SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES 2700 JUDGE FRAN JAMIESON WAY VIERA, FL

Transcription

1 SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES 2700 JUDGE FRAN JAMIESON WAY VIERA, FL RFP #08003/CH Wireless Communication Services II Educational Technology VENDOR RECOMMENDED RE-AWARD: Vendor Name Amount Awarded Required Services Sprint Solutions, Inc Variable Wireless Communications SOLICITATION SUMMARY Date Solicited: September 28, 2007 Present to Board: March 22, 2011 Date Opened: October 31, 2007 Original Award: February 6, 2008 CONTRACT TERM: Three years from June 7, 2011 through June 6, RECOMMENDATION: It is the recommendation Gino Butto, Assistant Superintendent of Educational Technology, and staff for the board to exercise its option to renew the existing contract for Wireless Communication Services. After extensive review Education Technology determined Sprint Solutions has exceeded all contract obligations consistently throughout the first contract term and recommend renewal for an additional three year period as stipulated in the original award. ACTION BY BOARD: Approved Recommendation(s) Above & Awarded Meeting Date: Other George Chip Harrison, Supervisor Contracts Administrator Office of Purchasing & Warehouse Services Mark Langdorf, Director Office of Risk Management Failure to file a protest within the time prescribed in s (3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

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3 FOURTH AMENDMENT TO GOVERNMENT WIRELESS SERVICES AGREEMENT Customer Name: Brevard County School District Address: 2700 Judge Fran Jamieson Way Viera, FL This Fourth Amendment (BSG r1) is made to the Government Wireless Services Agreement (BSG ) between SPRINT SOLUTIONS, INC. as contracting agent on behalf of the applicable Sprint affiliates providing the Products and Services ( Sprint ) and BREVARD COUNTY SCHOOL DISTRICT ( Customer ) signed by Customer on February 6, 2008 and Sprint on February 5, 2008 (the Agreement ), as amended by: AMENDMENT NUMBER BSG NO. CUSTOMER SIGNATURE DATE SPRINT SIGNATURE DATE First BSG August 28, 2008 August 19, 2008 Second BSG September 18, 2009 September 8, 2009 Third BSG February 24, 2011 February 15, 2011 The following modified and added terms and conditions are made a part of the Agreement effective on the first day of the first billing month after this Amendment is signed by Sprint and Customer ( Fourth Amendment Commencement Date ). Sprint and Customer agree as follows: 1. Pursuant to Section 2, the Agreement is hereby extended for 36 months beginning on June 7, 2011 and expiring on June 6, There are no renewal options remaining on the Agreement after June 6, The Agreement is amended in Attachment A, by deleting Section 1 ( GOVERNMENT DISCOUNT PROGRAM ( GDP )) in its entirety and replacing it as follows: 1. GOVERNMENT DISCOUNT PROGRAM ( GDP ). 1.1 Effective Date of. For new Active Units (defined as an active piece of wireless Product that Customer enrolls in a Business Plan under the Agreement), the discounts below apply as of the Commencement Date. For Corporate-Liable Active Units activated prior to the Commencement Date under pre-existing agreement(s) between Sprint and Customer, Sprint will apply the discounts below no later than 60 days after the Commencement Date. Individual-Liable Active Units activated prior to the Commencement Date are eligible for the discounts below by contacting a Sprint representative and subject to the eligibility requirements in Section Government Discount. The Government Discount, described in the table below, is a percentage discount off the eligible monthly recurring charges ( s ) charged for Customer-Liable Active Units. Network Sprint National Network or Nextel National Network Government Service Pricing Discount Individual-Liable Service Pricing Discount 25% 18% 1.3 How Calculated. Unless otherwise noted, apply to eligible monthly recurring charges ( ) before taxes and surcharges and after application of credits, other discounts, and rebates. Overage, usagebased, and third party applications and services, certain business plan add-ons, and other charges (including certain network specific products and services), are not eligible for. may apply to the of certain promotional rate plans which Sprint may offer on a limited time basis, at Sprint s discretion. 1.4 Eligibility. Only Active Units that are included in Customer s Sprint account hierarchy are eligible for the GDP. It may take up to 2 invoicing cycles to move pre-existing Active Units to the same invoicing cycle in order to start receiving the Government Discount. Customer s contractors, suppliers, and any non-government, non-authorized agencies working with Customer are not eligible for the Government Discount. Page 1 of 12

4 3. The Agreement is amended in Attachment A-1, Section 2 ( NEXTEL VOICE AND DATA RATE PLANS ) by adding a new subsection 2.8 as follows: 2.8 Nextel Custom 0 Minute BlackBerry Plan Custom BB 0 $37.49 NET ; Discount Anytime Minutes 0 Anytime Minutes Overage $0.05/minute Sprint Mobile-to-Mobile Direct Connect and Group Connect Nights & Weekends starting at 9 pm Shared Minutes Nationwide Long Distance Roaming Caller ID &Voice Mail BlackBerry (without PAM) Messages Not Not Available (1) Customer s use of the Research in Motion Limited ("RIM") BlackBerry service offered by Sprint is subject to acceptance of the RIM terms and conditions presented to Customer before Customer may download the RIM software. The terms and condition for use of the BlackBerry service are located at and are subject to change without prior notice to Customer. (2) Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect features, including, but not limited to, Talkgroup SM and International Direct Connect SM, are available with certain devices and may be subject to an additional charge. (3) BlackBerry Business Plans can only be activated on a BlackBerry device. (4) Activations on the above plan are not permitted via a Business Solutions Provider (BSP). 4. The Agreement is amended in Attachment A-1, Section 2 ( NEXTEL VOICE AND DATA RATE PLANS ) by adding a new subsection 2.9 as follows: 2.9 Nextel Bundled Voice & BlackBerry Data Plans Custom BB 400 Custom BB 700 Custom BB 1000 Custom BB 2000 $49.99 NET ; Discount will not apply $59.99 NET ; Discount $69.99 NET ; Discount $89.99 NET ; Discount Anytime Minutes Anytime Minutes Overage $0.25/minute $0.25/minute $0.25/minute $0.25/minute Sprint Mobile-to-Mobile Direct Connect and Group Connect Nights & Weekends starting at 7 pm Shared Minutes * * * * Nationwide Long Distance Roaming Not Available Not Available Not Available Not Available Caller ID &Voice Mail BlackBerry Messages Page 2 of 12

5 (1) Customer s use of the Research in Motion Limited ("RIM") BlackBerry service offered by Sprint is subject to acceptance of the RIM terms and conditions presented to Customer before Customer may download the RIM software. The terms and condition for use of the BlackBerry service are located at and are subject to change without prior notice to Customer. (2) Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect features, including, but not limited to, Talkgroup SM and International Direct Connect SM, are available with certain devices and may be subject to an additional charge. (3) BlackBerry Business Plans can only be activated on a BlackBerry device. (4) * Customer-Liable Active Units on the Custom BB 400, the Custom BB 700, the Custom BB 1000, and/or Custom BB 2000 share Anytime Minutes with Sprint Business Essentials Plans. 5. The Agreement is amended in Attachment A-1, Section 2 ( NEXTEL VOICE AND DATA RATE PLANS ) by adding a new subsection 2.10 as follows: 2.10 Nextel Bundled 9 pm Voice & BlackBerry Data Plans Custom BB 400 $46.99 NET ; Discount will not apply Anytime Minutes 400 Anytime Minutes Overage $0.25/minute Sprint Mobile-to-Mobile Direct Connect and Group Connect Nights & Weekends starting at 9 pm Shared Minutes Nationwide Long Distance Roaming Caller ID &Voice Mail BlackBerry Messages * Not Available 1,000 (1) Customer s use of the Research in Motion Limited ("RIM") BlackBerry service offered by Sprint is subject to acceptance of the RIM terms and conditions presented to Customer before Customer may download the RIM software. The terms and condition for use of the BlackBerry service are located at and are subject to change without prior notice to Customer. (2) Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect features, including, but not limited to, Talkgroup SM and International Direct Connect SM, are available with certain devices and may be subject to an additional charge. (3) BlackBerry Business Plans can only be activated on a BlackBerry device. (4) Activations on the above plan are not permitted via a Business Solutions Provider (BSP). (5) * Customer-Liable Active Units on the Custom BB 400 share Anytime Minutes with Sprint Business Essentials Plans. Page 3 of 12

6 6. The Agreement is amended in Attachment A-1, Section 2 ( NEXTEL VOICE AND DATA RATE PLANS ) by adding a new subsection 2.11 as follows: Nextel PRO Pack Bundled Voice & Data Plans: Custom PRO Pack 400 Custom PRO Pack 700 Custom PRO Pack 1000 Custom PRO Pack 2000 $49.99 NET ; $59.99 NET ; $69.99 NET ; $89.99 NET ; Anytime Minutes Anytime Minutes Overage $0.25/minute $0.25/minute $0.25/minute $0.25/minute Sprint Mobile-to-Mobile Direct Connect and Group Connect Nights & Weekends starting at 7 pm Shared Minutes * * * * Nationwide Long Distance Roaming Not Available Not Available Not Available Not Available Caller ID &Voice Mail Nextel PRO Pack Messages A. Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect features, including, but not limited to, Talkgroup SM and International Direct Connect SM, are available with certain devices and may be subject to an additional charge. B. * Customer-Liable Active Units on the Custom PRO Pack 400, the Custom PRO Pack 700, the Custom PRO Pack 1000, and/or the Custom PRO Pack 2000 share Anytime Minutes with Sprint Business Essentials Plans. 7. The Agreement is amended in Attachment A-1, Section 2 ( NEXTEL VOICE AND DATA RATE PLANS ) by adding a new subsection 2.12 as follows: 2.12 Nextel PRO Pack Bundled 9 pm Voice & Data Plans: Custom PRO Pack 400 $46.99 NET ; Anytime Minutes 400 Anytime Minutes Overage $0.25/minute Sprint Mobile-to-Mobile Direct Connect and Group Connect Nights & Weekends starting at 9 pm Shared Minutes * Nationwide Long Distance Roaming Caller ID &Voice Mail Nextel PRO Pack Messages Not Available 1,000 Page 4 of 12

7 A. Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect features, including, but not limited to, Talkgroup SM and International Direct Connect SM, are available with certain devices and may be subject to an additional charge. B. Activations on the above plan are not permitted via a Business Solutions Provider (BSP). C. * Customer-Liable Active Units on the Custom PRO Pack 400 share Anytime Minutes with Sprint Business Essentials Plans. 8. The Agreement is amended in Attachment A-2, Section 3 ( SPRINT VOICE AND DATA PLANS FOR BUSINESS ) by deleting subsection 3.6 in its entirety and replacing it as follows: 3.6 Connection Plan NET $ Data Services in Megabytes ( MB ) Voice Calls, including long distance (if card is capable) $0.20 per minute Additional data Roaming usage above 300 MB $0.25 per MB 2 1 is net of all discounts. Customer s Discount is not applicable. 2 If Customer s data usage in a given month exceeds 300 MB while Roaming, Customer will be liable for the overage charges set forth in the table above. A. All pricing and available MBs are the same whether Corporate-Liable Active Units use the Sprint 3G Network or the Nationwide Sprint Network. Sprint 3G Network coverage is not available everywhere and requires an EVDOcompatible connection card. Where the Sprint 3G Network is available and an EVDO-compatible connection card is used, Corporate-Liable Active Units will first attempt to connect to the Sprint 3G Network, and then default to the Nationwide Sprint Network depending on coverage and network availability. B. Sprint reserves the right to limit throughput speeds or the amount of data transferred, and to deny, terminate, modify, disconnect or suspend wireless data Service on the Sprint 3G Network and the Nationwide Sprint Network, for Customer s Wireless Data Connection Devices with data usage exceeding 5 GB/month in total, or 300 MB/month while Roaming. C. Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex. 9. The Agreement is amended in Attachment A-2, Section 3 ( SPRINT VOICE AND DATA PLANS FOR BUSINESS ) by adding a new subsection 3.9 as follows: 3.9 Sprint Custom 0 Minute BlackBerry Plan Custom BB 0 $37.49 NET ; Discount Anytime Minutes 0 Anytime Minutes Overage $0.05/minute Sprint Mobile-to-Mobile Nights & Weekends starting at 9 pm Shared Minutes Not Nationwide Long Distance Roaming Caller ID &Voice Mail BlackBerry (without PAM) Messages (1) Customer s use of the Research in Motion Limited ("RIM") BlackBerry service offered by Sprint is subject to acceptance of the RIM terms and conditions presented to Customer before Customer may download the RIM software. The terms and condition for use of the BlackBerry service are located at and are subject to change without prior notice to Customer. Page 5 of 12

8 (2) BlackBerry Business Plans can only be activated on a BlackBerry device. (3) Activations on the above plan are not permitted via a Business Solutions Provider (BSP). 10. The Agreement is amended in Attachment A-2, Section 3 ( SPRINT VOICE AND DATA PLANS FOR BUSINESS ) by adding a new subsection 3.10 as follows: 3.10 Sprint Bundled Voice & BlackBerry Data Plans Custom BB 400 Custom BB 700 Custom BB 1000 Custom BB 2000 $49.99 NET ; $59.99 NET ; $69.99 NET ; $89.99 NET ; Anytime Minutes Anytime Minutes Overage $0.25/minute $0.25/minute $0.25/minute $0.25/minute Sprint Mobile-to-Mobile Nights & Weekends starting at 7 pm Shared Minutes * * * * Nationwide Long Distance Roaming Caller ID &Voice Mail BlackBerry (without PAM) Messages (1) Customer s use of the Research in Motion Limited ("RIM") BlackBerry service offered by Sprint is subject to acceptance of the RIM terms and conditions presented to Customer before Customer may download the RIM software. The terms and condition for use of the BlackBerry service are located at and are subject to change without prior notice to Customer. (2) BlackBerry Business Plans can only be activated on a BlackBerry device. (3) * Customer-Liable Active Units on the Custom BB 400, the Custom BB 700, the Custom BB 1000, and/or Custom BB 2000 share Anytime Minutes with Sprint Business Essentials Plans. 11. The Agreement is amended in Attachment A-2, Section 3 ( SPRINT VOICE AND DATA PLANS FOR BUSINESS ) by adding a new subsection 3.11 as follows: 3.11 Sprint Bundled 9 pm Voice & BlackBerry Data Plans Custom BB 400 $46.99 NET ; Anytime Minutes 400 Anytime Minutes Overage $0.25/minute Sprint Mobile-to-Mobile Nights & Weekends starting at 9 pm Shared Minutes * Nationwide Long Distance Roaming Caller ID &Voice Mail Page 6 of 12

9 BlackBerry (without PAM) Messages 1,000 (1) Customer s use of the Research in Motion Limited ("RIM") BlackBerry service offered by Sprint is subject to acceptance of the RIM terms and conditions presented to Customer before Customer may download the RIM software. The terms and condition for use of the BlackBerry service are located at and are subject to change without prior notice to Customer. (2) BlackBerry Business Plans can only be activated on a BlackBerry device. (3) Activations on the above plan are not permitted via a Business Solutions Provider (BSP). (4) * Customer-Liable Active Units on the Custom BB 400 share Anytime Minutes with Sprint Business Essentials Plans. 12. The Agreement is amended in Attachment A-2, Section 3 ( SPRINT VOICE AND DATA PLANS FOR BUSINESS ) by adding a new subsection 3.12 as follows: 3.12 Sprint PRO Pack Bundled Voice & Data Plans Custom PRO Pack 400 Custom PRO Pack 700 Custom PRO Pack Custom PRO Pack $49.99 NET ; $59.99 NET ; $69.99 NET ; $89.99 NET ; Anytime Minutes Anytime Minutes Overage $0.25/minute $0.25/minute $0.25/minute $0.25/minute Sprint Mobile-to-Mobile Nights & Weekends starting at 7 pm Shared Minutes * * * * Nationwide Long Distance Roaming Caller ID &Voice Mail Sprint PRO Pack Messages A. Wireless high speed data coverage is not available everywhere and requires a wireless high speed datacompatible phone. Where the wireless high speed data network is available and a wireless high speed datacompatible phone is used, Corporate-Liable Active Units will first attempt to connect to the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. B. The included solution in the Sprint PRO Pack varies by device. Please review product specifications for details. C. * Customer-Liable Active Units on the Custom PRO Pack 400, the Custom PRO Pack 700, the Custom PRO Pack 1000, and/or the Custom PRO Pack 2000 share Anytime Minutes with Sprint Business Essentials Plans. 13. The Agreement is amended in Attachment A-2, Section 3 ( SPRINT VOICE AND DATA PLANS FOR BUSINESS ) by adding a new subsection 3.13 as follows: 3.13 Sprint PRO Pack Bundled 9 pm Voice & Data Plans Custom PRO Pack 400 $46.99 NET ; Anytime Minutes 400 Anytime Minutes Overage $0.25/minute Page 7 of 12

10 Custom PRO Pack 400 Sprint Mobile-to-Mobile Nights & Weekends starting at 9 pm Shared Minutes Nationwide Long Distance Roaming Caller ID &Voice Mail Sprint PRO Pack Messages * 1,000 A. 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 Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. B. The included solution in the Sprint PRO Pack varies by device. Please review product specifications for details. C. Activations on the above plan are not permitted via a Business Solutions Provider (BSP). D. * Customer-Liable Active Units on the Custom PRO Pack 400 share Anytime Minutes with Sprint Business Essentials Plans. 14. The Agreement is amended in Attachment A-2, Section 3 ( SPRINT VOICE AND DATA PLANS FOR BUSINESS ) by adding a new subsection 3.14 as follows: G/4G Connection Card Plan A. The 3G/4G Connection Card 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 for current coverage areas and applicable wireless devices. Sprint reserves the right to limit the devices that can be used with this Business Plan. This Business Plan is only available to Customer Lines domiciled in the United States. B. 3G/4G Connection Card Plan Charges NET $ Additional data Roaming usage above 300 MB $0.25 per MB 2 1 is net of all discounts. Customer s Discount is not applicable. 2 If Customer s data usage on the Sprint 3G Network and the Nationwide Sprint Network in a given month exceeds 300 MB while Roaming, Customer will be liable for the overage charges set forth in the table above. (1) The 3G/4G Connection Card Plan includes unlimited data usage on the Sprint 4G Network, the Sprint 3G Network and the Nationwide Sprint Network. All pricing and available MBs are the same whether Corporate- Liable Active Units use the Sprint 4G Network, the Sprint 3G 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 4G Network, then the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. (2) Roaming is not available on the Sprint 4G Network at this time. (3) Premium Services content is not available with this Business Plan. (4) Sprint reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in any of the prohibited data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to protect the Sprint Networks or Sprint 4G Network from harm or degradation. Sprint wireless data Services are provided solely for purposes of web surfing, sending and receiving , photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or on-line gaming. Sprint wireless data Services may not be used: (a) to generate excessive amounts of Internet traffic through continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, Page 8 of 12

11 but not limited to, web, video surveillance, or gaming hosting; (b) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (c) to disrupt use by others using automated or manual routines, including, but not limited to, auto-responders or cancel bots or other similar routines; (d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, junk mail, unsolicited commercial or bulk , or fax; (e) for activities adversely affecting the ability of other people or systems to use either Sprint s Wireless Services or other parties Internet-based resources, including, but not limited to, denial of service (DoS) attacks against another network host or individual user; (f) for an activity that connects any device to personal computers (including, but not limited to, laptops), or other equipment for the purpose of transmitting wireless data over the Sprint Networks or Sprint 4G Network (unless Customer is using a plan designated for such usage); (g) by a Wireless Data Connection Device in excess of: (i) 5 GB/month in total, (ii) 300 MB/month while Roaming, or (iii) a majority of kilobytes while Roaming; provided that Customer s Wireless Data Connection Devices on unlimited Business Plans will not be subject to the 5 GB/month data usage limitation but are subject to the Roaming limitations; or (h) for any other reason that, in Sprint s sole discretion, violates Sprint s policy of providing Service for individual use. (5) Unless specifically stated otherwise, wireless Products on unlimited Business Plans are subject to the prohibited network uses in this section. Other Business Plan options for these types of Applications are available by contacting Customer s Sprint Account Representative. (6) Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex. 15. The Agreement is amended in Attachment A-2, Section 3 ( SPRINT VOICE AND DATA PLANS FOR BUSINESS ) by adding a new subsection 3.15 as follows: G/4G Embedded Connection Plan A. The 3G/4G Embedded 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 sold 4G Network data-compatible embedded connection device. Customer may contact its Sprint Account Representative or visit for current coverage areas and applicable wireless devices. Sprint reserves the right to limit the devices that can be used with this Business Plan. This Business Plan is only available to Customer Lines domiciled in the United States. B. 3G/4G Embedded Connection Plan Charges NET $ NET $ Additional data usage above 5 GB $0.05 per MB 2 $0.05 per MB 2 Additional data Roaming usage above 300 MB $0.25 per MB 2 $0.25 per MB 2 Indirect sales agent (inclusive of BSP) Not permitted Permitted Discretionary Credits (inclusive of PIC credit) Not Permitted Not Permitted 1 is net of all discounts. Customer s Discount is not applicable. 2 If Customer s data usage on the Sprint 3G Network and the Nationwide Sprint Network in a given month exceeds 5 GB in total or 300 MB while Roaming, Customer will be liable for the overage charges set forth in the table above. Customer may be liable for both overage charges if Customer s usage in a given month exceeds both 5 GB in total and 300 MB while Roaming. (1) The 3G/4G Embedded Connection Plan includes unlimited data usage on the Sprint 4G Network and up to 5 GB/month aggregate data usage on the Sprint 3G Network and 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 4G Network, then the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. (2) Roaming is not available on the Sprint 4G Network at this time. (3) Premium Services content is not available with this Business Plan. (4) Sprint reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in any of the prohibited data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to protect the Sprint Networks or Sprint 4G Network from harm or degradation. Sprint wireless data Services are provided solely for purposes of web surfing, sending and receiving , photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or on-line gaming. Sprint wireless data Services may not be used: (a) to generate excessive amounts of Internet traffic through continuous, Page 9 of 12

12 unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web, video surveillance, or gaming hosting; (b) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (c) to disrupt use by others using automated or manual routines, including, but not limited to, auto-responders or cancel bots or other similar routines; (d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, junk mail, unsolicited commercial or bulk , or fax; (e) for activities adversely affecting the ability of other people or systems to use either Sprint s Wireless Services or other parties Internet-based resources, including, but not limited to, denial of service (DoS) attacks against another network host or individual user; (f) for an activity that connects any device to personal computers (including, but not limited to, laptops), or other equipment for the purpose of transmitting wireless data over the Sprint Networks or Sprint 4G Network (unless Customer is using a plan designated for such usage); (g) by a Wireless Data Connection Device in excess of: (i) 5 GB/month in total, (ii) 300 MB/month while Roaming, or (iii) a majority of kilobytes while Roaming; or (h) for any other reason that, in Sprint s sole discretion, violates Sprint s policy of providing Service for individual use. (5) A two year term is required if Customer receives a Wireless Device Discount. (6) Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex. (7) Corporate-Liable Active Units activated on the 3G/4G Embedded Connection Plan shall not be placed on a standby plan that does not require payment of the entire 3G/4G Embedded Connection Plan as described in this section. 16. The Agreement is amended in Attachment A-2, Section 3 ( SPRINT VOICE AND DATA PLANS FOR BUSINESS ) by adding a new subsection 3.16 as follows: G Tablet Plans NET $ NET $ Data Services limitation in Gigabytes ( GB ) 2GB 5GB Overage charge for additional data Services usage above plan limit $0.05 per MB 2 $0.05 per MB 2 Data Roaming limitation in Megabytes ( MB ) 100MB 300MB Overage charge for additional data Roaming usage above plan limit $0.25 per MB 2 $0.25 per MB 2 Messaging 1 is net of all discounts. Customer s Discount is not applicable. 2 If Customer s data usage in a given month exceeds the plan limits set forth in the table above (2GB/100MB or 5GB/300MB), then Customer will be liable for the overage charges set forth in the table above. Customer may be liable for both data services overage charges and data Roaming overage charges if Customer s usage in a given month exceeds both plan limits in the table above (2GB/100MB or 5GB/300MB). A. All pricing and available MBs are the same whether Corporate-Liable Active Units use the Sprint 3G Network or the Nationwide Sprint Network. Sprint 3G Network coverage is not available everywhere and requires an EVDOcompatible data device. Where the Sprint 3G Network is available and an EVDO-compatible data device is used, Corporate-Liable Active Units will first attempt to connect to the Sprint 3G Network, and then default to the Nationwide Sprint Network depending on coverage and network availability. B. Sprint reserves the right to limit throughput speeds or the amount of data transferred, and to deny, terminate, modify, disconnect or suspend wireless data Service on the Sprint 3G Network and the Nationwide Sprint Network, for Customer s Wireless Data Connection Devices with data usage exceeding the plan limits in the table above (2GB/100MB or 5GB/300MB). C. Messaging includes text, picture, and video messages. D. A one year term is required if Customer receives a Wireless Device Discount. E. Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex. 17. The Agreement is amended in Attachment E ( Converged Solutions Attachment ), Section 2.1 ( Purchase Commitment ) by deleting the first sentence in its entirety and replacing it with the following: 2.1. Purchase Commitment. During each year of the Term, Customer agrees to maintain in a service fee generating status, a minimum of Four Hundred and Sixteen (416) Devices ( Purchase Commitment ). Page 10 of 12

13 18. The Agreement is amended in Attachment E ( Converged Solutions Attachment ), Section by deleting the first sentence in its entirety and replacing it with the following: For all Devices subject to the Purchase Commitment Customer must purchase a monthly average minimum of $35.00 of Service per Device; and 19. The Agreement is amended in Attachment E ( Converged Solutions Attachment ), Section 3 ( Installation ) by deleting the paragraph in its entirety and replacing it with the following: Installation. Install the CNS Equipment in accordance with this CS Attachment, including each Statement of Work ( Statement of Work ) attached to an Addendum. Based on Customer s obligation to fulfill the Purchase Commitment, Sprint will allocate eighteen thousand dollars ($18,000.00) (the Buildout Allotment ), to be used for Sprint s purchase and installation of CNS Equipment and other telecommunications related equipment at the Premises set forth in an Addendum. 20. All other terms and conditions in the Agreement, not amended above, will remain in effect. This Amendment and any information concerning its terms and conditions are Sprint s proprietary information. Alterations to this Amendment will not be valid unless accepted in writing by a Sprint officer or authorized designee. To become effective, this Amendment must be: 20.1 Signed by a Customer representative; 20.2 Delivered to Sprint on or before March 31, 2011; and 20.3 Signed by a Sprint officer or authorized designee. [Remainder of page left intentionally blank] Page 11 of 12

14 BREVARD COUNTY SCHOOL DISTRICT SPRINT SOLUTIONS, INC. By: By: Name: Brian T. Binggeli, Ed.D, Name: Michaela Clairmonte Title: Superintendent Title: Manager, Contract Negotiations & Management Date: Date: Address: 2700 Judge Fran Jamieson Way Viera, FL Address: Sunrise Valley Drive Reston, VA Sprint Approved as to Legal Form HRF 08 Mar 11 P&CA DB/PJM 3/08/11 Page 12 of 12

15 Sprint 851 Trafalgar Court Suite 300 Maitland, FL Cellualr: (772) Kurt Hawker Government Account Manager South Region BMG- Public Sector February 22, 2011 Mr. Chip Harrison, Contracts Administrator Brevard County School District 2700 Judge Fran Jamieson Way Viera, FL Subject: Sprint local market equipment offer - Fourth Amendment (BSG ) Dear Mr. Chip Harrison: The Sprint local account team of Central Florida would like to extend a special equipment pricing offer to Brevard County School District. The special equipment offer will run the term of the Fourth Amendment once signed. As discussed, since this is a Sprint local market offer, it cannot be attached in Fourth Amendment contract. Sprint local account team would like to offer the following: Up to $50.00 off equipment (Sprint Government Flat Rate Pricing) for all new activations or qualified upgrades (12 months in service minimum) and on rate plans billed at $25.00 or higher before discount. The offer cannot be combined with any other Sprint equipment promotions or discounts. Note: Final equipment price after local market $50.00 discretionary credit will not net below $0.00. Thank you for doing business with Sprint and it was a pleasure working with you. If you have any questions regarding the enclosed, please contact me at Sincerely, Kurt Hawker Sprint Government Account Manager