CN-550000-BE817.pdf

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMINATION AGREEMENT

375-040-13

PROCUREMENT

03/17

Agreement No. BE817

Financial Project I.D. 440900-1-53-01

Vendor No. 63-0573758

Procurement No. RFP-DOT-18-19-5012-ONBU

DMS Catalog Class No. 46161500

THIS TERMINATION AGREEMENT, made and entered into this , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department," and Temple, Inc. of

305 Bank Street, Decatur, Alabama 35602 , hereinafter called the “Vendor.”

WITNESSETH:

WHEREAS, the Department and the Vendor heretofore on 6/21/2019 entered into an Agreement whereby the Department retained the Vendor to furnish certain services in connection with

District Five Connected Vehicle OnBoard Units (RFP-DOT-18-19-5012-ONBU)

; and

WHEREAS, the Department and the Vendor have mutually agreed to terminate the agreement and services at the present status of completion and in accordance with the following:

Section 6 Subparagraph C of the BE817 contract. Three months after the BE817 contract was fully executed the Federal Communications Commission (FCC) issued a notice of proposed rulemaking (NPRM) on November 21, 2019 to propose to repurpose the lower 45 megahertz of the band (5.850.5.895 GHz) for unlicensed operations to support high-throughput broadband applications. On November 18, 2020, the Federal Communications Commission (FCC) unanimously approved a First Report and Order reallocating a majority of the 5.9 GHz band away from connected vehicle technologies. The Commission repurposed the lower 45 megahertz at 5.850-5.895 GHz for unlicensed commercial uses such as Wi-Fi. The upper 30 megahertz of spectrum in the 5.895-5.925 GHz band is still designated for intelligent transportation systems, but the Commission has endorsed a new standard for automotive uses moving from DSRC to C-V2X. NTP was not issued on this contract due to the potential FCC rule makings impacts on contracted materials and no OnBoard units have been furnished or installed by the vendor. As a result of the FCC rule making, the requested services as well as the DSRC materials bid in the contract have become obselete.

and

WHEREAS, there has been previously paid to the Vendor under the terms of said Agreement the sum of $ 0.00 leaving a balance of $ 0.00 still due and payable to the Vendor by the Department;

NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Vendor for and in consideration of the sum of

$ 0.00 , heretofore previously paid to the Vendor by the Department on said project, the receipt whereof is hereby acknowledged, as well as in consideration of the additional sum of $ 0.00 to be paid to the

DocuSign Envelope ID: 9ABB3D1F-C47E-4D5F-9628-D1CD4B7E07CB

6/15/2021 | 9:30 AM EDT

375-040-13

PROCUREMENT

03/17

Vendor upon the execution hereof, does hereby agree to and with the Department to the termination of the Agreement dated , except for those provisions wherein the Vendor agrees to protect, indemnify, defend, save, and hold harmless the Department from all claims, demands or liabilities which may arise out of or because of said Agreement, which provisions will remain in full force and effect. The Vendor agrees that the amount to be paid is the final payment due for services rendered pursuant to the Agreement.

6/21/2019

375-040-13

PROCUREMENT

03/17

IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above.

Temple, Inc.

STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

Name of Vendor

BY: BY:

Authorized Signature

Forrest Temple John E. Tyler, P.E.

(Print/Type) (Print/Type)

Title: President Title: Director of Transportation Operations

FOR DEPARTMENT USE ONLY

APPROVED: LEGAL REVIEW

for