HomeMy WebLinkAbout2011 10 24 Consent 202 Wireless Air Card ServicesCOMMISSION AGENDA
ITEM 202
CONSENT
INFORMATIONAL
X
PUBLIC HEARING
Laptop Air cards
REGULAR
$39.99 mo. X 12
October 24, 2011_ MGR / DEPT
Regular Meeting Authorization
REQUEST: The Police Department requests Commission approval to piggy back off
the Western States Contracting Alliance (WSCA) contract #1523 with the State of
Florida for wireless air card services for Police Department laptop computers, the
expenditure of FY 2011/12 budgeted funds in the amount of $36,027.00 and to authorize
the City Manager and City Attorney to prepare and execute any and all applicable
documents.
SYNOPSIS: The Police Department laptops require wireless communications
connectivity to a variety of entities. The WSCA contract #1523 is available through the
State of Florida for wireless aircard services at a rate of $39.99 per month per aircard.
The Police Department requests authorization to utilize this contract, to expend
FY2011 /12 budgeted funds totaling $36,027.00 and authorize the City Manager and City
Attorney to prepare and execute all required documents.
CONSIDERATIONS: Police Department laptop computers require wireless
connectivity with the Winter Springs Communications Center, The Florida Department
of Law Enforcement (FDLE), The Department of Highway Safety and Motor Vehicles
(DHSMV), and all other jurisdictions within Seminole County on a 24- hour /7 -day a week
schedule. To accomplish this, wireless aircard service is required as a recurring expense
in the amount of $36,027.00 annually. This service allows for the dispatching of calls for
service, as well as the day -to -day operations of the Police Department, such as report
writing and the immediate exchange of law enforcement sensitive information with
national, state and local agencies. Currently, the agency uses 74 air cards for patrol
functions at the service rate of $39.99 and one air card which has a service rate of $42.99
per month since it is used in a covert capacity and requires different service than the
regular laptop aircards.
Total
Cost
Service Total
Laptop Air cards
74
$39.99 mo. X 12
$35,511.12
Investigations Aircard
1
$42.99 mo. X 12
$515.88
Service Grand Total
$36,027.00
City Commission — Regular Meeting
October 24, 2011
Consent Agenda Item #202
Page 2 of 2
FISCAL IMPACT: All funding will come from existing FY2011 /12 budgeted funds of
$36,027.00 in Police Department cost center 2116 - 54110.
COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically
Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff,
And Is Available On The City's Website, LaserFiche, And The City's Server.
Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective
Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals
Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And
The City's Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients,
Media/Press Representatives Who Have Requested Agendas /Agenda Item Information,
Homeowner's Associations /Representatives On File With The City, And All Individuals
Who Have Requested Such Information.
This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With
Additional Copies Available For The General Public, And Posted At Five (5) Different
Locations Around The City. Furthermore, This Information Is Also Available To Any
Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any
Agenda Item With Any Interested Individuals.
RECOMMENDATIONS: The Police Department requests the Commission to approve
the use of the Western States Contracting Alliance (WSCA) contract #1523 with the State
of Florida for wireless air card services for Police Department laptop computers, the
expenditure of budgeted funds in the amount of $36,027.00 and to authorize the City
Manager and City Attorney to prepare and execute any and all applicable documents.
ATTACHMENTS: 2012 WSCA contract and addenda numbered 1 -7.
For Purchasing Use Only:
RFP /CONTRACT 111523
CONTRACT FOR SERVICES OF INDEPENDENT CONTRACTOR
A Contract Between the State of Nevada
Acting By and Through Its
Various State Agencies
Monitored By: Department of Administration
Purchasing Division
515 E Musser Street, Room 300
Carson City NV 89701
Contact: Teri Smith, Buyer
Phone: (775) 684 -0178 • Fax: (775) 684 -0188
Email: dsmithaa purchasine.state.nv.us
And
Sprint Solutions, Inc.
2001 Edmund Halley Drive
Reston VA 20191
Contact: Mary Lou Close, WSCA Contract Manager
Phone: (703) 592 -7846 • Fax: (703) 4334996
Email: marv.closeAsprint.com
WHEREAS, NRS 284.173 authorizes elective officers, heads of departments, boards, commissions or institutions to engage,
subject to the approval of the Board of Examiners, services of persons as independent contractors; and
WHEREAS, it is deemed that the service of Contractor is both necessary and in the best interests of the State of Nevada;
NOW, THEREFORE, in consideration of the aforesaid premises, the parties mutually agree as follows:
1. REQUIRED APPROVAL This Contract shall not become effective until and unless approved by the Nevada State Board of
Examiners.
2. DEFINITIONS "State" means the State of Nevada and any state agency identified herein, its officers, employees and
immune contractors as defined in NRS §41.0307. "Independent Contractor" means a person or entity that performs services
and/or provides goods for the State under the terms and conditions set forth in this Contract. "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 Board of Examiners' aDDroval (anticipated to be October 10
2006 ) to October 9. 2010. unless sooner temunated by either party as specified in paragraph (9).
4. NOTICE Unless otherwise specified, termination shall not be effective until 60 calendar days after a party has served written
notice of default, or without cause upon the other party. All notices or other communications required or permitted to be given
under this Contract shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic
facsimile with simultaneous regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted,
and addressed to the other party at the address specified above.
5. INCORPORATED DOCUMENTS The parties agree that the scope of work shall be specifically described; this Contract
incorporates the following attachments in descending order of constructive precedence; a Contractor's Attachment shall not
contradict or supersede any State specifications, terms or conditions without written evidence of mutual assent to such change
appearing in this Contract:
ATTACHMENT AA: STATE SOLICITATION (RFP #1523) and AMENDMENTS 1 & 2; SCOPE OF WORK
ATTACHMENT BB: NEGOTIATED ITEMS
ATTACHMENT CC: CONTRACTOR'S RESPONSE
6. CONSIDERATION The parties agree that Contractor will provide the services specified in paragraph (5) at a cost of the
following Percentage Discounts on Standard Retail Rates as displayed on Sprint's website• Rate Plans: 25% discount
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WEN Handsets: 39% discount; WEN Accessories: 20% discount; CDMA Handsets and Accessories are $150.00 Service
Credit applicable to consumer choice; with the total Contract or installments payable: Monthly upon receipt of vendor
statement not to exceed $2,000,000.00 Sprint may adiust its rates and charges or Impose additional fees charges or
surcharges on Customer to recover amounts that it is required by governmental or quasi governmental authori ties to
collect on their behalf, or to pay to other in support of statutory or regulatory programs plus a commercially reasonable
amount to recover the admmrstradve costs_ associated with such charges or programs Examples of such charges include
but are not limited to, state and federal _Universal Service Fund Charges Compensation to Pawhone Providers
International Mobile Termination Charges, E911 or Wireless Pooling or Local Number Portability surcharges as
applicable. Cost recovery charges are not taxes or government required charges The State does not agree to reimburse
Contractor for expenses unless otherwise specified in the incorporated attachments. The contractual authority, as identified
by the not to exceed amount does not obligate the State of Nevada to expend funds or purchase goods or services up to
that amount; the purchase amount will be controlled by the individual using agency's purchase orders or other
authorized means of requisition for services and/or goods as submitted to and accepted by the contractor Any
intervening end to a biennial appropriation period shall be deemed an automatic renewal (not changing the overall Contract term)
or a termination as the results of legislative appropriation may require.
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. TIMELINESS OF BILLING SUBMISSION. The parties agree that timeliness of billing is of the essence to the contract and
recognize that the State is on a fiscal year. All billings for dates of service prior to July 1 must be submitted to the State no later
that the first Friday in August of the same year. A billing submitted after the first Friday in August, which forces the State to
process the billing as a stale claim pursuant to NRS 353.097, will subject the Contractor to an administrative fee not to exceed
$100.00. The parties hereby agree this is a reasonable estimate of the additional costs to the State of processing the billing as a
stale claim and that this amount will be deducted from the stale claim payment due to the Contractor.
9. INSPECTION & AUDIT
a. Books and Records Contractor agrees to keep and maintain under generally accepted accounting principles (GAAP) full,
true and complete records, contracts, books, and documents as are necessary to fully disclose to 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 available at Sprint's
business offices during normal business hours for, inspection, examination, review, audit, and copying at any office or
location of Contractor where such records may be found, with or without notice by the State Auditor, the relevant state agency
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. All subcontracts shall reflect requirements of this paragraph. Further, due to the highly sensitive and
proprietary of some of Sprint's records, any third party auditor acting on behalf of the State shall be subject to prior approval
by Sprint and may be required at Sprint's sole discretion to execute Sprint's standard Non - Disclosure Agreement prior to
examining, inspecting, copying or auditing Sprint's records. Any audit conducted at the behest of the Purchasing Division
and/or the contracting agency would only be upon written notice.
c. Period of Retention All books, records, reports, and statements relevant to this Contract must be retained a minimum three
years and for five years if 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 an audit is scheduled or in progress for a period reasonably necessary to complete an audit and/or to
complete any administrative and judicial litigation which may ensue.
10. CONTRACT TERMINATION
a. Termination Without Cause Any discretionary or vested right of renewal notwithstanding, this Contract may be
terminated upon written notice by mutual consent of both parties or unilaterally by either party without cause.
b. State Termination for Nonappropriation The continuation of this Contract beyond the current biennium is subject to and
contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the State Legislature and/or
federal sources. The State may terminate this Contract, and Contractor waives any and all claim(s) for damages, effective
immediately upon receipt of written notice (or any date specified therein) if for any reason the Contracting Agency's funding
from State and/or federal sources is not appropriated or is withdrawn, limited, or impaired.
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c. Cause Termination for Default or Breach A default or breach may be declared with or without termination. This Contract
may be terminated by either party upon written notice of default or breach to the other party as follows:
i. If Contractor fails to provide or satisfactorily perform any of the conditions, work, deliverables, goods, or services
called for by this Contract within the time requirements specified in this Contract or within any granted extension of those
time requirements; or
ii. If 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 is
for any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; or
iii. If Contractor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the
jurisdiction of the bankruptcy court; or
iv. If the State materially breaches any material duty under this Contract and any such breach impairs Contractor's ability
to perform; or
v. If it is found by the State that any quid pro quo or gratuities in the form of money, services, entertainment, gifts, or
otherwise were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of
the State of Nevada with a view toward securing a contract or securing favorable treatment with respect to awarding,
extending, amending, or making any determination with respect to the performing of such contract; or
vi. If it is found by the State that Contractor has failed to disclose any material conflict of interest relative to the
performance of this Contract.
d. Time to Correct Termination upon a declared default or breach may be exercised only after service of formal written notice
as specified in paragraph (4), and the subsequent failure of the defaulting party within thirty (30) calendar days of receipt of
that notice to provide evidence, satisfactory to the aggrieved party, showing that the declared default or breach has been
corrected.
e. Winding Up Affairs Upon Termination In the event of termination of this Contract for any reason, the parties agree that
the provisions of this paragraph survive termination:
i. The parties shall account for and properly present to each other all claims for fees and expenses and pay those which
are undisputed and otherwise not subject to set off under this Contract. Neither party may withhold performance of
winding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination;
ii. Contractor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so
requested by the Contracting Agency;
iii. Contractor shall execute any documents and take any actions necessary to effectuate an assignment of this Contract if
so requested by the Contracting Agency;
iv. Contractor shall preserve, protect and promptly deliver into State possession all proprietary information in accordance
with paragraph (21).
11. REMEDIES. 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 reasonable attorneys' fees and costs. It is specifically agreed that reasonable attorneys' fees
shall include without limitation $125 per hour for State- employed attorneys. The State may set off consideration against any
unpaid obligation of Contractor to any State agency in accordance with NRS 353C.190.
12. LIMITED LIABILITY The State 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 unless
otherwise specified in the incorporated attachments. Damages for any State breach shall never exceed the amount of funds
appropriated for payment 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 150% of the contract maximum "not to exceed" value.
Contractor's tort liability shall not be limited. Sprint's entire liability under this contract for any loss or damage cuased by
material breach by Sprint, its employees or agents related to Sprint's performance hereunder shall be as follows:
i. For any claims whatsoever arising from or related to service disruption, regardless of the cause ("Service Disruption "),
Sprint's sole liability is limited to a credit allowance equal to the proportionate charge to customer 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 Sprint 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 customer
or any third parties in connection with this contract.
13. FORCE MAJEURE Neither party 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
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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.
14. INDEMNIFICATION Sprint will indemnify and defend Customer, its directors, officer, employees, agents, and their
successors form and against all third party claims for damages, losses, or liabilities, including reasonable attorney's fees, arising
directly from performance of the 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 gross negligence or willful misconduct of Sprint or its subcontractors,
directors, officers, employees or authorized agents.
15. INDEPENDENT CONTRACTOR Contractor is associated with the State only for the purposes and to the extent specified
in this Contract, and in respect to performance of the contracted services pursuant to this Contract, Contractor is and shall be an
independent contractor and, subject only to the terns of this Contract, shall have the sole right to supervise, manage, operate,
control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall
be deemed or construed to create a partnership or joint venture, to create relationships of an employer - employee or principal-
agent, or to otherwise create any liability for the State whatsoever with respect to the indebtedness, liabilities, and obligations of
Contractor or any other party. Contractor shall be solely responsible for, and the State shall have no obligation with respect to:
(1) withholding of income taxes, FICA or any other taxes or fees; (2) industrial insurance coverage; (3) participation in any
group insurance plans available to employees of the State; (4) participation or contributions by either Contractor or the State to
the Public Employees Retirement System; (5) accumulation of vacation leave or sick leave; or (6) unemployment compensation
coverage provided by the State. Contractor shall indemnify and hold State harmless from, and defend State against, any and all
losses, damages, claims, costs, penalties, liabilities, and expenses arising or incurred because of, incident to, or otherwise with
respect to any such taxes or fees. Neither Contractor nor its employees, agents, or representatives shall be considered employees,
agents, or representatives of the State. The State and Contractor shall evaluate the nature of services and term negotiated in order
to determine "independent contractor" status and shall monitor the work relationship throughout the term of the Contract to
ensure that the independent contractor relationship remains as such. To assist in determining the appropriate status (employee or
independent contractor), Contractor represents as follows:
Contractor's Initials
YES NO
1. Does the Contracting Agency have the right to require control of when, where
and how the independent contractor is to work?
2. Will the Contracting Agency be providing training to the independent
contractor
3. Will the Contracting Agency be famishing the independent contractor with
worker's space, equipment, tools, supplies or travel expenses?
4. Are any of the workers who assist the independent contractor in performance of
his/her duties employees of the State of Nevada?
5. Does the arrangement with the independent contractor contemplate continuing
or recurring work (even if the services are seasonal, part-time, or of short
duration)?
6. Will the State of Nevada incur an employment liability if the independent
contractor is terminated for failure to perform?
7. Is the independent contractor restricted from offering his/her services to the
general public while engaged in this work relationship with the State?
16. INSURANCE SCHEDULE. Unless expressly waived in writing by the State, Contractor, as an independent contractor and
not an employee of the State, must carry policies of insurance in amounts specified in this Insurance Schedule and pay all
taxes and fees incident hereunto. The State 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 Contracting Agency of the State, and
2) The State has approved the insurance policies provided by the Contractor.
Prior approval of the insurance policies by the State shall be a condition precedent to any payment of consideration under
this Contract and the State's approval of any changes to insurance coverage during the course of performance shall constitute
an ongoing condition subsequent this Contract. Any failure of the State to timely approve shall not constitute a waiver of the
condition.
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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 specified herein or otherwise agreed to by the 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 State of the completion of this Contract; or
2. Such time as the insurance is no longer required by the State under the terms of this Contract.
Any insurance or self - insurance available to the 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 State, Contractor will endeavor to provide the State with renewal or replacement evidence of insurance within ten
(10) days of 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.
Workers' Compensation and Emplover's Liability Insurance
1) Contractor shall provide proof of worker's compensation insurance as required of Nevada Revised Statutes
Chapters 616A through 616D inclusive.
2) Employer's Liability insurance with a minimum limit of $500,000 each employee per accident for bodily injury
by accident or disease.
If this contract is for temporary or leased employees, an Alternate Employer endorsement must be attached to
the Contractor's workers' compensation insurance policy.
3) If the Contractor qualifies as a sole proprietor as defined in NRS Chapter 616A.310, and has elected to not
purchase industrial insurance for himself/herself, the sole proprietor must submit to the contracting State
agency a fully executed "Affidavit of Rejection of Coverage Under NRS 616B627 and NRS 617.210" form.
Commercial General Liability Insurance
1) Minimum Limits required:
$2,000.000.00 General Aggregate
$1,000,000.00 Products & Completed Operations Aggregate
$ 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, Title VII actions 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.
2) 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
1) 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.
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Per Security
Amount required: Waived
1) Security may be in the form of surety bond, Certificate of Deposit or Treasury Note payable to the State of
Nevada. only.
2) The security shall be deposited with the contracting State agency no later than ten (10) working days following
award of the Contract to Contractor.
3) Upon successful Contract completion, the security and all interest earned, if any, shall be returned to the
Contractor.
General Requirements:
a. Additional Insured By endorsement to the general liability insurance policy evidenced by Contractor, The State of
Nevada, Department of Administration, its officers, employees and immune contractors as defined in NRS41.0307
shall be additional insured for all liability arising from the Contract via Sprint's blanket endorsement viewable at
http://www.sprint.com/MoiNextel.
b. Waiver of Subrogation Each liability insurance policy shall provide for a waiver of subrogation as to additional
insured.
c. Cross - Liability All required liability policies shall provide cross - liability coverage as would be achieve under the
standard ISO separation of insured clause.
d. Deductibles and Self - Insured Retentions Insurance maintained by Contractor shall apply on a first dollar basis without
application of a deductible or self - insured retention unless otherwise specifically agreed to by the State. Such approval
shall not relieve Contractor from the obligation to pay any deductible or self - insured retention. Any deductible or self -
insured retention shall not exceed $5,000 per occurrence, unless otherwise approved by the Risk Management
Division.
e. Policy Cancellation Except for ten 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 State of Nevada, c/o Contracting Agency, the policy
shall not be canceled, or non - renewed, and will endeavor to provide that notices required by this paragraph shall be sent
by mail to the address shown above.
f. Approved Insurer Each insurance policy shall be:
1) Issued by insurance companies authorized to do business in the State of Nevada or eligible surplus lines insurers
acceptable to the State and having agents in Nevada 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 contracting State agency:
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 coverage required of Contractor.
2) Additional Insured Endorsement An Additional Insured Endorsement (CG20 10 or C20 26) , signed by an authorized
insurance company representative, must be submitted to the State to evidence the endorsement of the State as an additional
f . sured per General Requirements. Subsection a above.
Schedule of Underlying Insurance Policies: If Umbrella or Excess policy is evidenced to comply with minimum limits,
a copy of the Underlying 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 State prior to the
commencement of work by Contractor. Neither approval by the 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 State or others, and shall be in addition to and not in lieu of any other remedy
available to the State under this Contract or otherwise. The 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 required insurance documents to the Contracting Agency identified on page one of the contract.
17. COMPLIANCE WITH LEGAL OBLIGATIONS 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. Contractor will
be responsible to pay all taxes, assessments, fees, premiums, permits, and licenses required by law and per Section 6 of this
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Agreement. Real property and personal property taxes are the responsibility of Contractor in accordance with NRS 361.157 and
361.159. Contractor agrees to be responsible for payment of any such government obligations not paid by its subcontractors
during performance of this Contract. The State may set -off against consideration due any delinquent government obligation in
accordance with NRS 353C.190.
18. 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.
19. SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this
Contract shall be construed as if such provision did not exist and the nonenforceability of such provision shall not be held to
render any other provision or provisions of this Contract unenforceable.
20. 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 State, such offending portion of the
assignment shall be void, and shall be a breach of this Contract. Neither party may assign this contract or any rights hereunder,
without the prior written consent of the other party, which consent shall not be unreasonably withheld, except that Sprint may
assign this contract to any parent, subsidiary or affiliate of Sprint or to any purchaser of all or substantially all its assets upon
written notification to Customer.
21. STATE OWNERSHIP OF PROPRIETARY INFORMATION Any reports, histories, studies, tests, manuals, instructions,
photographs, negatives, blue prints, plans, maps, data, system designs, computer code (which is intended to be consideration
under the Contract), or any other documents or drawings, prepared or in the course of preparation by Contractor (or its
subcontractors) in performance of its obligations under this Contract shall be the exclusive property of the State and all such
materialsthall be delivered into State 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 the State. Notwithstanding the foregoing, the
State shall have no proprietary interest in any materials licensed for use by the State that are subject to patent, trademark or
copyright protection. The Customer shall retain ownership rights on any documents prepared specifically for the State that
includes customer's proprietary information, which will include, but not limited to invoicing, records, etc. All other intellectual
property rights in the Products and Services remain in and/or are assigned to Sprint. In no event shall Sprint be precluded from
developing for itself, or for others, products, services, or materials that are competitive with, or similar to, the Products and
Services provided under this Agreement. In addition, Sprint 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 the Customer.
22. 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.
23. 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 required by this Contract.
24. 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.)
Approved 03108101
Revised 08103 Page 7 of 9
25. LOBBYING The parties agree, whether expressly prohibited by federal, State or local 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, counsel or board;
b. Any federal, state, county or local legislator, commission member, counsel member, board member, or other elected
official; or
c. Any officer or employee of any federal, state, county or local agency; legislature, commission, counsel or board.
26. WARRANTIES Sprint does not manufacture Products and, except as provided in the Agreement, is not responsible for any
defects in the Products or for the acts or omissions of the original equipment manufacturer. Except as, and then only to the
extent, expressly provided in this 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.
27. 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 the State Board of Examiners 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.
28. GOVERNING LAW, JURISDICTION This Contract and the rights and obligations of the parties hereto shall be governed
by, and construed according to, 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 jurisdiction of the First Judicial
District Court, Carson City, Nevada for enforcement of this Contract.
29. 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, nego-
tiations, 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.
Unless otherwise expressly authorized by the terms of this Contract, no modification or amendment to this Contract shall be
binding upon the parties unless the same is in writing and signed by the respective parties hereto and approved by the Office of
the Attorney General and the State Board of Examiners.
Approved 05108102
Revised 08103 Page 8 of 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed and intend to be legally bound thereby.
y pu6v e-) i6bft-
lndepenhent's Contractor's Title
Administrator, Purchasing Division
Title
APPROVED BY BOARD OF EXAMINERS
Signature - Board of Examiners
Approved as to form by:
On I 0 - 1 0 ✓6 �
(Date)
Deputy Attorney General for Attorney General
Approved 03108102
Revised 08103
On I ? - 1q
(Date)
Page 9 of 9
SPRINT PRICING
Attachment E from RFP 1523 has been superseded by revised pricing offers.
Please refer to Section 6, Consideration, in each Vendor's Contract to obtain
the agreed upon pricing.
6. CONSIDERATION The parties agree that Contractor will provide the
services specified in paragraph (5) at a cost of the following Percentage
Discounts on Standard Retail Rates as displayed on Sprint's website:
Rate Plans: 25% discount; WEN Handsets: 39% discount; WEN
Accessories: 20% discount; CDMA Handsets and Accessories are
$150.00 Service Credit applicable to consumer choice. Sprint may adiust
its rates and charges or impose additional fees, charges or surcharges on
Customer to recover amounts that it is required by governmental or
quasi - governmental authorities to collect on their behalf, or to pay to
other in support of statutory or regulatory programs, plus a
commercially reasonable amount to recover the administrative costs
associated with such charges or programs. Examples of such charges
include, but are not limited to, state and federal Universal Service Fund
Charges, Compensation to Payphone Providers, International Mobile
Termination Charges, E911 or Wireless Pooling or Local Number
Portability surcharges, as applicable. Cost recovery charges are not
taxes or government required charges.
For Purchasing Use Only:
RFP /CONTRACT #1523
AMENDMENT #1 TO CONTRACT
Between the State of Nevada
Acting By and Through Its
Various State Agencies
Monitored By: Department of Administration
Purchasing Division
515 E Musser Street, Room 300
Carson City NV 89701
Contact: Teri Smith, Senior Buyer
Phone: (775) 684- 0178 • Fax: (775) 684 -0188
Email: tlsmith(ia purchasine.state.nv.us
And
Sprint Solutions, Inc.
2001 Edmund Halley Drive
Reston VA 20191
Contact: Mary Lou Close, WSCA Contract Manager
Phone: (703) 592 -7846 • Fax: (703) 4334996
Email: marv.close(4surint.com
1. AMENDMENTS For and in consideration of mutual promises and /or their valuable consideration, all provisions of
the original contract, resulting from RFP #1523 dated October 10, 2006, attached hereto as Exhibit A, remain in
full force and effect with the exception of the following:
Contract is amended to incorporate the Western States Contracting Alliance (WSCA) Standard Terms and
Conditions.
Current Contract Language:
5. INCORPORATED DOCUMENTS The parties agree that the scope of work shall be specifically described;
this Contract incorporates the following attachments in descending order of constructive precedence; a
Contractor's Attachment shall not contradict or supersede any State specifications, terms or conditions without
written evidence of mutual assent to such change appearing in this Contract:
ATTACHMENT AA: STATE SOLICITATION (RFP #I523) and AMENDMENTS 1 & 2;
SCOPE OF WORK
ATTACHMENT BB: NEGOTIATED ITEMS
ATTACHMENT CC: CONTRACTOR'S RESPONSE
Amended Contract Language:
5. INCORPORATED DOCUMENTS The parties agree that the scope of work shall be specifically described;
this Contract incorporates the following attachments in descending order of constructive precedence; a
Contractor's Attachment shall not contradict or supersede any State specifications, terms or conditions without
written evidence of mutual assent to such change appearing in this Contract:
ATTACHMENT AA: STATE SOLICITATION (RFP #1523) and AMENDMENTS 1 & 2;
SCOPE OF WORK
ATTACHMENT BB: NEGOTIATED ITEMS
ATTACHMENT CC: CONTRACTOR'S RESPONSE
ATTACHMENT DD: WSCA STANDARD TERMS AND CONDITIONS
ATTACHMENT EE: CONTRACTOR'S SERVICE ANNEXES
Approved July 8, 2002
2. INCORPORATED DOCUMENTS Exhibit A (Original Contract) is attached hereto, Incorporated by reference herein
and made a part of this amended contract.
3. REQUIRED APPROVAL This amendment to the original contract shall not become effective until and unless
approved by the Nevada State Board of Examiners.
IN WITNESS WHEREOF, the parties hereto have caused this amendment to the original contract to be signed and
intend to be legally bound thereby.
Contractor's
Smith
Oor��n -I-e�r f 1
Date Independent's Contract 's Title
/// i
/' Administrator Purchasing Division
Date Title
Signature - Board of Examiners
Approved as to form by:
Deputy Atto " iraffor Attorney General
Approved July 8, 2002
APPROVED BO OF EXAMINERS
On /a o
Date
On // f Zo
(Date)
POP2012
For Purchasing Use Only:
RFP /CONTRACT #1523
AMENDMENT #2 TO CONTRACT
Between the State of Nevada
Acting By and Through Its
Various State Agencies
Monitored By: Department of Administration
Purchasing Division
515 E Musser Street, Room 300
Carson City NV 89701
Contact: Teri Smith, Senior Buyer
Phone: (775) 684- 0178 • Fax: (775) 684 -0188
Email: tlsmith(a,purchasine.state.nv us
And
Sprint Solutions, Inc.
2001 Edmund Halley Drive
Reston VA 20191
Mailstop: VARESP0101
Contact: Michaela Clairmonte, WSCA Contract Manager
Phone: (703) 433 -8581 • Fax: (703) 433 -8798
Email: michaela.clairmonteaa sprint com
AMENDMENTS For and in consideration of mutual promises and /or their valuable consideration, all
provisions of the original contract, resulting from RFP #1523 dated October 10, 2006, attached hereto as
Exhibit A, remain in full force and effect with the exception of the following:
1.1 The Contract is amended to incorporate the following language:
(a) Individual Liable Accounts. Unless otherwise prohibited by provision in a participating addendum,
Contractor may, at the sole discretion of the Contractor, offer discounted wireless services and
equipment to employees of WSCA participating states and 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 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 under this agreement.
Each IL participating in the employee program (a) must 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.
Beginning October 1, 2007, any sales 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
1/10 of one percent. Notwithstanding the foregoing, with respect to Sprint reporting IL account
information to WSCA, Sprint will comply with the Customer Proprietary Network Information Guidelines
delineated in Sprint's response to the WSCA RFP, Section 3.2.2, Reporting.
For clarification purposes, the WSCA administrative fee for all accounts is one tenth of one percent
(0.0010).
W Contracting Entities. Sprint owns and /or operates systems to provide wireless telecommunications,
together with affiliated companies as a nationwide network, in certain geographic areas throughout the
United States.
Sprint Solutions, Inc. provides service under the Agreement or a Participating Addendum through the
following operating entities d /b /a Sprint or Nextel; Nextel of California, Inc.; Nextel West Corp.; Nextel of
New York, Inc.; Nextel South Corp.; Nextel of Texas, Inc.; Nextel Communications of the Mid - Atlantic,
Inc.; NPCR, Inc.; Nextel Partners of Upstate New York, Inc.; and Sprint Spectrum, L.P. Sprint Solutions,
Inc. and the named operating companies are all wholly -owned subsidiaries of Sprint Nextel Corporation, a
Kansas corporation listed on the New York Stock Exchange.
2. INCORPORATED DOCUMENTS. Exhibit A (Original Contract) is attached hereto, incorporated by reference
herein and made a part of this amended contract.
3. REQUIRED APPROVAL. This amendment to the original contract shall not become effective until and unless
approved by the Nevada State Board of Examiners.
IN WITNESS WHEREOF, the parties hereto have caused this amendment to the original contract to be signed and
intend to be legally bound thereby.
•
11/05/2007 Manager, Contract Negotiations & Management
Independent Contractor's Signature Date Independent's Contractor's Title
Administrator, Purchasing Division
Title
APPROVED Y BOARD OF EXAMINERS
On
( Date)
Approved as to form by:
On /� ,�c�r C� 7
Deputy Attorn6 66 n,641 for Attorney General (Date)
Sprint— Approved
as to Legal Form
SKM — 5 Nov 2007
�ls
Signature - Board of Examiners
For Purchasing Use Only:
RFP /CONTRACT #1523
AMENDMENT #3 TO CONTRACT
Between the State of Nevada
Acting By and Through Its
Various State Agencies
Monitored By: Department of Administration
Purchasing Division
515 E Musser Street, Room 300
Carson City NV 89701
Contact: Teri Smith, Senior Buyer
Phone: (775) 684- 0178 • Fax: (775) 684 -0188
Email: tlsmithapurchasinft.state.nv us
And
Sprint Solutions, Inc.
2001 Edmund Halley Drive
Reston VA 20191
Mailstop: VARESP0101
Contact: Michaela Clairmonte, WSCA Contract Manager
Phone: (703) 433 -8581 • Fax: (703) 433 -8798
Email: michaela .clairmonte(iDSDrint.com
1. AMENDMENTS For and in consideration of mutual promises and /or their valuable consideration, all provisions
of the original contract, resulting from RFP #1523 dated October 10, 2006, attached hereto as Exhibit A,
remain in full force and effect with the exception of the following:
1.1 The Agreement is amended in Contract Section 6, Consideration by deleting the first sentence and
replacing with the following:
The parties agree that Contractor will provide the services specified in paragraph (5) at a cost of the
following Percentage Discounts on Standard Retail Rates as displayed on Sprint's website: Rate Plans —
25% discount; iDEN Accessories — 20% discount; Nextel iDEN and Sprint CDMA Handsets - are eligible
for a minimum 39% discount off the one year net price, defined as the suggested retail price less $75.00
( "Flat Rate Price ") on New Customer - Liable Active Units. The devices offered with this Flat Rate Price
may change at any time in Sprint's sole discretion. This Flat Rate Price device offer may not be available
in all sales channels; Upgrade Terms - Existing Customer - Liable Active Units may upgraded or replaced
equipment after 12 months of continuous service at the Flat Rate Price with a 12 month Minimum
Service Term extension. Contractor agrees to waive upgrade and replacement fee for Customer - Liable
Units. The total Contract or installments payable: Monthly upon receipt of vendor statement not to
exceed $2,000,000.00.
1.2 The Agreement is amended Attachment CC Contractor's Response, Cost Proposal - Additional Services
by deleting Section 1. Sprint PCS Data Link for Mobile Access and replacing with the following:
Page 1 of 3
1.1 Sprint PCS Data Link
All pricing and available MBs are the same whether Customer - Liable Active Units use the wireless high speed data (EVDO)
network or the Sprint PCS Vision (1xRTT) network. Wireless high speed data coverage is not available everywhere and
requires a wireless high speed data - compatible connection card. Where the wireless high speed data network is available
and a wireless high speed data - compatible connection card Is used, Customer - Liable Active Units will first attempt to connect
to the wireless high speed data network, then default to the Sprint PCS Vision network depending on coverage and network
availability.
** Activation of this plan requires purchase of a new Sprint PCS Connection Card, a new service activation with
a minimum 24 month service term ( "Minimum Service Term'), and a minimum commitment of 1,000 Customer -
Liable Sprint PCS Connection Cards using this same plan during each month of the Term. All terminations of
Active Units on this plan before the end of the Minimum Service Term are subject to a $200 early termination
fee per terminated Customer - Liable Active Unit. If Customer fails to maintain the 1,000 unit commitment for
this plan, Sprint may move all remaining units to the $49.99 unlimited data plan.
1.1.1. Wireline Component. Sprint PCS Data Link requires a dedicated connection between the Nationwide
Sprint PCS Network and Customer's wireline network. Customer must have wireline services via
MPLS VPN, IP VPN, or SprintLink Frame Relay under this Agreement or a separate agreement with
Sprint.
1.3 The Contract is amended In Attachment CC Contractor's Response, Cost Proposal by adding a new
subsection under PCS Data Equipment Services as follows:
SPRINT PCS CONNECTION CARD PLANS
$49.99
$39.99 **
MRC
$39.99
Net of all
Net of all
Discounts
Discounts
Data Services in Megabytes "MB"
40MB
Unlimited
Unlimited
Overage per Kilobyte "KB"
0.001 /KB
NotApplicable
Not Applicable
Monthly Maximum Charge (KBs of usage become unlimited
after the maximum during the monthly usage period
$99.99
Not Applicable
Not Applicable
Voice Calls including long distance if card is capable)
$0.20 per minute
0.20 per minute
0.20 per minute
All pricing and available MBs are the same whether Customer - Liable Active Units use the wireless high speed data (EVDO)
network or the Sprint PCS Vision (1xRTT) network. Wireless high speed data coverage is not available everywhere and
requires a wireless high speed data - compatible connection card. Where the wireless high speed data network is available
and a wireless high speed data - compatible connection card Is used, Customer - Liable Active Units will first attempt to connect
to the wireless high speed data network, then default to the Sprint PCS Vision network depending on coverage and network
availability.
** Activation of this plan requires purchase of a new Sprint PCS Connection Card, a new service activation with
a minimum 24 month service term ( "Minimum Service Term'), and a minimum commitment of 1,000 Customer -
Liable Sprint PCS Connection Cards using this same plan during each month of the Term. All terminations of
Active Units on this plan before the end of the Minimum Service Term are subject to a $200 early termination
fee per terminated Customer - Liable Active Unit. If Customer fails to maintain the 1,000 unit commitment for
this plan, Sprint may move all remaining units to the $49.99 unlimited data plan.
1.1.1. Wireline Component. Sprint PCS Data Link requires a dedicated connection between the Nationwide
Sprint PCS Network and Customer's wireline network. Customer must have wireline services via
MPLS VPN, IP VPN, or SprintLink Frame Relay under this Agreement or a separate agreement with
Sprint.
1.3 The Contract is amended In Attachment CC Contractor's Response, Cost Proposal by adding a new
subsection under PCS Data Equipment Services as follows:
SPRINT PCS CONNECTION CARD PLANS
All pricing and available MBs are the same whether Customer - Liable Active Units use the wireless high speed data (EVDO)
network or the Sprint PCS Vision (ixRTT) network. Wireless high speed data coverage is not available everywhere and
requires a wireless high speed data - compatible connection card. Where the wireless high speed data network is available and
a wireless high speed data - compatible connection card is used, Customer - Liable Active Units will first attempt to connect to
the wireless high speed data network, then default to the Sprint PCS Vision network depending on coverage and network
availability.
** Activation of this plan requires purchase of a new Sprint PCS Connection Card, a new service activation with
a minimum 24 month service term ( "Minimum Service Term "), and a minimum commitment of 1,000 Customer -
Liable Sprint PCS Connection Cards using this same plan during each month of the Term. All terminations of
Active Units on this plan before the end of the Minimum Service Term are subject to a $200 early termination
fee per terminated Customer - Liable Active Unit. If Customer fails to maintain the 1,000 unit commitment for
this plan, Sprint may move all remaining units to the $49.99 unlimited data plan.
2. INCORPORATED DOCUMENTS. Exhibit A (Original Contract) is attached hereto, incorporated by reference herein
and made a part of this amended contract.
3. REQUIRED APPROVAL. This amendment to the original contract shall not become effective until and unless
approved by the Nevada State Board of Examiners.
Page 2 of 3
$49.99
$39.99**
MRC
$39.99
Net of All
Net of all
Discounts
Discounts
Data Services in Megabytes "MB"
40MB
Unlimited
Unlimited
Overa a per Kilobyte "KB"
$0.001 /KB
Not Applicable
Not Applicable
Monthly Maximum Charge (KBs of usage become unlimited
after the maximum during the month) usage period
$99.99
Not Applicable
Not Applicable
Voice Calls including long distance if card is capable)
$0.20 per minute 1
$0.20 per minute
0.20 per minute
All pricing and available MBs are the same whether Customer - Liable Active Units use the wireless high speed data (EVDO)
network or the Sprint PCS Vision (ixRTT) network. Wireless high speed data coverage is not available everywhere and
requires a wireless high speed data - compatible connection card. Where the wireless high speed data network is available and
a wireless high speed data - compatible connection card is used, Customer - Liable Active Units will first attempt to connect to
the wireless high speed data network, then default to the Sprint PCS Vision network depending on coverage and network
availability.
** Activation of this plan requires purchase of a new Sprint PCS Connection Card, a new service activation with
a minimum 24 month service term ( "Minimum Service Term "), and a minimum commitment of 1,000 Customer -
Liable Sprint PCS Connection Cards using this same plan during each month of the Term. All terminations of
Active Units on this plan before the end of the Minimum Service Term are subject to a $200 early termination
fee per terminated Customer - Liable Active Unit. If Customer fails to maintain the 1,000 unit commitment for
this plan, Sprint may move all remaining units to the $49.99 unlimited data plan.
2. INCORPORATED DOCUMENTS. Exhibit A (Original Contract) is attached hereto, incorporated by reference herein
and made a part of this amended contract.
3. REQUIRED APPROVAL. This amendment to the original contract shall not become effective until and unless
approved by the Nevada State Board of Examiners.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have caused this amendment to the original contract to be signed and
intend to be legally bound thereby.
Al 12-1 08
Indepen ent Contractor's re ate
H. Leon Frazier
e
Greg Smith Date
Senior Vice President Enterprise & Public Sector
Independent's Contractor's Title
Administrator, Purchasing Division
Title
tua[et
Approved as to form by:
On
DepuX Affibrq40erieral for Attorney General (Date)
Sprint — Approved
C311 SP" as to Legal Form SKM —11 Mar 2008 For CTC
1/2008
Page 3 of 3
Sprint Ref. #BSG0804 -0663
For Purchasing Use Only:
RMCONTRACT AS23
AMENDMENT #4 TO CONTRACT
Between the State of Nevada
Acting By and Through Its
Various State Agencies
Monitored By: Department of Administration
Purchasing Division
515 E Musser Street, Room 300
Carson City NV 89701
Contact: Teri Smith, Senior Buyer
Phone: (775) 684. 0178 • Fax: (775) 684 -0188
Email: tlsmith@uurchasina.statemv.us
And
Sprint Solutions, Inc.
2001 Edmund Halley Drive
Reston VA 20191
Mailstop: VARESP0101
Contact: Michaela Clairmonte, WSCA Contract Manager
Phone: (703) 433 -8581 • Fax: (703) 433 -8798
Email: michaela.clairmonteC@snrint.com
1. AMENDMENTS For and in consideration of mutual promises and /or their valuable consideration, all provisions of the
original contract, as previously amended by Amendment #1, Amendment #2 and Amendment #3 to Contract, resulting
from RFP #1523 dated October 10, 2008, attached hereto as Exhibit A (collectively, the "Agreement'), remain in full force
and effect with the exception of the following:
1.1 Attachment EE of the Agreement ( "Contractor's Services /Product Annexes ") Is amended by deleting
Attachment EE -B In Its entirety and replacing with Attachment EE-13 Wireless Services Product Annex
attached hereto.
1.2 Attachment EE of the Agreement ( "Contractor's Services/Product Annexes ") Is amended by adding
Attachment EE -C Sprint PCS Data Link Product Annex attached hereto.
2. INCORPORATED DOCUMENTS. Exhibit A (Agreement) is attached hereto, incorporated by reference herein and made
a part of this amended contract.
3. REQUIRED APPROVAL. This amendment to the Agreement shall not become effective until and unless approved by
the Nevada State Board of Examiners.
Page 1 of 13
IN WIMESS WHERE9 , the parties hereto have caused this amendment to the Agreement to be signed and intend to be
" I � A '� � - // / Senior Vice President, General Business & Public Sector
Indepen e t Cont ctor's ignature to Independent's Contractor's Title
Jaime A. Jodes
Administrator. Purchasing Divilion
Greg Sm' h Date Title
E
Signature - Board of Examiner
On
(Date)
Approved as to f rm `
Deputy AtWfney a era for Atto ney General
On L /d r. c U P
(Date)
Sprint — Approved
as to Legal Form
KAC -14 OCt 2008
P &CA'
DAM
Page 2 of 13
ATTACHMENT EE -B
WIRELESS SERVICES PRODUCT ANNEX
1. BUSINESS PLAN FEATURES, POWERSOURCE DEVICES AND OPTIONS.
1.1 Wireless Voice Features.
A. Shared Minutes. Customer must have a minimum of 2 Corporate - Liable Active Units in a Shared Minute
group. All Corporate - Liable Active Units using the Shared Minutes option must subscribe to a Business Plan
with Anytime Minutes. Data -only Business Plans are not eligible for the Shared Minutes option. After a
Corporate- Liable Active Unit in a Shared Minute group has exhausted all Anytime Minutes in its Business
Plan, the Corporate - Liable Active Unit's additional airtime minutes are billed at the overage rate defined In the
associated -Business Plan. Eligible Business Plans are available by contacting Customer's Sprint Account
Representative.
B. Sprint Mobile -to- Mobile. "Sprint Mobile -to- Mobile" means voice calls from one Active Unit on the Network to
another Active Unit on the Network. With this feature, Customer may use an unlimited number of minutes
each month to make or receive calls on the Network between Sprint and Nextel phones. Sprint Moblle -to-
Mobile calling does not apply to calls to check voicemail, to obtain directory assistance, or placed through
indirect calling methods, and is not available when Roaming.
C. Add -a- Phone. The Add -a -Phone feature allows Customer to activate a Corporate - Liable Active Unit on a
Business Plan. with Anytime Minutes and add up to 5 additional Corporate - Liable Active Units (each, a
"Secondary Line ") to that Business Plan. Customer may not be able to select Sprint Mobile -to- Mobile calling
options when using the Add -a -Phone option. The Add -a -Phone option is not available with all voice Business
Plans. Eligible Business Plans are available by contacting Customer's Sprint Account Representative.
1.2 Wireless Data Features. Sprint provides wireless data solutions and Services over the Sprint 1xRTT and EVDO
networks. (both using CDMA technology) in certain coverage areas. Coverage areas are accessible through
hip• / /www sprint com /business /products /products /evdoEnterZio isp or by contacting Customer's Sprint Account
Representative. When the Sprint EVDO network is available and Customer uses a Sprint EVDO - compatible
device with a wireless high -speed data Business Plan, Active Units will first attempt to connect to the Sprint EVDO
network, and then default to the Sprint 1xRTT network depending on coverage and network availability. Access to
the Sprint EVDO network may require installation of separate software depending on the Product. Wireless high-
speed data throughput rates may vary depending on Customer's location at the time of use. Sprint also offers
wireless data solutions over the Nextel National Network for select Products.
1.3 Nextel Direct Connect® Features.
A. General. Nextel Direct Connect transmissions occur only between Active Units that are each . capable of
sending and receiving Nextel Direct Connect transmissions. Nextel Direct Connect transmissions do not work
simultaneously with a voice call or with active wireless data transmissions from the same Product. Nextel
Direct Connect service areas and international coverage areas are accessible through www.slrint.com or by
contacting Customer's Sprint Account Representative. Nextel Direct Connect Services are not available when
Roaming.
B. Direct Connect®. All Nextel Direct Connect Products are capable of making nationwide Direct Connect
transmissions. if Customer intentionally disables "cross fleet" functionality for Nextel Devices, then Direct
Connect service will work only with Customer's own Nextel Devices.
C. Group Connect®. Group Connect service requires a group - capable device in order to initiate and receive
Group Connect transmissions. A subscriber with a group - capable phone may create a group with any
participant, but only those subscribers with group - capable phones will be pulled into the Group Connect
transmission. Group Connect is limited to 21 total participants (including the originator). Each group must
consist entirely of either Nextel Devices or Sprint Devices.
D. International Direct Connect International Direct Connect is only available for Nextel Devices subscribed
to Direct Connect service. International Direct Connect currently includes both the ability to place Nextel Direct
Connect transmissions from the United States to users outside the United States and the ability to place and
receive Nextel Direct Connect transmissions from outside the United States in select countries.
E. Direct Send Direct Send lets a user send a picture or contact information to another subscriber using the
Nextel Direct Connect service. Direct Send is only available on select Nextel Devices.
F. NextMail®. NextMail allows a user to use Nextel Direct Connect minutes to record and send voice messages
to any e-mail address. NextMail is only available on Nextel Devices,
G. Talkgroup Talkgroup members must be from the same calling area and be established on the same fleet.
Additionally, group members must be in their home calling area to initiate or receive Talkgroup transmissions.
Talkgroup is only available for Nextel Devices and can include up to 200 total users. Emergency Talkgroup
gives the group coordinator the ability to contact and preempt all other transmissions for group members.
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H. Priority Connect®. Priority Connect allows users to preempt the use of Network resources when placing and
receiving Nextel Direct Connect transmissions. Priority Connect is available only to qualified customers (e.g.
emergency "first responders ") on specific Business Plans using Nextel Devices.
1. Direct Talk Certain Nextel Devices are capable of direct two -way radio transmissions. Direct Talk
transmissions do not use the Nextel National Network and require each user to have a Direct Talk - capable
Nextel Device using the same radio channel.
J. TeamDC TeamDC allows up to 35 nationwide group members (including the group creator), all using
Sprint Devices, to participate in a Nextel Direct Connect group transmission at the same time. The TeamDC
Talker Priority feature allows the TeamDC group originator to designate priority for certain group members to
interrupt other participants during the group transmission.
K. Call Alert. Call Alert allows a Nextel Direct Connect user to send a repeating alert to notify another Nextel
Direct Connect user that the user would like to communicate. Users of Sprint Devices may send one of 20
free, pre -written text messages with a Call Alert to provide more detail to the recipient of the Call Alert.
L. DC Permissions. DC Permissions allow a Nextel Direct Connect user to blocktallow Nextel Direct Connect
transmissions from select Individuals. DC Permissions also will block Group Connect transmissions if the
Group Connect transmission is Initiated by a blocked user. DC Permissions will not block Group Connect or
TeamDC transmissions that have a blocked party In the group. DC Permissions is only available on Sprint
Devices,
M. SMS Messaging. Nextel Direct Connect users with Sprint Devices may be prompted to send a text or voice
SMS message when a Nextel Direct Connect transmission is blocked (e.g. the other user is out of coverage,
has his /her device turned off, or is using other Services). Prompted SMS Messaging is only available for
Nextel Direct Connect transmissions between two Sprint Devices when the recipient uses a single number for
voice calls and Nextel Direct Connect service. Sprint charges for these SMS messages consistent with
Customer's Business Plan.
1.4 PowerSource Devices. PowerSource devices provide wireless voice and data Services over the Nationwide
Sprint Network and Nextel Direct Connect transmissions over the Nextel National Network. Voice and data service
is only available in coverage areas of the Nationwide Sprint Network. Nextel Direct Connect service is only
available In coverage areas of the Nextel National Network. Service features, functionality and plans vary by
PowerSource device and may not be available in all markets. Active Units upgrading to a PowerSource device
may experience changes in service availability, pooling eligibility, billing, surcharges and local calling rates.
1.5 Ready Link Ready Link is a push -to -talk service available on select Products on the Nationwide Sprint
Network. Ready Link service is no longer actively sold by Sprint, however, customers with active Ready Link
accounts may purchase additional Lines. Ready Link is not interoperable or compatible with Nextel Direct Connect
Services.
1.6 .Roaming. Business Plans that include roaming ( "Roaming Included Plans ") are not available with single -band
phones or to users residing outside an area covered by the Nationwide Sprint Network. Sprint may terminate
Service to a Corporate - Liable Active Unit if in a given month (1) more than ti00 minutes, (2) a majority of minutes,
or (3) a majority of data kilobytes are used for Roaming. International calling is not included in Roaming Included
Plans. Wireless data Services and certain calling features (voicemaii, caller ID, call waiting, Voice Command, etc.)
may not be available while Roaming. Roaming is not available on the Nextel National Network.
1.7 Modification. Sprint may modify terms and features of a wireless Business Plan with written notice to Customer.
2. CHARGES, FEES AND CREDITS.
2.1 Monthly Recurring Charges. Sprint will bill Customer for Wireless Services based on the MRC for the selected
Business Plan. Customer will incur overage charges if the minutes or megabytes used exceed the minutes or
megabytes allowed under the selected Business Plan.
2.2 Usage Charges.
A. Wireless Voice Usage.
(1) General. Outgoing call usage is calculated from the time Customer initiates contact with the Network until
the Network connection is broken or dropped, whether or not the actual connection to the intended
recipient of the call is successful. There is no call usage for outgoing voice calls that reach a busy signal,
a disconnected number or that ring continuously without making connection to the Network. Incoming call
usage is calculated from the time Customer's device connects to the Network (which is just before the
device starts ringing) until the Network connection is broken or dropped. There is no call usage for
incoming voice calls that Customer does not answer or that enter Customer's voicemall. For each
successful call, Customer will be charged a minimum of 1 minute of airtime. After the first minute, airtime
charges are rounded -up to the next second or next minute, as specified in the respective Business Plan.
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On calls that cross time periods (e.g., Anytime Minutes versus Nights and Weekends), minutes are
deducted or charged based on the call start time.
(2) Long Distance /Special Services. Customer may incur long distance charges (including international
calling) or other charges for calls to 800, 866, 877, 888 and other toll -free numbers on Business Plans
that do not include long distance. Customer also may incur charges for special Services such as directory
assistance, operator - assisted calls or call - forwarding, depending on Customer's Business Plan.
B. Wireless Data Usage.
(1) General. Data usage is calculated from the time Customer's device makes contact with the Network until
the Network connection is broken or dropped, whether or not the transmission of data is successful. Data
usage may occur on handheld devices or through devices attached to personal computers and includes
sending and receiving e-mail, browsing the Internet, accessing certain Applications, all complete, partial
or interrupted downloads and re -sent data, and unsuccessful attempts to reach websites and other
Applications and Services, including those resulting from dropped Network connections. Data usage Is
rounded up to the next whole kilobyte. Rounding occurs at the end of each separate session or each
clock hour (at the top of each hour) if the session spans more than 1 clock hour. Rounding of data usage
charges occurs at the end of each billing period and the total kilobyte charges are rounded up to the next
cent. Customer's invoice will not separately identify the number of kilobytes attributable to Customer's
use of specific sites, sessions or Services used. When traveling on the Network, a data session may end
when moving between coverage areas and a new data session initiated, although no interruption to the
actual data session will occur. Circuit - switched, modem -to -modem data calls are treated as voice calls
and use Anytime Minutes on the associated Business Plan (or are billed at casual voice rates) in lieu of
using kilobytes for data usage.
(2) Text and Numeric Messaging. Unless Customer has purchased a quantity of messages at a fixed MRC,
text and numeric messaging are charged on a per message basis. Sprint will charge Customer the per
message rate for each message that exceeds Customer's purchased quantity.
(3) Premium Services Charges. Access to, and downloading of, Premium Services is not included in the
pricing in the Agreement. Charges for Premium Services will be specified at the time of access or will be
available at www.sprint.com. Data usage charges also apply to, and are separate from, charges for
Premium Services. Even if Customer's Business Plan Includes unlimited megabytes of data, Customer
must still pay all charges associated with access or use of Premium Services. Customer may block
Corporate - Liable Active Units from, or otherwise disable them from using, Premium Services provided by
third -party content providers.
C. Nextel Direct Connect Usage.
(1) Nextel Direct Connect Transmissions.
(a) A Nextel Direct Connect transmission begins approximately when Customer presses the button to
initiate a transmission and ends approximately 6 seconds after completion of a communication (i.e.,
when Customer or another participant releases the button) to which no participant responds within 6
seconds. If a participant responds within 6 seconds, the response is calculated as part of the initial
transmission. Customer initiates a new transmission if Customer responds more than 6 seconds
after another participant completes a communication. Airtime charges apply for the entire period of
time the transmission is connected to the Network. Sprint will charge a minimum of 6 seconds for all
Nextel Direct Connect transmissions. After 6 seconds, Nextel Direct Connect airtime on a Nextel
Device is rounded up to the next second for each transmission.
(b) Airtime charges for Nextel Direct Connect transmissions are. charged to the party that initiates the
transmission and are calculated by multiplying the duration of the transmission (as calculated above)
by the applicable rate and the number of participants.
(c) For Nextel Devices, Direct Connect, International Direct Connect, Group Connect, Talkgroup,
NextMail, and Direct Send minutes of use are deducted from the Direct Connect minutes included In
Customer's Business Plan and will also incur separate surcharges if the add -on is not included in
Customer's Business Plan. Customer will Incur overage charges if the minutes used exceed the
minutes allowed under the Business Plan.
(2) Nextel Direct Connect Call Alert Transmissions. Sprint does not charge for sending or receiving Call
Alerts. A user will initiate a new push -to -talk transmission by responding to a Call Alert, even if
responding within 6 seconds of receiving the alert.
D. Roaming Charges. Voice calls made while off the Nationwide Sprint Network incur separate Roaming
charges in addition to minutes of usage, unless Roaming is Included in Customer's Sprint Business Plan.
Domestic Roaming voice rates may be set out in Customer's pricing attachment. Domestic Roaming for data
Is included in Sprint Business Plans. International Roaming rates for voice and data will vary and are
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accessible through www.sprint.com/international or by contacting Customer's Sprint Account Representative.
There may be delays in invoicing Roaming charges due to the practices of the Roaming service provider.
2.3 Upgrade Charges. If Customer changes an Active Unit device to another device using Wireless Services, Sprint
may charge Customer an upgrade charge per Active Unit changed.
2.4 Reactivation Fee. If Sprint terminates Service to a Corporate - Liable Active Unit as permitted under the Agreement
or requested by Customer, Sprint may require payment of any outstanding account balance before Sprint
reactivates Service to the affected Active Unit and Sprint may charge Customer a reactivation charge.
2.5 Credits for Redialed Calls. Sprint will provide Customer with an airtime credit of at least 1 minute for a call on a
Corporate -Uable Active Unit that is: (a) placed while in an area covered by the Network, (b) disconnected due to
Network limitations, and (c) redialed within 1 minute of disconnection. Customer must contact Sprint Customer
Care within 24 hours of the disconnection and request credit for the call.
3. BILLING AND AFFILIATES.
3.1 Invoicing. Unused Business Plan minutes and megabytes do not carry forward. In certain instances (e.g.,
Roaming charges), Sprint may invoice Customer for usage that occurred during a prior invoicing cycle, if not
previously invoiced to Customer. When Sprint invoices for usage incurred during a prior invoicing cycle, those
minutes count against minutes in the current invoicing cycle. Wireless Services billed according to a monthly flat
rate may not include itemization. Sprint may bill Customer on behalf of third parry providers of Applications that
Customer accesses through wireless Products. Customer is responsible for all charges for wireless Products and
Services associated with each Corporate - Liable Active Unit. For single payments to be applied across multiple
account numbers, Customer must identify with its payment the specific amounts paid for each account number.
3.2 Account Changes. Customer - requested changes to Business Plans or Wireless Service options may not be
effective until the following bill cycle. For Customer - initiated Wireless Service cancellations, Sprint will bill
Customer for the entire month in which Wireless Service was cancelled. When Customer changes Business Plans
during a bill cycle, minutes and megabytes will be charged under the Business Plan in effect at the time the usage
was incurred.
3:3 Customer Affiliates. If Sprint and Customer agree to permit Customer's Affiliates to purchase wireless Products
and Services under the Agreement, Customer will be responsible, financially and otherwise, for the Affiliate's
purchases, unless the Agreement says otherwise.
4. PROVISIONING AND RETURNS.
4.1 Shipping. Sprint will ship wireless Products to the delivery location specified in Customer's Order. Risk of loss to
the wireless Products passes to Customer upon the Products' arrival at the delivery location. Sprint may charge a
shipping fee to Customer based on the number and type of wireless Products and the shipping method used. Title
to the wireless Products will pass to Customer upon Sprint's receipt of payment in full for the Products.
4.2 Nonconforming Products. Customer must return nonconforming wireless Products within 30 days of receipt or
Customer will be deemed to have accepted the Products. Customer may reject wireless Products or shipments
that are visibly damaged or defective. Sprint will pay all reasonable ground transportation freight charges
associated with returns under this Nonconforming Products Section.
4.3 Returns. New and undamaged wireless Products, with original proof of purchase, may be returned to Sprint at
Customer's expense within the longer period of 30 days after purchase or as provided under state law. Sprint may
change the return policy from time to time without notice and may sell certain Products on a "no returns* basis with
notice to Customer during the sale. All accessories, hardware, materials and package inserts that came with the
wireless Product in the original Product packaging must be returned along with the wireless Product. Customer
may call Sprint Customer Care or contact its Sprint Account Representative for a return kit. Sprint cannot
exchange wireless Products through Sprint's Internet site. Upon Sprint's receipt of the returned wireless Product,
Sprint will credit Customer's account for a full refund of the original Product purchase price and activation fee
(excluding usage charges, and related taxes, fees and surcharges).
5. INSURANCE. Customer may purchase insurance to protect against loss, theft or damage involving Customer's wireless
Products. Coverage may not be available for all wireless Products and may involve a per claim deductible. Enhanced
warranty coverage is available on some wireless Products. Insurance is provided by third party insurers and not by
Sprint. If Customer selects coverage, Sprint will charge Customer a monthly premium per covered wireless Product, and
Sprint will remit the premiums to the third party Insurer on Customer's behalf. Insurance is not subject to any discounts.
Claims must be submitted directly to the third party insurer. Terms of insurance coverage are available at the point of
sale or in subsequent communications.
6. WIRELESS PRODUCTS AND SERVICES POLICIES.
6.1 Lost or Stolen Wireless Product Policy. If Customer's wireless Product is lost or stolen, Customer must notify
Sprint Customer Care promptly to deactivate the Product. Customer is responsible for all Wireless Service
charges associated with the Product before Customer notifies Sprint of the loss or theft. Sprint may require that
Customer provide evidence of the loss or theft (e.g., a police report or affidavit). If the wireless Product is later
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found, Sprint may require Customer to exchange the wireless Product for another wireless Product before
reactivating Wireless Service and, in such cases, Sprint will provide a replacement wireless Product of similar
quality at Sprint's expense.
6.2 Fraud Policy. Customer will notify Sprint's Customer Care department immediately of any suspected fraudulent
use of wireless Products or Services. Customer will cooperate with Sprint in the investigation of the incident. Sprint
will attempt to contact Customer before interrupting Wireless Services in the case of suspected fraud.
6.3 Location Based Services. If Customer downloads or accesses Location Based Services through Sprint wireless
Products and Services, Customer agrees that the Location Based Service provider may access, use and disclose
as necessary the geographic location of Customer's Product(s) pursuant to the terms of the Location Based
Service purchased by Customer. Customer must clearly, conspicuously and regularly notify all of its Employees
using Corporate - Liable Active Units upon which Customer has enabled .Location Based Services that end -user
location information may be accessed, used or disclosed in connection with the Location Based Service.
CUSTOMER WILL INDEMNIFY AND DEFEND SPRINT AGAINST ANY AND ALL THIRD PARTY CLAIMS,
LOSSES, EXPENSES, DEMANDS, ACTIONS OR CAUSES OF ACTION ARISING OUT OF CUSTOMER'S USE
OF LOCATION BASED SERVICES AND CUSTOMER'S FAILURE TO NOTIFY CORPORATE- LIABLE USERS
OF CUSTOMER'S ELECTION TO USE ANY LOCATION BASED SERVICE OR LOCATION INFORMATION ON
CORPORATE- LIABLE ACTIVE UNITS.
6.4 Premium Services Policies. In certain instances, subject to the terms of the content purchased, Sprint may
delete Premium and non - Premium items downloaded to storage areas controlled by Sprint, including any pictures,
games and other content. Sprint may impohe a dollar or other limit on Customer's use of Premium Services in a
specific timeframe (month, week, day, or other time period) based on Customer's credit.
7. WIRELESS SERVICE LIMITATIONS.
7.1 Telephone Numbers and Portability. Sprint may change the telephone number assigned to each Corporate -
Liable Active Unit with reasonable prior notice for commercial reasons, such as fraud prevention, regulatory
requirements and area code changes. Customer does not have any right of possession or title to any number, e-
mail address or other Identifier Sprint may assign to Customer's wireless Products or accounts. Customer may not
modify, change or transfer any of these identifiers except as Sprint allows or as allowed for by law. Sprint will
comply with any FCC - issued regulations that require Sprint to allow Customer to "port" or transfer its assigned
telephone numbers upon switching wireless service to another carrier. Before a telephone number previously used
with another carrier can be used on the Network, Customer must provide information about the account with the
other carrier, such as the account number, social security number or tax identification number, telephone number,
5 digit zip code and password, if applicable, and purchase wireless Products from Sprint. Until the port from the
previous carrier is successful, the Sprint wireless Product will only be able to call 911 and Sprint Customer Care.
Once the port is completed, Customer's old device will no longer work. However, due to system limitations and
Issues outside Sprint's control, some requests to port a telephone number from another carrier to Sprint,
or from Sprint to another carrier, may not be successful. If a transfer to Sprint is not successful, Customer
may return any Sprint wireless Products within the return period to receive a credit, and Customer will lose or
repay to Sprint any discounts or service credits provided with a returned Sprint wireless Product or cancelled
Wireless Service. If Customer transfers a number to another carrier before the end of any minimum term
commitment, Customer may be subject to early termination fees.
7.2 TTY Access. TTY- capable wireless Products (also known as TDD or Text Telephone) may not function effectively
when attempting 911 calls due to the limitations of the answering agency. A TTY - capable wireless device should
not be relied on for 911 calls.
7.3 Pay - Per -Call Services. Sprint will not complete calls from any wireless Product to 900, 976 and similar numbers
for pay - per -call services.
7.4 International Call Blocking. Sprint will block international calling capability unless Customer expressly requests
such capability for a Corporate - Liable Active Unit.
7.5 Caller ID. Caller identification information may not be available for all incoming calls
7.6 911 or Other Emergency Calls. For 911 calls, an emergency responder's ability to locate Customer through
wireless Products and Services may be affected by various factors, Including but not limited to, the type of wireless
Product used, lack of a GPS- enabled device, geography or other factors such as the porting process. In some
areas and depending on the equipment deployed by the local public safety answering point ( "PSAPI, 911 calls
may be routed to a state patrol dispatcher instead of the local PSAP. Calls to 911 or similar emergency numbers
cannot be placed through Voice Command, but Customer may still call 911 through manual dialing. Sprint is not
liable for failures or delays in connecting to the appropriate emergency services provider. Enhanced 911 ("E9111
service that is compatible with FCC technical requirements is not available in all areas due to PSAP equipment
capabilities. Customer consents to Sprint's disclosure of Customer information to governmental and public safety
authorities in response to emergencies. This information may include, but is not limited to, Customer's name,
address, number, and the location of the user of the Service at the time of call.
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7.7 Use of Sprint Wireless Data Services. For devices that allow multiple users to share one connection and
subscription, the wireless performance may degrade as more users are added to the single device. Use of Sprint
wireless data Services is subject to any storage, memory or other Product limitation. Network speeds (including,
but not limited to, data delivery and latency rates) are estimates based on averages. Actual performance may
vary, and no minimum speed is guaranteed. Wireless data Services may not be available when Roaming and are
not currently available In certain portions of select market areas within the Network. Customer acknowledges that
use of certain wireless data Services, including some messaging services, may result in the disclosure to third
parties of the user's email address and other information in connection with the user's Internet usage. As a result,
Customer may receive advertising, warnings, alerts and other messages, Including broadcast messages. Sprint
reserves the right to limit or suspend any heavy, continuous data usage that is adversely impacting Network
performance or hindering access to the Network. Sprint reserves the right to limit throughput speeds or the amount
of data transferred, and deny, terminate, disconnect or suspend wireless data Service, for Customer's mobile
broadband cards, USB modems, embedded modems, or phones subscribed to a phone as modem Business Plan,
with data usage exceeding 5 GB /month in total, or 300 MB /month while Roaming.
7.8 Compatibility of Wireless Products and Services. Wireless Products may not be compatible with services
provided by other wireless carriers, except for services provided over Sprint Service Provider Affiliate networks or
in connection with Roaming agreements. Sprint phones have a software programming lock that protects certain of
the handset's operating parameters against unauthorized reprogramming. Information and eligibility requirements
for obtaining the software program lock code for Customer's Sprint phones are available at www.sprint.com or by
calling 1- 888 -211 -4727. Sprint does not guarantee current or future compatibility of wireless Products or Services
with third party products or Applications. Apparent compatibility or notice from Sprint of compatibility is not a Sprint
endorsement of a third parry product or Application. Unless otherwise stated in the Agreement, Sprint may, in its
sole discretion and at any time, disable or discontinue use of any third party product or Application with the
wireless Products or Services.
8. LIMITATION OF LIABILITY FOR WIRELESS SERVICE PROBLEMS AND PRODUCT FAILURES.
8.1 Conditions Affecting Wireless Service. Sprint is not liable for (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; or (c) outages or Wireless Service disruptions occurring as a result of a public
safety emergency.
8.2 Wireless Service Outages and Product Failures. Notwithstanding anything to the contrary in the Agreement,
Sprint's maximum liability for any loss or damage arising out of a Wireless Service outage or wireless Product
failure is limited to: (a) a prorated portion of the applicable MRC based on the time period Wireless Services are
not available, and (b) a refund of the net purchase price of affected wireless Products.
9. DEFINITIONS.
9.1 "Active Unit" or "Line" is an active piece of wireless Product.
9.2 "Anytime Minutes" are the Network minutes of use that are available in a Business Plan that may be used at
anytime other than during Nights and Weekends.
9.3 "Applications" include email, and data, information and other wireless Internet services.
9.4 "Business Plans" are Sprint and Nextel wireless service plans for business customers. Certain Business Plan
options are priced in the Agreement or Customer may select from any other available Business Plans, subject to
the terms and pricing of that Business Plan.
9.5 "Corporate - Liable Active Unit" or "Customer Line" refers to an Active Unit (a) activated by Customer for
Customer's end use, (b) enrolled in a Business Plan, and (c) for which Customer is financially liable.
9.6 "Domestic Roaming" means Roaming on networks within the United States, Puerto Rico and U.S. Virgin Islands
where Sprint has a roaming relationship with the carrier.
9.7 "Employee" is a person In the service of Customer and from whom Customer withholds FICA (Federal Insurance
Contributions Act) contributions from such person's gross pay.
9.8 "Individual - Liable Active Unit" or "Employee Line" is an Active Unit activated by an Employee and for which the
Employee is financially responsible.
9.9 "Location Based Service" means any Service or Application that uses, accesses, tracks or discloses the location
of an Active Unit.
9.10 "MRC" means monthly recurring charge.
9.11 "Nationwide Sprint Network" Is the Sprint -owned or controlled CDMA wireless network, including network owned
or controlled by Sprint Service Provider Affiliates, used by Sprint to provide Sprint Services.
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9.12 "Network" includes both the Nationwide Sprint Network and the Nextel National Network.
9.13 "Nextel Device" means a Product that uses the Nextel National Network for Nextel Direct Connect service,
including a PowerSource device.
9.14 "Nextel National Network" is the Sprint -owned or controlled iDEN wireless network, including network owned or
controlled by Nextel affiliates or partners, used by Sprint to provide Nextel Services.
9.15 "Nextel Services" means wireless Services provided by Sprint on the Nextel National Network using OEN
technology.
9.16 "Nights and Weekends" means Monday through Thursday 9:00 p.m. to 7:00 a.m. and Friday 9:00 p.m. to
Monday 7:00 a.m., unless either the Nights and Weekends at 6pm option or Nights and Weekends at 7pm option
is selected. "Nights and Weekends at 6pm" means Monday through Thursday 6:00 p.m. to 7:00 am. and Friday
6:00 p.m. to Monday 7:00 a.m. "Nights and Weekends at 7pm" means Monday through Thursday 7:00 p.m. to
7:00 a.m. and Friday 7:00 p.m. to Monday 7:00 a.m. The time used to determine Nights and Weekends eligibility is
the local time where the wireless Product is located when an inbound or outbound call originates.
9.17 "Premium Services" means downloads and Applications, such as games, ringers and screen savers, available
through wireless data Services that are above and beyond basic data usage.
9.18 "Roaming" means voice or data service provided on another wireless carrier's network through agreements
established by Sprint.
9.19 "Sprint Device" means a Product that uses the Nationwide Sprint Network for Nextel Direct Connect service.
9.20 "Sprint Service Provider Affiliate" means an entity that has entered into an arrangement with Sprint to construct
wireless network coverage, perform operational functions In defined geographic areas, and provide mobile
wireless telecommunications products and services under the "Sprint" service marks or any other service marks
subsequently used by Sprint. "Sprint Service Provider Affiliate Market" means the regions of the United States
covered by Sprint Service Provider Affiliates.
9.21 "Sprint Services" means wireless Services provided by Sprint and authorized Sprint Service Provider Affiliates on
the Nationwide Sprint Network using CDMA technology.
9.22 "Voice Command" is a web based Application that allows users to dial calls using verbal commands.
9.23 "Wireless Services" includes Nextel Services and Sprint Services.
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ATTACHMENT EE -C
SPRINT PCS DATA LINK
PRODUCT ANNEX
1. DESCRIPTION
1.1 Sprint PCS Data Link requires a dedicated connection between the Nationwide Sprint PCS Network and
Customer's wireline network. Customer has three options for this dedicated connection: MPLS VPN, IP VPN or
SprintLink Frame Relay, A Sprint Mobile Broadband device (Connection Card or USB Modem), certified OEM
(Original Equipment Manufacturer) data device or certified telemetry device is used to connect wirelessly to
Customer's wireline network.
1.2 Connection from the wireless device is established through a user name and password - protected login. Keying
on the domain portion of the user name — for example, @yourcompany.com — the Sprint PCS AAA Server
proxies authentication to the AAA Server hosted by Sprint, or to the AAA behind Customer's firewall through a
secure VPN tunnel or SprintLink Frame Relay PVC that's established between the Nationwide Sprint PCS
Network and the Customer's wireline network. Once the AAA Server completes device authentication, Sprint
assigns an IP Address to the device. Wireless access to Customer's network is then available via the VPN or
SprintLink Frame Relay PVC.
2. IMPLEMENTATION OPTIONS; USAGE
2.1 Customer must choose either the Sprint PCS Data Link via MPLS VPN, IP VPN or the Sprint PCS Data Link via
SprintLink Frame Relay; however, SprintLink Frame Relay service is the only implementation option for Sprint
PCS Data Link available under this Agreement and will only be sold under this Agreement in conjunction with a
Sprint PCS Data Link solution. Customers choosing Sprint PCS Data Link via either MPLS VPN or IP VPN must
sign a separate wireline service agreement with Sprint for those services.
2.2 Once the Participating Addendum or purchase order is executed, Sprint will start the implementation process
designed to support the Sprint PCS Data Link component of Customer's services. During this process, the
Sprint Business Implementation Management team will work with Customer to develop an implementation
timeline that will be jointly agreed to prior to the execution of the implementation process. This timeline will
include target delivery dates for all service components. Customer may be responsible for implementation
charges.
Option 1 - Sprint PCS Data Link via IP VPN
This Service will allow Customer to connect its network with the Nationwide Sprint PCS Network via IPSec VPN
over the Internet. Sprint uses the IPSec protocol to encapsulate Customer's data in secure IP packets for
transport across the internet. Customer's data will also be encrypted using the 3DES encryption algorithm.
Customer must have a VPN appliance that is capable of terminating IPSec protocol, and AAA (Authentication,
Authorization and Accounting) server running RADIUS, and Internet Access.
Option 2 - Sprint PCS Data Link via SprintLink Frame Relay
This Service will allow Customer to connect its network to the Nationwide Sprint PCS Network by using a
SprintLink Frame Relay virtual circuit (PVC).
Option 3 - Sprint PCS Data 'Link via MPLS VPN
This Service will allow Customer to connect its network to the Nationwide Sprint PCS Network via a network
based IP VPN across Sprint's IP /MPLS backbone.
2.3 Use of Sprint PCS Data Link requires certain certified devices and software, including Sprint Mobile Broadband
Devices and Sprint Connection Manager ( "SCM ") Software, which are subject to software, memory, storage or
other limitations. Not all applications and services work, or work the same, on all Sprint PCS Data Link enabled
devices.
2.4 In the standard implementation, Sprint PCS Data Link is not available when roaming off the Nationwide Sprint
PCS Network. if Customer chooses to use the Sprint PCS Data Link in a roaming environment, Customer is
responsible for protecting its own information and for its own privacy. Sprint is not responsible for any lost
Customer data, information, or materials while roaming in a non - Sprint network. The Customer agrees that
Sprint is not responsible for any breach of corporate information while using Sprint PCS Data Link when
roaming.
2.5 Sprint is not responsible for any opinions, advice, statements, services applications or other information
provided by third parties and accessible through Sprint PCS Data Link. Neither Sprint nor its vendors or
licensors guarantees the accuracy, completeness or usefulness of information that is obtained through Sprint
PCS Data Link. Sprint Is not responsible for any lost Customer data, information, or materials. Customer is
responsible for evaluating such content. Connections to the Internet via Sprint PCS Data Link may result in the
disclosure to others of the user's email address and other personal information. Customer is responsible for
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protecting its own information and for its own privacy and acknowledges that due to such disclosures, its users
may receive advertising, warnings, alerts and other messages, including broadcast messages.
3. 1P Addressing Options; Sprint Hosted Authentication Service
3.1 Customer Specific IP Addresses. Customer can designate a range of private IP Addresses to be assigned to
their mobile users. Sprint offers either static IP addresses or dynamic IP addresses.
A. Static IP Address. Each time a Sprint PCS Data Link device authenticates and connects to the network, the
network will assign the same IP Address to the device from the designated range.
B. Dynamic IP Address. Each time the Sprint PCS Data Link device authenticates and connects to the
network, the network will dynamically assign an 1P Address to the device from the designated range. The IP
address is released back to the customer specific IP Address pool upon disconnection from the network.
3.2 Sprint PCS Data Link - Hosted RADIUS Authentication Service. Sprint's Hosted RADIUS Authentication
service provides Customer a hosted username and password management solution for their remote access
users. Remote users authenticate on one of two redundant Sprint AAA (Authentication, Authorization, and
Accounting) servers while remote access administrators facilitate username /password management, of multiple
transports types, on a single Sprint hosted Remote Access Authentication System (RAAS) or tool.
Authentication database — Native RADIUS, Active Directory, LDAP, any SOL -based solution.
A. Redundant Sprint AAA servers are located in Lenexa, KS. and Lee Summit, MO. The RAAS application is
Oracle based and is located in a highly secure strong DMZ environment in Lenexa, KS.
B. Authentication administrators through the RAAS system will have the ability to:
(1) Change passwords for existing users
(2) Control the addition and deletion of users (up to the maximum limit purchased)
(3) Control RADIUS authentication via policy management and profile groups
(4) Reset forgotten passwords
(5) Sprint provides authentication administrators RAAS Tier 1 support for application questions
(6) Sprint maintains the server infrastructure providing both AAA RADIUS authentication and
username /password management (RAAS)
4. PARTIES' RESPONSIBILITIES. In addition to the parties responsibilities outlined in the Agreement, the parties commit
to the following:
4.1 Customer must:
A. Provide a Customer- owned, ARIN- registered domain (e.g., acme.com) for designating routing through the
Nationwide Sprint PCS Network.
B. If Customer does not subscribe to Sprint's Hosted RADIUS Authentication service, Customer must provide
a AAA server that runs the RADIUS protocol and support RADIUS (UDP port 1812 -auth and 1813 -
accounting) and MD5 CHAP AAA service must either utilize public IP addresses or NAT. Sprint PCS Data
Link must utilize either (a) public IP addresses or (b) NAT.
C. Provide and provision user profiles (usernames and passwords) on Sprint or Customer - provided AAA
server. Customer will also be responsible for configuring their AAA server.
D. Provide a VPN termination appliance or appliances that can support two IPSec connections (VPN Option
only)
E. Provide a connection from VPN appliance or appliances to the Internet (VPN Option only)
F. Configure their VPN appliance or appliances to establish two IPSec tunnels to Sprint's redundant VPN
gateways (VPN Option only)
G. Configure their AAA server, Internal routers, router(s), and firewall as part of the initial set up of Sprint PCS
Data Link. Customer will exchange AAA shared secret values with Sprint in order to set up proxy
authentication between AAA servers.
H. Provide a designated contact person(s) to meet with Sprint as needed to discuss issues relating to Sprint
PCS Data Link and appropriate subject -matter experts and/or administrators of the VPN appliance, Frame
Relay Access Device ( "FRAD "), the AAA server, internal router, and customer firewall. Administrators will be
readily available to assist Sprint in the setup and troubleshooting of any bugs or issues. If necessary,
Page 11 of 13
Customer will also be responsible for escalating to any vendor of Customer equipment in the case that
Customer subject -matter experts are unable to configure a device or resolve an issue or bug.
I. Make the appropriate subject -matter experts available and will be responsible for providing contact
information for those individuals.
J. Configure its network system to allow Sprint to authenticate the Sprint Mobile Broadband Device (Connection
Card or USB Modem), certified OEM (Original Equipment Manufacturer) data device or certified telemetry
device to allow access to Customer's application systems to be wirelessly accessed by Customer's end -
users.
4.2 Sprint will provide:
A. SprintLink Frame Relay port and PVC or MPLS VPN port, local access service, and router , as needed and
as agreed to in the Participating Addendum or purchase order;
B. Up to two appropriate resources for deploying and supporting Sprint PCS Data Link;
C. Issue tracking during implementation
D. Process for Customer to contact deployment and support personnel.
E. Instruction and guidance on the configuration of the VPN appliance, FRAD, AAA server, firewall, and users.
F. A customized copy of the Sprint Connection Manager software.
5. SPRINT CONNECTION MANAGER SOFTWARE
5.1 Ownership. SCM Software is the property of or is licensed to Sprint. Sprint retains all rights, title and interest in
and to the SCM and any copies thereof, including all improvements, updates, modifications, or enhancements to
the SCM (including any changes which incorporate any ideas, feedback or suggestions of Customer). All rights
not specifically granted to Customer herein will be reserved to Sprint.
5.2 License Grant. Sprint grants Customer a temporary, nonexclusive, nontransferable, revocable license to use
SCM and associated applications solely for the Services provided under the Agreement during the term thereof.
Any other use of the SCM and associated applications is expressly prohibited.
6. CUSTOMER RESTRICTIONS
6.1 Customer will not;
A. Modify, translate, adapt, reverse engineer, decompile, disassemble, or otherwise translate or create
derivative works based on Sprint PCS Data Link or SCM, except to the extent expressly permitted by
applicable law (and then only upon advance written notice to Sprint).
B. Use Sprint PCS Data Link or SCM to provide any facility management, time sharing, service bureau, or
other similar services to third parties.
C. Rent, lease or sublicense Sprint PCS Data Link or the SCM to a third party. Any attempted rental, lease or
sublicense in violation of this Agreement will be void.
D. Release benchmarks or other comparisons of Sprint PCS Data Link or distribute, disclose, market, or
transfer any information (i) relating to the results of Customer's use of Sprint PCS Data Link including the
performance, function, use or quality of Sprint PCS Data Link, or the existence of defects, bugs, or
deficiencies of any kind in Sprint PCS Data Link; or (ii) contained in any documentation, report, or
questionnaire of Sprint.
7. SPRINT PCS DATA LINK SUPPORT MODEL
7.1 Customer Support (Tier 1)
A. If a user of Sprint PCS Data Link has a problem accessing the customer's enterprise systems, that user
must first contact the Customer's help desk or support group per the procedures outlined and
communicated during initial rollout of Sprint PCS Data Link.
B. Customer will provide Tier 1 support for its users of Sprint PCS Data Link Including: taking the initial call,
gathering critical information, and initiating the triage process. If triage is unsuccessful, then the designated
help desk or support group should escalate via a phone call to the Sprint Tier 2 Technical Support group for
additional support.
7.2 Sprint Customer Solutions Support (Tier 2)
A. The Sprint Tier 2 Technical Support group will receive calls from the designated Customer Help Desk or
support group personnel. This support model establishes a single point of communication and ensures
Page 12 of 13
customer Help Desk or support group personnel are aware of the status of any open issues and can
Implement any ad -hoc triage plans or processes. The Sprint Tier 2 specialist will act as a liaison to the
technical support personnel who will work to resolve any and all open issues based on their assigned
severity levels.
B. If Customer's Help Desk or support group personnel experiences problems or are unable to triage any
issues with the Sprint PCS Data Link product, they will need to contact the Sprint Tier 2 Technical Support
group via a telephone call to communicate the Issue and open a trouble ticket. Sprint Tier 2 Technical
Support is available 24 hours a day, seven days a week for Sprint PCS Data Link support at the Sprint -
provided technical support contact numbers.
C. When Customer calls the Customer Service Center (CSC), the following information will need to be
provided (at a minimum):
(1) What is Customer's name?
(2) Is the caller available 24X7? If not is there an alternate contact?
(3) Contact's phone number
(4) What type of problem is the customer having?
(5) What Sprint PCS Data Link SCM software version is the customer using?
(6) How many users are affected?
(7) What error message is being described? If none describe symptom
(8) Describe the troubleshooting steps taken
(9) Is the activation greater than 36 hours?
(10) Is the customer trying to connect by pressing "Connect" or "Go" on the Sprint PCS Data Link SCM
software and the error then occurs? Or are they trying to log Into a specific application after they have
been connected and then receive the error?
(11) What data activities were you able to perform?
(12) Number of failed attempts?
(13) Computer or device type?
(14) Call direction — stationary or moving?
(15) What is the user's realm? (information after the " @" sign)
(16) What type of Sprint Moblle Broadband (Connection Card or USB Modem), certified OEM (Original
Equipment Manufacturer) data device or certified telemetry device are you using?
D. The Sprint Tier 2 Technical Support Specialist will provide Customer the assigned severity code for the
issue, a ticket number, and Information regarding when you will be contacted next and by whom. If the call
Is not your initial one, please have your existing trouble ticket number available for the Sprint Tier 2 Support
Specialist.
Page 13 of 13
Sprint Ref. #BSG0902 -0436
fur Purchasing Use Only:
11MCONTRACT #1523
AMENDMENT #5 TO CONTRACT
Between the State of Nevada
Acting By and Through Its
Various State Agencies
Monitored By: Department of Administration
Purchasing Division
515 E Musser Street, Room 300
Carson City NV 89701
Contact: Teri Smith, Senior Buyer
Phone: (775) 684- 0178 • Fax: (775) 684 -0188
Email: tlsmith((Dpurchasing.state.nv.us
And
Sprint Solutions, Inc.
2001 Edmund Halley Drive
Reston VA 20191
Mailstop: VARESP0203
Contact: Michaela Clairmonte, WSCA Contract Manager
Phone: (703) 433 -8581 • Fax: (703) 433 -8798
Email: micliaela.clairmontena sprint.com
1. AMENDMENTS For and in consideration of mutual promises and /or their valuable consideration, all provisions of the
original contract, as previously amended by Amendment #1, Amendment #2, Amendment #3 and Amendment #4 to
Contract, resulting from RFP #1523 dated October 10, 2006, attached hereto as Exhibit A (collectively, the "Contract "),
remain in full force and effect with the exception of the following:
1.1 The Contract is amended by deleting Section 3, Contract Term in its entirety and replacing with the
following:
CONTRACT TERM. This Contract shall be effective October 10, 2006 to October 31, 2011, unless sooner
terminated by either party as specified in paragraph (10).
1.2 The parties agree that in addition to the services already offered under theContract, Contractor will provide
Sprint 4G Services (as defined in the attached revised Attachment EE -B) at the Percentage Discount on
Standard Retail Rates for Rate Plans as set forth In Section 6 of theContract, unless otherwise stated in the
terms and conditions of the Sprint 4G Services rate plan(s). The terms and conditions of the Sprint 4G
Services rate plan(s) will apply to the use of the Sprint 4G Services. WSCA Participating Entities may
purchase Sprint 4G compatible devices at the Flat Rate Price (as defined in Section 6 of the Contract).
1.3 Attachment EE of the Contract ( "Contractor's Services /Product Annexes ") is amended by deleting
Attachment EE-13 In its entirety and replacing with Attachment EE-13 Wireless Services Product Annex
attached hereto.
2. INCORPORATED DOCUMENTS. Exhibit A (Contract) is attached hereto, incorporated by reference herein and made a
part of this amended contract.
3. REQUIRED APPROVAL. This amendment to the Contract shall not become effective until and unless approved by the
Nevada State Board of Examiners.
Page 1 of 10
IN ITNESS WHEREOF, the parties hereto have caused this amendment to the Contract to be signed and intend to be legally
bo thereby .
a d� Senior Vice President, General Business & Public Sector
inde n ent Contrac s Signature ate Independent's Contractor's Title
Jaim4 Al Jones
624� 1v
Greg Smith Date
N wo''
Approved as to form by:
Deputy Attorney Generarfoo/Alitorney Oeneral
Sprint— Approved P &CA`
as to Legal Form pJM
KAC —19 Feb 2010 2/22
Administrator, Purchasing Division
Title
APPROVED BY BOARD OF EXAMINERS
On 3'ZZ "iU
(Date)
On l r —M e." "c)
(Date)
Page 2 of 10
ATTACHMENT EE -B (Revised)
WIRELESS SERVICES PRODUCT ANNEX
1. BUSINESS PLAN FEATURES, POWERSOURCETm DEVICES AND OPTIONS.
1.1 Wireless Voice Features.
A. General. Wireless voice Services are provided on the Sprint Networks. Wireless voice service areas and
international coverage areas may change and are accessible through www.sprint.com or by contacting
Customer's Sprint Account Representative. Wireless voice Services are not available on the Sprint 4G
Network.
B. Shared Minutes. Customer must have a minimum of 2 Corporate - Liable Active Units in a Shared Minute
group. All Corporate - Liable Active Units using the Shared Minutes option must subscribe to a Business Plan
with Anytime Minutes. Data -only Business Plans are not eligible for the Shared Minutes option. After a
Corporate - Liable Active Unit in a Shared Minute group has exhausted all Anytime Minutes in its Business
Plan, the Corporate - Liable Active Unit's additional airtime minutes are billed at the overage rate defined in
the associated Business Plan. Eligible Business Plans are available by contacting Customer's Sprint
Account Representative.
C. Sprint® Mobile -to- Mobile. "Sprint Mobile -to- Mobile" means voice calls from one Active Unit on the
Nationwide Sprint Network or Nextel National Network to another Active Unit on the Nationwide Sprint
Network or Nextel National Network. With this feature, Customer may use an unlimited number of minutes
each.month to make or receive calls on the Nationwide Sprint Network or Nextel National Network between
Sprint and Nextel phones. Sprint Mobile -to- Mobile calling does not apply to calls to check voicemail, to
obtain directory assistance, or placed through indirect calling methods, and is not available when Roaming.
D. Additional Lines for Pooling. The Additional Lines for Pooling feature allows Customer to activate a
Corporate - Liable Active Unit on a Business Plan with Anytime Minutes and add up to 5 additional Corporate -
Liable Active Units (each, a "Secondary Line ") to that Business Plan.. The Additional Lines for Pooling
option is not available with all voice Business Plans. Eligible Business Plans are available by contacting
Customer's Sprint Account Representative.
E. Pooled Anytime Minutes. Business Plans with pooled Anytime Minutes only pool voice minutes for use for
Corporate - Liable Active Units on the same billing account. Pooled Anytime Minutes from one Business Plan
may not pool with Anytime Minutes from a different Business Plan.
1.2 Wireless Data Features. Sprint provides wireless data solutions and Services over the Nationwide Sprint
Network, the Sprint Mobile Broadband Network, and the Sprint 4G Network in certain coverage areas. Coverage
areas may change and are accessible through www.si)rint.com /coverage or by contacting Customer's Sprint
Account Representative. When the Sprint Mobile Broadband Network is available and Customer uses a Sprint
EVDO - compatible device with a wireless high -speed data Business Plan, Active Units will first attempt to connect
to the Sprint Mobile Broadband Network, and then default to the Nationwide Sprint Network depending on
coverage and network availability. When the Sprint 4G Network is available and Customer uses a Sprint 4G-
compatible device with a Business Plan for Sprint 4G Services, Active Units will first attempt to connect to the
Sprint 4G Network, and then default to the Sprint Mobile Broadband Network or Nationwide Sprint Network
depending on coverage and network availability. Access to the Sprint Mobile Broadband Network or the Sprint
4G Network may require installation of separate software depending on the Product. Wireless high -speed data
throughput rates may vary depending on Customer's location at the time of use and other factors. Sprint also
offers wireless data solutions over the Nextel National Network for select Products.
1.3 Nextel Direct Connect® Features.
A. General. Nextel Direct Connect transmissions occur only between Active Units that are each capable of
sending and receiving Nextel Direct Connect transmissions. Nextel Direct Connect transmissions do not
work simultaneously with a voice call or with active wireless data transmissions from the same Product.
Nextel Direct Connect service areas and international coverage areas may change and are accessible
through www.sprint.com or by contacting Customer's Sprint Account Representative. Nextel Direct Connect
Services are not available when Roaming and are not available on the Sprint 4G Network.
B. Direct Connect& All Nextel Direct Connect Products are capable of making nationwide Direct Connect
transmissions. If Customer intentionally disables "cross fleet" functionality for Nextel Devices, then Direct
Connect service will work only with Customer's own Nextel Devices.
C. Group Connect ®. Group Connect service requires a group - capable device in order to initiate and receive
Group Connect transmissions. A subscriber with a group - capable phone may create a group with any
participant, but only those subscribers with group - capable phones will be pulled into the Group Connect
transmission. Group Connect is limited to 21 total participants (including the originator). Each group must
consist entirely of either Nextel Devices or Sprint Devices.
Page 3 of 10
D. International Direct Connect International Direct Connect is only available to Nextel Devices also
subscribed to Direct Connect service. International Direct Connect currently includes both the ability to place
Nextel Direct Connect transmissions from the United States to users outside the United States and the ability
to place and receive Nextel Direct Connect transmissions from outside the United States in select countries.
E. Direct Send Direct Send lets a user send a picture or contact information to another subscriber using the
Nextel Direct Connect service. Direct Send is only available on select Nextel Devices.
F. NextMail ®. NextMail allows a user to use Nextel Direct Connect minutes to record and send voice
messages to any e-mail address. NextMail is only available on Nextel Devices,
G. Talkgroup Talkgroup members must be from the same calling area and be established on the same
fleet. Additionally, group members must be in their home calling area to initiate or receive Talkgroup
transmissions. Talkgroup is only available for Nextel Devices and can include up to 200 total users.
Emergency Talkgroup gives the group coordinator the ability to contact and preempt all other
transmissions for group members.
H. Priority Connect®. Priority Connect allows users to preempt the use of Nextel National Network resources
when placing and receiving Nextel Direct Connect transmissions. Priority Connect is available only to
qualified customers (e.g. emergency "first responders ") on specific Business Plans using Nextel Devices.
I. Direct Talk Certain Nextel Devices are capable of direct two -way radio transmissions. Direct Talk
transmissions do not use the Nextel National Network and require each user to have a Direct Talk- capable
Nextel Device using the same radio channel.
J. TeamDC TeamDC allows up to 35 nationwide group members (including the group creator), all using
Sprint Devices, to participate in a Nextel Direct Connect group transmission at the same time. The TeamDC
Talker Priority feature allows the TeamDC group originator to designate priority for certain group members to
interrupt other participants during the group transmission.
K. Call Alert. Call Alert allows a Nextel Direct Connect user to send a repeating alert to notify another Nextel
Direct Connect user that the user would like to communicate. Users of Sprint Devices may send one of 20
free, pre - written text messages with a Call Alert to provide more detail to the recipient of the Call Alert.
L. DC Permissions. DC Permissions allow a Nextel Direct Connect user to block/allow Nextel Direct Connect
transmissions from select individuals. DC Permissions also will block Group Connect transmissions if the
Group Connect transmission is initiated by a blocked user. DC Permissions will not block Group Connect or
TeamDC transmissions that have a blocked party in the group. DC Permissions is only available on Sprint
Devices.
M. SMS Messaging. Nextel Direct Connect users with Sprint Devices may be prompted to send a text or voice
SMS message when a Nextel Direct Connect transmission is blocked (e.g. the other user is out of coverage,
has his /her device turned off, or is using other Services). Prompted SMS Messaging is only available for
Nextel Direct Connect transmissions between two Sprint Devices when the recipient uses a single number
for voice calls and Nextel Direct Connect service. Sprint charges for these SMS messages consistent with
Customer's Business Plan.
1.4 PowerSource Devices. PowerSource devices provide wireless voice and data Services over the Nationwide
Sprint Network and Sprint Mobile Broadband Network, and Nextel Direct Connect transmissions over the Nextel
National Network. Voice and data service is only available in coverage areas of the Nationwide Sprint Network or
Sprint Mobile Broadband Network. Nextel Direct Connect service is only available in coverage areas of the Nextel
National Network. Service features, functionality and plans vary by PowerSource device and may not be available
in all markets. Active Units upgrading to a PowerSource device may experience changes in service availability,
pooling eligibility, billing, surcharges and local calling rates.
1.5 Roaming. Business Plans that include roaming ('Roaming Included Plans ") are not available with single -band
phones or to users residing outside an area covered by the Nationwide Sprint Network. Sprint may terminate
Service to a Corporate - Liable Active Unit if in a given month (1) more than 800 minutes, (2) a majority of minutes,
or (3) a majority of data kilobytes are used for Roaming. International calling is not included in Roaming Included
Plans. Wireless data Services and certain calling features (voicemail, caller ID, call waiting, etc.) may not be
available while Roaming. Roaming areas may change and Roaming may not be available everywhere; visit
www.sprint.com /coverage for details. Roaming is not available on the Nextel National Network or on the Sprint
4G Network.
1.6 Modification. Sprint may modify terms and features of a wireless Business Plan with written notice to Customer.
2. CHARGES, FEES AND CREDITS.
2.1 Monthly Recurring Charges. Sprint will bill Customer for Wireless Services based on the MRC for the selected
Business Plan. Customer will incur overage charges if the minutes or megabytes used exceed the minutes or
megabytes allowed under the selected Business Plan. Notwithstanding the foregoing, if Customer purchases
Page 4 of 10
Sprint 4G Services on a non - recurring charge basis (i.e., Customer pays a one time charge for use of Sprint 4G
Services for a limited time), Customer will be subject to the terms and conditions provided to Customer at the
time of purchase.
2.2 Usage Charges.
A. Wireless Voice Usage.
(1) General. Outgoing call usage is calculated from the time Customer initiates contact with the Sprint
Networks until the connection to the Sprint Networks is broken or dropped, whether or not the actual
connection to the intended recipient of the call is successful. There is no call usage for outgoing voice
calls that reach a busy signal, a disconnected number or that ring continuously without making
connection to the Sprint Networks. Incoming call usage is calculated from the time Customer's device
connects to the Sprint Networks (which is just before the device starts ringing) until the connection to the
Sprint Networks is broken or dropped. There is no call usage for incoming voice calls that Customer
does not answer or that enter Customer's voicemail. For each successful call, Customer will be charged
a minimum of 1 minute of airtime. After the first minute, airtime charges are rounded -up to the next
second or next minute, as specified in the respective Business Plan. On calls that cross time periods
(e.g., Anytime Minutes versus Nights and Weekends), minutes are deducted or charged based on the
call start time.
(2) Long Distance /Special Services. Customer may incur long distance charges (including international
calling) or other charges for calls to 800, 866, 877, 888 and other toll -free numbers on Business Plans
that do not include long distance. Customer also may incur charges for special Services such as
directory assistance, operator- assisted calls or call - forwarding, depending on Customer's Business
Plan.
(3) Mobile Termination Charges. Sprint may impose on Customer charges or surcharges for terminating a
call to other wireless carriers, such as international mobile termination charges. The amount of the
charges and surcharges imposed may vary.
B. Wireless Data Usage.
(1) General. Data usage is calculated from the time Customer's device makes contact with the Sprint
Networks or Sprint 4G Network until the respective network connection is broken or dropped, whether or
not the transmission of data is successful. Data usage may occur on any device capable of data
transmission, including handheld devices and devices attached to or embedded in computers and
includes sending and receiving e-mail, browsing the Internet, accessing certain Applications, all
complete, partial or interrupted uploads or downloads and re -sent data, and unsuccessful attempts to
reach websites and other Applications and Services, including those resulting from dropped network
connections. Data usage is rounded up to the next whole kilobyte. Rounding occurs at the end of each
separate session or each clock hour (at the top of each hour) if the session spans more than 1 clock
hour. Rounding of data usage charges occurs at the end of each billing period and the total kilobyte
charges are rounded up to the next cent. Customer's invoice will not separately identify the number of
kilobytes attributable to Customer's use of specific sites, sessions or Services used. When traveling
within the Sprint Networks, a data session may end when moving between coverage areas and a new
data session initiated, although no interruption to the actual data session will occur. When traveling
between the Sprint Networks and the Sprint 4G Network, a data session will end and a new data
session will be initiated. Circuit- switched, modem -to -modem data calls are treated as voice calls and
use Anytime Minutes on the associated Business Plan (or are billed at casual voice rates) in lieu of
using kilobytes for data usage. Circuit - switched, modem -to -modem data calls are not available on the
Sprint 4G Network.
(2) Text and Numeric Messaging. Unless Customer has purchased a quantity of messages at a fixed
MRC, text and numeric messaging are charged on a per message basis. Sprint will charge Customer
the per message rate for each message that exceeds Customer's purchased quantity. Text and
numeric messaging are not available on the Sprint 4G Network.
(3) Premium Services Charges. Access to, and downloading of, Premium Services is not included in the
pricing in the Agreement. Charges for Premium Services will be specified at the time of access or will be
available at www.sprint.com. Data usage charges also apply to, and are separate from, charges for
Premium Services. Even if Customer's Business Plan includes unlimited megabytes of data, Customer
must still pay all charges associated with access or use of Premium Services. Customer may block
Corporate - Liable Active Units from, or otherwise disable them from using, Premium Services provided
by third -party content providers.
Page 5 of 10
C. Nextel Direct Connect Usage.
(1) Nextel Direct Connect Transmissions.
(a) A Nextel Direct Connect transmission begins approximately when Customer presses the button to
initiate a transmission and ends approximately 6 seconds after completion of a communication (i.e.,
when Customer or another participant releases the button) to which no participant responds within 6
seconds. If a participant responds within 6 seconds, the response is calculated as part of the initial
transmission. Customer initiates a new transmission if Customer responds more than 6 seconds
after another participant completes a communication. Airtime charges apply for the entire period of
time the transmission is connected to the Sprint Networks. Sprint will charge a minimum of 6
seconds for all Nextel Direct Connect transmissions. After 6 seconds, Nextel Direct Connect airtime
on a Nextel Device is rounded up to the next second for each transmission.
(b) Airtime charges for Nextel Direct Connect transmissions are charged to the party that initiates the
transmission and are calculated by multiplying the duration of the transmission (as calculated
above) by the applicable rate and the number of participants.
(c) For Nextel Devices, Direct Connect, International Direct Connect, Group Connect, Talkgroup,
NextMail, and Direct Send minutes of use are deducted from the Direct Connect minutes included
in Customer's Business Plan and will also incur separate surcharges if the add -on is not included in
Customer's Business Plan. Customer will incur overage charges if the minutes used exceed the
minutes allowed under the Business Plan.
(2) Nextel Direct Connect Call Alert Transmissions. Sprint does not charge for sending or receiving Call
Alerts, A user will initiate a new push -to -talk transmission by responding to a Call Alert, even if
responding within 6 seconds of receiving the alert.
D. Roaming Charges. Voice calls made while off the Nationwide Sprint Network incur separate Roaming
charges in addition to minutes of usage, unless Roaming is included in Customer's Sprint Business Plan.
Domestic Roaming voice rates may be set out in Customer's pricing attachment. Domestic Roaming for data
is included in Sprint Business Plans. International Roaming rates for voice and data will vary and are
accessible through www.si)rint.com /international or by contacting Customer's Sprint Account Representative.
There may be delays in invoicing Roaming charges due to the practices of the Roaming service provider.
2.3 Upgrade Charges. If Customer changes an Active Unit device to another device using Wireless Services, Sprint
may charge Customer an upgrade charge per Active Unit changed.
2.4 Reactivation Fee. If Sprint terminates Service to a Corporate - Liable Active Unit as permitted under the
Agreement or requested by Customer, Sprint may require payment of any outstanding account balance before
Sprint reactivates Service to the affected Active Unit and Sprint may charge Customer a reactivation charge.
2.5 Credits for Redialed Calls. Sprint will provide Customer with an airtime credit of at least 1 minute for a call on a
Corporate - Liable Active Unit that is: (a) placed while in an area covered by the Sprint Networks, (b) disconnected
due to limitations of the Sprint Networks, and (c) redialed within 1 minute of disconnection. Customer must
contact Sprint Customer Care within 24 hours of the disconnection and request credit for the call.
3. BILLING AND AFFILIATES
3.1 Invoicing. Unused Business Plan minutes and megabytes do not carry forward. In certain instances (e.g.,
Roaming charges), Sprint may invoice Customer for usage that occurred during a prior invoicing cycle, if not
previously invoiced to Customer. When Sprint invoices for usage incurred during a prior invoicing cycle, those
minutes count against minutes in the current invoicing cycle. Wireless Services billed according to a monthly flat
rate may not include itemization. Sprint may bill Customer on behalf of third party providers of Applications that
Customer accesses through wireless Products. Customer is responsible for all charges for wireless Products and
Services associated with each Corporate - Liable Active Unit. For single payments to be applied across multiple
account numbers, Customer must identify with its payment the specific amounts paid for each account number.
3.2 Account Changes. Customer - requested changes to Business Plans or Wireless Service options may not be
effective until the following bill cycle. For Customer - initiated Wireless Service cancellations, Sprint will bill
Customer for the entire month in which Wireless Service was cancelled. When Customer changes Business
Plans during a bill cycle, minutes and megabytes will be charged under the Business Plan in effect at the time the
usage was incurred.
3.3 Customer Affiliates. If Sprint and Customer agree to permit Customer's Affiliates to purchase wireless Products
and Services under the Agreement, Customer will be responsible, financially and otherwise, for the Affiliate's
purchases, unless the Agreement says otherwise.
Page 6 of 10
4. PROVISIONING AND RETURNS.
4.1 Nonconforming Products. Customer must return nonconforming wireless Products within 30 days of receipt or
Customer will be deemed to have accepted the Products. Customer may reject wireless Products or shipments that
are visibly damaged or defective. Sprint will pay all reasonable ground transportation freight charges associated
with returns under this Nonconforming Products Section.
4.2 Returns. New and undamaged wireless Products may be returned to Sprint at Customer's expense within 30 days
after the date the Product is activated or, if the Product has not been activated, within 30 days after the date the
Product is purchased. Customer is allowed one discretionary exchange or return for each new Product purchased;
provided that Customer may not use the one discretionary exchange to change the color of a Product if the Product
has been activated. Within 30 days of activation, Customer must: (A) contact its Sprint Account Representative or
call Sprint Sales Support at 866- 789 -8292 for return instructions; (B) return the complete, undamaged Product,
including all accessories, hardware, materials and package inserts that came with the wireless Product in the
original Product packaging, with the original proof of purchase to the location provided by Customer's Sprint
Account Representative or Sprint Sales Support; and (C) if Customer wishes to discontinue Service for the Product,
request that Sprint deactivate Service. Sprint may change the return policy from time to time without notice. Upon
Sprint's receipt of the returned wireless Product, Sprint will credit Customer's account for a full refund of the original
Product purchase price and activation fee (excluding actual usage charges, and related taxes, fees and
surcharges). If Customer purchased a Product through a Sprint authorized dealer, additional dealer fees may apply.
5. INSURANCE. Customer may purchase insurance to protect against loss, theft or damage involving Customer's wireless
Products. Coverage may not be available for all wireless Products and may involve a per claim deductible. Enhanced
warranty coverage is available on some wireless Products. Insurance is provided by third party insurers and not by Sprint.
If Customer selects coverage, Sprint will charge Customer a monthly premium per covered wireless Product, and Sprint
will remit the premiums to the third party insurer on Customer's behalf. Insurance is not subject to any discounts. Claims
must be submitted directly to the third party insurer. Terms of insurance coverage are available at the point of sale or in
subsequent communications.
6. WIRELESS PRODUCTS AND SERVICES POLICIES.
6.1 Lost or Stolen Wireless Product Policy. If Customer's wireless Product is lost or stolen, Customer must notify
Sprint Customer Care promptly to deactivate the Product. Customer is responsible for all Wireless Service
charges associated with the Product before Customer notifies Sprint of the loss or theft. Sprint may require that
Customer provide evidence of the loss or theft (e.g., a police report or affidavit). If the wireless Product is later
found, Sprint may require Customer to exchange the wireless Product for another wireless Product before
reactivating Wireless Service and, in such cases, Sprint will provide a replacement wireless Product of similar
quality at Sprint's expense.
6.2 Fraud Policy. Customer will notify Sprint's Customer Care department immediately of any suspected fraudulent
use of wireless Products or Services. Customer will cooperate with Sprint in the investigation of the incident.
Sprint will attempt to contact Customer before interrupting Wireless Services in the case of suspected fraud.
6.3 Location Based Services, If Customer downloads or accesses Location Based Services through Sprint wireless
Products and Services, Customer agrees that the Location Based Service provider may access, use and disclose
as necessary the geographic location of Customer's Product(s) pursuant to the terms of the Location Based
Service purchased by Customer. Customer must clearly, conspicuously and regularly notify all of its Employees
using Corporate - Liable Active Units upon which Customer has enabled Location Based Services that end -user
location information may be accessed, used or disclosed in connection with the Location Based Service.
CUSTOMER WILL RELEASE SPRINT FROM ANY AND ALL THIRD PARTY CLAIMS, LOSSES, EXPENSES,
DEMANDS, ACTIONS OR CAUSES OF ACTION ARISING OUT OF CUSTOMER'S USE OF LOCATION
BASED SERVICES AND CUSTOMER'S FAILURE TO NOTIFY CORPORATE- LIABLE USERS OF
CUSTOMER'S ELECTION TO USE ANY LOCATION BASED SERVICE OR LOCATION INFORMATION ON
CORPORATE- LIABLE ACTIVE UNITS. Location Based Services are not available on the Sprint 4G Network
6.4 Premium Services Policies. In certain instances, subject to the terms of the content purchased, Sprint may
delete Premium and non - Premium items downloaded to storage areas controlled by Sprint, including any
pictures, games and other content. Sprint may impose a dollar or other limit on Customer's use of Premium
Services in a specific timeframe (month, week, day, or other time period) based on Customer's credit.
6.5 Business Plans and Features. Certain wireless Products require specific Business Plans for operating on
Sprint Networks or the Sprint 4G Network. Certain Business Plan features may not be available on all wireless
Products. More information is available by contacting Customer's Sprint Account Representatives.
7. WIRELESS SERVICE LIMITATIONS.
7.1 Telephone Numbers and Portability. Sprint may change the telephone number assigned to each Corporate-
Liable Active Unit with reasonable prior notice for commercial reasons, such as fraud prevention, regulatory
requirements and area code changes. Customer does not have any right of possession or title to any number, e-
mail address or other identifier Sprint may assign to Customer's wireless Products or accounts. Customer may
Page 7 of 10
not modify, change or transfer any of these identifiers except as Sprint allows or as allowed for by law. Sprint will
comply with any FCC - issued regulations that require Sprint to allow Customer to "port" or transfer its assigned
telephone numbers upon switching wireless service to another carrier. Before a telephone number previously
used with another carrier can be used on the Sprint Networks, Customer must provide information about the
account with the other carrier, such as the account number, social security number or tax identification number,
telephone number, 5 digit zip code and password, if applicable, and purchase wireless Products from Sprint. Until
the port from the previous carrier is successful, the Sprint wireless Product will only be able to call 911 and Sprint
Customer Care. Once the port is completed, Customer's old device will no longer work. However, due to
system limitations and Issues outside Sprint's control, some requests to port a telephone number from
another carrier to Sprint, or from Sprint to another carrier, may not be successful. If a transfer to Sprint is
not successful, Customer may return any Sprint wireless Products within the return period to receive a credit, and
Customer will lose or repay to Sprint any discounts or service credits provided with a returned Sprint wireless
Product or cancelled Nextel Service or Sprint Service. If Customer transfers a number to another carrier before
the end of any minimum term commitment, Customer may be subject to early termination fees.
7.2 TTY Access. TTY - capable wireless Products (also known as TDD or Text Telephone) may not function
effectively when attempting 911 calls due to the limitations of the answering agency. A TTY - capable wireless
device should not be relied on for 911 calls.
7.3 Pay- Per -Call Services. Sprint will not complete calls from any wireless Product to 900, 976 and similar numbers
for pay - per -call services,
7.4 International Call Blocking. Sprint will block international calling capability unless Customer expressly requests
such capability for a Corporate - Liable Active Unit.
7.5 Caller ID. Caller identification information may not be available for all incoming calls.
7.6 911 or Other Emergency Calls. For 911 calls, an emergency responder's ability to locate Customer through
wireless Products and Services may be affected by various factors, including but not limited to, the type of
wireless Product used, lack of a GPS- enabled device, geography or other factors such as the porting process. In
some areas and depending on the equipment deployed by the local public safety answering point ( "PSAP "), 911
calls may be routed to a state patrol dispatcher instead of the local PSAP. Sprint is not liable for failures or delays
in connecting to the appropriate emergency services provider. Enhanced 911 ("E911 ") service that is compatible
with FCC technical requirements is not available in all areas due to PSAP equipment capabilities. Customer
consents to Sprint's disclosure of Customer information to governmental and public safety authorities in response
to emergencies. This information may include, but is not limited to, Customer's name, address, number, and the
location of the user of the Service at the time of call.
7.7 Use of Sprint Wireless Data Services. For devices that allow multiple users to share one connection and
subscription, the wireless performance may degrade as more users are added to the single device. Use of Sprint
wireless data Services is subject to any storage, memory or other Product limitation. Network speeds (including,
but not limited to, data delivery and latency rates) are estimates based on averages. Actual performance may
vary, and no minimum speed is guaranteed. Wireless data Services may not be available when Roaming and are
not currently available in certain portions of select market areas within the Sprint Networks. Customer
acknowledges that use of certain wireless data Services, including some messaging services, may result in the
disclosure to third parties of the user's email address and other information in connection with the user's Internet
usage. As a result, Customer may receive advertising, warnings, alerts and other messages, including broadcast
messages. Sprint reserves the right to limit, suspend or constrain any heavy, continuous data usage that is
adversely impacting performance of the Sprint Networks or Sprint 4G Network, or hindering access to the Sprint
Networks or Sprint 4G Network. Unless otherwise stated, Sprint reserves the right to limit throughput speeds or
the amount of data transferred, and deny, terminate, disconnect or suspend wireless data Service, for
Customer's Wireless Data Connection Devices with data usage exceeding 5 GB /month in total, or 300 MB /month
while Roaming. Customer's mobile broadband cards, USB modems and embedded modems on "unlimited"
Business Plans will not be subject to the 5 GB /month data usage limitation but are subject to the 300 MG /month
while Roaming limitation. Sprint reserves the right to deny, terminate, disconnect, modify, or suspend wireless
data Service if a Wireless Data Connection Device engages in the following prohibited uses: server devices or
host computer applications, including, but not limited to, disproportionate Web camera posts or broadcasts,
automatic data feeds, automated machine to machine connections, peer -to -peer (P2P) file- sharing applications
broadcast to multiple servers or recipients such that they could enable "bots' or similar routines. Other Business
Plan options for these types of Applications are available by contacting Customer's Sprint Account
Representative.
7.8 Compatibility of Wireless Products and Services. Wireless Products may not be compatible with services
provided by other wireless carriers, except for services provided over Sprint Service Provider Affiliate networks or
in connection with Roaming agreements. Sprint phones have a software programming lock that protects certain
of the handset's operating parameters against unauthorized reprogramming. Information and eligibility
requirements for obtaining the software program lock code for Customer's Sprint phones are available at
www.sprint.com or by calling 1- 888 - 211 -4727. Sprint does not guarantee current or future compatibility of
Page 8 of 10
wireless Products or Services with third party products or Applications. Apparent compatibility or notice from
Sprint of compatibility is not a Sprint endorsement of a third party product or Application. Unless otherwise stated
in the Agreement, Sprint may, in its sole discretion and at any time, disable or discontinue use of any third party
product or Application with the wireless Products or Services.
8. DEFINITIONS.
8.1 "Active Unit" or "Line" means an active piece of wireless Product.
8.2 "Anytime Minutes" means the voice minutes of use that are available in a Business Plan that may be used at
anytime other than during Nights and Weekends.
8.3 "Applications" include email, and data, information and other wireless Internet services.
8.4 "Business Plans" are Sprint and Nextel wireless service plans for business customers. Certain Business Plan
options are priced in the Agreement or Customer may select from any other available Business Plans, subject to
the terms and pricing of that Business Plan.
8.5 "Corporate- Liable Active Unit" or "Customer Line" means an Active Unit (a) activated by Customer for
Customer's end use, (b) enrolled in a Business Plan, and (c) for which Customer is financially liable.
8.6 "Domestic Roaming" means Roaming on networks within the United States, Puerto Rico and U.S. Virgin
Islands where Sprint has a roaming relationship with the carrier.
8.7 "Employee" means a person in the service of Customer and from whom Customer withholds FICA (Federal
Insurance Contributions Act) contributions from such person's gross pay.
8.8 "Individual- Liable Active Unit" or "Employee Line" means an Active Unit activated by an Employee and for
which the Employee is financially responsible.
8.9 "Location Based Service" means any Service or Application that uses, accesses, tracks or discloses the
location of an Active Unit.
8.10 "MRC" means monthly recurring charge.
8.11 "Nationwide Sprint Network" means the Sprint -owned or controlled CDMA/lxrtt wireless network, including
network owned or controlled by Sprint Service Provider Affiliates, used by Sprint to provide Sprint Services.
8.12 "Nextel Device" means a Product that uses the Nextel National Network for Nextel Direct Connect service,
including a PowerSource device.
8.13 "Nextel National Network" means the Sprint -owned or controlled iDEN wireless network, including network
owned or controlled by Nextel affiliates or partners, used by Sprint to provide Nextel Services.
8.14 "Nextel Services" means wireless Services provided by Sprint on the Nextel National Network using !DEN
technology.
8.15 "Nights and Weekends" means Monday through Thursday 9:00 p.m. to 7:00 a.m. and Friday 9:00 p.m. to
Monday 7:00 a.m., unless either the Nights and Weekends at 6pm option or Nights and Weekends at 7pm option
is selected. "Nights and Weekends at 6pm" means Monday through Thursday 6:00 p.m. to 7:00 a.m. and
Friday 6:00 p.m. to Monday 7:00 a.m, "Nights and Weekends at 7pm" means Monday through Thursday 7:00
p.m. to 7:00 a.m, and Friday 7:00 p.m. to Monday 7:00 a.m. The time used to determine Nights and Weekends
eligibility is the local time where the wireless Product is located when an inbound or outbound call originates.
8.16 "Premium Services" means downloads and Applications, such as games, ringers and screen savers, available
through wireless data Services that are above and beyond basic data usage.
8.17 "Roaming" means voice or data service provided on another wireless carrier's network through agreements
established by Sprint.
8.18 "Sprint 4G Network" means the wideband OFDM technology, including WiMax, that Sprint owns or resells,
including network components owned or controlled by Sprint Affiliates or partners.
8.19 "Sprint 413 Services" means functionality provided by Sprint that either provides data transport on the Sprint 413
Network or allows for the use of Applications related to the Sprint 4G Network.
8.20 "Sprint Device" means a Product that uses the Sprint Mobile Broadband Network for Nextel Direct Connect
service.
8.21 "Sprint Mobile Broadband Network" means the Sprint -owned or controlled CDMA/EV -DO wireless network,
including network owned or controlled by Sprint Service Provider Affiliates, used by Sprint to provide Sprint
Services.
Page 9 of 10
8.22 "Sprint Networks" includes the Nationwide Sprint Network, the Sprint Mobile Broadband Network, and the
Nextel National Network.
8.23 "Sprint Service Provider Affiliate" means an entity that has entered into an arrangement with Sprint to
construct wireless network coverage, perform operational functions in defined geographic areas, and provide
mobile wireless telecommunications products and services under the "Sprint" service marks or any other service
marks subsequently used by Sprint. "Sprint Service Provider Affiliate Market" means the regions of the United
States covered by Sprint Service Provider Affiliates.
8.24 "Sprint Services" means wireless Services provided by Sprint and authorized Sprint Service Provider Affiliates
on the Nationwide Sprint Network or Sprint Mobile Broadband Network using CDMA technology.
8.25 "Wireless Data Connection Device" means a mobile broadband card, USB modem, embedded modem, or a
phone subscribed to a phone as modem Business Plan,
8.26 "Wireless Services" includes Nextel Services, Sprint Services, and Sprint 4G Services
Page 10 of 10
Sprint Ref. #BSG1006 -0536
E asing Use Only:
TRACT # 1523
AMENDMENT # 6 TO CONTRACT
Between the State of Nevada
Acting By and Through Its
Various State Agencies
Monitored By: 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 la,purchasine.state.nv.us
And
Sprint Solutions, Inc.
2001 Edmund Halley Drive
Reston VA 20191
Mailstop: VARESP0203
Contact: Michaela Clairmonte, WSCA Contract Manager
Phone: (703) 433 -8581 • Fag: (703) 433 -8798
Email: michaela.clairmonte(a sarint.com
1. AMENDMENTS For and inconsideration of mutual promises and/or their valuable considerations, all provisions of the
original contract, together with any amendments thereto, resulting from RFP #1523 dated October 10, 2006, attached hereto as
Exhibit A (collectively, the "Contract"), remain in full force and effect with the exception of the following:
A. The Contract is amended by deleting Section 3, Contract Term in its entirety and replacing with the following:
CONTRACT TERM. The Contract term shall be extended for one year for a new contract term of 6 years. The new
contract term shall be effective October 10, 2006 through October 31, 2012, unless sooner terminated by either
party as specified in paragraph (10).
B. The following updated contract pricing as detailed in Exhibit 1 attached hereto is added and is in addition to current
pricing in effect:
1. Revised Blackberry Bundle Voice and Data Plan monthly recurring fees ( "MRC ") are reduced from $49.99 "NET"
price to $46.99 NET price on 400 Anytime Minute Plan and from $74.99 to $69.99 on 1000 Anytime Minute Plan.
NET price is defined as a MRC that is net of all Percentage Discounts on Standard Retail Rates for Rate Plans and
no additional discounts may be applied.
2. Add new Sprint CDMA Bundled Voice and Data Plans (Pro Pack Plans) to match the Blackberry Bundle Voice
and Data Plans above, and reduce from $129.99 MRC to $89.99 NET MRC for 2000 Custom Minute Plan.
3. Unlimited Text Messaging Plan is reduced from $8.00 NET MRC to $7.00 NET MRC.
4.4G Service pricing is reduced from $44.99 NET MRC to $42.99 NET MRC.
5. The discount for Individual Liable accounts for wireless services offered to employees of WSCA participating
states and entities in accordance with Amendment #2 is increased for new subscribers after the effective date of
this amendment from 15% to 18% on monthly access charges.
rev 07/04
Page I of 6
Sprint Ref. #BSGI006 -0536
2. INCORPORATED DOCUMENTS Exhibit A (Original Contract and Amendments) is attached hereto, incorporated by
reference herein and made a part of this amended contract.
3. REQUIRED APPROVAL This amendment to the original contract shall not become effective until and unless approved
by the Nevada State Board of Examiners.
IN WI'
legally
Independent
Jaime A. Jon
Greg
, the parties hereto have caused this amendment to the original contract to be signed and intend to be
Date
Date
='`'f for Andrew K. Clinger
Signature - Board of Examiner;
Approved as to form by;
Deputy Attorney en for mey General
Sprint — Approved
as to Legal form
KAC – 6 July 2010
rev 07/04
• r
MGBIPJM
t �tii�l ►�
Senior Vice President General Business & Public Sector
Independent's Contractor's Title
Administrator. Purchasine Division
Title
APPROVED BY BOARD OF EXAMINERS
- V
On g7 ,
ate)
On Z -A.' -) " l V
(Date)
Page 2 of 6
Sprint Ref, #BSGI006 -0536
Nextel IDEN BlackBerry Voice and Data Bundles
EXHIBIT 1
IDEN Voice and Data Bundle Plans
Business
Essentials 1000
Business
Essentials 2000
MRC
$69.99 NET
$89.99 NET
Anytime Minutes
1000
2000
Anytime Minutes Overage
$0.25 /minute
$0.25 /minute
Sprint Mobile -to- Mobile
Included
Included
Direct Connect® and Grou C o n ne ct
Unlimited
Unlimited
_
Unlimited Nights & Weekends
starting at 7 pm
Unlimited
Unlimited
Shared Minutes
Included
Included
Nationwide Long Distance
Included
Included
Roaming
Not Available
Not Available
Caller ID &Voice Mail
Included
Included
Unlimited BlackBerry
without Phone as Modem
Included
Included
Unlimited Messa es
Included
Included
IDEN Voice and Data Bundle Plans
Business
Essentials 400
MRC
$46.99 NET
Anytime Minutes
400
Anytime Minutes Overage
$0.25 /minute
Sprint Mobile -to- Mobile
Included
Direct Connect® and Group Connect
Unlimited
Unlimited Nights & Weekends
starting at 9 pm
Unlimited
Shared Minutes
Included
Nationwide Long Distance
Included
Roaming
Not Available
Caller ID &Voice Mail
Included
Unlimited BlackBerry
without Phone as Modem
Included
1 Messa es
Included
rev 07/04
Page 3 of 6
Sprint Ref. #BSG1006 -0536
Sprint CDMA BlackBerry Voice and Data Bundles
CDMA BlackBerry Voice and Data Bundles
MRC
Anytime Minutes
Business
Essentials 1000
$69.99 NET
1000
Business
Essentials 2000
$89.99 NET
2000
Anytime Minutes Overa a
$0.25 /minute
$0.25 /minute
Sprint Mobile -to- Mobile
Included
Included
Direct Connect® and Group Connect
(no current CDMA devices
supports this feature )
Unlimited
Unlimited
Unlimited Nights & Weekends
starting at 7 pm
Unlimited
Unlimited
Shared Minutes
; ncluded
Included
Nationwide Long Distance
Included
Included
Roaming
Included
Included
Caller ID &Voice Mail
Included
Included
Unlimited BlackBerry
without Phone as Modem
Included
Included
Unlimited Messages
Included
Included
CDMA BlackBerry Voice and Data Bundles
Business
Essentials 400
MRC
$46.99 NET
Anytime Minutes
400
Anytime Minutes Overage
$0.25 /minute
Sprint Mobile -to- Mobile
Included
Direct Connect® and Group Connect
(no current CDMA devices
supports this feature )
Unlimited
Unlimited Nights & Weekends
startinp at 9 pm
Unlimited
Shared Minutes
Included
Nationwide Long Distance
Included
Roaming
Included
Caller ID &Voice Mail
Included
Unlimited BlackBerry
without Phone as Modem
Included
1,000 Messages
I Included
rev 07/04
Page 4 of 6
Sprint Ref. #BSG1006 -0536
Sprint CDMA Bundled Voice and Data Plans (Pro Pack):
CDMA Bundled Voice and Data Plans Pro Pack
Sprint Custom
400
Sprint Custom
1000
Sprint Custom
2000
MRC
$69.99 NET
OF ALL
DISCOUNTS
$89.99 NET
OF ALL
DISCOUNTS
Anytime Minutes
1000
2000
Anytime Minutes Overage
$0.25 /minute
$0.25 /minute
Sprint Mobile -to- Mobile
Included
Included
Unlimited Nights & Weekends
starting at 7 pm
Unlimited
Unlimited
Shared Minutes
Included
Included
Nationwide Long Distance
Included
Included
Roaming
Included
Included
Caller ID &Voice Mail
Included
Included
Sprint PRO Pack
Included
Included
(1) Wireless high speed data coverage is not available everywhere and requires a wireless high speed data - compatible
phone. Where the wireless high speed data network is available and a wireless high speed data - compatible phone is
used, Corporate - Liable Active Units will first attempt to connect to the wireless high speed data network, and then will
default to the Sprint Vision (1xRTT) network depending on coverage and network availability.
(2) Phone as Modem may be added to the Sprint PRO Pack for an additional $15 MRC. The included email solution In
the Sprint PRO Pack for Windows Mobile /Palm Devices is Microsoft Direct Push technology via ActiveSyncP or
Versamail.
Bundled Voice and Data Plans
Pro Pack
Sprint Custom
400
MRC
$46.99 NET
OF ALL
DISCOUNTS
Anytime Minutes
400
Anytime Minutes Overage
$0.25 /minute
Sprint Mobile -to- Mobile
Included
Unlimited Nights & Weekends
starting at 9 pm
Unlimited
Shared Minutes
Included
Nationwide Long Distance
Included
Roaming
Included
Caller ID &Voice Mail
Included
Sprint Pro Pack limit to 1 messages)
Included
(1) Wireless high speed data coverage is not available everywhere and requires a wireless high speed data - compatible
phone. Where the wireless high speed data network is available and a wireless high speed data - compatible phone is
used, Corporate - Liable Active Units will first attempt to connect to the wireless high speed data network, and then will
default to the Sprint Vision (1xRTT) network depending on coverage and network availability.
rev 07/04
Page 5 of
Sprint Ref. #B SG 1006-053 6
(2) Phone as Modem may be added to the Sprint PRO Pack for an additional $15 MRC. The included email solution in
the Sprint PRO Pack for Windows Mobile /Palm Devices is Microsoft Direct Push technology via ActiveSynO or
Versamail.
Sprint Voice Plan Add -Ons. The following options may be added to a Sprint voice Business Plan on a per - Corporate - Liable
Active Unit basis for the listed additional MRC, unless otherwise noted.
A. Sprint Domestic Messaging Add -Ons. Messaging add -ons include 2 -way and /or PictureMail based on device
capability. Additional charges apply for international messaging.
Messaging Plan
Net MRC (Service Pricing
Discount does not appl
Additional Messages
Unlimited Messages
$7
1 N/A
3G /4G Connection Plan
A. The 3GAG Connection Plan provides both EVDO (using CDMA technology) and Sprint 4G data functionality in
certain coverage areas of the United States. Sprint 4G Network coverage is not available everywhere and requires a
Sprint 4G Network data - compatible connection card. Customer may contact its Sprint Account Representative or
visit www.si)rint.com /coverage for current coverage areas and applicable wireless devices. This Business Plan is
only available to Customer Lines domiciled in the United States,
B. 3G /4G Connection Plan Charges
Net MRC (Service Pricing Discount does not $42.99'
appl
1 "MRC is net of all discounts. Customer's Service Pricing Discount is not applicable. All pricing and available MBs
are the same whether Corporate - Liable Active Units use the Sprint 4G Network, the Sprint Mobile Broadband
Network or the Nationwide Sprint Network. Wireless high speed data coverage is not available everywhere and
requires a wireless high speed data - compatible device. Where the wireless high speed data network is available
and a wireless high speed data - compatible device is used, Corporate - Liable Active Units will first attempt to
connect to the Sprint 413 Network, then the Sprint Mobile Broadband Network, and then will default to the
Nationwide Sprint Network depending on coverage and network availability.
(1) The 3G /4G Connection Plan includes unlimited data usage on the Sprint 4G Network, the Sprint Mobile
Broadband Network and the Nationwide Sprint Network; provided however, Sprint reserves the right to deny,
terminate, disconnect, modify or suspend wireless data Service to a Wireless Data Connection Device on the
3G /4G Connection Plan if such Wireless Data Connection Device exceeds 300 MB /month of usage while
Roaming or engages in the following prohibited uses: server devices or host computer Applications, Including,
but not limited to, continuous streaming video and Web camera posts that broadcast more than 24 hours;
automatic data feeds; automated continuous streaming machine -to- machine connections; or peer -to -peer
(P2P) file- sharing Applications broadcasting to multiple servers or recipients such that they could enable "bots"
or similar routines. Other Business Plan options for these types of Applications are available by contacting
Customer's Sprint Account Representative.
(2) Roaming is not available on the Sprint 413 Network at this time.
(3) Premium Services content is not available with this Business Plan.
(4) Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex.
rev 07/04
Page 6 of
Sprint Ref. #BSG1108 -0182
For Purchasing Use Only:
RFP /CONTRACT N 1523
AMENDMENT #7 TO CONTRACT
Between the State of Nevada
Acting By and Through Its
Various State Agencies
Monitored By: Department of Administration
Purchasing Division
515 E Musser Street, Room 300
Carson City NV 89761
Contact: Teri Smith, Purchasing Officer
Phone: (775) 684- 0178 • Fax: (775) 684 -0188
Email: tlsmith (a�,purchasing.state.nv.us
And
Sprint Solutions, Inc.
12502 Sunrise Valley Drive
Reston VA 20196
Mailstop: VARESA0208
Contact: Michaela Clairmonte, WSCA Contract Manager
Phone: (703) 433 -8581 • Fax: (703) 433 -8798
Email: micliaela .clairmonte(&sprint.com
1. AMENDMENTS For and inconsideration of mutual promises and/or their valuable considerations, all provisions of the
original contract resulting from Request for Proposal #1523 and dated October 10, 2006, attached hereto as Exhibit A, remain in
full force and effect with the exception of the following:
This Amendment is to extend the Contract to coincide with the funding year for the Federal E -Rate program participants.
Amendments to Contract:
The Contract term shall be extended for an additional eight (8) months. The new contract term shall be through June 30, 2013
unless sooner terminated by either party as specified in paragraph (10). Beginning on November 1, 2012 through June 30, 2013,
products and services pursuant to this Contract shall only be available to WSCA participants which have filed the applicable
funding request form with the Universal Service Administrative Company (USAC) prior to the corresponding filing deadline for
Funding Year 2012 (July 1, 2012 — June 30, 2013).
2. INCORPORATED DOCUMENTS Exhibit A (Original Contract and Amendments) is attached hereto, incorporated by
reference herein and made a part of this amended contract.
3. REQUIRED APPROVAL This amendment to the original contract shall not become effective until and unless approved
by the Nevada State Board of Examiners.
IN WITNESS WHEREOF, the parties hereto have caused this amendment to the original contract to be signed and intend to
be legally bound thereby.
rev 07/04
Page I of 2
Sprint Ref. #BSG1108 -0182
President
Independents Contractors Title
Administrator, Purchasing Division
Title
!Q r ! 'J APPROVED BY BOARD OF EXAMINERS
Si ture - Board of Examiners A/& N
On
Approved as to form by: (Date)
On �' r �' ✓ tT
Deputy Attorney A n for . ttomey General (Date)
Sprint—Approved
as to Legal Form
KAC – 9 Aug 2011
rev 07/04
SPRB
8/109011
Page 2 of 2