of Order) lead times. The preferred delivery time is
not more than five (5) calendar days.
3.7.6 Provide detailed warranty information.
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6/26/2012 Item 16.E.1.
3.7.7 Provide in your cost proposal, pricing for OEM and Aftermarket (if available)
products. Products may include, but are not necessarily limited to: AW
• Cell phone antennas and signal boosters;
• Cell phone batteries;
• Cell phone chargers;
• Cell phone hands -free (not including Bluetooth);
• Cell phone kits (define what is included);
• Cell phone cases and covers;
• Cell phone data cables;
• Cell phone memory;
• ADA/Assistive cell phone devices and accessories;
• Cell phone replacement parts;
• Cell phone keyboards; and
• Bluetooth headsets and car kits (define what is included).
3.7.8 The participating entities reserve the right to request samples of items when
applicable.
COMPANY BACKGROUND AND REFERENCES
4.1 VENDOR INFORMATION
4.1.1 Vendors must provide a company profile in the table format below.
Question
Response
Com an name:
Ownership (sole proprietor, partnership, etc.):
State of incorporation:
Date of incorporation:
# of years in business:
List of top officers:
Location of company headquarters:
Location(s) of the company offices:
Location(s) of the office that will provide the
services described in this RFP:
Number of employees locally with the
expertise to support the requirements identified
in this RFP:
Number of employees nationally with the
expertise to support the requirements in this
RFP:
Location(s) from which employees will be
assigned for this project:
4.1.2 Please be advised, pursuant to NRS §80.010, companies organized or incorporated
under the laws of another state, territory, District of Columbia, or foreign country
must register with the State of Nevada, Secretary of State's Office as a foreign
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corporation before a contract can be executed between the State of Nevada and the
awarded vendor, unless specifically exempted by NRS §80.015.
4.1.3 The selected vendor, prior to doing business in the State of Nevada, must be
appropriately licensed by the State of Nevada, Secretary of State's Office pursuant
to NRS §76. Information regarding the Nevada Business License can be located at
http:/ /sos.state.nv.us.
Question Response
Nevada Business License Number:
Legal Entity Name:
Is "Legal Entity Name" the same name as vendor is doing business as?
Yes No
If "No ", provide explanation.
4.1.4 Vendors are cautioned that some services may contain licensing requirement(s). It
is the vendor's responsibility to verify these requirements prior to proposal
submittal. Proposals that do not contain the requisite licensure may be deemed
non - responsive.
4.1.5 Has the vendor ever been engaged under contract by any State of Nevada agency?
Yes No
If "Yes ", complete the following table for each State agency for whom the work
was performed. Table can be duplicated for each contract being identified.
Question
Response
Name of State agency:
State agency contact name:
Dates when services were
performed:
Type of duties performed:
Total dollar value of the contract:
4.1.6 Is the vendor or any of the vendor's employees employed by the State of Nevada,
any of its political subdivisions or by any other government?
Yes No
If "Yes ", is the employee planning to render services while on annual leave,
compensatory time, sick leave, or on his own time?
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4.1.7 Disclosure of all alleged prior or ongoing contract failures, contract breaches, any
civil or criminal litigation or investigation pending which involves the vendor or in
which the vendor has been judged guilty or liable within the past six (6) years.
Yes No
If "Yes ", please provide the following information. Table can be duplicated for
each issue being identified.
Question
Response
Date of alleged contract failure or
breach:
Parties involved:
Description of the contract
failure, contract breach, litigation,
or investigation, including the
products or services involved:
Amount in controversy:
Resolution or current status of the
-dispute:
If the matter has resulted in a
court case:
Court
Case Number
Status of the litigation:
4.1.8 Company background/history and why vendor is qualified to provide the services
described in this RFP.
4.1.9 Length of time vendor has been providing services described in this RFP to the
public and/or private sector. Please provide a brief description.
4.1.10 Financial information and documentation to be included in Part III, Confidential
Financial of vendor's response in accordance with Section 9.5, Part III —
Confidential Financial.
4.1.10.1 Dun and Bradstreet number
4.1.10.2 Federal Tax Identification Number
4.1.10.3 The last two - (2) years and current year interim:
A. Profit and Loss Statement
B. Balance Statement
4.2 SUBCONTRACTOR INFORMATION
4.2.1 Does this proposal include the use of subcontractors? Check the appropriate
response in the table below.
Yes No
If "Yes ", vendor must:
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4.2.1.1 Identify specific subcontractors and the specific requirements of this
RFP for which each proposed subcontractor will perform services.
4.2.1.2 Provide the same information for any proposed subcontractors as
requested in Section 4. 1, Vendor Information.
4.2.1.3 Business references as specified in Section 4.3, Business References
must be provided for any proposed subcontractors.
4.2.1.4 Vendor shall not allow any subcontractor to commence work until all
insurance required of the subcontractor is provided to the vendor; and
4.3 BUSINESS REFERENCES
4.3.1 Vendors should provide a minimum of three (3) business references from similar
projects performed for private, state and/or large local government clients within
the last three (3) years.
4.3.2 Vendors must provide the following information of every business reference
provided by the vendor and/or subcontractor.
The "Company Name" must be .the name of the proposing vendor or the vendor's
proposed subcontractor.
Reference #:
Company Name:
Identify role company will have for this RFP project (check one):
❑ Vendor ❑ Subcontractor
Project Name:
Primary Contact Information
Name:
Street Address:
City, State, Zip:
Phone, including area code:
Facsimile, including area code:
Email address:
Alternate Contact Information
Name:
Street Address:
City, State, Zip:
Phone, including area code:
Facsimile, including area code:
Email address:
Project Information
Brief description of the project /
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5.
6.
4.4
COST
6/26/2012 Item 16.E.1.
contract and description of services
performed, including technical
environment (i.e., software
applications, data communications,
etc.), if applicable.
Original Project/Contract Start Date:
Original Project/Contract End Date:
Original Project/Contract Value:
Final Project /Contract Date:
Was project/contract completed in
time originally allotted, and if not,
why not?
Was project/contract completed
within or under the original
budget /cost proposal, and if not, why
not?
4.3.3 Vendors must also submit Attachment E, Reference Questionnaire to the business
references that are identified in Section 4.3.2.
4.3.4 The company identified as the business reference must submit the Reference
Questionnaire directly to the Purchasing Division.
4.3.5 It is the vendor's responsibility to ensure that completed forms are received by the
Purchasing Division on or before the deadline as specified in Section 8, RFP
Timeline for inclusion in the evaluation process. Reference Questionnaires not
received, or not complete, may adversely affect the vendor's score in the evaluation
process.
4.3.6 The State reserves the right to contact and verify any and all references listed
regarding the quality and the degree of satisfaction for such performance.
VENDOR STAFF RESUMES
Vendors must include in their proposal response resumes for key personnel/staff to be
responsible for performance of any contract resulting from this RFP.
5.1 Vendors must provide detailed pricing for all costs associated with the responsibilities and
related services. Clearly specify the nature of all expenses anticipated. Vendors must also
state the discount percentage from their product line's price for other items. This discount
percentage may be considered during the award of this contract Percentage off balance of
the line must be listed in the cost proposal. See Attachment H, Pricing Schedules.
PAYMENT
6.1 Upon review and acceptance by the State, payments for invoices are normally made within
45 -60 days of receipt, providing all required information, documents and/or attachments
have been received. This may vary by participating entity.
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6/26/2012 Item 16.E.1.
6.2 The State does not issue payment prior to receipt of goods or services.
6.3 The vendor must bill the State as outlined in the approved contract and/or payment
schedule.
6.4 Vendors may propose an alternative payment option. Alternative payment options must be
listed on Attachment B2, Cost Proposal Certification of Compliance with Terms and
Conditions of the RFP. Alternative payment options will be considered if deemed in the
best interest of the State, project or service solicited herein.
WRITTEN QUESTIONS AND ANSWERS
In addition to a pre - proposal conference, the Purchasing Division will accept questions and/or
comments in writing regarding this RFP.
7.1 QUESTIONS AND ANSWERS
7.1.1 The RFP /RFQ Question Submittal Form is located on the Services RFP /RFQ
Opportunities webpage at litt p: / /purchasinLJ. state .nv.us%servicesisdocs.htni. Select
this RFP number and the "Question" link.
7.1.2 The deadline for submitting questions is as specified in Section 8, RFP Timeline.
7.1.3 All questions and/or comments will be addressed in writing and responses e- mailed
or faxed to prospective vendors on or about the date specified in Section 8, RFP
Timeline.
RFP TIMELINE
The following represents the proposed timeline for this project. All times stated are Pacific Time
(PT).
TASK
Pre - Proposal Conference
Trump International Towers, Las Vegas, NV
1:00 p.m. — 3:00 p.m.
Deadline for submitting questions
Answers posted to website
Deadline for submittal of Reference Questionnaires
DATE /TIME
February 23, 2011
March 2, 2011 @ 2:00 PM
On or about March 18, 2011
No later than 4:30 PM on March 27, 2011
Deadline for submission and opening of proposals No later than 2:00 PM on March 28, 2011
Evaluation period (approximate time frame)
Vendor Presentations (approximate time frame)
Selection of vendor(s) /Send Letter(s) of Intent
Execution of new contract
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March 28 — May 13, 2011
May 30 — June 3, 2011
On or about June 10, 2011
November 1, 2011
Page 23 of 52
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6/26/2012 Item 16.E.1.
Contract roll- out /transition November 1, 2011 — October 31, 2012
NOTES. These dates represent a tentative schedule of events. The State reserves the right to modify these
dates at any time.
The State also reserves the right to forego vendor presentations and select vendor(s) based on the
written proposals.
PROPOSAL RESPONSE SUBMISSION REQUIREMENTS, FORMAT AND CONTENT
9.1 GENERAL SUBMISSION REQUIREMENTS
Vendors' proposals must be packaged and submitted in counterparts; therefore, vendors
must pay close attention to the submission requirements. Proposals will have a technical
response, which may be composed of two (2) parts in the event a vendor determines that a
portion of their technical response qualifies as "confidential" as defined within Section 2,
Acronyms/Definitions.
If complete responses cannot be provided without referencing confidential information,
such confidential information must be provided in accordance with Section 9.3, Part I B —
Confidential Technical and Section 9.5, Part III — Confidential Financial. Specific
references made to the tab, page, section and/or paragraph where the confidential
information can be located must be identified on Attachment A, Confidentiality of
Proposals and Certification of Indemnification.
The remaining sections are Cost Proposal and Confidential Financial. Vendors may
submit their proposal broken out into the three (3) sections as required, or four (4) sections
if confidential technical information is included, in a single box or package for shipping
purposes.
The required CDs must contain a file that is an exact duplicate of the technical and cost
proposals; the electronic files must follow the format and content section for the technical
response and cost proposal. Detailed instructions on proposal submission and packaging
follows and vendors must submit their proposals as identified in the following sections.
Proposals and CDs that do not comply with the following requirements may be deemed
non - responsive and rejected at the State's discretion.
9.1.1 All information is to be completed as requested.
9.1.2 Each section within the technical proposal and cost proposal must be separated by
clearly marked tabs with the appropriate section number and title as specified in the
following sections.
9.1.3 Although it is a public opening, only the names of the vendors submitting proposals
will be announced NRS §333.335(6). Technical and cost details about proposals
submitted will not be disclosed. Assistance for handicapped, blind or hearing -
impaired persons who wish to attend the RFP opening is available. If special
arrangements are necessary, please notify the Purchasing Division designee as soon
as possible and at least two (2) days in advance of the opening.
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9.1.4 If discrepancies are found between two (2) or more copies of the proposal, the
master copy will provide the basis for resolving such discrepancies. If one (1) copy
of the proposal is not clearly marked "MASTER," the State may reject the
proposal. However, the State may at its sole option, select one (1) copy to be used
as the master.
9.1.5 For ease of evaluation, the proposal should be presented in a format that
corresponds to and references sections outlined within this RFP and must be
presented in the same order. Written responses must be placed immediately
following the applicable RFP questions, statement and /or section and must be
presented in a style /format that is easily distinguishable from RFP language.
Exceptions /assumptions to this will be considered during the evaluation process.
9.1.6 Proposals are to be prepared in such a way as to provide a straightforward, concise
delineation of capabilities to satisfy the requirements of this RFP. Expensive
bindings, colored displays, promotional materials, etc., are not necessary or desired.
Emphasis should be concentrated on conformance to the RFP instructions,
responsiveness to the RFP requirements, and on completeness and clarity of
content.
Unnecessarily elaborate responses beyond what is sufficient to present a complete
and effective response to this RFP are not desired and may be construed as an
indication of the proposer's lack of environmental and cost consciousness. Unless
specifically requested in this RFP, elaborate artwork, corporate brochures, lengthy
narratives, expensive paper, specialized binding, and other extraneous presentation
materials are neither necessary nor desired.
The State of Nevada, in its continuing efforts to reduce solid waste and to further
recycling efforts requests that proposals, to the extent possible and practical:
9.1.6.1 Be submitted on recycled paper;
9.1.6.2 Not include pages of unnecessary advertising;
9.1.6.3 Be printed on both sides of each sheet of paper; and
9.1.6.4 Be contained in re- usable binders rather than with spiral or glued
bindings.
9.1.7 For purposes of address questions concerning this RFP, the sole contact will be the
Purchasing Division as specified on Page 1 of this RFP. Upon issuance of this
RFP, other employees and representatives of the agencies identified in the RFP will
not answer questions or otherwise discuss the contents of this RFP with any
prospective vendors or their representatives. Failure to observe this restriction may
result in disqualification of any subsequent proposal NAC §333.155(3). This
restriction does not preclude discussions between affected parties for the purpose of
conducting business unrelated to this procurement.
9.1.8 Any vendor who believes proposal requirements or specifications are unnecessarily
restrictive or limit competition may submit a request for administrative review, in
writing, to the Purchasing Division. To be considered, a request for review must be
received no later than the deadline for submission of questions.
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The Purchasing Division shall promptly respond in writing to each written review
request, and where appropriate, issue all revisions, substitutions or clarifications
through a written amendment to the RFP.
Administrative review of technical or contractual requirements shall include the
reason for the request, supported by factual information, and any proposed changes
to the requirements.
9.1.9 If a vendor changes any material RFP language, vendor's response may be deemed
non - responsive (refer to NRS §333.311).
9.2 PART I A — TECHNICAL PROPOSAL
9.2.1 Submission Requirements
9.2.1.1 Technical proposal must include:
A. One (1) original marked "MASTER ";
B. One (1) "MASTER" CD with the technical proposal contents only.
The CD must be packaged in a case and clearly labeled with the
RFP No., vendor's name and Part I A, Technical Proposal;
C. Twelve (12) identical copies; and
D. The technical proposal must not include confidential technical
information (refer to Section 9.3, Part I B, Confidential Technical)
or project costs. Please note: Confidential information, cost and/or
pricing information contained in the technical proposal may cause
the proposal to be rejected.
9.2.2 Format and Content
9.2.2.1 Tab I — Title Page — the title page must include the following:
A. Part I A— Technical Proposal for: "Wireless Voice Service, Wireless
Broadband Service, Accessories and Equipment"
B. Identify the band of services proposed upon, i.e., Wireless Voice
Service, or Broadband Service, etc.
C. RFP No: 1907
D. Name and Address of the vendor
E. Proposal Opening Date: March 28, 2011
F. Proposal Opening Time: 2:00 PM
9.2.2.2 Tab II — Table of Contents
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An accurate and updated table of contents must be provided.
9.2.2.3 Tab III — Vendor Information Sheet
The vendor information sheet completed with an original signature by
an individual authorized to bind the organization must be included in
this tab.
9.2.2.4 Tab IV — State Documents
The State documents tab must include the following:
A. The signature page from all amendments with an original signature
by an individual authorized to bind the organization.
B. Attachment A — Confidentiality of Proposal and Certification of
Indemnification with an original signature by an individual
authorized to bind the organization.
C. Attachment CI — Vendor Certifications with an original signature by
an individual authorized to bind the organization.
D. A copy of vendor's Certificate of Insurance identifying the
coverages and minimum limits currently in effect.
E. Copies of any vendor licensing agreements and /or hardware and
software maintenance agreements, if applicable.
F. Copies of applicable certifications and/or licenses.
9.2.2.5 Tab V — Attachment B 1
The Technical Proposal Certification of Compliance with Terms and
Conditions of RFP with an original signature by an individual
authorized to bind the organization must be included in this tab.
In order for any exceptions and/or assumptions to be considered they
MUST be documented in detail in the tables in Attachment B 1. The
State will not accept additional exceptions and/or assumptions if
submitted after the proposal submission deadline. Vendors must be
specific. Nonspecific exceptions or assumptions may not be considered.
If the exception or assumption requires a change in the terms or wording
of the contract, the scope of work, or any incorporated documents,
vendors must provide the specific language that is being proposed in
Attachment B 1
9.2.2.6 Tab VI — Section 3 - Scope of Work
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9.2.2.7
9.2.2.8
6/26/2012 Item 16.E.1.
Vendors must place their written response(s) in bold/italics immediately
following the applicable RFP question, statement and/or section.
Tab VII — Section 4 — Company Background and References
Vendors must place their written response(s) in bold/italics immediately
following the applicable RFP question, statement and/or section. This
section must also include the requested information in Section 4.2,
Subcontractor Information, if applicable.
Tab VIII — Other Informational Material
Vendors must include any other applicable reference material in this
section clearly cross referenced with the proposal response.
9.3 PART I B — CONFIDENTIAL TECHNICAL
Vendors only need to submit Part I B if the proposal includes any confidential technical
information (Refer to Attachment A, Confidentiality of Proposal and Certification of
Indemnification).
9.3.1 Submission Requirements, if confidential technical information is being submitted.
9.3.1.1 Confidential technical information must include:
A. One (1) original marked "MASTER "; and
B. Twelve (12) identical copies.
9.3.2 Format and Content
9.3.2.1 Tab I — Title Page — the title page must include the following:
A. Part I B — Technical Proposal for: "Wireless Voice Service, Wireless
Broadband Service, Accessories and Equipment"
B. Identify the band of services proposed upon, i.e., Wireless Voice
Service, or Broadband Service, etc.
C. RFP No: 1907
D. Name and Address of the vendor
E. Proposal Opening Date: March 28, 2011
F. Proposal Opening Time: 2:00 PM
9.3.2.2 Tabs — Confidential Technical
Vendors must have tabs in the confidential technical information that
cross reference back to the technical proposal, as applicable.
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9.4 PART II — COST PROPOSAL
9.4.1 Submission Requirements
9.4.1.1 Cost Proposal must include:
A. One (1) original marked "MASTER ";
B. Twelve (12) identical copies; and
C. One (1) CD with the cost proposal contents. The CD must be
packaged in a case and clearly labeled with the RFP No, vendor's
name and Part II — Cost Proposal.
9.4.1.2 The cost proposal must not be marked "confidential ".
9.4.2 Format and Content
9.4.2.1 Tab I — Title Page — the title page must include the following:
A. Part II — Cost Proposal for: "Wireless Voice Service, Wireless
Broadband Service, Accessories and Equipment ".
B. Identify the band of services proposed upon, i.e., Wireless Voice
Service, or Broadband Service, etc.
C. RFP No: 1907
D. Name and Address of the vendor
E. Proposal Opening Date: March 28, 2011
F. Proposal Opening Time: 2:00 PM
9.4.2.2 Tab II — Cost Proposal
Vendor's response for the cost proposal must be included in this tab.
9.4.2.3 Tab III — Attachment B2 — Cost Proposal Certification of Compliance
with Terms and Conditions of RFP
Vendors must include the cost proposal Certification of Compliance
with Terms and Conditions of RFP with an original signature by an
individual authorized to bind the organization within this section.
9.5 PART III — CONFIDENTIAL FINANCIAL
9.5.1 Submission Requirements
9.5.1.1 Confidential financial information must include:
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A. One (1) original marked "MASTER "; and
..
B. One (1) identical copy.
9.5.2 Format and Content
9.5.2.1 Tab I — Title Page — the title page must include the following:
A. Part III — Confidential Financial Proposal for: "Wireless Voice
Service, Wireless Broadband Service, Accessories and Equipment ".
B. Identify the band of services proposed upon, i.e., Wireless Voice
Service, or Broadband Service, etc.
C. RFP No: 1907
C. Name and Address of the vendor
D. Proposal Opening Date: March 28, 2011
E. Proposal Opening Time: 2:00 PM
9.5.2.2 Tab II — Financial Information and Documentation
A. Dun and Bradstreet Number
B. The completed Attachment F, State of Nevada Registration
Substitute IRS Form W -9
C. The last two (2) years and current year interim:
1. Profit and Loss Statement
2. Balance Statement
9.6 PROPOSAL PACKAGING
9.6.1 If the separately sealed technical and cost proposals as well as confidential
technical information and confidential financial documentation, marked as required
in Section 9.6.4 and Section 9.6.7, are enclosed in another container for mailing
purposes, the outermost container must fully describe the contents of the package
and be clearly marked as follows:
Teri Smith
State of Nevada, Purchasing Division
515 E. Musser Street, Suite 300
Carson City, NV 89701
RFP NO:
1907
PROPOSAL OPENING DATE:
March 28, 2011
PROPOSAL OPENING TIME:
2:00 PM
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6/26/2012 Item 16.E.1.
FOR:
Wireless Voice Service, Wireless Data
Service, Accessories and Equipment
VENDOR'S NAME:
PROPOSAL COMPONENT:
9.6.2 Vendors are encouraged to utilize the copy /paste feature of word processing
software to replicate these labels for ease and accuracy of proposal packaging.
9.6.3 Proposals must be received at the address referenced below no later than the date
and time specified in Section 8, RFP Timeline. Proposals that do not arrive by
proposal opening time and date WILL NOT BE ACCEPTED. Vendors may
submit their proposal any time prior to the above stated deadline.
9.6.4 The State will not be held responsible for proposal envelopes mishandled as a result
of the envelope not being properly prepared. Facsimile, e -mail, or telephone
proposals will NOT be considered; however, at the State's discretion, the proposal
may be submitted all or in part on electronic media, as requested within the RFP
document. Proposal may be modified by facsimile, e -mail, or written notice
provided such notice is received prior to the opening of the proposals.
9.6.5 The technical proposal shall be submitted to the State in a sealed package and be
clearly marked as follows:
Teri Smith
State of Nevada, Purchasing Division
515 E. Musser Street, Suite 300
Carson ity, NV 89701
RFP NO:
1907
PROPOSAL COMPONENT:
PART I A — TECHNICAL
PROPOSAL OPENING DATE:
March 28, 2011
PROPOSAL OPENING TIME:
2:00 PM
FOR:
Wireless Voice Service, Wireless Data
Service, Accessories and Equipment
VENDOR'S NAME:
PROPOSAL OPENING TIME:
9.6.6 If applicable, confidential technical information shall be submitted to the State in a
sealed package and be clearly marked as follows:
Teri Smith
State of Nevada, Purchasing Division
515 E. Musser Street, Suite 300
Carson City, NV 89701
RFP NO:
1907
PROPOSAL COMPONENT:
PART I B — CONFIDENTIAL
TECHNICAL
PROPOSAL OPENING DATE:
March 28, 2011
PROPOSAL OPENING TIME:
2:00 PM
FOR:
Wireless Voice Service, Wireless Data
Service, Accessories and Equipment
VENDOR'S NAME:
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9.6.7 The cost proposal shall be submitted to the State in a sealed package and he clearly
marked as follows:
Teri Smith
State of Nevada, Purchasing Division
515 E. Musser Street, Suite 300
Carson City, NV 89701
RFP NO:
1907
PROPOSAL COMPONENT:
PART II — COST
PROPOSAL OPENING DATE:
March 28, 2011
PROPOSAL OPENING TIME:
2:00 PM
FOR:
Wireless Voice Service, Wireless Data
Service, Accessories and Equipment
VENDOR'S NAME:
PROPOSAL OPENING TIME:
9.6.8 Confidential financial information shall be submitted to the State in a sealed
package and be clearly marked as follows:
Teri Smith
State of Nevada, Purchasing Division
515 E. Musser Street, Suite 300
Carson ity, NV 89701
RFP NO:
1907
PROPOSAL COMPONENT:
PART III — CONFIDENTIAL
FINANCIAL INFORMATION
PROPOSAL OPENING DATE:
March 28, 2011
PROPOSAL OPENING TIME:
2:00 PM
FOR:
Wireless Voice Service, Wireless Data
Service, Accessories and Equipment
VENDOR'S NAME:
10. PROPOSAL EVALUATION AND AWARD PROCESS
The information in this section does not need to be returned with the vendor's proposal response.
10.1 Proposals shall be consistently evaluated and scored in accordance with NRS §333.335(3)
based upon the following criteria:
• Reasonableness of cost
• Demonstrated competence
• Experience in performance of comparable engagements
• Conformance with the terms of this RFP
• Expertise and availability of key personnel
Note: Financial stability will be scored on a pass /fail basis
• Presentations — Following the evaluation and scoring process specified above, the State
may require vendors to make a presentation of their proposal to the evaluation
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6/26/2012 Item 16.E.1.
committee or other State staff, as applicable. The State, at its option, may limit
participation in vendor presentations based on scoring. NOTE: The State reserves the
right to forego vendor presentations and select vendor(s) based on the written proposal.
Proposals shall be kept confidential until a contract is awarded.
10.2 The evaluation committee may also contact the references provided in response to the
Section identified as Company Background and References; contact any vendor to clarify
any response; contact any current users of a vendor's services; solicit information from any
available source concerning any aspect of a proposal; and seek and review any other
information deemed pertinent to the evaluation process. The evaluation committee shall
not be obligated to accept the lowest priced proposal, but shall make an award in the best
interests of the State of Nevada NRS § 333.335(5).
10.3 Each vendor must include in its proposal a complete disclosure of any alleged significant
prior or ongoing contract failures, contract breaches, any civil or criminal litigation or
investigations pending which involves the vendor or in which the vendor has been judged
guilty or liable. Failure to comply with the terms of this provision may disqualify any
proposal. The State reserves the right to reject any proposal based upon the vendor's prior
history with the State or with any other party, which documents, without limitation,
unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to
meet contract milestones or other contractual failures. See generally, NRS §333.335.
10.4 Clarification discussions may, at the state's sole option, be conducted with vendors who
submit proposals determined to be acceptable and competitive NAC §333.165. Vendors
shall be accorded fair and equal treatment with respect to any opportunity for discussion
and/or written revisions of proposals. Such revisions may be permitted after submissions
and prior to award for the purpose of obtaining best and final offers. In conducting
discussions, there shall be no disclosure of any information derived from proposals
submitted by competing vendors.
10.5 A Notification of Intent to Award shall be issued in accordance with NAC §333.170. Any
award is contingent upon the successful negotiation of final contract terms and upon
approval of the Board of Examiners, when required. Negotiations shall be confidential and
not subject to disclosure to competing vendors unless and until an agreement is reached. If
contract negotiations cannot be concluded successfully, the State upon written notice to all
vendors may negotiate a contract with the next highest scoring vendor or withdraw the
RFP.
10.6 Any contract resulting from this RFP shall not be effective unless and until approved by
the Nevada State Board of Examiners (refer to NRS §333.700).
11. TERMS AND CONDITIONS
11.1 PROCUREMENT AND PROPOSAL TERMS AND CONDITIONS
The information in this section does not need to be returned with the vendor's proposal
response. However, if vendors have any exceptions and/or assumptions to any of the terms
and conditions in this section, they MUST identify in detail their exceptions and/or
assumptions on Attachment Bl, Technical Proposal Certification of Compliance. In
order for any exceptions and/or assumptions to be considered they MUST be documented
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in Attachment B1. The State will not accept additional exceptions and/or assumptions if
submitted after the proposal submission deadline.
Aww
11.1.1 This procurement is being conducted in accordance with NRS Chapter 333
and NAC Chapter 333.
11.1.2 The State reserves the right to alter, amend, or modify any provisions of this
RFP, or to withdraw this RFP, at any time prior to the award of a contract
pursuant hereto, if it is in the best interest of the State to do so.
11.1.3 The State reserves the right to waive informalities and minor irregularities in
proposals received.
11.1.4 For ease of responding to the RFP, vendors are encouraged to download the
RFP from the Purchasing Division's website at httL)://purchasin-,.state.nv.us.
11.1.5 The failure to separately package and clearly mark Part I B and Part III —
which contains confidential information, trade secrets and/or proprietary
information, shall constitute a complete waiver of any and all claims for
damages caused by release of the information by the State.
11.1.6 Proposals must include any and all proposed terms and conditions, including,
without limitation, written warranties, maintenance /service agreements,
license agreements and lease purchase agreements. The omission of these
documents renders a proposal non - responsive.
11.1.7 The State reserves the right to reject any or all proposals received prior to
contract award (NRS §333.350).
11.1.8 The State shall not be obligated to accept the lowest priced proposal, but will
make an award in the best interests of the State of Nevada after all factors
have been evaluated (NRS §333.335).
11.1.9 Any irregularities or lack of clarity in the RFP should be brought to the
Purchasing Division designee's attention as soon as possible so that corrective
addenda may be furnished to prospective vendors.
11.1.10 Descriptions on how any and all services and/or equipment will be used to
meet the requirements of this RFP shall be given, in detail, along with any
additional informational documents that are appropriately marked.
11.1.11 Alterations, modifications, or variations to a proposal may not be considered
unless authorized by the RFP or by addendum or amendment.
11.1.12 Proposals which appear unrealistic in the terms of technical commitments,
lack of technical competence, or are indicative of failure to comprehend the
complexity and risk of this contract, may be rejected.
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11.1.13 Proposals from employees of the State of Nevada will be considered if they
do not conflict with the State Administrative Manual, NRS Chapter 281 and
NRS Chapter 284.
11.1.14 Proposals may be withdrawn by written or facsimile notice received prior to
the proposal opening time. Withdrawals received after the proposal opening
time will not be considered except as authorized by NRS §333.350(2).
11.1.15 Prices offered by vendors in their proposals are an irrevocable offer for the
term of the contract and any contract extensions. The awarded vendor agrees
to provide the purchased services at the costs, rates and fees as set forth in
their proposal in response to this RFP. No other costs, rates or fees shall be
payable to the awarded vendor for implementation of their proposal.
11.1.16 The State is not liable for any costs incurred by vendors prior to entering into
a formal contract. Costs of developing the proposal or any other such
expenses incurred by the vendor in responding to the RFP, are entirely the
responsibility of the vendor, and shall not be reimbursed in any manner by the
State.
11.1.17 Proposals submitted per proposal submission requirements become the
property of the State, selection or rejection does not affect this right;
proposals will be returned only at the State's option and at the vendor's
request and expense. The masters of the technical proposal, confidential
technical proposal, cost proposal and confidential financial information of
each response shall be retained for official files.
11.1.18 The Nevada Attorney General will not render any type of legal opinion
regarding this transaction.
11.1.19 Any unsuccessful vendor may file an appeal in strict compliance with NRS
§333.370 and Chapter 333 of the Nevada Administrative Code.
11.2 CONTRACT TERMS AND CONDITIONS
The information in this section does not need to be returned with the vendor's proposal
response. However, if vendors have any exceptions and/or assumptions to any of the terms
and conditions in this section, they MUST identify in detail their exceptions and/or
assumptions on Attachment B1, Technical Proposal Certification of Compliance. In
order for any exceptions and/or assumptions to be considered they MUST be documented
in Attachment B 1. The State will not accept additional exceptions and /or assumptions if
submitted after the proposal submission deadline.
11.2.1 Performance of vendors will be rated semi - annually following contract award
and then annually for the term of the contract by the using State agency in six
categories: customer service; timeliness; quality; technology; flexibility; and
pricing. Vendors will be notified in writing of their rating.
11.2.2 The awarded vendor will be the sole point of contract responsibility. The
State will look solely to the awarded vendor for the performance of all
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contractual obligations which may result from an award based on this RFP,
and the awarded vendor shall not be relieved for the non - performance of any
or all subcontractors.
11.2.3 The awarded vendor must maintain, for the duration of its contract, insurance
coverages as set forth in the Insurance Schedule of the contract form
appended to this RFP. Work on the contract shall not begin until after the
awarded vendor has submitted acceptable evidence of the required insurance
coverages. Failure to maintain any required insurance coverage or acceptable
alternative method of insurance will be deemed a breach of contract.
11.2.4 Notwithstanding any other requirement of this section, the State reserves the
right to consider reasonable alternative methods of insuring the contract in
lieu of the insurance policies required by the attached Insurance Schedule. It
will be the awarded vendor's responsibility to recommend to the State
alternative methods of insuring the contract. Any alternatives proposed by a
vendor should be accompanied by a detailed explanation regarding the
vendor's inability to obtain insurance coverage as described within this RFP.
The State shall be the sole and final judge as to the adequacy of any substitute
form of insurance coverage.
11.2.5 The State will not be liable for Federal, State, or Local excise taxes per NRS
§372.325.
11.2.6 Attachment B1 and Attachment B2 of this RFP shall constitute an agreement
to all terms and conditions specified in the RFP, except such terms and
conditions that the vendor expressly excludes. Exceptions and assumptions
will be taken into consideration as part of the evaluation process; however,
vendors must be specific. Nonspecific exceptions or assumptions may not be
considered.
11.2.7 The State reserves the right to negotiate final contract terms with any vendor
selected NAC §333.170. The contract between the parties will consist of the
RFP together with any modifications thereto, and the awarded vendor's
proposal, together with any modifications and clarifications thereto that are
submitted at the request of the State during the evaluation and negotiation
process. In the event of any conflict or contradiction between or among these
documents, the documents shall control in the following order of precedence:
the final executed contract, any modifications and clarifications to the
awarded vendor's proposal, the RFP, and the awarded vendor's proposal.
Specific exceptions to this general rule may be noted in the final executed
contract.
11.2.8 Local governments (as defined in NRS §332.015), are intended third party
beneficiaries of any contract resulting from this RFP and any local
government may join or use any contract resulting from this RFP subject to
all terms and conditions thereof pursuant to NRS §332.195. The State is not
liable for the obligations of any local government which joins or uses any
contract resulting from this RFP.
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11.2.9 Any person who requests or who requests or receives a Federal contract,
grant, loan or cooperative agreement shall file with the using agency a
certification that the person making the declaration has not made, and will not
make, any payment prohibited by subsection (a) of 31 U.S.C. § 1352.
11.2.10 Pursuant to NRS §613 in connection with the performance of work under this
contract, the contractor agrees not to discriminate against any employee or
applicant for employment because of race, creed, color, national origin, sex,
sexual orientation or age, including, without limitation, with regard to
employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including, without limitation
apprenticeship.
The contractor further agrees to insert this provision in all subcontracts,
hereunder, except subcontracts for standard commercial supplies or raw
materials.
11.3 PROJECT TERMS AND CONDITIONS
The information in this section does not need to be returned with the vendor's proposal
response. However, if vendors have any exceptions and /or assumptions to any of the terms
and conditions in this section, they MUST identify in detail their exceptions and/or
assumptions on Attachment BI, Technical Proposal Certification of Compliance. In
order for any exceptions and/or assumptions to be considered they MUST be documented
in Attachment B1. The State will not accept additional exceptions and/or assumptions if
submitted after the proposal submission deadline.
11.3.1 Award of Related Contracts
11.3.1.1 The State may undertake or award supplemental contracts for
work related to this project or any portion thereof. The
contractor shall be bound to cooperate fully with such other
contractors and the State in all cases.
11.3.1.2 All subcontractors shall be required to abide by this provision as
a condition of the contract between the subcontractor and the
prime contractor.
11.3.2 Products and/or Alternatives
11.3.2.1 The vendor shall not propose an alternative that would require
the State to acquire hardware or software or change processes in
order to function properly on the vendor's system unless vendor
included a clear description of such proposed alternatives and
clearly mark any descriptive material to show the proposed
alternative.
11.3.2.2 An acceptable alternative is one the State considers satisfactory
in meeting the requirements of this RFP.
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11.3.2.3 The State, at its sole discretion, will determine if the proposed
alternative meets the intent of the original RFP requirement.
11.3.3 State Owned Property
The awarded vendor shall be responsible for the proper custody and care of
any State owned property furnished by the State for use in connection with
the performance of the contract and will reimburse the State for any loss or
damage.
11.3.4 Inspection/Acceptance of Work
11.3.4.1 It is expressly understood and agreed all work done by the
contractor shall be subject to inspection and acceptance by the
State.
11.3.4.2 Any progress inspections and approval by the State of any item
of work shall not forfeit the right of the State to require the
correction of any faulty workmanship or material at any time
during the course of the work and warranty period thereafter,
although previously approved by oversight.
11.3.4.3 Nothing contained herein shall relieve the contractor of the
responsibility for proper installation and maintenance of the
work, materials and equipment required under the terms of the
contract until all work has been completed and accepted by the
State.
11.3.5 Completion of Work
Prior to completion of all work, the contractor shall remove from the premises
all equipment and materials belonging to the contractor. Upon completion of
the work, the contractor shall leave the site in a clean and neat condition
satisfactory to the State.
11.3.6 Right to Publish
No announcement concerning the award of a contract as a result of this RFP
can be made without prior written approval of the State.
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12. SUBMISSION CHECKLIST
This checklist is provided for vendor's convenience only and identifies documents that must be
submitted with each package in order to be considered responsive. Any proposals received
without these requisite documents may be deemed non - responsive and not considered for contract
award.
Part I A— Technical Proposal Submission Requirements
Completed
Required number of Technical Proposals per submission requirements
One (1) CD with contents of the Technical Proposal only
Required Information to be submitted with Technical Proposal under the following
tabs:
Tab I
Title Page
Tab II
Table of Contents
Tab III
Vendor Information
Tab IV
State Documents
Tab V
Attachment B — Technical Proposal Certification of Compliance
Tab VI
Section 3 - Scope of Work
Tab VII
Section 4 - Company Background and References
Tab VIII
Other Informational Material
Part I B — Confidential Technical Submission Requirements
Required number of Confidential Technical Proposals per submission
requirements
Tab I
Title Page
Tabs
Appropriate tabs and information that cross reference back to the
technical proposal
Part II — Cost Proposal Submission Requirements
Required number of Cost Proposals per submission requirements
One (1) CD with contents of the Cost Proposal only
Tab I
Title Page
Tab II
Cost Proposal
Tab III
Attachment 132 — Cost Proposal Certification of Compliance with
Terms and Conditions of RFP
Part III — Confidential Financial Submission Requirements
Required number of Confidential Financial Proposals per submission requirements
Tab I
Title Page
Tab II
Financial Information and Documentation
REFERENCE QUESTIONNAIRE REMINDERS
Send out Reference Questionnaires for Vendor (with Part A completed)
Send out Reference Questionnaires for proposed subcontractors (with Part A
completed, if applicable)
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ATTACHMENT A
CONFIDENTIALITY OF PROPOSALS AND
CERTIFICATION OF INDEMNIFICATION
Submitted proposals, which are marked "confidential" in their entirety, or those in which a significant portion of the submitted
proposal is marked "confidential" will not be accepted by the State of Nevada. Pursuant to NRS 333.333, only specific parts
of the proposal may be labeled a "trade secret" as defined in NRS 600A.030(5). All proposals are confidential until the
contract is awarded; at which time, both successful and unsuccessful vendors' technical and cost proposals become public
information.
In accordance with the Submittal Instructions of this RFP, vendors are requested to submit confidential information in separate
binders marked "Part I B Confidential Technical" and "Part III Confidential Financial ".
The State will not be responsible for any information contained within the proposal should vendors not comply with the
labeling and packing requirements, proposals will be released as submitted. In the event a governing board acts as the final
authority, there may be public discussion regarding the submitted proposals that will be in an open meeting format, the
proposals will remain confidential.
By signing below, I understand it is my responsibility as the vendor to act in protection of the labeled information and agree to
defend and indemnify the State of Nevada for honoring such designation. I duly realize failure to so act will constitute a
complete waiver and all submitted information will become public information; additionally, failure to label any information
that is released by the State shall constitute a complete waiver of any and all claims for damages caused by the release of the
information.
This proposal contains Confidential Information, Trade Secrets and/or Proprietary information as defined in Section 2
` `A C R O N YM S /D E F I N I T I O N S."
Please initial the appropriate response in the boxes below and provide the justification for confidential status.
Part I B — Confidential Technical Information
YES
NO
Proposal Section & Page #
Justification for Confidential Status
Part III — Confidential Financial Information
YES
NO
Justification for Confidential Status
Company Name
Signature
Print Name
Date
This document must be submitted in Tab IV of vendor's technical proposal
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6/26/2012 Item 16.E.1.
ATTACHMENT B1
TECHNICAL PROPOSAL CERTIFICATION OF COMPLIANCE
WITH TERMS AND CONDITIONS OF RFP
I have read, understand and agree to comply with the terms and conditions specified in this Request for
Proposal.
YES I agree to comply with the terms and conditions specified in this RFP.
NO I do not agree to comply with the terms and conditions specified in this
RFP.
In order for any exceptions and/or assumptions to be considered they MUST be documented in detail in
the tables below. The State will not accept additional exceptions and/or assumptions if submitted after the
proposal submission deadline. Vendors must be specific. Nonspecific exceptions or assumptions may
not be considered. If the exception or assumption requires a change in the terms or wording of the
contract, the scope of work, or any incorporated documents, vendors must provide the specific language
that is being proposed in the tables below.
Company Name
Signature
Print Name Date
Vendors MUST use the following format. Attach additional sheets if necessary.
EXCEPTION SUMMARY FORM
RFP SECTION RFP PAGE EXCEPTION
NUMBER NUMBER (Complete detail regarding exceptions must be identified)
ASSUMPTION SUMMARY FORM
RFP SECTION
NUMBER
RFP PAGE
NUMBER
ASSUMPTION
(Complete detail regarding assumptions must be identified)
This document must be submitted in Tab V of vendor's technical proposal I
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ATTACHMENT B2
COST PROPOSAL CERTIFICATION OF COMPLIANCE
WITH TERMS AND CONDITIONS OF RFP
I have read, understand and agree to comply with the terms and conditions specified in this Request for
Proposal.
YES I agree to comply with the terms and conditions specified in this RFP.
NO I do not agree to comply with the terms and conditions specified in this
RFP.
In order for any exceptions and/or assumptions to be considered they MUST be documented in detail in
the tables below. The State will not accept additional exceptions and/or assumptions if submitted after the
proposal submission deadline. Vendors must be specific. Nonspecific exceptions or assumptions may
not be considered. If the exception or assumption requires a change in the terms or wording of the
contract, the scope of work, or any incorporated documents, vendors must provide the specific language
that is being proposed in the tables below.
Company Name
Signature
Print Name
Date
Vendors MUST use the following format. Attach additional sheets if necessary.
FXCF.PT10N RTTMMARV MUM
RFP SECTION
NUMBER
RFP PAGE
NUMBER
EXCEPTION
(Complete detail regarding exceptions must be provided)
ARRUMPTION RUMMARV FnRM
RFP SECTION
NUMBER
RFP PAGE
NUMBER
ASSUMPTION
(Complete detail regarding assumptions must be provided)
This document must be submitted in Tab III of vendor's cost proposal.
This form MUST NOT be included in the technical proposal.
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ATTACHMENT C - VENDOR CERTIFICATIONS
Vendor agrees and will comply with the following:
(1) Any and all prices that may be charged under the terms of the contract do not and will not violate any existing federal,
State or municipal laws or regulations concerning discrimination and/or price fixing. The vendor agrees to indemnify,
exonerate and hold the State harmless from liability for any such violation now and throughout the term of the contract.
(2) All proposed capabilities can be demonstrated by the vendor.
(3) The price(s) and amount of this proposal have been arrived at independently and without consultation, communication,
agreement or disclosure with or to any other contractor, vendor or potential vendor.
(4) All proposal terms, including prices, will remain in effect for a minimum of 180 days after the proposal due date. In the
case of the awarded vendor, all proposal terms, including prices, will remain in effect throughout the contract negotiation
process.
(5) No attempt has been made at any time to induce any firm or person to refrain from proposing or to submit a proposal
higher than this proposal, or to submit any intentionally high or noncompetitive proposal. All proposals must be made in
good faith and without collusion.
(6) All conditions and provisions of this RFP are deemed to be accepted by the vendor and incorporated by reference in the
proposal, except such conditions and provisions that the vendor expressly excludes in the proposal. Any exclusion must
be in writing and included in the proposal at the time of submission.
(7) Each vendor must disclose any existing or potential conflict of interest relative to the performance of the contractual
services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be
disclosed. By submitting a proposal in response to this RFP, vendors affirm that they have not given, nor intend to give at
any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or
service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt
to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification
of a vendor's proposal. An award will not be made where a conflict of interest exists. The State will determine whether a
conflict of interest exists and whether it may reflect negatively on the State's selection of a vendor. The State reserves the
right to disqualify any vendor on the grounds of actual or apparent conflict of interest.
(8) All employees assigned to the project are authorized to work in this country.
(9) The company has a written equal opportunity policy that does not discriminate in employment practices with regard to
race, color, national origin, physical condition, creed, religion, age, sex, marital status, sexual orientation, developmental
disability or handicap.
(10) The company has a written policy regarding compliance for maintaining a drug -free workplace.
(11) Vendor understands and acknowledges that the representations within their proposal response are material and important,
and will be relied on by the State in evaluation of the proposal. Any vendor misrepresentations shall be treated as
fraudulent concealment from the State of the true facts relating to the proposal.
(12) Vendor must certify that any and all subcontractors comply with Sections 7, 8, 9, and 10, above.
(13) The proposal must be signed by the individual(s) legally authorized to bind the vendor per NRS 333.337.
Company Name
Signature
Print Name Date
This document must be submitted in Tab IV of vendor's technical proposal
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ATTACHMENT D
WSCA MSA CONTRACT FORM
The following State Contract Form is provided as a courtesy to vendors interested in'' "`'
responding to this RFP. Please review the terms and conditions in this form, as this is the
standard contract used by the State for all services of independent contractors. It is not
necessary for vendors to complete the Contract Form with their proposal responses.
All vendors are required to submit a Certificate of Insurance in Tab IV, State
Documents of the technical proposal identifying the coverages and minimum limits
currently in effect.
Please pay particular attention to the insurance requirements, as specified in
Paragraph 26.
WSCA MSA
Contract. doc
If you are unable to access the above inserted file,
please contact Nevada State Purchasing at
41 "] Ulli_Cj2r
in g. state.nv.us
for an emailed copy.
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ATTACHMENT E
REFERENCE QUESTIONNAIRE
The State of Nevada, as a part of the RFP process, requires proposing vendors to submit business
references as required within this document. The purpose of these references is to document the
experience relevant to the scope of work and provide assistance in the evaluation process.
INSTRUCTIONS TO PROPOSING VENDOR
1.
Proposing vendor or vendor's proposed subcontractor MUST complete Part A of the Reference
Questionnaire.
2.
Proposing vendor MUST send the following Reference Questionnaire to EACH business
reference listed for completion of Part B, Part C and Part D.
3.
Business reference is requested to submit the completed Reference Questionnaire via email or
facsimile to:
State of Nevada, Purchasing Division
Attention: Nancy Feser
Email: srvpurch i,�.purchasi.n «.state.nv.us
Fax: 775- 684 -0188
4.
The completed Reference Questionnaire MUST be received no later than 4:30 PM PT March
25,20 1
5.
Business references are NOT to return the Reference Questionnaire to the Proposer (Vendor).
6.
In addition to the Reference Questionnaire, the State may contact any and all business references
by phone for further clarification, if necessary.
7.
Questions regarding the Reference Questionnaire or process should be directed to the individual
identified on the RFP cover page.
S.
Reference Questionnaires not received, or not complete, may adversely affect the vendor's score
in the evaluation process.
Reference
Questionnaire. doc
If you are unable to access the above inserted file,
please contact Nevada State Purchasing at
szvpf�rc h,c "zlntrclara s iny.state. m. us
for an entailed copy.
Wireless Services, Accessories and Equipment DMD AT, I On Page 45 of 52
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6/26/2012 Item 16.E.1.
ATTACHMENT F
STATE OF NEVADA REGISTRATION SUBSTITUTE IRS FORM W -9
The completed form must be included in Tab II, Financial Information and Documentation of the Part III —
Confidential Financial proposal submittal.
W -9 Form and
Instructions
If you are unable to access the above inserted file,
please contact Nevada State Purchasing at
srirntrchri %pirrchcrsings.slate, nv. its
for an emailed copy.
Wireless Services, Accessories and Equipment n z•p AT- I nn'7 Page 46 of 52
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6/26/2012 Item 16.E.1.
ATTACHMENT G
REPORVADMINISTRATION FEE
FORMAT AND SCHEDULE
�i
Reporting Format
and Schedule.doc
Lines of Service
Report.xls
1,
Accessories,
Equipment, and Devi
If you are unable to access the above inserted files,
please contact Nevada State Purchasing at
s urch(k,purchasin.state.nv.us
for an emailed copy.
Wireless Services, Accessories and Equipment T r'p AT- r on7 Page 47 of 52
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6/26/2012 Item 16.E.1.
ATTACHMENT H
PRICING SCHEDULES
FIX
wireless pricing.xls
�t
bband pricing.xis
accessory pricing.xls
If you are unable to access the above inserted files,
please contact Nevada State Purchasing at
Sill v urch!l%hurchasing. state. nv.us
for an ernailed copy.
Wireless Services, Accessories and Equipment Arp 7%7^ 1 nn7 Page 48 of 52
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6/26/2012 Item 16.E.1.
ATTACHMENT I
MODEL PARTICIPATING ADDENDUM
�1
ModeIPA.doc
If you are unable to access the above inserted file,
please contact Nevada State Purchasing at
srvpurch <ii>>aurchcasin;.state. nv. us
for an emailed copy.
Wireless Services, Accessories and Equipment n MD AT- 7 On Page 49 of 52
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6/26/2012 Item 16.E.1.
ATTACHMENT J
CURRENT CONTRACT PARTICIPATION
It is anticipated that most, if not all, states currently participating on these contracts will also participate
on the new contracts. Additionally, the State of Montana has signed an Intent to Participate. Additional
states may be added with the consent of the contractor and Lead State through execution of a Participating
Addendum.
WSCA Contract
Sales - Using States.F
If you are unable to access the above inserted file,
please contact Nevada State Purchasing at
sr� purchlu purchasing. state. 171'. us
for an emailed copy.
Wireless Services, Accessories and Equipment D r D AT- 7007 Page 50 of 52
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6/26/2012 Item 16.E.1.
ATTACHMENT K
STATES UNIQUE TERMS AND CONDITIONS
Specific Terms and Conditions related to some states are embedded below. All States reserve the right to
add any State specific terms .and conditions to any resultant participating addendums signed in response to
award(s) based from this procurement.
Oregon Terms and
Conditions. DOC
State of Montana
Terms and Conditions
If you are unable to access the above inserted files,
please contact Nevada State Purchasing at
srvpurc;hs z!pur <:hasin��.state.nv.us
for an emailed copy.
Wireless Services, Accessories and Equipment DA-T) T7„ 7 On Page 51 of 52
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6/26/2012 Item 16.E.1.
ATTACHMENT L
PRE - REGISTRATION FORM
FOR RFP 1907
WIRELESS VOICE SERVICE, WIRELESS BROADBAND SERVICE,
ACCESSORIES AND EQUIPMENT (WSCA)
PRE- PROPOSAL CONFERENCE
February 23, 2011
1:00 p.m. — 3:00 p.m.
Trump International Towers — Broadway Room
2000 Fashion Show Drive
Las Vegas, NV
(702) 476 -7207
(signage will be provided in the foyer)
In order to reserve a space for participation this form must be completed
and returned no later than February 18, 2011
Return completed form to:
Nevada State Purchasing Division
Attn: Teri Smith
Email: tlsmith a%hurchasin2. state. iiv.us
Fax (775) 684 -0188
Limited to two (2) attendees per company
Name of Company represented:
1. Name of person attending re- ro osal conference:
Phone Number:
Fax number:
Email:
2. Name of person attending re- ro osal conference:
Phone Number:
Fax number:
Email:
Wireless Services, Accessories and Equipment Arp T r^ I on 7 Page 52 of 52
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6/26/2012 Item 16.E.1.
ATTACHMENT AA - CONTRACTOR'S SPECIAL TERMS AND CONDITIONS
The following items are incorporated into this Attachment AA:
1. Agreed /Negotiated Exceptions to RFP Number 1907
2. Contractor's Additional Terms
3. Contractor's Product/Service Annexes
4. Sample WSCA Participating Addendum
If a conflict exists among provisions within the documents that form the Agreement, the following order of precedence will
apply: 1) Agreed /Negotiated Exceptions to RFP Number 1907; 2) Contractor's Additional Terms; 3) Contractor's
Product/Service Annexes; and 4) Sample WSCA Participating Addendum.
1. AGREED /NEGOTIATED EXCEPTIONS TO RFP NUMBER 1907
RFP
RFP
Section
Page
Agreed /Negotiated Exceptions to RFP Number 1907
Number
Number
2
5
The parties agree that the definition of "CL Accounts" as been revised to read as follows:
"Corporate Liable Accounts are accounts set up by a Buyer for use by the Buyer, and
for which the Buyer is financially liable."
2
6
The parties agree that the definition of "Coverage" has been revised to include the following
clarification:
Wireless services do not perform in precisely the same manner as non - wireless
landline telephone services. Accordingly, Sprint does not guarantee coverage in any
specific area at any specific time. Coverage shown on the coverage maps is a general
prediction of outdoor coverage, and does not guarantee that coverage will be
available at all covered geographic areas at all times. Wireless coverage is impacted
by, among other things, terrain, weather, antenna location, system modification,
foliage and man -made structures (such as buildings), and therefore cannot be
predicted precisely at all times.
2
6
The parties agree that the definition of "Customer" has been revised to include the following
clarification:
The terms "Customer" and "Buyer" shall be used interchangeably in the Contract.
2
6
The parties agree that the definition of "Equipment" as been revised to read as follows:
"Equipment includes equipment, hardware, software, cabling or other materials sold
or leased to Customer by or through Contractor as a separate item from, or bundled
with, a service."
2
6
The parties agree that the definition of "IL Accounts" as been revised to read as follows:
"IL Accounts are accounts activated by an employee of a Buyer through an employee
program that has been authorized /approved by the Buyer, and for which the employee
is financially responsible."
2
8
The parties agree that the definition of "Roaming Agreement" has been revised to include
the following clarification:
The word "us" is intended to be "use" in this definition.
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6/26/2012 Item 16.E.1.
2
8
The parties agree that the definition of "Subcontractor" has been revised to include the
following clarification:
As additional clarification, Sprint does not consider local exchange carriers to be
Sprint subcontractors and will not be responsible for the actions or inactions of
access providers. In addition, Sprint does not consider the State's /Customer's
subcontractor requirements set forth in the RFP or any resulting contract to be
applicable to any agreements, subcontracts or other business arrangements between
Sprint and its Affiliates, roaming partners, suppliers, subcontractors or any third -
parties relating to the provision of any Products or Services purchased or used by the
State /Customer (collectively, "General Supply & Support Agreements ") where such
General Supply and Support Agreements were entered into for the purpose of
providing Products and Services to Sprint customers generally (as opposed to
specifically for the State).
3.1.2
9
The parties agree that the definition of "Wireless Spend" as been deleted and replaced with
the following revised definitions:
• "Total Wireless Spend ": The total dollar value of wireless services, data and
Equipment as invoiced by Contractor that are either (a) paid by Customer on
Customer's CL Accounts; or (b) paid by end user employees pursuant to IL
Accounts in the Customer's employee program. Total Wireless Spend does not
include amounts invoiced by Contractor for: (i) taxes; and (ii) additional
regulatory fees, administrative charges; and charges, fees or surcharges for the
costs Sprint incurs in complying with governmental programs; and (iii) credits and
refunds. In addition, Total Wireless Spend will be calculated after all discounts are
taken into account and shall not include monthly recurring charges or other
charges which are not actually paid by Customers or end users. Recurring
charges refers to charges that are billed to Buyers at regularly specified intervals,
usually monthly. Examples of recurring charges include, but are not limited to,
monthly service plan charges. The Total Wireless Spend calculation will not
include CL Accounts or IL Accounts that are in default for non - payment.
• "CL Wireless Spend ": The total dollar value of wireless services, data and
Equipment as invoiced by Contractor that are paid by Customer on Customer's CL
Accounts. CL Wireless Spend does not include amounts invoiced by Contractor
for: (i) taxes; and (ii) additional regulatory fees, administrative charges; and
charges, fees or surcharges for the costs Sprint incurs in complying with
governmental programs; and (iii) credits and refunds. In addition, CL Wireless
Spend will be calculated after all discounts are taken into account and shall not
include monthly recurring charges or other charges which are not actually paid by
Customers or end users. The CL Wireless Spend calculation will not include CL
Accounts that are in default for non - payment.
• "IL Wireless Spend ": The total dollar value of wireless services, data and
Equipment as invoiced by Contractor that are paid by end user employees
pursuant to IL Accounts in the Customer's employee program. IL Wireless Spend
does not include amounts invoiced by Contractor for: (i) taxes; and (ii) additional
regulatory fees, administrative charges; and charges, fees or surcharges for the
costs Sprint incurs in complying with governmental programs; and (iii) credits and
refunds. In addition, IL Wireless Spend will be calculated after all discounts are
taken into account and shall not include monthly recurring charges or other
charges which are not actually paid by end users. The IL Wireless Spend
calculation will not include IL Accounts that are in default for non - payment.
3.2.1 -3.2.2
10
The parties agree to restate Section 3.2.1 and 3.2.2 in its entirety as follows:
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3.2.1 Meet with lead States' Purchasing Department representative on a semi - annual
basis (once every six months) to evaluate and review:
• Pricing /rates relative to prevailing full market pricing /promotions /solicitations;
• Actual billed charges relative to prevailing available full market pricing;
• Any other significant issue (service, billing or otherwise) that may need to be
addressed.
3.2.2 Complete the evaluation and review within twenty (20) business days. The CL
Account and IL Account service percentage discounts are fixed for the Term, and may
only be amended in a formal written amendment signed by both parties' authorized
representatives. Rates not fixed in the pricing Schedules in Attachment CC-
Contractor's Response will be based on the then - current list price at the time of
purchase, less the service pricing discount, if applicable. Contractor may modify the
underlying rate or list price to which the percentage discount is applied on no less
than one day's notice.
3.2.3
10
The parties agree to restate Section 3.2.3 in its entirety as follows:
3.2.3.1 The Contractor(s) shall report contract utilization and pay an administrative
fee of 1 /10`h of 1% (one -tenth of one percent) of the Total Wireless Spend to
WSCA ( "WSCA Admin Fee "), paid quarterly. The WSCA directors approved the
level of the WSCA administration fee, and the fee is not negotiable. The WSCA
administrative fee is to be paid quarterly within 60 days of the end of the quarter
(See Attachment G for Reporting Schedule). If Contractor overpays the WSCA
admin fee for any quarter, then Contractor shall be permitted to reduce any
future WSCA admin fee payments by the incorrect amount. Contractor's
obligation to pay the WSCA administrative fee terminates upon the expiration or
earlier termination of the WSCA Agreement.
3.2.3.2 In addition to the WSCA administrative fee, some WSCA and non -WSCA states
may require that a fee ( "State Admin Fee ") be paid directly to the state on a
percentage of CL Wireless Spend made by procuring entities within that state
pursuant to such state's Participating Addendum. Any such State Admin Fee
shall be related to a State's administrative expenses in administering the
Participating Addendum and shall not be deemed a discount or rebate. For all
such requests, the percentage fee level, payment method and schedule for such
reports and payments shall be incorporated in a Participating Addendum. In
the event a State Admin Fee exceeds 1% of the CL Wireless Spend, the
Contractor(s) may reduce the CL service discounts by the percentage amount
that the applicable State Admin Fee percentage exceeds 1% of the CL Wireless
Spend. Any such CL service discount reduction shall not exceed the State
Admin Fee percentage. If Contractor overpays the State Admin Fee for any
quarter, then Contractor shall be permitted to reduce any future State Admin
Fee payments by the incorrect amount. Contractor's obligation to pay a State
Admin Fee terminates if: (1) the Participating Addendum has expired; or (2) the
Participating Addendum has been terminated (before expiration) by either party.
All such agreements shall have no effect whatsoever on the WSCA fee or on the
prices paid by the procuring agencies outside the jurisdiction of the state
requesting the additional fee.
3.2.3.3 At Contractor's discretion, administrative fees may be permitted for
participating government entities /government Customers that are not States
( "Local Government Admin Fee ") that sign a Participating Addendum, subject
to the requirements of this Section 3.1.2, on a percentage of CL Wireless Spend
made by procuring entities within that local government entity's jurisdiction
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Page 4 of 18
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14
;,,<,.:
pursuant to such local government entity's Participating Addendum. Any such
Local Government Admin Fee shall be related to a local government entity's
administrative expenses in administering the Participating Addendum and shall
not be deemed a discount or rebate. For all such requests, the fee level
percentage, payment method and schedule for such reports and payments
shall be incorporated in a Participating Addendum. In the event a Local
Government Admin Fee exceeds 1% of the CL Wireless Spend, the
Contractor(s) may reduce the CL service discounts by the percentage amount
that the applicable Local Government Admin Fee percentage exceeds 1% of the
CL Wireless Spend. Any such CL service discount reduction shall not exceed
the Local Government Admin Fee percentage. If Contractor overpays the Local
Government Admin Fee for any quarter, then Contractor shall be permitted to
reduce any future Local Government Admin Fee payments by the incorrect
amount. Contractor's obligation to pay a Local Government Admin Fee
terminates if: (1) the Participating Addendum has expired; or (2) the
Participating Addendum has been terminated (before expiration) by either
party. All such agreements shall have no effect whatsoever on the WSCA fee
or on the prices paid by the procuring agencies outside the jurisdiction of the
state requesting the additional fee.
3.2.4
10
The parties agree that the term "rebated" is deleted and replaced with the word "paid' in
Section 3.2.4. The WSCA administration fees are not rebates.
3.2.5
10
The parties agree to delete the last sentence of Section 3.2.5 in its entirety and replace it
with the following sentence:
"IL Wireless Spend will be subject to reporting requirements and to the required
WSCA administrative fee of one tenth (1/10) of one percent, and will be reported as
outlined in this RFP."
3.2.7
11
The parties agree to delete Section 3.2.7 in its entirety. Audit provisions shall be in
accordance with the terms of the WSCA Master Service Agreement.
3.3
11
The parties agree to the following clarification to Section 3.3:
Sprint is currently providing reporting required by WSCA to the Lead State of Nevada
for each Participating Addendum executed by a Participating Entity. Sprint assumes
that the required reporting by WSCA will continue to be compiled at the Participating
Addendum level. Should WSCA require reporting at the billing account level, Sprint
will meet with WSCA to discuss mutually agreed upon reporting data and formats.
3.3.4
12
The parties agree to the following clarifications regarding additional, modified or custom
reporting requests or formats in Section 3.3.4:
Sprint requests 60 day notification of any format changes to reporting that has been
previously agreed upon with State /Customer. Sprint reserves the right to not deliver
retroactive reporting in formats later agreed upon by Sprint and the State /Customer.
Notwithstanding anything in the RFP or Sprint's Proposal to the contrary, Sprint shall
not be obligated to provide any custom reports that Sprint determines in its discretion
are impractical or unduly burdensome to Sprint from an operational, financial or-
system limitation basis.
Sprint can provide equipment purchase summaries to specific entities. Fields, such
as "Order Number ", "Customer PO Number ", "Order Type ", and "PO Date" may not be
available at the account level, as we have thousands of WSCA member accounts. Not
all eligible entities have the same fields populated on their invoices due to system
limitations of eligible entities and /or internal procedures of the respective parties.
The following fields require further clarification as to what information is required
before we can provide feedback on their availability at the PA level and account level:
"UNSPSC Commodity ", "VAR/Reseller /Distributor NAME ", and "Recycling ".
The following fields are only available at the PA level: "CRU Minutes ", "CRU Lines ",
Page 4 of 18
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6/26/2012 Item 16.E.1.
Page 5 of 18
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"CRU Gross Sales ", "IRU Minutes ", and "IRU Lines ".
Each Member's Sprint Account Team will work with them to identify any requested
changes from the current reporting we currently provide them today or new reporting
needed for new members.
3.3.5, 3.3.6,
12
The parties agree to the following clarifications regarding additional, modified or custom
3.3.7
reporting requests or formats in Section 3.3.5, 3.3.6 and 3.3.7:
Sprint requests 60 day notification of any format changes to reporting that has been
previously agreed upon with State /Customer. Sprint reserves the right to not deliver
retroactive reporting in formats later agreed upon by Sprint and the State /Customer.
Notwithstanding anything in the RFP or Sprint's Proposal to the contrary, Sprint shall
not be obligated to provide any custom reports that Sprint determines in its discretion
are impractical or unduly burdensome to Sprint from an operational, financial or
system limitation basis.
3.5.1
12
The parties agree to delete Section 3.5.1 in its entirety. Sprint has offered pricing that
it believes meets State's /Customer's requirements; however, Sprint does not offer
Most Favored Customer clauses in its contracts. Sprint will continue to offer highly
competitive pricing and discounts for its services in a manner in which the prices
Sprint charges its customers for the same services are not unreasonably dissimilar
for similarly situated customers with like traffic patterns, volumes, commitment levels
and the like.
3.5.6-
13
The parties agree to the following clarifications relating to coverage in Sections 3.5.6 -
3.5.12
3.5.12:
Wireless services do not perform in precisely the same manner as non - wireless
landline telephone services. Accordingly, Sprint does not guarantee coverage in any
specific area at any specific time. Coverage shown on the coverage maps is a general
prediction of outdoor coverage, and does not guarantee that coverage will be
available at all covered geographic areas at all times. Wireless coverage is impacted
by, among other things, terrain, weather, antenna location, system modification,
foliage and man -made structures (such as buildings), and therefore cannot be
predicted precisely at all times. Any custom in- building or on- campus coverage
solutions provided by our Custom Network Solutions (CNS) group will require a
separate agreement outside of the WSCA Master Agreement.
3.5.11
13
The parties agree to delete Section 3.5.11 in its entirety replace it with the following:
In the event of scheduled network maintenance, Sprint shall make commercially
reasonable efforts to notify Customer in advance of the area(s) that could be
potentially affected by such maintenance. Sprint does not guarantee that network
maintenance or other environmental conditions necessitating maintenance will be
known or are knowable in advance and, therefore, Sprint cannot guarantee that
Customer will be notified within twenty -four (24) hours of such maintenance. Sprint
shall make commercially reasonable efforts to provide Customer with advance
notification of major planned network element maintenance.
3.5.15
14
The parties agree to insert the following additional clarification in Section 3.5.15:
"Sprint, as determined in its sole discretion, may discontinue any Product or Service.
Sprint shall provide Customer with at least six (6) months prior notice of its intention
to discontinue any such Products or Services."
3.5.17
14
Sprint agrees to remove its exception to Section 3.5.17. Warranty provisions shall be in
accordance with the terms of the WSCA Master Service Agreement and Attachment CC.
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6/26/2012 Item 16.E.1.
4.1.6
19
The parties acknowledge and agree to the following clarification relating to Section 4.1.6:
Sprint certifies, to the best of Sprint's actual knowledge, that none of vendor's
employees is employed by the State of Nevada any of its political subdivisions or by
any other government involved in the performance of the contractual services
resulting from this RFP. However, Sprint is a publicly traded company with
approximately 40,000 employees, and Sprint has no mechanism to accurately or
effectively track such information.
4.1.7
20
The parties acknowledge and agree to the following clarification relating to Section 4.1.7:
As a publicly traded company that is party to thousands of commercial, consumer and
government contracts with its customers, suppliers and competitors, Sprint is
involved in litigation, investigations and contract disputes at all times due to the
number of its customers, suppliers and competitors, and the nature of the services it
provides. Consequently, State's request for Sprint to compile a list or provide details
regarding prior or ongoing contract failures, contract breaches, civil or criminal
litigation or investigations, ongoing or occurring during the past six years, is an
extremely arduous, burdensome and time- consuming task, and Sprint has no
mechanism to track some of the requested information. Although Sprint is unable to
provide such information, Sprint can declare that: (i) during the past six years it has
not had a termination for default under a contract with a government entity; (ii) Sprint
is not currently suspended or debarred by any government agency nor has it been
during the past six years; and (iii) Sprint is not aware of any past or ongoing action
that would, if successful, have a material adverse impact on Sprint's ability to perform
under the terms of the RFP. As a public corporation, Sprint is required to fully
disclose material data and relevant information that may influence investment
decisions to all investors at the same time. Sprint does not provide detailed
information on litigation except through its securities filings. Please refer to Sprint's
Annual Report on Form 10 -K/A, available on
http:/ /investors. sprint. com /phoenix.zhtml ?c= 127149&p =irol -sec for a description of
certain litigation or claims.
6.1
22
The parties agree to delete Section 6.1 in its entirety. Invoicing and Payment Terms shall be
in accordance with Section 12 of the WSCA Master Service Agreement and Contractor's
Additional Terms as set forth in this Attachment AA.
10.2
33
The parties acknowledge and agree to the following clarification relating to Section 10.2:
The requirement that the evaluation committee be permitted to contact any current
users of a vendor's services as this requirement is overly- broad. Sprint respectfully
requests that the committee limit the right to contact Sprint's customers to the list of
reference clients provided by Sprint in its Proposal. Sprint is a publicly traded
company and is party to thousands of commercial, consumer and government
contracts with its customers, suppliers and competitors. Sprint contracts may
prohibit or restrict disclosure of Sprint's relationship with certain customer and may
prohibit or restrict contacts by third parties. The committee may contact any of
Sprint's listed reference customers.
10.3
33
The parties acknowledge and agree to the following clarification relating to Section 10.3:
As a publicly traded company that is party to thousands of commercial, consumer and
government contracts with its customers, suppliers and competitors, Sprint is
involved in litigation, investigations and contract disputes at all times due to the
number of its customers, suppliers and competitors, and the nature of the services it
provides. Consequently, the Lead State's request for Sprint to compile a list or
provide details regarding prior or ongoing contract failures. contract breaches_ evil nr
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10
6/26/2012 Item 16.E.1.
Attachment 49 The parties agree to delete Attachment I in its entirety and replace with the Sample
WSCA Participating Addendum attached to this Attachment AA; provided however,
such Sample WSCA Participating Addendum may be modified during negotiations
between Contractor and a Participating Entity.
Attachment 50 The parties agree to remove the third sentence of the Attachment J with the
Page 7 of 18
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criminal litigation or investigations, ongoing or occurring during the past six years, is
an extremely arduous, burdensome and time - consuming task, and Sprint has no
mechanism to track some of the requested information. Although Sprint is unable to
provide such information, Sprint can declare that: (i) during the past six years it has
not had a termination for default under a contract with a government entity; (ii) Sprint
is not currently suspended or debarred by any government agency nor has it been
during the past six years; and (iii) Sprint is not aware of any past or ongoing action
that would, if successful, have a material adverse impact on Sprint's ability to perform
under the terms of the RFP. As a public corporation, Sprint is required to fully
disclose material data and relevant information that may influence investment
decisions to all investors at the same time. Sprint does not provide detailed
information on litigation except through its securities filings. Please refer to Sprint's
Annual Report on Form 10 -K/A, available on
http:/ /investors. sprint. com /phoenix.zhtml ?c= 127149&p =irol -sec for a description of
certain litigation or claims.
11.1.15
35
The parties agree to delete the first sentence of Section 11.1.15 in its entirety and agrees to
the following clarification regarding this Section:
The rates and discounts identified in the pricing Schedules in Attachment CC will
remain fixed for the Term (unless stated otherwise in the applicable Schedule or
elsewhere in Sprint's Response — Attachment CC). Rates and discounts not fixed in
the pricing Schedules will be based on the then - current list price at the time of
purchase, less the Service Pricing Discount. The percentage discount is fixed for the
term of the Contract, but Contractor may modify the underlying rate or list price to
which the percentage discount is applied on no less than one day's notice. Service
Pricing Discounts are subject to the terms and conditions in Sprint's Response and
Sprint's Additional Terms and Conditions contained Attachment AA to Contract, and
may be subject to adjustment due to Administrative Fees in accordance with
Contractor's response in Section 3.2.3 of Sprint's Response.
11.1.17
35
Sprint agrees to remove its exception to Section 11.1.17. Confidential and proprietary
information provisions shall be in accordance with the terms of the WSCA Master Service
Agreement.
11.2.5
36
Sprint agrees to remove its exception to Section 11.2.5. Tax provisions shall be in
accordance with the terms of the WSCA Master Service Agreement.
11.2.8
36
The parties acknowledge and agree to the following clarification relating to Section 11.2.8:
All Participating Entities, including, but not limited to, "Local Governments," are
intended third party beneficiaries of any contract resulting from this RFP.
11.3.2.1
37
The parties agree to insert the following language to the end of Section 11.3.2.1:
"Sprint, as determined in its sole discretion, may discontinue any Product or Service.
Sprint shall provide Customer with at least six (6) months prior notice of its intention
to discontinue any such Products or Services."
11.3.4
38
The parties agree to delete Section 11.3.4 in its entirety. Inspection shall be in
accordance with the terms of the WSCA Master Service Agreement.
Attachment 49 The parties agree to delete Attachment I in its entirety and replace with the Sample
WSCA Participating Addendum attached to this Attachment AA; provided however,
such Sample WSCA Participating Addendum may be modified during negotiations
between Contractor and a Participating Entity.
Attachment 50 The parties agree to remove the third sentence of the Attachment J with the
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J
understanding that WSCA in conjunction with the Chief Procurement Official in the
State in which the potential Participating Entity is located will provide approval and
consent of Participating Addenda.
Attachment
51
Individual Participating Entities will negotiate their unique terms and conditions with
K
the awarded vendors.
2. CONTRACTOR'S ADDITIONAL TERMS
1. GENERAL.
1.1 For the purposes of this Contractor's Additional Terms and any Contractor's Product and Service Annexes incorporated
into the Contract pursuant to Section 1.3 below or Attachment AA to the Contract, ' rint" means Sprint Solutions, Inc., as
contracting agent for the affiliated Sprint and Nextel entities providing the Products and Services ( "S rint "), and
"Customer" means the applicable Participating Entity which is a Buyer under an Order.
1.2 Eligibility. The terms and conditions of this Agreement have been customized for federal, state, and local government
entities and agencies. Sprint defines "government entities and agencies" as those entities that receive their primary
funding support through the allocation of appropriated public funds and are entitled to exercise sovereign rights and
privileges. Sprint recognizes that under certain circumstances, non - governmental entities may be permitted to purchase
Products and Services under this Agreement. For non - governmental entities, Sprint may limit the applicability of any
contractual provisions specifically based on governmental rights and privileges.
1.3 Rates and Conditions Website. Customer's use of Sprint Products or Services is also governed by the applicable
Product and Service annexes posted at httr):// www .sprint.com /ratesandconditions.
1.4 Resale. Customer acknowledges and agrees that this is a retail purchase agreement for use only by Customer and its
other Sprint - authorized end users as set forth in this Agreement. Customer may not resell or lease wireless Products and
Services under this Agreement. Notwithstanding the foregoing, Customer may participate in the Sprint Wireless
Recycling Program.
2. ORDERS AND CHARGES.
2.1 Orders.
A. Rates. During the Term, Customer will pay Sprint the rates and charges for Products or Services as set forth in this
Agreement.
B. Issuance and Acceptance. Only persons authorized by Customer will issue Orders under the Agreement. Sprint
may accept an Order by (1) signing and returning a copy of the Order to Customer; (2) delivering any of the Products
or Services ordered; (3) informing Customer of the commencement of performance; or (4) returning an
acknowledgment of the Order to Customer.
C. Cancellation or Rejection. Customer may cancel an Order at any time before Sprint ships the Order or begins
performance, but Customer must pay any actual costs incurred by Sprint due to Customer's cancellation. Sprint may
reject or cancel an Order for any reason, including Customer's negative payment history with Sprint, failure to meet
Sprint's ongoing credit approval, or limited availability of the Product or Service ordered. Sprint will notify Customer of
rejected or canceled Orders.
D. Customer Purchase Orders. Customer purchase orders are binding only upon acceptance in writing by Sprint. The
terms and conditions in any Customer - issued purchase order accepted by Sprint will have no force or effect other
than to denote quantity, the Products or Services purchased, delivery destinations, requested delivery dates and any
other information required by this Agreement.
2.2 25% CL Discount. The CL Discount is a percentage discount off the eligible monthly recurring charges ( "MRCs ") charged
for CL Account Active Units (as defined in Attachment AA and Attachment CC- Contractor's Response).
2.3 18% IL Discount. The IL Discount is a percentage discount off the eligible monthly recurring charges ( "MRCs ") charged
for IL Accounts (as defined in Attachment AA and Attachment CC- Contractor's Response). The CL Discount and the IL
Discount are collectively referred to as the "Service Pricing Discounts." IL Account eligibility shall be in accordance with
Attachment AA and Attachment CC- Contractor's Response.
2.4 How Calculated. Unless otherwise noted, Service Pricing Discounts apply to eligible monthly recurring charges ( "MRC ")
before taxes and surcharges and after application of credits, other discounts, and rebates. Overage, usage- based, and
third party applications and services, certain business plan, add -ons, and other charges (including certain network specific
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products and services), are not eligible for Service Pricing Discounts. Service Pricing Discounts may apply to the MRC of
certain promotional rate plans which Sprint may offer on a limited time basis, at Contractor's discretion. Service Pricing
Discounts are subject to the terms and conditions in Attachment AA and Attachment CC- Contractor's Response, and may
be subject to adjustment due to Administrative Fees in accordance with Contractor's response in Section 3.2.3 of
Attachment AA and Attachment CC- Contractor's Response.
2.5 CL Account Eligibility. Only CL Account Active Units (defined as an active piece of wireless Product that Customer
enrolls in a Business Plan under the Contract) that are included in Buyer's account hierarchy with Contractor are eligible
for the Service Pricing Discounts. It may take up to 2 invoicing cycles to move pre- existing CL Account Active Units to the
same invoicing cycle in order to start receiving the Service Pricing Discounts. Buyer's contractors, suppliers, and any non -
government, non - authorized agencies working with Customer are not eligible for the Service Pricing Discounts.
2.6 Wireless Minimum Service Term Requirement
A. Minimum Service Term. Wireless Services require a minimum service term that begins on the wireless device
purchase date and ends either 12 months or 24 months later in accordance with Section 2.7 below ( "Minimum
Service Term ").
B. Advanced Devices. Sprint may designate certain Corporate - Liable Active Units as "Advanced Devices." Advanced
Devices include, but are not limited to: (1) a mobile computing devices, such as a tablet, netbook or notebook; or (2)
Smartphones.
2.7 Wireless Device - Discount.
A. Wireless Device Discount. New Corporate - Liable Active Units are eligible for a discounted device price based on a
device Minimum Service Term of either 12 months or 24 months. The discounted device price for a device with a
device Minimum Service Term of 12 months is at least equal to the 1 -Year Net Price defined as 30% off the
Suggested Retail Price. The discounted device price for a device with a device Minimum Service Term of 24 months
is at least equal to the 2 -Year Net Price defined as the Suggested Retail Price, less $150.00, less the instant rebate
(if any), less the mail -in rebate (if any). Sprint may offer a different discounted device price for devices with a different
device Minimum Service Term. The devices offered with the discounted device price(s) described in this Section 2.7
may change at any time in Sprint's sole discretion. The discounted device offer(s) described in this Section 2.7 may
not be available in all sales channels.
B. Upgrade Terms. Existing Corporate - Liable Active Units with a 1 -Year Net Price may be upgraded or replaced after
12 months of continuous service with Customer commitment to a new device Minimum Service Term. Existing
Corporate - Liable Active Units with a 2 -Year Net Price may be upgraded or replaced after 20 months of continuous
service with Customer commitment to a new device Minimum Service Term. Sprint may in its sole discretion offer
different upgrade terms for devices with a different discounted device price.
C. Exclusions. The 2 -Year Net Price does not apply to PowerSource devices or devices activated on the Nextel
National Network ( "Excluded Devices "). The discounted device price and device Minimum Service Term for Excluded
Devices are available by contacting Customer's Sprint Account Representative and may change at any time in
Sprint's sole discretion.
2.8 Accessory Equipment. The accessory discount of 20% applies to the national retail price for Nextel Device and Sprint
Device accessories purchased for CL Accounts under this Agreement.
2.9 Fixed Rates. The rates and discounts identified in the pricing Schedules in Attachment CC- Contractor's Response will
remain fixed for the Term (unless stated otherwise in the applicable Schedule or elsewhere in Attachment CC).
2.10 Percentage Discounts. Rates and discounts not fixed in the pricing Schedules in Attachment CC- Contractor's
Response will be based on the then - current list price at the time of purchase, less the Service Pricing Discount if
applicable. The percentage discount is fixed for the Term, but Contractor may modify the underlying rate or list price to
which the percentage discount is applied on no less than one day's notice.
2.11 Rate Adjustments. Contractor may impose on Buyers additional regulatory fees, administrative charges; and charges,
fees or surcharges for the costs Contractor incurs in complying with governmental programs. These fees, charges or
surcharges include, but are not limited to, state and federal Carrier Universal Service Charges ( "CUSC ") or Gross
Receipts surcharges. If the Federal Communications Commission ( "FCC ") requires that Contractor contribute to the
Universal Service Fund ( "USF ") based on interstate revenues derived from services that Contractor in good faith has
treated as exempt, including but not limited to, information services, Contractor will invoice Buyer the CUSC for such
Services beginning on the date established by the FCC as the date such Services became subject to USF contributions.
The amount of the fees and charges imposed may vary.
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3. BILLING AND PAYMENT.
3.1 Invoicing.
A. Commencement of Invoicing. Sprint may begin invoicing Customer in full for non - recurring and recurring charges ..
on the date the Products or Services are installed or delivered and made available.
B. Timing. In general, for recurring Services, Sprint bills fixed recurring Service charges in advance and usage -based
charges in arrears.
3.2 Payment Terms. Sprint will invoice Customer, and Customer will pay Sprint, in United States dollars (USD), unless
otherwise mutually agreed in writing by the parties. Payment terms are net 30 days from the date of invoice receipt.
Invoices are deemed to have been received within 5 days of the invoice date. If Customer fails to make payment within 15
days of receiving Sprint's written notice of nonpayment, Sprint reserves the right to charge a late fee (up to the maximum
allowed by law) or take other action to compel payment of past due amounts, including suspension or termination of
Service, unless prohibited by applicable law. Customer may not offset credits owed to Customer on one account against
payments due on the same or another account without Sprint's written consent. Sprint's acceptance of late or partial
payments is not a waiver of its right to collect the full amount due. Customer's payment obligations include late charges
and third party collection costs incurred by Sprint, including but not limited to reasonable attorneys' fees, if Customer fails
to cure its breach of these payment terms. If Customer elects to participate in the Preferred Pay Program, Customer will
remit payment using PCard, cash, check, or electronic funds transfer.
3.3 Disputed Charges. If Customer disputes a charge in good faith, Customer may withhold payment of that charge if
Customer (A) makes timely payment of all undisputed charges; and (B) within 30 days of the due date, provides Sprint
with a written explanation of Customer's reasons for disputing the charge. Customer must cooperate with Sprint to resolve
promptly any disputed charge. If Sprint determines, in good faith, that the disputed charge is valid, Sprint will notify
Customer and, within 5 business days of receiving notice, Customer must pay the charge or invoke the dispute resolution
process in this Agreement. If Sprint determines in good faith, that the disputed charge is invalid, Sprint will credit
Customer for the invalid charge.
3.4 Repayment of Credits or Waived Charges. If, before the end of the Term, Sprint terminates an Order, a Service or the
Agreement due to Customer's material breach, or Customer terminates a Service or the Agreement (unless due to
Sprint's material breach) prior to the 12 -Month or 24 -Month Minimum Service Term, Customer may be required to repay
Sprint a pro rata portion of any credits issued or discounts given on wireless Products purchased for less than the 1 Year
Net Price or 2 Year Net Price, based upon the number of months remaining in the Minimum Service Term at the time of
termination.
4. CREDIT APPROVAL FOR NON - GOVERNMENTAL ENTITIES. Sprint's provision of Products and Services to non - governmental
entities is subject to Sprint credit approval. If a non - governmental entity's financial circumstances or payment history becomes
reasonably unacceptable to Sprint during the Term, Sprint may require adequate assurance of future payment as a condition of
continuing Service. Sprint may provide Customer's payment history or other billing /charge information to any credit reporting
agency or industry clearinghouse.
5. WARRANTIES. EXCEPT AS, AND ONLY TO THE EXTENT, EXPRESSLY PROVIDED IN THIS AGREEMENT OR THE
APPLICABLE SERVICE LEVEL AGREEMENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." SPRINT DISCLAIMS ALL
EXPRESS OR IMPLIED WARRANTIES AND IN PARTICULAR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES RELATED TO EQUIPMENT, MATERIAL, SERVICES, OR
SOFTWARE.
6. EQUIPMENT AND SOFTWARE.
6.1 Third Party Equipment or Software. Customer is responsible for any items not provided by Sprint (including but not
limited to equipment or software) that impair Product or Service quality. Upon notice from Sprint of an impairment,
Customer will promptly cure the problem. Customer will continue to pay Sprint for Products and Services during such
impairment or related suspension. If the impairment interferes with the use of the Sprint's network by Sprint or third
parties, Sprint, in its reasonable discretion, may suspend or disconnect the affected Products and Services without
advance notice to Customer, although Sprint will provide advance notice where practical. At Customer's request, Sprint
will troubleshoot the impairment at Sprint's then - current time and materials rates. Sprint is not liable if a commercially
reasonable change in Products or Services causes equipment or software not provided by Sprint to become obsolete,
require alteration, or perform at lower levels.
6.2 Products. Sprint does not manufacture Products and, except as provided in this Agreement, is not responsible for the
acts or omissions of the original equipment manufacturer.
6.3 Software License.
A. Licensing Requirements. Where software is provided with a Product or Service, Customer is granted a
non - exclusive and non - transferable license or sublicense to use the software, including any related documentation,
solely to enable Customer to use the Products and Services in accordance with the applicable licensing
requirements. Software licensing terms and conditions of Sprint's software vendors are provided by Sprint or
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posted at www .sprint.comlratesandconditions or otherwise provided to Customer through click or
shrinkwrap agreements. Sprint may suspend, block or terminate Customer's use of any software if Customer fails to
comply with any applicable licensing requirement.
B. Prohibitions. Customer is not granted any right to use any software on behalf of third parties or for time share or
service bureau activities. No rights are granted to source code and Customer may not reverse engineer, decompile,
modify, or enhance any software. Subject to the terms and conditions in the licensing requirements subsection above,
Sprint or its suppliers retain title and property rights to Sprint- provided software. Upon termination or expiration of this
Agreement or the applicable Service, any applicable software license will terminate and Customer will surrender and
immediately return the Sprint - provided software to Sprint; provided that Customer is not required to return the
software embedded in Products sold to Customer under this Agreement.
6.4 Title to Equipment. Sprint or its suppliers retain title and property rights to Sprint - provided equipment (excluding
equipment sold to Customer under this Agreement). Upon termination or expiration of the Agreement or the applicable
Service, Customer will surrender and immediately return the Sprint - provided software to Sprint; provided that Customer is
not required to return the software embedded in Products sold to Customer under this Agreement.
7. USE OF NAME, SERVICE MARKS, TRADEMARKS. Neither party will use the name, service marks, trademarks, or carrier
identification code of the other party or any of its Affiliates for any purpose without the other party's prior written consent. Subject to
Customer's written consent and subject to compliance with applicable law with respect to each use, Sprint may use the Customer's
name and contact information as a customer reference and may illustrate in a press release, advertising or written or video
testimonial the applications and corresponding business benefit of the solution delivered by Sprint.
8. CUSTOMER RESPONSIBILITIES.
8.1 Installation. For Products or Services requiring on -site installations, Customer will reasonably cooperate with Sprint or
Sprint's agents to enable Sprint or its agents to install the Products or Services. Customer is responsible for damage to
Sprint -owned Products and Services located on Customer premises, excluding reasonable wear and tear or damage
caused by Sprint.
8.2 Use of Products and Services
A. Acceptable Use Policy. If Customer purchases Products or Services, Customer must conform to the acceptable
use policy posted at http: / /www. sprint .com /legal /agreement.html, as reasonably amended from time to time by Sprint.
B. Abuse and Fraud. Customer will not use Products or Services: (1) for fraudulent, unlawful or destructive purposes,
including, but not limited to, unauthorized or attempted unauthorized access to, or alteration, abuse, or destruction of
information; or (2) in any manner that causes interference with Sprint's or another's use of the Sprint network.
Customer will cooperate promptly with Sprint to prevent third parties from gaining unauthorized access to the
Products and Services via Customer's facilities.
C. Permits, Licenses and Consents. Customer will obtain, all required permits, licenses, or consents that Customer is
required to obtain to enable Sprint to provide (e.g., landlord permissions, tax exemption certificates, software
licenses, or local construction licenses) the Products and Services. This provision does not include permits, licenses,
or consents related to Sprint's general qualification to conduct business.
9. PRIVACY, CONFIDENTIAL INFORMATION AND DISCLOSURE.
9.1 Nondisclosure. Neither party will disclose the other party's Confidential Information to any third party except as expressly
permitted in this Agreement. This obligation will continue until 2 years after this Agreement expires or terminates. The
Recipient may disclose Confidential Information to its Affiliates, agents and consultants with a need to know, if they are
not competitors of Discloser and are subject to a confidentiality agreement at least as protective of the Discloser's rights
as this provision. In addition, either party may disclose this Agreement to an entity that is an Affiliate of Customer on the
Order Effective Date, provided that the Affiliate has signed a non- disclosure agreement reasonably acceptable to Sprint
and Customer. The parties will use Confidential Information only for the purpose of performing under this Agreement or for
the provision of other Sprint services. The foregoing restrictions on use and disclosure of Confidential Information do not
apply to information that: (A) is in the possession of the Recipient at the time of its disclosure and is not otherwise subject
to obligations of confidentiality; (B) is or becomes publicly known, through no wrongful act or omission of the Recipient;
(C) is received without restriction from a third party free to disclose it without obligation to the Discloser; (D) is developed
independently by the Recipient without reference to the Confidential Information; (E) is required to be disclosed by law,
regulation, or court or governmental order (subject to FOIA section of this Agreement); or (F) is disclosed with the prior
written consent of the Discloser.
9.2 Injunction. The parties acknowledge that Recipient's unauthorized disclosure or use of Confidential Information may
result in irreparable harm. If there is a breach or threatened breach of this Agreement, the Discloser may seek a
temporary restraining order and injunction to protect its Confidential Information. This provision does not limit any other
remedies available to either party. The party who has breached or threatened to breach its nondisclosure obligations
under this Agreement will not raise the defense of any adequate remedy at law.
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9.3 Customer Proprietary Network Information. As Sprint provides Products and Services to Customer, Sprint develops
information about the quantity, technical configuration, type and destination of Products and Services Customer uses, and
other information found on Customer's bill ( "Customer Proprietary Network Information" or "CPNI "). Under federal law,
Customer has a right, and Sprint has a duty, to protect the confidentiality of CPNI. For example, Sprint implements
safeguards that are designed to protect Customer's CPNI, including using authentication procedures when Customer
contacts Sprint. For some business accounts with a dedicated Sprint representative, Sprint may replace standard
authentication measures with a pre - established point of contact for Customer.
9.4 Privacy. Sprint's privacy policy, as amended from time to time, is available at www-.snrint.corrv'leeal-nrivacy html. The
privacy policy includes information about Sprint's customer information practices and applies to the provisioning of the
Products and Services.
9.5 FOIA. Sprint acknowledges that the Agreement and the Confidential Information may be subject to disclosure in whole or
in part under applicable Freedom of Information, Open Records, or Sunshine laws and regulations (collectively "FOIA").
Customer will provide Sprint with prompt notice of any FOIA requests or intended disclosures, citations to or copies of
applicable FOIA for review, and an appropriate opportunity to seek protection of Sprint Confidential Information.
10. LIMITATIONS OF LIABILITY.
10.1 Unauthorized Access / Hacking. Sprint is not responsible for unauthorized third party access to, or alteration, theft, or
destruction of, Customer's data, programs or other information through accident, wrongful means or any other cause while
such information is stored on or transmitted across Sprint network transmission facilities or Customer premise equipment.
10.2 Content. Sprint is not responsible or liable for the content of any information transmitted, accessed or received by
Customer through Sprint's provision of the Products and Services, excluding content originating from Sprint.
10.3 Sprint Disclaimers. Sprint is not responsible for any loss, liability, damage, or expense, including attorney's fees,
resulting from any third party claims alleged to arise in any way from :
A. Coverage and wireless Service quality problems caused by atmospheric, geographic or topographic conditions or
other conditions beyond Sprint's control including the failure of other service providers;
B. Interruption and unavailability of wireless Services due to coverage, capacity, Product failure or other limitations that
may occur in the transmission or attempted transmission of wireless Services;
C. Outages or wireless Service disruptions occurring as a result of a public safety emergency;
D. The content of any information transmitted by, accessed, or received through, Sprint's provision of the Products and
Services to Customer, including, but not limited to, claims: (A) for libel, slander, invasion of privacy, infringement of
copyright, and invasion or alteration of private records or data; (B) for infringement of patents arising from the use of
equipment, hardware or software not provided by Sprint; or (C) based on transmission and uploading of information
that contains viruses, worms, or other destructive media or other unlawful content;
E. Customer's breach of the licensing requirements in the Software License section;
F. Customer's failure to comply with any provision of the Use of Products and Services section; or
G. Sprint's failure to pay any tax based on Customer's claim of a legitimate exemption under applicable law.
11. INDEMNIFICATION (AUTHORIZED NON - PROFIT ENTITIES). As between Sprint and any authorized non - profit entities only, the
indemnification clauses in the Contract between the parties shall not be applicable, and the following indemnification provisions
shall control:
11.1 Mutual Indemnification for Personal Injury, Death or Damage to Personal Property. Each party will indemnify and
defend the other party, its directors, officers, employees, agents and their successors against all third party claims for
damages, losses, liabilities or expenses, including reasonable attomeys' fees, arising directly from the performance of this
Agreement and relating to personal injury, death, or damage to tangible personal property that is alleged to have resulted,
in whole or in part, from the negligence or willful misconduct of the indemnifying party or its subcontractors, directors,
officers, employees or authorized agents.
11.2 Customer Indemnification. Customer will indemnify and defend Sprint, Sprint's directors, officers, employees, agents
and their successors, against all third party claims for damages, losses, liabilities or expenses, including reasonable
attorneys' fees, arising out of:
A. Customer's failure to obtain permits, licenses, or consents that Customer is required to obtain to enable Sprint to
provide the Products or Services (e.g., landlord permissions or local construction licenses). This provision does not
include permits, licenses, or consents related to Sprint's general qualification to conduct business;
B. Customer's transmission of, or transmissions by those authorized by Customer to use the Services of, information,
data or messages over the Sprint network, including, but not limited to, claims: (A) for libel, slander, invasion of
privacy, infringement of copyright, and invasion or alteration of private records or data; (B) for infringement of patents
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arising from the use of equipment, hardware or software not provided by Sprint; or (C) based on transmission and
uploading of information that contains viruses, worms, or other destructive media or other unlawful content;
C. Customer's breach of the licensing requirements in the Software License section;
D. Customer's failure to comply with any provision of the Use of Products and Services section; or
E. Sprint's failure to pay any tax based on Customer's claim of a legitimate exemption under applicable law.
11.3 Sprint Indemnification. Sprint will indemnify and defend Customer, Customer's directors, officers, employees, agents
and their successors against third party claims enforceable in the United States alleging that Services as provided infringe
any third party United States patent or copyright or contain misappropriated third party trade secrets. Sprint's obligations
under this section will not apply to the extent that the infringement or violation is caused by (i) functional or other
specifications that were provided or requested by Customer, or (ii) Customer's continued use of infringing Services after
Sprint provides reasonable notice to Customer of the infringement. For any third party claim that Sprint receives, or to
minimize the potential for a claim, Sprint may, at its option and expense, either:
A. procure the right for Customer to continue using the Services;
B. replace or modify the Services with comparable Services; or
C. terminate the Services.
11.4 Rights of Indemnified Party. To be indemnified, the party seeking indemnification must (i) give the other party timely
written notice of the claim (unless the other party already has notice of the claim), (ii) give the indemnifying party full and
complete authority, information and assistance for the claim's defense and settlement, and (iii) not, by any act, admission
or acknowledgement, materially prejudice the indemnifying party's ability to satisfactorily defend or settle the claim. The
indemnifying party will retain the right, at its option, to settle or defend the claim, at its own expense and with its own
counsel. The indemnified party will have the right, at its option, to participate in the settlement or defense of the claim, with
its own counsel and at its own expense, but the indemnifying party will retain sole control of the claim's settlement or
defense.
12. .TERMINATION OF INDIVIDUAL PARTICIPATING ENTITIES.
12.1 Participating Entities. Sprint may suspend or terminate the right to purchase and use Products or Services or this
Agreement immediately as to a Participating Entity if Participating Entity fails to cure any material breach of this
Agreement within 30 days after receiving Sprint's written notice of such breach; or if Participating Entity fails to comply
with applicable law or regulation and Participating Entity noncompliance prevents Sprint's performance under the
Agreement. Participating Entity material failure does not include a failure caused by Sprint or a failure identified in the
"Force Majeure" section.
12.2 Effects of Termination of Participating Entity.
A. Service Charges. Participating Entity remains obligated to pay all Service charges incurred up to the effective date of
termination for each terminated Customer Liable Active Unit of the applicable Participating Entity, whether or not
invoiced by the termination date. .
B. Repayment of Credits. If, before the end of the Term, 1) Sprint terminates an Order due to Participating Entity's
material breach or 2) a Participating Entity terminates an Order for its convenience prior to the 12 -Month or 24 -Month
Minimum Service Term, Participating Entity may be required to repay Sprint a pro rata portion of any credits issued
or discounts given on wireless Products purchased for less than the 1 Year Net Price or 2 Year Net Price, based
upon the number of months remaining in the Minimum Service Term at the time of termination. This provision does
not apply to service level credits issued for Service outages.
C. Individual Liable. Individual Liable Active Units are subject to the order term requirements and other obligations in
the separate subscriber agreement between Sprint and the Employee.
12.3 Effects of Termination.
A. Individual Liable. Individual Liable Active Units are subject to the order term requirements and other obligations in
the separate subscriber agreement between Sprint and the Employee.
13. DISCOUNT PROGRAM.
13.1 Effective Date of Discounts. For new "Active Units" (defined as an active piece of wireless Product that Customer
enrolls in a Business Plan under the Agreement), the Service Pricing Discounts apply as of the Order Commencement
Date. For CL Account Active Units activated prior to the Order Commencement Date under pre- existing agreement(s)
between Sprint and Customer, Sprint will apply the discounts below no later than 60 days after the Order Commencement
Date. IL Account Active Units activated prior to the Order Commencement Date are eligible for the discounts below by
contacting a Sprint representative and subject to the eligibility requirements herein.
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14. EMPLOYEE DISCOUNT PROGRAM.
14.1 Eligible Employees. Subject to and conditioned upon (1) the Employee signing Sprint's consumer subscriber agreement;
(2) the Employee providing to Sprint satisfactory evidence of employment with Customer; and (3) the Employee complying
with Sprint's current terms regarding discounts, new and existing Customer Employee (or Individual - Liable) Active Units
may receive the IL Discount for eligible service charges and plans. Customer and Sprint will agree on methods for
employment verification. Upon termination of this Agreement for any reason, or upon the Employee's termination of
employment with Customer, Sprint may cease applying the IL Discount. Except for the IL Discount and the conditions set
forth, IL Account Active Units are governed exclusively by the terms and conditions in the consumer subscriber
agreement.
14.2 Optional Communications. Sprint and Customer's employee benefits group may develop and agree to a
communications plan to present discounts and to sell to Employees within 60 days of the Order Effective Date.
Communications may include new hire materials, benefits enrollment materials, e-mail, payroll stuffers, newsletters, or
Internet and intranet links, chair drops, or other mutually agreed to methods.
15. ELECTRONIC BILLING PRODUCTS
15.1 Except for the Consolidated Invoice product, the following electronic billing products provide CL Account Active Unit call
detail record information:
ELECTRONIC BILLING PRODUCTS
Invoice Data
Summary Data
Minimum CL
Account
Active Units
eBilling & Analysis
3 months
12 months
50
Data Direct
1 month
Not available
100
Electronic Data Interchange (EDI)
1 month
Not available
100
Smart CD+
1 month
Not available
100
Consolidated Invoice
1 month
Not available
100
A. For Data Direct, Electronic Data Interchange, Smart CD +, and Consolidated Invoice, data is provided for current
billing cycles. Archived data is available for as long as the account numbers are enrolled in the electronic billing
product.
15.2 Customer may choose any combination of electronic billing products. Sprint reserves the right, upon 60 days' prior written
notice, to migrate Customer to an updated or successor version of the selected electronic billing product if available or to
an entirely new electronic billing product.
15.3 There are no charges associated with the electronic billing products listed above.
15.4 Customer must comply with the Electronic Invoice Reporting and Analytics Product Annex, which is incorporated into this
Agreement as posted to the Rates and Conditions Website as of the date Customer signs the Agreement.
16. ADDITIONAL BUSINESS PLANS AND SPECIAL OFFERS
16.1 Additional Business Plans. If Customer is eligible for and selects a Business Plan that is not specified in the Agreement,
Customer's Service Pricing Discounts set forth above will apply to the Business Plan unless otherwise stated in the
Business Plan, and the terms and conditions of the Business Plan will apply in addition to, and control over, any
conflicting terms or conditions in the Agreement.
16.2 Business Plans and Features. Certain wireless Products require specific Business Plans for operation on the Sprint
Networks or the Sprint 4G Network. Certain Business Plans, features and equipment discounts may not be available on
all wireless devices. More information is available by contacting Customer's Sprint Account Representative.
16.3 Promotions. Sprint promotional discounts may not be available with certain Business Plans, as indicated in the
promotional offer. If Customer purchases a promotional wireless Product or Service, the promotional terms will control
over any conflicting terms in the Agreement for that wireless Product or Service until the promotion expires or Customer
selects a different Business Plan for the CL Account Active Unit enrolled in the promotion.
16.4 Trial Offers. If Customer receives a wireless Service or Service option for a limited trial period at a reduced cost, upon
expiration of the trial period, Customer will continue to receive the wireless Service or Service option at full price. If
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Customer wishes to avoid being billed in full for the promotional wireless Service or Service option, Customer must
contact Sprint before the end of the trial period to discontinue the wireless Service or Service option.
17. ADDITIONAL TERMS. Customer must comply with the Wireless Services Product Annex, which is incorporated into this
Agreement as posted to the Rates and Conditions Website as of the date Customer signs this Agreement.
18. SHIPPING FEES. Sprint will waive Ground or 2 -Day shipping fees for CL Account Active Units. Additional charges may apply for
overnight shipping.
19. ACTIVATION FEES. Sprint will waive the nonrefundable activation fee of $36 that applies to each CL Account billing account that
is created during the Term. Additionally, Sprint will waive the nonrefundable activation fee of $36 that applies to each IL Account
billing account that is created during the Term.
20. EARLY TERMINATION FEE. Sprint will waive early termination fees per terminated Customer - Liable Active Unit. Early termination
fees for Individual - Liable Active Units are governed by Sprint's consumer subscriber agreement.
21. THIRD PARTY AGENTS. Unless expressly stated otherwise, the pricing terms in this Attachment AA and in Attachment CC,
including its sub - attachments, may not be available if an indirect sales agent is involved in the transaction.
22. SPRINT SERVICE PROVIDER AFFILIATE MARKET LIMITATIONS. Some portions of the Nationwide Sprint Network are owned
and operated by Sprint Service Provider Affiliates under management agreements with Sprint. Certain Business Plans, add -ons
and Products are not available or are modified in Sprint Service Provider Affiliate Markets. Notwithstanding anything to the contrary
in this Attachment, Sprint reserves the right, with 30 days' prior written notice, to (i) port any Active Unit activated in a Sprint
Service Provider Affiliate Market to the Sprint Service Provider Affiliate or a successor serving that Market; or, if porting is not
possible, (ii) terminate Services to such Active Units.
23. DEFINITIONS.
23.1 "Agreement" and "Contract" shall both be deemed to refer to the Master Service Agreement (RFP /Contract #1907) for
Services of Independent Contract between Sprint and the Western States Contracting Alliance, acting by and through the
State of Nevada.
23.2 "Affiliate" is a legal entity that directly or indirectly controls, is controlled by, or is under common control with the party. An
entity is considered to control another entity if it owns, directly or indirectly, more than 50% of the total voting securities or
other similar voting rights. For purpose of this Agreement, Clearwire Corporation is not included as an Affiliate of Sprint.
23.3 "Confidential Information" means nonpublic information (A) about Discloser's business, (B) given to the Recipient in any
tangible or intangible form for Recipient's use in connection with this Agreement, and (C) that Recipient knows or
reasonably should know is confidential because of its legends and markings, the circumstances of its disclosure, or the
nature of the information. Confidential Information includes but is not limited to: trade secrets; financial information;
technical information including research, development, procedures, algorithms, data, designs, and know -how; business
information including operations, planning, marketing plans, and products; and the pricing and terms of the Agreement
including related discussions, negotiations, and proposals.
23.4 "Customer- Liable" and "CL Account" shall be deemed to refer to the same type of account and shall have the meaning set
forth in the Contract and Sprint's Wireless Services Product Annex.
23.5 "Discloser" means the party disclosing Confidential Information.
23.6 "Domestic" means the 48 contiguous states of the United States and the District of Columbia, unless otherwise defined for
a particular Product or Service in the applicable Product specific Terms.
23.7 "Individual- Liable" and "IL Account" shall be deemed to refer to the same type of account and shall have the meaning set
forth in the Contract and Sprint's Wireless Services Product Annex.
23.8 "Network" or "Networks" means the wireless and wireline transmission facilities owned and operated by Sprint or on
Sprint's behalf by third parties under management agreements with Sprint.
23.9 "Order' or "Purchase Order" means a written or electronic order, or purchase order, submitted or confirmed by Customer
and accepted by Sprint, which identifies specific Products and Services, and the quantity ordered. Verbal Orders are
deemed confirmed upon Customer's written acknowledgement, or use, of Products or Services.
23.10 "Order Commencement Date" is the first day of the first bill cycle in which Sprint bills monthly recurring charges or usage
charges for an Order.
23.11 "Order Effective Date" is the date an Order is received by Sprint.
23.12 "Order Term" means the term designated for an individual Order.
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23.13 "Preferred Pav Program" provides a discount to Sprint customers for remitting payment using cash, check or electronic
funds transfer. Customer must contact its assigned Sprint representative for further information, including eligibility
requirements. AMW
23.14 "Product(s)" includes equipment, hardware, software, cabling or other materials sold or leased to Customer by or through
Sprint as a separate item from, or bundled with, a Service.
23.15 "Product- specific Terms" means to separate descriptions, terms and conditions for certain non - regulated Products and
Services.
23.16 "Rates and Conditions Website" means the website found at hftp: / /www.sprint.com /ratesandconditions /.
23.17 "Recipient" means the party receiving Confidential Information.
23.18 "Service(s)" means wireline and wireless business communications services, including basic or telecommunications
services, information or other enhanced services, and non - regulated professional services provided to Customer by or
through Sprint under this Agreement, excluding Products.
23.19 "Sprint Wireless Recycling Program" - provides two options for recycling used wireless devices, including accessories: (1)
the Sprint buyback program provides Sprint customers with an account credit for returning to Sprint certain previously sold
Sprint or Nextel wireless devices, and (2) the Sprint project connect program accepts any wireless device and uses the
net proceeds that result from those devices to fund community -based initiatives such as Sprint's 4NetSafety Program.
The 4NetSafety Program promotes Internet safety for children. For more information on the Sprint Wireless Recycling
Program, including wireless devices eligible for the Sprint buyback program, go to Sprint.com /recycle.
24. MISCELLANEOUS.
24.1 Independent Contractor. This Agreement does not create an employer - employee relationship, association, joint venture,
partnership, or other form of legal entity or business enterprise between the parties, their agents, employees or Affiliates.
24.2 Technology Information. Sprint, as determined in its sole discretion, may discontinue any Product or Service. Sprint
shall provide Customer with at least six (6) months prior notice of its intention to discontinue any such Products or
Services.
24.3 Severability. If any provision of this Agreement is found to be unenforceable, this Agreement's unaffected provisions will
remain in effect and the parties will negotiate a mutually acceptable replacement provision consistent with the parties'
original intent.
24.4 URLs and Successor URLs. References to Uniform Resource Locators (URLs) in this Agreement include any successor
URLs designated by Sprint.
24.5 Survivability. The terms and conditions of this Agreement regarding confidentiality, indemnification, warranties,
nonappropriations, payment and all others that by their sense and context are intended to survive the expiration of the
Agreement will survive.
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3. CONTRACTOR'S PRODUCT /SERVICE ANNEXES
A. WSCA Buyer's use of Sprint Products or Services is also governed by the applicable Product and Service annexes posted
on Sprint's Rates and Conditions website at http: /Iwww.sprint.com /ratesandconditions.
B. WSCA Buyers seeking funds through the Universal Service Schools and Libraries E -Rate Program are subject to the
Schools and Libraries Funding Programs Annex posted on Sprint's Rates and Conditions website at
http: / /www.sprint.com /ratesandconditions.
C. WSCA Buyer's use of the Sprint Emergency Response Team Go -Kit shall be governed by the ERT Go Kit Product Annex as
posted on Sprint's Rates and Conditions website at httr): /iwww.sprint.com /ratesandconditions.
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4. SAMPLE WSCA PARTICIPATING ADDENDUM
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