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02 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting September 10, 2025 Agenda Item Number: 02 2023-4396 BULK ITEM: Yes DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard n/a AGENDA ITEM WORDING: Report to the Board of County Commissioners on the Small Contracts signed by the County Administrator. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Staff recommends approval. DOCUMENTATION: Small Contract m Caballero, Fier an, Llerena & Garcia, LLP 08.11.2025.pdf Small Contract m Canon COR 08.07.2025.pdf Small Contract m Canon Financial Services 08.19.2025 Ul .pdf signed.pdf Small Contract m Check Electric FAC 08.04.2025.pdf Small Contract m Granicus LLC 08.04.2025.pdf signed.pdf Small Contract m Pitney Bowes CC 08.15.2025.pdf signed.pdf Small Contract m Sport Surfaces LLC PAR 08.05.2025.pdf signed.pdf Small Contract m T'arkett USA 08.19.2025.pdf signed.pdf Small Contract m T'iki Huts 08.05.2025.pdf FINANCIAL IMPACT: 6900 JT,,,T,,Vr ii l"I l P"I I S S R U C,I I/\ U �N)I i111/1 ) ,a�I'A I_, ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with-caballero, Fierman, Llerena&Garcia, LLFContract 4 Effective Date: Upon execution of the County Administratior Expiration Date: 1 Year from Execution of both parties Contract Purpose/Description: The contract is to provide the Social Services Department with Professional Services of Grant Management for financial oversight,and audit resolution services for the ADI and OAA programs, which are funded by Federal and State sources.The contractor will ensure compliance with GAAP and applicable grantor requirements,and will conduct a review of the current year and a four-year historical analysis of each grant and its associated activity to address critical audit findings.Deliverables are outlined in Attachment A—Scope of Services. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Lourdes Francis 4511 Social Services/stop#1 (Name) (Ext.) (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ 95,000 Current Year Portion: $ 15,833.33 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the k%q, ,,vtaxmioB riL rtdtl,lttilN ins �r p fYi,h I1G fPtY,rt dr~�so Budgeted?Yes ❑x No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: 001/61501/SC_00038 ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A /yr For: N/A (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES ❑ NO CONTRACT REVIEW Reviewer Cath Crane Digitally signed by Cathy Crane Department Head Signature: y _ Date:2025.07.2919:51:45-04'00' MacLau h�ln Digitally signed by Jeni-Lee MacLaughlin Jenl-Lee y County Attorney Signature: Date:2025.08.01 14:56:54-04'00' Digitally signed by Gaelan P Gaelan P Jones Jones Risk Management Signature: Date:2025.08.04 08:57:43-04'00' Lisa Ab re u Digitally signed by Lisa Abreu Purchasing Signature: 'Date:2025.08.06 1 0:13:47-04'00' Digitally signed by John Quinn OMB Signature: John Quinn Date:2025.08.06 13:07:27-04'00' Comments: GPJ 8/4/25: Risk approval subject to submission of vendor COI prior to execution of contract. Requested and pending per CC Revised BOCC 4/19/2023 e i:sc,i 07 M/202' 91 1 11 a 6901 Agreement for Professional Services for Grant Management Services This Agreement("Agreement") is made and entered into this day of .2025 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, hereinafter referred to as "COUNTY," acting through the Monroe County Board of County Commissioners ("BOCC"), and Caballero Herman Llerena& Garcia, LLP, a limited liability partnership authorized to do business within the State of Florida, whose address is 8950 SW 74 1h Court, Ste. 1210, Miami, Florida, 33156 ("CONTRACTOR") (collectively, the "Parties'). WITNESSETH: WHEREAS, the COUNTY is in need of a firm comprised of accountants and financial advisors to provide professional services for the grant management and accounting as set forth in more detail in"Attachment A - Scope of Services" (hereafter referred to as the"Project");and WHEREAS, due to the professional nature of the services and pursuant to the Monroe County Code of Ordinances and its adopted Purchasing Policy Manual, the COUNTY hereby waives its competitive solicitation procedures and/or request for price quotes, and enters into this agreement; and WHEREAS, the documentation required to render the professional services may include HIPAA-protected information, including, but not limited to protected health information within personal care service billing records or eligibility determinations,therefore this agreement includes a HIPAA Business Associate Addendum that is attached hereto and incorporated herein as "Attachment B;"and WHEREAS,CONTRACTOR has represented that it has the requisite skills,expertise and manpower to provide the required services. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: ARTICLE I 1.1 REPRESENTATIONS By executing this Agreement, CONTRACTOR makes the following express representations to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been flully satisfied. Page I of 26 6902 1.1.2 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR agrees that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to its performance and those directly under its employ. 1.1.4 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the ProJect. In providing all set-vices pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color,national origin,sex,age,or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.2 Contract Documents. This Agreement shall consist of this contract, including any and all attachments or exhibits. In the event of any conflict between any of the Contract documents, this Agreement will control or alternatively the one imposing the greater burden on the CONTRACTOR will control. ARTICLE 11 SCOPE OF BASIC SERVICES 2.1 SCOPE OF SERVICES The CONTRACTOR'S Scope of Basic Services consist of those described in"Attachment A"to this Agreement, and same is incorporated herein as if set forth in full. Page 2 of 26 6903 By executing this Agreement, the CONTRACTOR acknowledges that it has thoroughly reviewed the documents incorporated in this Agreement and that it accepts the scope of services to be performed and the conditions under which the work shall be performed, 2.2 CORRECTION OF ERRORS,OMISSIONS,DEFICIENCIES The CONTRACTOR shall,without additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its subcontractors or both. 2.3 NOTICE REQUIREMENT Formal notice required or mandated under this Agreement shall be in writing and hand delivered, emailed, or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Christine Hurley, County Administrator Monroe County Administrator's Office 1100 Simonton St., Suite 2-205 Key West, FL 33030 County_Administrator(Amonroecounty-fl.gov With a copy to: Monroe County Attorney's Office 1111 12th St, Suite 408 Key West, FL 33040 Lewis-Eve @.,monroecounty-fl.gov For the CONTRACTOR: Enrique Llerena, CPA 8950 S W 74'h Court, Ste. 1210 Miami, FL 33156 Ellerena(a-,)cflgcpa.com ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are those services not included in the Scope of Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at pricing, rates or fees as negotiated and only as set forth in paragraph 7.1, herein. 3.2 If Additional Services are required, the COUNTY shall issue a letter describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to provide the requested services. Only after receiving an executed agreement for the Additional Services, shall the CONTRACTOR proceed with the Additional Services. Page 3 of 26 6904 ARTICLE IV COUNTY'S RFSPQNSIBILITIES 4.1 The COUNTY shall provide complete and accurate information and cooperation regarding requirements for the Project. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to request for information submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 Prompt written notice shall be given by the COUNTY to the CONTRACTOR's representative if COUNTY become aware of any fault or defect in the Project or non- conformance with the Agreement.Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3, herein. 4.4 The COUNTY shall furnish required information and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services. 4.5 The COUNTY's review of any information or documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such information or documents are generally consistent with the COUNTY's criteria for the Project. No review orsuch information or documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. ARTICLE V INDEMNIFICATION AND HOLD HARAILESS 5.1 The CONTRACTOR covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities,damages,losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the gross negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR,subcontractor(s)and other persons employed or utilized by the CONTRACTOR in the performance of the contract. The maximum aggregate liability of CONTRACTOR with respect to this paragraph shall not exceed the sum of five hundred thousand dollars ($500,000.00). 5.2 The COUNTY covenants and agrees to hold harmless CONTRATOR, its officers and employees from liabilities, damages, losses and costs incurred in performance of the Contract, including but not limited to, reasonable attorneys' fees, to the extent caused by the gross negligence, recklessness, or intentional wrongful conduct of the COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees.. Page 4 of 26 6905 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delays. 5.4 Nothing contained herein is intended, nor may it be construed,to waive COUNTY's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time.These provisions shall survive the expiration or early termination of the Agreement. ARTICLE V1 PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project, ARTICLE V11 COMPENSATION and TERM 7.1 The COUNTY shall pay the CONTRACTOR based on the following hourly rates for grant management services: a Stff Standard HoumaLevel/Title . ......... -- Rate!- Managing_Partner Partner $400 Senior Manager $325 M n�er $290 an upervisor $215 Senior $195 Staff $160 The estimated fee for this work is$95,000.00.No work exceeding the estimated fee amount shall be performed without a written amendment hereto executed by both parties. CONTRACTOR has scheduled personnel to address the procedures detailed in "Attachment A". CONTRACTOR will invoice the COUNTY every two (2) weeks as procedures are performed. Hours billed will be rounded to the nearest quarter hour increment. Should travel be required, the Monroe County Administrator's and Monroe County Clerk's written approval will be obtained prior to incurring any travel costs and travel costs will be billed using established government rates. Values billed for travel will be aggregated into the estimated fee amount. Notwithstanding anything contained herein the estimated fee amount must not exceed the total value of$100,000.00 without the prior formal approval of the Monroe County Board of County Commissioners. Page 5 of 26 6906 7.2 PAYMENTS 7.2.1 For its assumption and perron-nances of the duties,obligations and responsibilities set forth herein, the CONTRACTOR shall be paid on a monthly basis. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70,Florida Statutes. 7.2.2 As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit a proper invoice to COUNTY requesting payment for services property rendered. The CONTRACTOR'S invoice shall describe with reasonable particularity the service rendered,The CONTRACTOR'S invoice shall be accompanied by such supporting documentation or data in support of expenses for which payment is sought that is acceptable to the Monroe County Clerk based on generally accepted account principles and such laws, rules and regulations as may govern the Monroe County Clerk's disbursal of funds. 7.3 BUDGET AND REIMBURSEABLE EXPENSES 7.3.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount stated for this contract. 7.3.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 7.3.3 It is anticipated that no reimbursable expenses, other than pre-approved travel, will be incurred by the CONTRACTOR. Expenses will only be reimbursed if authorized by the COUNTY in writing in advance and to the extent and in the amount authorized by Section 112.06 1, Florida Statutes, and the Monroe County Code of Ordinances. 7.4 TERM OF AGREEMENT The Term of the Agreement is for a period of up to one(1)year from the date of execution by both the COUNTY and the CONTRACTOR. PrqJject initiation will begin within one week of the signed agreement. Anticipated completion is within 112 days from the date of commencement. However, the COUNTY recognizes that this tirnefirame is dependent upon the timeliness of the requested information furnished by the COUNTY. Any extension of the Term of this Agreement must be in writing and signed by both the COUNTY and CONTRACTOR. ARTICLE V111 INSURANCE 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the Page 6 of 26 6907 CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. Coverage Minimum Limits Form# Workers' Compensation Statutory WC 1 Employers Liability $200,000/$500,000/$100,000 Commercial general $300,000 Combined Single Limit GL1 Liability $200,000/person;$300,000/occurrence Vehicle Liability $200,000 ProOprerty Damage VL2 $300,000 Combined Single Limit Professional Liability $300,000/$500,000 PR.O1 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of I A or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required. by the State of Florida, sufficient to respond to Florida Statute 440 (See Form WC I). B. General Liability Insurance, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,000 Limits (See Form GI,1). An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. C, Professional Liability Insurance of$300,000/$500,000 limits. Ifthe policy is a"claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes (See Form PRO3). Page 7 of 26 6908 D. COUNTY shall be named as an additional insured. E. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. F. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. G. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioner.-, for Monroe County and the CONTRACTOR, which approval shall he subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors,assigns and legal representatives of such other party. 9.3 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.4 TERMINATION A. In the event the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after rive(5)days written notification to the CONTRACTOR. Page 8 of 26 6909 B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60)days written notice of its intention to do so. C, Termination for Cause and Remedies: In the event of breach of any contract terms,the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination,unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the sum due to the CONTRACTOR exceeds the amount listed in paragraph 7.1. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, arc met, For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Page 9 of 26 6910 Sectors List (formerly the Iran Petroleum Energy Sector List), or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. If County determines that Contractor has falsely certified facts under this Section, or if Contractor is found to have been placed on a list created pursuant to Section 215,473, Florida Statutes, as amended,or is engaged in a boycott of Israel after the execution of this Agreement, County will have all rights and remedies to terminate this Agreement consistent with Section 287.135, Florida Statutes, as amended. 9.5 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COLNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an,act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been fornially charged with committing an act defined as a "public entity crime" regardless or the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list. 9.6 MAINTENANCE OF RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting Page 10 of 26 6911 principles consistently applied. Records shall be retained for a period of five years from the final payment or termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five years following the final payment or termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW,VENUE,INTERPRETATION,COSTS,AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation (.,d'this Agreement, COUNTY and CONTRACTOR agree that venue shall lie exclusively in the 16"'Judicial Circuit, Monroe Count)(, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Page 11 of 26 6912 9.12 BINDING EFFECT The terms, covenants,conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors,and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duty authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that affect the Project will be provided to each party. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS AND WAIVER OF TRIAL BY JURY COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.4 concerning termination or cancellation. EACH PARTY HEREBY IRREVOCABLY WAIVES ITS R1GH T TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party and at the other party's sole expense, in all proceedings, hearings, processes, meetings, and, other activities related to the substance of this Agreement or provision or the services under this Agreement. COUNTY and CONTRACTOR specifically agree (fiat no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent Page 12 of 26 6913 jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances,as applicable,relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972,as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s.794),which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(PL 91-616),as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.690dd-3 and 290ce-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990(42 USC s. 12 101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,Article 11,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. 9.18 COVENANT OF NO INTEREST CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. In accordance with Section 5 (b) Monroe County Ordinance No. 010-1990, CONTRACTOR warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ortlinance No. 020-1990. For breach or violation of this provision the County may, in its discretion.,terminate this contract without liability and may also, in its discretion,deduct Page 13 of 26 6914 from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." 9.20 NO SOLICITATION/PAYMENT The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or Firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter H 9, Florida Statutes, and made or received by the County and CONTRACTOR in conjunction with this contract and related to contract performance, The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR . Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for Page 14 of 26 6915 the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the County to perform the service. If the CONTRACTOR transfers all public records to the County upon completion of the contract,the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR.A CONTRACTOR who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The CONTRACTOR shall not transfer custody,release,alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTTS, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET,SUITE 408,KEY WEST, FL, 33040,, EMAIL: PUBLICRECORDS(_d)MONROECOUNTY- FL.GOV. OR PHONE: 305-292-3470. 9,22 NON-WAIVER, OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not he deemed a waiver of immunity to the extent Page 15 of 26 6916 of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws,ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents,or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers,agents,volunteers,or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY,except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Frec Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting.The original contract fee and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other Page 16 of 26 6917 factual unit costs.All such adjustments must be made within one year following the end of the Agreement, 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S, Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S, Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S.448.095. 9.30 UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (0 action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Page 17 of 26 6918 Contractor under this Section.Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance,ensure that the effects of any IJ ncontro liable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost extension for such reasonable time as the Owners Representative may determine. 9.31 FOREIGN COUNTRIFS OF CONCERN Beginning January 1, 2024, the COUNTY must not enter into a contract that grants access to an individual's personal identifying information to any Foreign Country of Concern such as: People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea,the Republic of Cuba,the Venezuelan regime of NicolAs Madura, or the Syrian Arab Republic. The CONTRACTOR must provide the COUNTY with an affidavit signed by an authorized representative of the CONTRACTOR, under penalty of perjury, attesting that the CONTRACTOR does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended. Beginning January 1,2025,the COUNTY must not extend or renew any contract that grants access to an individual's personal identifying information unless the CONTRACTOR provides the COUNTY with an affidavit signed by an authorized representative of the CONTRACTOR, under penalty of perjury, attesting that the CONTRACTOR does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287,138, Florida Statutes, as may be amended. Violations of this Section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. ................ ........... Caballero Herman Licrena-&-Goarcia, LLP,a limited HabilitV Darinership,is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. e- PrintedName: 6147rg,�I �le 0o'e.-n Title: "Oe Signature� Date: ;Z-2 -2,e?;Z-5' ------------ 9.32 FOREIGN GIFTS AND CONTRACTS The Contractor must comply with any applicable disclosure requirements in Section 286.101, Florida Statutes. Pursuant to Suction 286.101(7)(b),Florida Statutes: "In addition Page 18 of 26 6919 to any fine assessed under [§ 286.101(7)(a), Florida Statutes), a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision must automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission [Governor and Cabinet per §14,202, Florida Statutes] for good cause." 9.33 NONCOERCIVE CONDUCT FOR LABOR OR SERVICES As a nongovernmental entity submitting a proposal, executing, renewing, or extending a contract with a government entity, COUNTRATOR is required to provide an affidavit Linder penalty of perjury attesting that COUNTRATOR does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As at) authorized representative of COUNTRATOR, I certify Linder penalties of perjury that COUNTRATOR does not use coercion for labor or services as prohibited by Section 787.06. Additionally, COUNTRATOR has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. 9.34 ANTITRUST VIOLATIONS; DENIAL/REVOCATION PER SEC. 287.137,F.S. Pursuant to Section 287.137, Florida Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list (electronically published and updated quarterly by the State of Florida)following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity, may not Submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. By entering this Agreement, CONTRACTOR certifies neither it nor its affiliate(s)are on the antitrust violator vendor list at the time of entering this Agreement. False certification under this paragraph or being subsequently added to that list will result in termination of this Agreement, at the option of the COUNTY consistent with Section 287.137, Florida Statutes,as amended. 9.35 DISCRIMINATORY VENDOR LIST Contractor hereby acknowledges its continuous duty to disclose to the County if the Contractor or any of its affiliates,as defined by Section 287,134(l)(a), Florida Statutes,are placed on the Discriminatory Vendor List, Pursuant to Section 287,134(2)(a), Florida Statutes: "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work.; may not submit bids., proposals, or replies on leases of real property to a public entity; may not be awarded or Page 19 of 26 6920 perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." 9.36 COUNTY SUSPENDED VENDOR LIST The eligibility of persons to bid for an award of County contract(s),or enter into a contract, may be suspended pursuant to sec. 2-347(1)of the Monroe County Code of Ordinances. In the event an eligible person is suspended by the County after the contract is awarded, or a suspended person is employed to perform work (e.g. subcontractor in a bid or contract) pursuant to a County contract, same shall constitute a material breach of the contract. The County, in its sole discretion, may terminate the contract with no further liability to the contractor beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination, and hereby reserves all other rights and remedies available at law or in equity. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. CONTRACTOR: CABALLERO FIERMAN LLEREaNA& IGA � CIA, LLP By: S �ja urc igna:5 e STATE Or FL0rfD,A Printa rm!&Title COUNT" The foregoing instrument was sworn to/affirmed and acknowledged before me by means off physical re Bence or n online notarization,this day,of 20 by an Llerena [Authority Titlej of Cabal & Garcia, Ul.,P, a limited liability partnership. fle,'She iL ,e has rs a_ produced t rpe,identi -ation)a joe'ritification. inn a e 0, PAOLA LUCLANI Notary Public 69,q . .......... 5We-of.F4or1da-----11 1— (print& i0miM-N140MM of Notary Public) Expires 8/1212029 COUNTY: MONROE COUNTY, FLORIDA By: ____........ Christine Hurley,AICP Monroe County Administrator Approved as to legal form & sufficiency: 1114*11ylig-d by E- Eve M. LevvisD.,.. D7,?2 29.47,49-04'00' Eve M. Lewis, Assistant County Attorney Page 20 of 26 6921 "Attachment All Scope of Services A. Contractor will provide effective grant management, financial oversight, compliance, and audit resolution for Federal and State-funded programs, ensuring adherence to generally accepted accounting principles (GAAP) and grantor requirements for: 1) Alzheimer's Disease Initiative(ADI)—State of Florida,administered through Florida Department of Elder Affairs/Alliance for Aging, Inc. (PSA-11); and 2) Older Americans Act(OAA)—Federal Government, administered through Florida Department of Elder Affairs/All iance for Aging, Inc. (PSA-11). B. Contractor will conduct a review of the current year and a four(4)-year historical analysis of each grant and associated financial activity to address critical audit findings/deliverables: I) A year-by-year review be performed of Monroe County Social Services (MCSS) grants to verify that grant expenditure are matched to actual grant revenue received and a plan be developed to properly fund any unmatched grant expenditures. 2) Recommend steps to address the mishandling of MCSS grants including ensuring staff are properly trained and MCSS management establish and adhere to policies and procedures that ensure effective grant budget and fiscal management. 3) Work with County and granting agencies to ensure any appropriate corrective actions are taken. C. Objectives: 1) Ensure Expenditure-to-Revenue Alignment Conduct year-by-year reconciliation of expenditures against actual grant revenues, identifying and correcting unsupported, over-expensed, or misclassifted charges. 2) Correct Misallocations — Identify and correct inaccurate payroll allocations, staff time reporting, and fringe benefit charges. 3) Grant Reconciliation and Closeout Perform full financial program reconciliation to include expired, inactive, or improperly closed grants. 4) Enhance Grant Budgeting, Reporting, and Internal Controls Establish expenditure monitoring procedures aligned with revenue recognition. Develop standardized allocation methodologies for consistent application. Implement budgeting tools and reporting templates that meet program requirements. Ensure documentation complies with funding agency requirements for closed grants. Provide staff training on updated budgeting processes, internal controls, and compliance expectations tailored to multi-year grant management, supporting accurate forecasting and regulatory adherence. Page 21 of 26 6922 "Attachment B" HIPAA Business Associate Addendum I PREAMBLE AND DEFINITIONS. Ll Pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), Monroe County, a political subdivision of the State of Florida, through its Board of County Commissioners, (the "County"), and Caballero Fierman Llerena & Garcia, LLP, ("Business Associate"),agree to this Business Associate Addendum("BAA")as of the effective date of the underlying agreement between the parties (the "Effective Date")that addresses the HIPAA requirements with respect to "business associates," as defined under the privacy, security, breach notification,and enforcement rules at 45 C.F.R.Part 160 and Part 164("HIPAA Rules").A reference in this BAA to a section in the HIPAA Rules means the section as in effect or as amended. L2 This BAA is intended to ensure that Business Associate will establish and implement appropriate safeguards for the Protected Health Information ("PHI") (as defined under the HIPAA Rules) that Business Associate may receive, create, maintain, use, or disclose in connection with the functions,activities,and services that Business Associate performs for Covered Entity.The functions, activities, and services that Business Associate perform-, for Covered Entity are defined in AGREEMENT between MONROE COUNTY,Fl,and Caballero Fierman Llerena&Garcia,LLP for Professional Services for Grant Management(the "Underlying Agreement"). 13 Pursuant to changes required under the health Information Technology for Economic and Clinical Health Act of 2009 (the "HITECH Act") and under the American Recovery and Reinvestment Act of 2009("ARRA"),this BAA also reflects federal breach notification requirements imposed on Business Associate when"Unsecured PHI"(as defined under the HIPAA Rules)is acquired by an unauthorized party, and the expanded privacy and security provisions imposed on business associates. 1.4 Unless the context clearly indicates otherwise, the following terms in this BAA shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set,disclosure,Electronic Media,Electronic Protected Flealth Information(0111),1 lealth Care Operations,individual,Minimum Necessary,Notice of Privacy Practices,Required By Law,Secretary, Security Incident, Subcontractor, Unsecured PHI,and use. L5 A reference in this BAA to the Privacy Rule means the Privacy Rule,in conformity with the regulations at 45 C.F.R. Parts 160-164 (the "Privacy Rule") as interpreted under applicable regulations and guidance of general application published by HHS, including all amendments thereto for which compliance is required,as amended by the HITECH Act,ARRA,and the HIPAA Rules. 2. GVNERAL OBL,IG,,VI'IONS OF BUSINESS ASSOCIATE. 2.1 Business Associate agrees not to use or disclose PHI,other than as permitted or required by this BAA or as Required By Law, or if such use or disclosure does not otherwise cause a Breach of Unsecured PHI. 2.2 Business Associate agrees to use appropriate safeguards,and comply with Subpart C of 45 C.F.R. Part 164 with respect to ePHI,to prevent use or disclosure of PHI other than as provided for by the BAA, 23 Business Associate agrees to mitigate,to the extent practicable, any harmful effect that is known to Business Associate as a result of a use or disclosure of PHI by Business Associate in violation of this BAA's requirements or that would otherwise cause a Breach of Unsecured PHI. 2.4 The Business Associate agrees to the following breach notification requirements: (a) Business Associate agrees to provide notification of any Breach of Unsecured PHI of which it becomes aware, as required under 45 C.F.R. § 164,410, and any Security Incident of which it becomes aware, in violation of this BAA to individuals, the media (as Page 22 of 26 6923 defined under the HITECH Act), the Secretary, and/or any other parties as required under HIPAA,the HITECH Act,ARRA,and the HIPAA Rules,subject to the prior review and written approval by Covered Entity of the content of such notification. (b) In the event of Business Associate's use or disclosure of Unsecured PHI in violation of HIPAA, the HITECH Act, or ARRA, Business Associate bears the burden of demonstrating that notice as required under this Section 2.4 was made, including evidence demonstrating the necessity of any delay,or that the use or disclosure did not constitute a Breach of Unsecured PHI. 2.5 Business Associate agrees, in accordance with 45 C.F.R. §§ 164.502(c)(1)(ii) and 164308(b)(2), if applicable, to require that any Subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to Such information. 2.6 Business Associate agrees to make available PHI in a Designated Record Set to the Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F.R. § 164.524. (a) Business Associate agrees to comply with an individual's request to restrict the disclosure of their personal PHI in a manner consistent with 45 C.F.R. § 164.522,except where such use,disclosure,or request is required or permitted under applicable law. (b) Business Associate agrees to charge fees related to providing individuals access to their PHI in accordance with 45 C.F.R. § 164.524(c)(4). (c) Business Associate agrees that when requesting, using, or disclosing PHI in accordance with 45 C.F.R. § 164.502(b)(1)that such request, use, or disclosure shall be to the minimum extent necessary, including the use of a"limited data set" as defined in 45 C.F.R. § 164.514(e)(2), to accomplish the intended purpose of such request, use, or disclosure, as interpreted under related guidance issued by the Secretary from time to time. 2.7 Business Associate agrees to make any amendments to PI 11 in a Designated Record Set as directed or agreed to by the Covered Entity pursuant to 45 CAR. § 164.526, or to take other measures as necessary to satisfy Covered Entity's obligations under 45 C.F.R. § 164.526. 2.8 Business Associate agrees to maintain and make available the information required to provide an accounting of disclosures to the Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F.R. § 164.528. 19 Business Associate agrees to make its internal practices, books,and records, including policies and procedures regarding PHI, relating to the use and disclosure of PHI and Breach of any Unsecured PHI received from Covered Entity, or created or received by the Business Associate on behalf of Covered Entity, available to Covered Entity (or the Secretary) for the purpose of Covered Entity or the Secretary determining compliance with the Privacy Rule(as defined in Section 8). 2.10 To the extent that Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 C.F.R. Part 164, Business Associate agrees to comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s). 2.11 Business Associate agrees to account for the following disclosures: (a) Business Associate agrees to maintain and document disclosures of PHI and Breaches of Unsecured PHI and any information relating to the disclosure of PHI and Breach of Unsecured PHI in a manner as would be required for Covered Entity to respond to a request by an individual or the Secretary for an accounting of PHI disclosures and Breaches of Unsecured PHI. (b) Business Associate agrees to provide to Covered Entity, or to an individual at Covered Entity's request, information collected in accordance with this Section 2.11, to permit Covered Entity to respond to a request by an individual or the Secretary for an accounting of P[11 disclosures and Breaches of Unsecured PHI. (c) Business Associate agrees to account for any disclosure of PHI used or maintained as an Electronic Health Record (as defined in Section 5) ("ER") in a manner consistent with 45 C.F.R. § 164,528 and related guidance issued by the Secretary from time to Page 23 of 26 6924 time; provided that an individual shall have the right to receive an accounting of disclosures of EHR by the Business Associate made on behalf of the Covered Entity only during the three years prior to the date on which the accounting is requested from Covered Entity or directly from the Business Associate,whichever is later. (d) In the case of an EHR that the Business Associate acquired on behalf of the Covered Entity as of January 1,2009,paragraph(c)above shall apply to disclosures with respect to PHI made by the Business Associate from such EHR on or after January 1,2014. In the case of an EHR that the Business Associate acquires on behalf of the Covered Entity after January 1, 2009, paragraph(c)above shall apply to disclosures with respect to PHI made by the Business Associate from such EHR on or after the later of January 1,2011,or the date that it acquires the EHR. 2.12 Business Associate agrees to comply with the"Prohibition on Sale of Electronic Health Records or Protected Health Information," as provided in Section 13405(d)of Subtitle D(Privacy)of ARRA, and the "Conditions on Certain Contacts as Part of Health Care Operations," as provided in Section t3406 of Subtitle D (Privacy) of ARRA and related guidance issued by the Secretary from time to time. 2.13 Business Associate acknowledges that, effective on the Effective Date of this BAA, it shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. § 1320d-5 and 1320d-6,as amended,for failure to comply with any of the use and disclosure requirements of this BAA and any guidance issued by the Secretary from time to time with respect to such use and disclosure requirements. 3. PERMIT,m) usES AND DISCLOSURES RV BUSINESS ASSOCWT. 3.1 General Uses and Disclosures. Business Associate agrees to receive, create, use, or disclose PHI only in a manner that is consistent with this BAA,the Privacy Rule,or Security Rule(as defined in Section 5),and only in connection with providing services to Covered Entity;provided that the use or disclosure would not violate the Privacy Rule, including 45 C.F.R. § 164.504(c), if the use or disclosure would be done by Covered Entity. For example, the use and disclosure of PHI will be permitted for"treatment,payment,and health care operations," in accordance with the Privacy Rule. 3.2 Business Associate may use or disclose PHI as Required By Law. 3.3 Business Associate agrees to make uses and disclosures and requests for PHI: Consistent with Covered Entity's Minimum Necessary policies and procedures established by the Standard Operating Procedures adopted by in the Monroe County Social Services Department,as may be amended from time to time. 3.4 Business Associate may not use or disclose PHI in a manner that would violate Subpart E of 45 C.F.R. Part 164 if done by the Covered Entity. 4. OBLIGXHONS OF COVERED ENTITY. 4.1 Covered Entity shall: (a) Provide Business Associate with the Notice of Privacy Practices that Covered Entity produces in accordance with the Privacy Rule, and any changes or limitations to Such notice under 45 C.F.R. § 164.520, to the extent that such changes or limitations may affect Business Associate's use or disclosure of PHI. (b) Notify Business Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed to or is required to comply with under 45 C.F.R. § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI under this BAA. (c) Notify Business Associate of any changes in or revocation of permission by an individual to use or disclose PHI, if such change or revocation may affect Business Associate's permitted or required uses and disclosures of PHI under this BAA. Page 24 of 26 6925 4.2 Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy and Security Rule if done by Covered Entity, except as provided under Section 3 of this BAA. 5. COMPLIANCE WITH SECURITY RULE. 5.1 Business Associate shall comply with the FllPAA Security Rule, which shall mean the Standards for Security of Electronic Protected Health Information at 45 C.F.R. Part 160 and Subparts A and C of Part 164, as amended by ARRA and the HITECH Act, The term "Electronic Health Record"or"EHR" as used in this BAA shall mean an electronic record of health-related information on an individual that is created,gathered,managed,and consulted by authorized health care clinicians and staff. 5.2 In accordance with the Security Rule,Business Associate agrees to: (a) Implement the administrative safeguards set forth at 45 C.F.R. § 164.308, the physical safeguards set forth at 45 C.F.R, § 164.3 10, the technical safeguards set forth at 45 C.F.R.§ 164.312,and the policies and procedures set forth at 45 C.F.R. § 164.316,to reasonably and appropriately protect the confidentiality,integrity,and availability of the ePHI that it creates, receives, maintains, or transmits on behalf of Covered Entity as required by the Security Rule. Business Associate acknowledges that, effective on the Effective Date of this BAA, (a) the foregoing safeguards, policies, and procedures requirements shall apply to Business Associate in the same manner that such requirements apply to Covered Entity,and(b)Business Associate shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. § 1320d-5 and 1320d-6,as amended from time to time,for failure to comply with the safeguards, policies, and procedures requirements and any guidance issued by the Secretary from time to time with respect to such requirements; (b) Require that any agent, including a Subcontractor, to whom it provides such PHI agrees to implement reasonable and appropriate safeguards to protect the PHI; and (c) Report to the Covered Entity any Security Incident of which it becomes aware. 6. INDEMNIFICATION. The parties agree and acknowledge that except as set forth herein,the indemnification obligations contained under the Underlying Agreement shall govern each party's performance under this BAA, 7. TERM AND TERMINATION, 7A This BAA shall be in effect as of the date set forth in the underlying agreement, and shall terminate on the earlier of the date that: (a) Either party terminates for cause as authorized under Section 7.2. (b) All of the PHI received from Covered Entity,or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity. If it is not feasible to return or destroy PHI, Protections are extended in accordance with Section 7.3. 7.2 Upon either party's knowledge of material breach by the other party,the non-breaching party shall provide an opportunity for the breaching party to cure the breach or end the violation; or terminate the BAA. If the breaching party does not cure the breach or end the violation within a reasonable timeframe not to exceed seven(7)days fi-oin the notification of the breach,or if a material term of the BAA has been breached and a cure is not possible,the non-breaching party may terminate this BAA and the Underlying Agreement, upon written notice to the other'party, 73 Upon termination of this BAA for any reason,the parties agree that: Business associate shall return to Covered Entity all PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, that the Business Associate still maintains in any form.The P1 11 shall be returned in a format that is reasonably Page 25 of 26 6926 expected to preserve its accessibility and usability. Business Associate shall retain no copies of the PHI. 7.4 The obligations of Business Associate under this Section 7 shall survive the termination of this BAA. 8. MISCELLANEOUS. 8.1 The parties agree to take such action as is necessary to amend this BAA to comply with the requirements of the Privacy Rule, the Security Rule, HIPAA, ARRA, the HITECH Act, the Consolidated Appropriations Act, 2021 (CAA-21),the HIPAA Rules,and any other applicable law. 8.2 The respective rights and obligations of Business Associate under Section 6 and Section 7 of this BAA shall survive the tennination of this BAA. 8.3 This BAA shall be interpreted in the following manner: (a) Any ambiguity shall be resolved in favor of a meaning that permits Covered Entity to comply with the HIPAA Rules. (b) Any inconsistency between the BAA's provisions and the HIPAA Rules, including all amendments,as interpreted by the HHS,a court,or another regulatory agency with authority over the Parties, shall be interpreted according to the interpretation of the I IHS, the court,or the regulatory agency. (c) Any provision of this BAA that differs from those required by the HIPAA Rules, but is nonetheless permitted by the HIPAA Rules,shall be adhered to as stated in this BAA. 8.4 This BAA constitutes the entire agreement between the parties related to the subject matter of this BAA, except to the extent that the Underlying Agreement imposes more stringent requirements related to the use and protection of PHI upon Business Associate.This BAA supersedes all prior negotiations, discussions, representations, or proposals, whether oral or written. This BAA may not be modified unless done so in writing and signed by a duly authorized representative of both parties. If any provision of this BAA, or part thereof, is found to be invalid,the remaining provisions shall remain in effect. 8.5 This BAA will be binding on the successors and assigns of the Covered Entity and the Business Associate. However,this BAA may not be assigned, in whole or in part, without the written consent of the other party. Any attempted assignment in violation of this provision shall be null and void. 8.6 This BAA may be executed in two or more counterparts,each of which shall be deemed an original, 8.7 Except to the extent preempted by federal law, this BAA shall be governed by and construed in accordance with the same internal laws as that of the Underlying Agreement. [End of Addendum] Page 26 of 26 6927 DATE(MM/DD/YYYY) ACCO " CERTIFICATE OF LIABILITY INSURANCE 08/04/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Yeni Linarea NAME: iSure Insurance Brokers,Inc. a/CNN Ext: (305)223-2533 a/c,No: (305)220-0765 8950 SW 74th Court E-MAIL Yeni@iSureBrokers.com ADDRESS: Suite 2201 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33156 INSURERA: Hartford Underwriters Insurance Company 30104 INSURED INSURER B: Travelers Indemnity Co.of America 25666 Caballero,Fierman,Llerena&Garcia,LLP INSURER C: Travelers Casualty&Surety Company of America 31194 8950 SW 74th Court,Ste 1210 INSURER D: INSURER E: Miami FL 33156 INSURER F: COVERAGES CERTIFICATE NUMBER: CL24122708164 REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE FX OCCUR PREM SES Ea occurrDence $ 1,000,000 MED EXP(Any one person) $ 10,000 A Y 21 SBABA3EO1 09/30/2024 09/30/2025 PERSONAL&ADV INJURY $ 2,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ❑PECT ❑ LOC PRODUCTS-COMP/OPAGG $ 4,000,000 : $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y 21 SBABA3EO1 09/30/2024 09/30/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION X STER ATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1,000,000 ❑ N/A UB8J849698 01/01/2025 01/01/202 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? 6 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability Each $1,000,000 C 106805268 09/30/2024 09/30/2025 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CPA.Locations: 8950 SW 74th Court,Ste 1210,Miami,FL,33156.1930 Harrison St.Suite 101,Hollywood,FL,33020.2255 Glades Road,Suite 324A,Boca Raton,FL, 33431. Certificate holder included as Additional Insured when required by a written and executed contract subject to the attached endorsements. APPROVED BY RISK MANAGEMENT BY & " DATE 8.05.25 WAIVER N/A X YES CERTIFICATE HOLDER CANCELLATION SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners.Attn:Risk ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key west FL 33040 ©1988-2015�ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 6928 AGENCY CUSTOMER ID: 00001279 LOC#: A"'' " "� ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED iSure Insurance Brokers,Inc. Caballero,Fierman,Llerena&Garcia,LLP POLICY NUMBER CARRIER 7-CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes CRIME&CYBER POLICY#106701406 Policy effective:03/15/2024 to 03/15/2025. Company:Travelers Casualty and Surety Company of America. Limit of Crime Insurance$500,000 Limit of Cyber Insurance$1,000,000. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights res-_..-' The ACORD name and logo are registered marks of ACORD 6929 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE 141 HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C.WHO IS AN INSURED: Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 6930 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE 141 HARTFORD (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Paragraphs (d) or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any"occurrence"which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; (b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for"bodily injury" or"property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 6931 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE 141 HARTFORD damage", or"personal and advertising injury" arises out of the rendering of or the failure to render any professional service. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or"property damage" included within the "products-completed operations hazard". f. Any Other Party (1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. Form SL 30 32 06 21 Page 3 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 6932 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Canon Financial Contract g NASPO-ACS,FL 1,87646 Effective Date: 4/01/202 Expiration Date: 4/0 /2030 Contract Purpose/Description: Canon Copier Equipment 60 month Lease FM1/lease under NASPO FL contract##187646 I-Canon imageRUNNER ADVANCE DX C39261 Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Marfiina Lake 3998 Corrections/98 CONTRACT COSTS Total Dollar Value of Contract: $ 6637.80 Current Year Portion: $ 1406.30 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the wwI CJ 1111111t16vc uInloi PMf IS `�f Ofl Of)fl.Ofl llr lukk). Budgeted? Yesz No� Grant: $ County Match: $ Fund/Cost Center/Spend Category: 101-20505-00050 ADDITIONAL COSTS Estimated Ongoing Costs: $30000/yr For: Copier Meter Usage Charges (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES ❑NO 0 CONTRACT REVIEW Reviewer Date In Joseph X. DiNovo Digitally signed by Joseph X.DiNovo Department Head Signature: Date:2025.042908:05:10-04'00' Joseph X. DiNovo Digitally signed by Joseph X.DiNovo County Attorney Signature: Date:2025.042908:05:18-84'88' adyn Flat Risk Management Signature: Jaclyn Flatt Digitally 202.04.29 90122-04 Y Date:2025.04.29 09:01:22-04'00' Purchasing Signature: Lisa Abreu 4/29/2025 John Quinn Digitally signed by John Quinn OMB Signature: Date:2025.04.30 08:32:36-84'88' Comments: Revised BOCC 4/19/2023 Page 84 of 105 6933 Sakof the keys,mc. Proposal for Monroe County Detention under State Contract- NASPO FL> #187646 Canon imageRUNNER ADVANCE DX C3926i The imageRUNNER ADVANCE DX C3900 Series is designed to enable enhanced office productivity. These intelligent systems provide an intuitive user experience and support Canon's range of holistic business solutions. The imageRUNNER ADVANCE DX C3926i model delivers speeds of up to 26 ppm for black-and-white and color (LTR). The imageRUNNER ADVANCE DX C3900 Series is built on the Fourth Generation imageRUNNER ADVANCE platform and offers standard Universal Login Manager(ULM), UFR II/PCL/PS Printing, HDD Encryption Kit, Wireless LAN and Remote Operators Software Kit. Options include staple finisher with convenience stapler and Super G3 fax board. Location of Unit: 5501 College Rd.Key West,FL 33040 Pricing: 60-month FMV lease under NASPO FL contract# 187646 at$110.63 per month to include set up, delivery, installation for 1-Canon imageRUNNER ADVANCE DX C3926i as well as pickup and return of old device,plus the following options. Options included in pricing: are listed in the attached CSAP Worksheet 1002, to include Cabinet Type-R; Inner Finisher-K1,Super G3 Fax Board-AZ1. Service and Supply Agreement: Zero base maintenance program billed by CFS under NASPO FL state contract# 187646 rates of $0.0111 per B&W page and $0.0683 per color page to include all toner, service, parts and labor. Excludes paper and staples. Includes delivery,setup,and connectivity Onsite customer training Toner replenishment Meter service provided through Canon Financial Services All local supplies,parts,and labor excluding paper and staples Average 2 hour response time to service priorities Please feel free to contact me with any questions at 305-783-8002 Thanks,John Ribble Confidential-not to be shared or copied without the prior written consent of Sands of the Keys,Inc PAGE I OF 1 6934 o m N a E C O a�a w w w «, ua ua . ua » d, m d c E w �awwva ww w v. Z m m umi W fl di m m � m C o h W W O E _ - ,tea,, w'' w mm �awFnm',u wwrus r C m N C 10 W C N o o a o o 0 o ry o v r c o o n 0 o 0 0 0 0 0 0 C o 0 0 0 0 0 0 0 0 o 0 0 o o 0 0 o 0 0 0 G o w 0 a o 0 0 y o 0 0 0 E " O 0 0 0 O O O O O O O O ` + O O O O O O O r !� mo w' O O O O O O O 0 0 11717 0 0 0 p � w rr Z U a iu E Q :� w m a c es �• o o. 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O cr p m ' m y �y o i rn O w ui r9 ra » w vi NM of j en w'ice w w•r o ` e m7 G. o m r rc c - H c U .. .a.. n 2 b In Cq w. d7 '.2 w E E E d rz p oCz rLLI� r F w: Z 2 Z z > a ' U w ° E 2 V c.t'n...�. ul In - s 6935 � µ imageRUNNER ADVANCE DX C3935i /C3930i C3926i imageRUNNER ADVANCE DX C3900 Series m , Canon's comprehensive portfolio of imageRUNNER t ADVANCE DX multifunction printers and integrated --� m solutions can help simplify the end user experience and management of technology, better control sensitive information and print-related costs, and help ensure that technology investments proactively evolve with changing needs. WORKFLOW QUALITY AND EFFICIENCY SECURITY RELIABILITY A large,10.1"responsive and intuitive Advanced standard security feature set to help Canon's signature reliability and engine touchscreen with smartphone-like usability, safeguard sensitive information and assist in technologies help keep productivity making operation clear and virtually seamless. regulatory compliance. high and minimize the impact on •Consistent interface across the • Integrates with existing,third-party SIEM*zsystems to support resources. imageRUNNER ADVANCE DX product line, help provide real-time,comprehensive insights into Outstanding imaging technologies and allowing work to proceed effortlessly and potential threats to the network and printers. toner allow for consistently striking images, with a minimal learning curve Technology to verify that the device boot process, thanks to Canon's VI color profile, • A unique,customized experience that firmware,and applications initialize without alteration • Designed to achieve maximum uptime with can be tailored to individual preferences at setup.Includes automatic recovery of boot process status notifications that help keep supplies using My ADVANCE. for self resiliency. replenished and intuitive maintenance Supports mobile solutions and integration with • McAfee Embedded Control'utilizes whitelisting videos for consumables replacement. many popular cloud services like Google Drive.' to help protect against malware and tampering imageRUNNER ADVANCE models have • Scan and convert documents to searchable of firmware and applications, received many awards and recognition from leading industry analysts,often referencing digital files in a variety of file formats. • Security settings can be established at once by strong reliability.This includes the 2022-2024 Integration with Canon and various third-party selecting the environment type in Recommended BLI Most Reliable A3 Brand Award from software with embedded application platform, Security Settings.Security policy settings can be Keypoint Intelligence. configured from a central location and exported to other supported devices. • Control access to the device and specific features using a host of flexible authentication methods—PIN code,user name/password,or card access.' 'Security Information and Event Manager,, * 6936 , DEVICE �� -- AND FLEET COST MANAGEMENT � �Vu, SUSTAINABILITY MANAGEMENT l Designed for quick,easy deployment. Track and assess print,copy,scan,and fax A combination of fusing technologies Remote diagnostics and parts life usage and allocate costs to departments and lower-melting-point toner minimizes or projects, power requirements and helps achieve management for proactive low energy consumption. maintenance and rapid fixes. Apply print policies and restrict usage by user to help reduce unnecessary printing Environmentally friendly packaging utilizes • Easy and intuitive to monitor device status and and contribute to cost efficiency. recyclable cardboard. consumable levels,turn off devices remotely, observe meter readings,manage settings, Standard cloud-based solution provides • Drum covers are constructed of regrind plastic, and implement security policies a centralized dashboard with up-to-the-minute helping to lower environmental impact. • Common firmware and regular updates insights into printer activity. ENERGY STAR'certified and rated with Unified Firmware Platform(UFP)for Upgrade to uniFLOW server or cloud-based EPEAT'Gold,s continuous improvements and consistency solutions for full accounting and reporting across a fleet. for compatible Canon and third-party devices, pull printing,job routing,and powerful scan workflows. -------------- y; h�Nl 2 tray,550 sheet capacity Hill I I RAY It 1 Corner and double stapling up to 50 sheets within the footprint of the main unit Supports Staple-free Stapling and Staple _ 11,4 IN I R:Z VWl'Y F I::AY M I On Demand -Supports optional internal 2/3-hole puncher(Inner 2/3 Hole Puncher-D1) ltdtilPY Pbv(-.� t 2 tray 3,250-sheet capacity 2 tray,3,250 l a ... sheopacity et c ] Corner and double stapling Corner and double stapling CASSETTE FFFMNG tPfl M'VI 111Cl11N E II 1Y11 Ill W up to 50 sheets up to 50 sheets Two 550-sheet cassettes Booklet-making up to 20 Supports Staple-free Supports up to 12"x 18" sheets and saddle-folding Stapling*and Staple up to 3 sheets On Demand Supports 14l1b.Bond to 80lb.Cover Supports Staple-free Stapling Supports optional 2/3-hole and Staple On Demand puncher(2/3 Hole Puncher Supports optional 2/3-hole Unit-Al) puncher(2/3 Hole Puncher Unit-Al) *Staple-Free stapling,up to 10 pages of 171la Bond. 6937 Ma a�n I�.�P II'�Iu �... �., w. Warm-up Time Platen Acceptable Originals From Power Approx,10 Seconds' Sheet,Book,3-Dimensional Objects Color Laser Multifunctional On: Platen Maximum Scanning Size From Sleep Approx.10 Seconds' Up to 11-3/4"x 17"(297 0 mm x 431 8 mm) Core Functions Mode: Standard: Print,Copy,Scan,Send,Store Quick Startup Approx,4 Seconds' Pull Scan Optional: Fax Mode: Color Network ScanGear2 for both Twain and WIA Processor Dimensions(W x D x H) Supported OS: Windows 8 1/10/Server2012/Server 2012 10 R2/Server 2016 22-1/4"x 28-1/2"x 35-3/8"(565 mm x 722 mm x 897 mm) 1.8 GHz Dual Core Processor Scan Resolution(dpi) Control Panel Installation Space(W x D) Scan for Copy: 600 x i) 10..1"TFT LCD WSVGA Color Touch-panel Basic: 38-1/2"x 44-1/8"(976 mm x 1119 mmp' Scan for Send: Push(600 x 600),SMB/FTP/WebDAV, Memory 600 Fully z Pull(600 x 600) 3 5 GB RAM Configured: 65"x 44-1/8"(1651 mm x 1119 mm)' Weight Scan for Fax: 600 x 600 Solid State Drive Approx 1874lb (85 kg)including toner Scan to Mobile Devices and Cloud-based Services Standard: 256 GB/Maximum:1 TB A range of solutions is available to provide scanning to w...oM. �„ Interface Connection rll Y II"'i( �("�4.t'.N�`k4 1"(IId�1II mobile devices and cloud-based services depending on your requirements Network: 10006ase-T/10OBase-TX/10Base-T, Print Resolution(dpi) Optional: Wireless LAN Board F-1 Scan Speed(LTR)(BW/CL) Others 1200 x 600,1200 x 1200 Single-sided 135 ipm(300 dpi)/80 ipm(600 dpi) Standard: USB 2 0 x1(Host),USB 3 0 x1(Host), Standard Page Description Languages Scanning: USB 2,0 x1(Device) UFR 11,PCL'6,Adobe'PS'3 Double-sided 270 ipm(300 dpi)/160/90 ipm(600 dpi) Optional: Copy Control Interface,Serial Interface Supported File Types Scanning: Paper A range of standard and optional software and d Services DestinationV'91 Sandard:mum:Capacity hOeb.Bond PDF,TIFF,JPEG,EPS,XPS Send II :4-I'(IM:ns ts Printing from Mobile Devices and Cloud-based Services Paper Sources(LTR,20 lb.Bond) based solutions(including AirPrint,Mopria,Universal Standard: E-mail/Internet FAX(SMTP),SMB 3 0, Standard: Dual 550-sheet Paper Cassettes, Print by Microsoft',Canon PRINT Business,and uniFLOW FTP,WebDAV,Mail Box 100-sheet Multipurpose Tray Online)are available to provide printing from mobile Optional: Super G3 FAX,IP Fax Optional: Dual 550-sheet Paper Cassettes devices or internet-connected devices and cloud-based Address Book (Cassette Feeding Unit-AW1) services depending on your requirements.Please contact LDAP(2,000)/Local(1,600)/Speed Dial(200) Paper Output Capacity(LTR,20 lb.Bond) your sales representative for further information Send Resolution(dpi) Standard: 250 Sheets Fonts Push: Up to 600 x 600 dpi Maximum: 3,450 Sheets PCL: 93 Roman,10 Bitmap fonts,2 OCR fonts, Pull: Up to 600 x 600 dpi (with Staple Finisher-AEl/Booklet Andale Mono WT J/K/S/T(Japanese, Finisher-AE1 and Copy Tray-T1) Korean,Simplified and Traditional Communication Protocol Finishing Capabilities Chinese);'Barcode Fonts" Email: FTP(TCP/IP),SMB 3 0(TCP/IP),WebDAV PS: 136 Roman Email: SMTP,POP3 Standard: Collate,Group File Format With Finishers: Collate,Group,Offset,Staple,Saddle-Stitch, Operating System15 Hole Punch,Eco Staple,Staple On Demand UFRII/PS: Windows'10/11/Server 2012/Server 2012 TIFF,JPEG,PDF(Compact,Searchable,Apply Policy, Supported Media Types R2/Server 2016/Server 2019/Server 2022 macOS(10,13 or later) Device Signature,User Signature),XPS(Compact,, Optimize for Web,PDF/A-1 b,Trace&Smooth,Encrypted, PP yP Multi-purpose Thin,Plain,Heavy,Recycled,Coated, PCL: Windows'10/11/Server 2012/Server 2012 Searchable,Device Signature,User Signature),Office Tray: Color,Tracing,Bond,Transparency, R2/Server 2016/Server 2019/Server 2022 Open XML(PowerPoint,Word) Label,Pre-punched,Envelope, PS: Windows'10/11/Server 2012/Server 2012 Postcard,Letterhead ver Server Maximum Number of Connection Upper Thin,Plain,Heavy,Recycled,Color, macOS(1013 2019/Server 2022,2 1 w� it Ilr iilVw II llll W w Cassette: Tracing,Bond,Transparency,Pre- macOS o orr later) n Lines punched,Envelope,Postcard,Letterhead PPD: Windows'10/11,macOS(1013 or later) 2 Lower Thin,Plain,Heavy,Recycled,Color, ... •------------- - Modem Speed Envelo ee,Postcard,Letterhead Copy-Out iV,a(I 1f) Super G3: 14A33 6 Kbps Cassette: Bond,Transparency,Pre-punched, ( y;,yl„1 Sn ped l p First- Time(LTR) G3: 14.4 Kbps Supported Media Sizes C3935i: Approx.5,5 seconds(BW)/ Compression Method Multi-purpose 12"MV,11"x17",Legal,Letter,Letter-R, 7.4 seconds(Color) MH,MR,MMR,JBIG Tray: Executive,Statement,Statement-R C3930i/ Approx,6.1 seconds(BW)/ (dpi) Custom Size/Free Size:4"x 5-7/8"to C3926i B 4 seconds(Color) Re ( p) 12"x 18",Envelopes(COM10 No,10, 400 x 400,200 x 400,200 x 200,200 x 100 Monarch,ISO-05,DL),Envelope Custom Copy Resolution(dpi) Sending/Receiving Size Size(3-7/8"x 3-7/8"to 12-5/8"x 18") 600 x 600 Statement-R[0 11"x 17" Upper Letter,Executive,Statement-R Multiple Copies Fax Memory Cassette: Custom Size(4-1/8"x 5-7/8"to 11-3/4"x Up to 999 B-1/2"),Envelopes(ISO-05) Up to 30,000 Pages(2,000 Jobs) Lower Cassette:12"x 18",11"x 17",Legal,Letter,Letter-R, Magnification Speed Dials Executive,Statement-R,Custom Size 25%-400%(1%Increments) Max..200 (4-1/8"x 5-7/8"to 12"x 18"),Envelopesb Preset Reduction/Enlargement (COM10 No 10,Monarch,DL) 25%,50%,64%,73%,78%,100%(1:1),121%,129%,200%, Group Dials/Destinations Supported Media Weights Max 199 Dials Cassettes: 14 Multipurpose 141b�Bondto ll0lb,Cover(52to 300 g/m2) Scan ptl�;Otl.;ii tJIIOIV �� _ Sequential Broadcast Bond to 140 lb Index(52 to 256 g ) -n;� Max.256 Addresses "q w II6 uJ Tray: Type Memory Backup Duplexing: 14lb Bond to 80lb Cover(52to 220 g/m) Yes Single-pass Duplexing Automatic Document Feeder" Print/Copy Speed(BW and Color) C3935i: Up to 35 ppm(Letter);Up to 23 ppm Document Feeder Paper Capacity (Letter-R);Up to 17 ppm(Legal/11"x 17") Up to 200 Sheets(20 lb Bond) C3930i: Up to 30 ppm(Letter);Up to 20 ppm Document Feeder Supported Media Sizes (Letter-R);Up to 15 ppm(Legal/11"x 17") 11"x 17",Legal,Letter,Letter-R,Statement,Statement-R, C3926i: Up to 26 ppm(Letter);Up to 20 ppm Custom Size:2-3/4"x 5-1/2"to 12"x 17"(69 9 mm x 139 7 (Letter-R);Up to 15 ppm(Legal/11"x 17") mm to 304 8 mm x 431.8 mm) Document Feeder Supported Media Weights BW/Color 13.3 Ib,Bond to 80 Ib Cover(50 to Original: 220 g/m=) 6938 11111Yfi1111 IIIIIIIJ 11111111111111111 JJJJJJ JJ 11111JJ11 bkr ll U1D1Jl1J I JjJ IIIII II lil � III l'f 1 IICIIJ1J1111,�"I1111� 1N Jk 1 I NI NYiYWilV NIIN��1111I UU INNN�U)Vl�Jlllll (fill, y)J II Jl 1D DJ 111 111J J 11 r1 Ull�, . I,I l llllllllllll fill ,�1 J1,11111111J fVlllJllllllll 1,, �ll, N y/'r � ! , „„ �-u,,,�� .����! I II , � JAI iri + t,1 D,rill!Nf�//N�Nkd.11111:1!(�JNn>N(Illl�ii III I, � t II � >I I JN I✓� ,kJ�441�Y1�lJN�IINfliNillllllllll�'d1�INIJI1J�Jfla�wl �,�IIIIUuANd f Urj Y Dual' IToner" II.11II iJC IE riBox(Number SupporteTLS d) FLewII Functionality(IP/MAC Address Filtering),Dua s Memory RX In-box,50 Confidential Network Support(Wired LAN/Wireless LAN,Wired LAN/ GPR-66 Toner BK/C/M/Y Fax In-boxes,Maximum 10,000 Pages(2,000 Jobs Stored) Wired LAN),WPA3 support(Wi-Fi),Disabling Unused GPR-66L Toner C/M/Y Advanced Box Functions(Enabling/Disabling Protocols/Applications, Toner Yield(Estimated @ 5%Coverage) Communication Protocol:SMB or WebDAV Enabling/Disabling Remote UI,Enabling/Disabling USB GPR-66 Toner Supported Interface),Communication Line Separation(G3 FAX,USB BK: 38,000 pages Client PC: Windows'10/11 Port,Advanced Space,Scan and Send-Virus Concerns for GPR-66 Toner Concurrent Connections(Max) E-mail Reception) C/M/Y: 25,500 pages SMB: 64 Device Security GPR-66L Toner WebDAV: 3(Active Sessions) Protecting SSD Data[SSD Data Encryption(FIPS140-2 C/M/Y: 11,000 pages Advanced Box Available Disc Space Validated),SSD Lock],Standard SSD Initialize,Trusted Subscription to a third-party cloud service required-Subject Standard:16 GB(With Option:max 480 GB) Platform Module(TPM),Job Log Conceal Function, to third-party cloud service providers'Terms and Conditions. Protecting MFP Software Integrity,Automatic Recovery, 2 Third-party SIEM system required.Subject to third-party etl':w;q.Wf,h11[y[',ws1Ci"1°:��"�"1110;„nii!t)%tl„:"I'UI"YI"f,"m Checking MFD Software Integrity(Verify System at SIEMsystem'sTermsandConditions-Canoncannotensure H Startup,Runtime Intrusion Detection) compatibility with all third-party SIEM systems. Authentication and Access Control 'This feature is off by default and must be turned on by the User Authentication(Picture Login,Picture and PIN Login, Device Management and Auditing user:Warm-up times are affected once turned on. Card Login,Username and Password Login,Function Administrator Password,Digital Certificate and Key Requires additional option. Level Login,Mobile Login),Department ID Authentication Management,Audit Log,Cooperating with External s For current EPEAT rating(Gold/Silver/Bronze),please visit De artment ID and PIN Login,Function Level Login), Security Audit System(SecurityInformation and Event www.epeat.net p g g )� y y Envelope Feeder Attachment A(standard)is required.. uniFLOW Online Express"(PIN Login,Picture Login, Management),Image Data Logging,Security Policy Setting Time from device power-on until copy ready(not print Picture and PIN Login,Card Login,Card and PIN Login, ,,,;,;,;;;;;;;;;, w..._.. reservation) Username PIN Login,Fun lion Level Login),Access Management nn"d°:1Pi''gp p11'"I; P ii:1: Login, P ;llll:i"II''id (�u'�Wf"t". 1''gd:iiiii:N�nil;°i'"%s sTime from exiting Sleep modeto when printing is ' operational. System(Access Control) Operating Environment 'Time from device power-on to when the copy icon appears Document$eCUflt Temperature: 50 to 86 OF and is enabled to operate on the touch panel display.. Y 0 Humidity: 20 to 80%RH(Relative Humidity) Includes Single Pass DADF. Print Security(Secure Print,Encrypted Secure Requirements Print, power Re "With right cover open+Multi-purpose tray extension Forced Hold Printing,uniFLOW Secure Print ),Receive extended+paper cassette open, Data Security(Confidential Fax Inbox Forwarding 110V-127V,60Hz,8 5A Includes Staple Fin isher-AE1/Booklet Finisher-AE1+Copy Received Documents Automatically),Scan Security Power Consumption Tray-T1 extension extended+paper cassette open. (Encrypted PDF,Device Signature PDF/XPS,User Maximum: Approx..1,500 W "Requires the optional PCL International Font Set-Al. Signature PDF/XPS,Adobe LiveCycle'Rights Sleep Mode: Approx.0:8 W19 "Requires the optional ms and Printer Kit-DI. Management ES2,5 Integration),BOX Securit Mail Box T 20 Other operating systems and environments,including gy( Typical Electricity Consumption(TEC)Rating AS/400,UNIX,Linux,and Citrix,may be supported.Some Password Protected,Advanced Space Access Control), C3935i: 0,33 kWh solutions are chargeable SAP Device Types are available via Send Data Security(Setting for requesting password C3930i: 0 29 kWh the SAP Market Place.For more information,contact your input per transmission,Restricted E-mail/File send C3926i: 0 26 kWh sales representative, functions,Confirming FAX number,Allow/Restrict Fax Standards 16 Detect Feeder Multi Sheet Feed is supported. Driver Transmissions,Allow/Restrict Sending From ENERGY STAR'Certified No charge forthis solution;however,activation is required. History,S/MIME Support),Document Tracking Rated EPEAT9 Golds Requires"0.8WSeep LOW of available OW, (Secure Watermark) "0.8 W Sleep mode not available in all circumstances due to certain settings. 20 Based on ENERGY STAR Product Specification for Imaging Equipment Version 3.0.. 21 GPR-66L Toner also available for Color(C,M,Y). Yield(estimated @a 5%coverage)is 11,000 images.. USA.CANON.COM/SIMPLYADVANCED Cal"i 0,11 " O As an ENERGY STAR'Partner,Canon U S A,Inc has certified these models as meeting the ENERGY STAR energy efficiency criteria through an EPA recognized certification body ENERGY STAR and the ENERGY STAR mark are registered U..S.marks.AirPrint and the AirPrint logo are trademarks of Apple Inc.. Canon,imageRUNNER,image PASS,and the GENUINE logo are registered trademarks or trademarks of Canon Inc.in the United States and may also be registered trademarks or trademarks in other countries. Canon products offer certain security features,yet many variables can impact the security of your devices and data.Canon does not warrant that use of its features will prevent security issues.Some security features may impact functionality/performance;you may want to test these settings in your environment.Nothing herein should be construed as legal or regulatory advice concerning applicable laws;customers must have their own qualified counsel determine the feasibility of a solution as it relates to regulatory and statutory compliance.McAfee and the McAfee logo are trademarks of McAfee LLC in the US and/or other countries.All other referenced product names and marks are trademarks of their respective owners.All printer output images are simulated.All features presented in this brochure may not apply to all Series and/or products and may be optional;please check with your Canon Authorized Dealer for details..Products shown with optional accessories-Canon U,S,A..does not provide legal counsel or regulatory compliance consultancy,including without limitation,Sartiarcae.-Oxley, HIPAA,GLBA,Check 21 or the USA Patriot Act.Each customer must have its own Qua.lkhed counsel determine the advisability of a particular solution as it relates to regulatory and statutory compliance. Specifications and availability subject to change without notice Not responsible for „w CANONSOON GENUINE `� typographical errors. i gy ,m @2023 Canon U.S.A.,Inc.All rights reserved. Tr el I iX TONER.CARTRIDGE Federal Law prohibits copying of certain documents Violators may be subject to penalties We suggest that you check with your own legal counsel.Canon U.S.A.,Inc..and Canon Canada,Inc.intend to cooperate with Law Enforcement Agencies in connection with claims of unauthorized copying d To learn about Canon's many awards,visit usa.canon.com/awards. 04/23-0345-8064 6939 Docusign Envelope ID:4316492D-64C5-4DFE-A159-386D43B9D8BE Department of MANAGEME III' SERVICES We serve those who serve Florida Enterprise Alternate Contract Source (ACS) No. 44100000-24-NASPO-ACS For Multi-Function Devices, Copiers, and Related Software and Services This Enterprise Alternate Contract Source No. 44100000-24-NASPO-ACS for Multi-Function Devices, Copiers, and Related Software and Services ("Term Contract"), is between the Department of Management Services ("Department"), an agency of the State of Florida, located at 4050 Esplanade Way, Tallahassee, FL 32399; and Canon U.S.A., Inc. ("Contractor"), located at One Canon Park, Melville, NY, 11747; collectively referred to herein as the "Parties." WHEREAS, section 287.042(16), Florida Statutes (F.S.) authorizes the Department to evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services; WHEREAS,the State of Colorado through NASPO, competitively procured multi-function devices and related software, services, and cloud solutions and executed Master Contract No. 187646, Multi-Function Devices and Related Software, Servies, and Cloud Solutions ("Master Contract"), with the Contractor; and WHEREAS, pursuant to section 287.042(16), F.S., the Secretary evaluated the Master Contract and determined that use of the Master Contract is cost-effective and the best value to the state. NOW THEREFORE, in consideration of the mutual promises contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Term and Effective Date. The Master Contract became effective on August 1, 2024, and its term currently ends on July 31, 2026. The Master Contract has three (3) years of renewals available. This Term Contract will become effective on August 1, 2024 or on the date signed by all Parties, whichever is later. This Term Contract will expire on July 31, 2026, unless terminated earlier or renewed in accordance with the Exhibit B, Enterprise Standard Terms and Conditions. 2. Order of Precedence. This contract document and the attached exhibits constitute the Term Contract and the entire understanding of the Parties. This contract document, Exhibits A, B, and C constitute the Participating Addendum to the Master Contract and modify or supplement the terms and conditions of the Master Contract. All exhibits listed below are incorporated into this Term Page 1 of 3 6940 Docusign Envelope ID:4316492D-64C5-4DFE-A159-386D43B9D8BE Enterprise Alternate Contract Source (ACS) No. 44100000-24-NAS PO-ACS For Multi-Function Devices, Copiers, and Related Software and Services Contract by reference herein. In the event of a conflict,the following order of precedence shall apply: a) This contract document b) Exhibit A, Additional Terms and Conditions to the Enterprise Contract c) Exhibit B, Enterprise Standard Terms and Conditions d) Exhibit C: Florida Post-Hoc Lease-Cancellation (FLPL) Rate Sheet for Canon U.S.A., Inc. e) Exhibit D, Master Contract (including any amendments to the Master Contract made prior to the effective date of this Term Contract and any subsequent amendments to the Master Contract that are added to this Term Contract in accordance with the Modifications Section listed below) Where the laws and regulations of a state other than the State of Florida are cited or referenced in the Master Contract, such citation or reference shall be replaced by the comparable Florida law or regulation. 3. Purchases off this Contract. Upon execution of this Term Contract, agencies, as defined in section 287.012, F.S., may purchase products and services under this Term Contract. Any entity making a purchase off of this Term Contract acknowledges and agrees to be bound by the terms and conditions of this Term Contract. The Contractor shall adhere to the terms included in any contract or purchase orders issued pursuant to this Term Contract. 4. Primary Contacts. Department's Contract Manager: Christopher McMullen Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399 Telephone: (850) 922-9867 Email: christo her 1T1crnulienna_dm§J[.�ow Contractor's Contract Manager: Samantha Owens Canon U.S.A., Inc. One Canon Park Melville, NY 11747 Telephone: (631) 330-2754 Email isgbidadmin qusa.c non.cO Either party may notify the other by email of a change to a designated Contract Manager Page 2 of 3 6941 Docusign Envelope ID:4316492D-64C5-4DFE-A159-386D43139D8BE Enterprise Alternate Contract Source (ACS) No. 44100000-24-NAS PO-ACS For Multi-Function Devices, Copiers, and Related Software and Services providing the contact information for the newly designated contact, and such notice is sufficient to effectuate this change without requiring a written amendment to the Term Contract. 5. Modifications. Unless otherwise stated in the Term Contract, any amendments to this Term Contract must be in accordance with Exhibit B, Enterprise Standard Terms and Conditions. If amendments are made to the Master Contract after the effective date of this Term Contract, the Contractor shall: 1) notify the Department of such amendments; and 2) provided the Department is amenable to incorporating the amendments into this Term Contract, enter into a written amendment with the Department in accordance with Exhibit B, Enterprise Standard Terms and Conditions. IN WITNESS THEREOF, the Parties hereto have caused this Term Contract to be executed by the undersigned duly authorized undersigned officials. State of Florida: Contractor: Department of Management Services Canon U.S.A., Inc. !/TI,DmuSfgned by: o-uc[uw"SYagned by: By: By: /■�� Name: Pedro Allende Name:Mason Olds Title: Secretary Title: SVP Date: 12/15/2024 1 4:09 PM EST Date: 12/13/2024 1:19 AM PST APPROVED AS TO FORM COUNTY ATTORNEY Page 3 of 3 6942 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Cannon Finance Contract g 44100000-24-NASPO-ACS piggyback Effective Date: 7/l/2'025 Expiration Date: 8130,120,30 Contract Purpose/Description: Lease Cannon Image-Runner Adv ante DX CC3926 Cassette Feeding Unit AW1 I liner 2 Way Tray M 1, — Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Kimberly Kelley Reads and Bridges Upper Keys CONTRACT COSTS Total Dollar Value of Contract: $ 4,194.55 Current Year Portion: $ 4D 52 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the gos�fl .elaeo koa ,vr,aladlN Ld "MN1w'hlw'h,'hlw'h„� Budgeted? Yes❑ No� Grant: $ County Match: $ Fund/Cost Center/Spend Category: 102 22500 SC-00050 R'errtals/-0'a e& C-00147 iMeter Charges ADDITIONAL COSTS Estimated Ongoing Costs: $7464/yr For: N/A (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES❑NO CONTRACT REVIEW Reviewer Date In Department Head Signature: Judith S. Clarke, P.E. Dig tally ate 2 signed by Judith S.Clarke,P.E Data: o2s.o6.161 1 24s7-oa•oo• County Attorney S Christine Limbert-Barrows Dig1ally signed by Christine Lin -Barrows Signature: Date:2025.06.1311:14:37-01 7� Jaclyn Flatt Digitally signed by Jaclyn F'att Risk Management Signature: Date:2025.06.1311:55:05-01 Albreu Purchasing Signature: Lisa Abreu Digitally 2025 signed618 13 a 20-0 Date:zozs Os 1s 13ss z0-ga 00 John Quinn Digitally signed by John Ouinn OMB Signature: Date:2025 06.19 07s6:11-01 Comments: Revised BOCC 4/19/2023 Page 84 of 105 6943 l 19a ksicw 4 Your C�ffice Technology Partner Proposal for MC Eng/ Roads/ Bridges Dept. under State Contract# 4100000-24-NASPO-ACS FL 187646 Canon imageRUNNER ADVANCE DX C3926i Ships standard with 200-sheet Single Pass Duplexing Automatic Document Feeder, Envelope Feeder Attachment, 100-sheet stack bypass, 2 x 550-sheet Paper Cassettes, UFRII/PCL/PS Printing, Direct PDF/ XPS Printing, Color Universal Send with PDF High Compression, Encrypted PDF, Digital Signature PDF (Device and User Signature), Trace and Smooth PDF, Searchable PDF/XPS, OOXML(Scan to PPT and Word), Universal Login Manager(Requires Download),uniFLOW Online Express, Access Management System, SSD Data Initialize, Data Encryption (FIPS-140-2), IP Sec, Encrypted Secure Print, Secure Watermark, Web Browser, 3.5GB RAM, 256GB SSD, Color Image Reader, Ethernet 10008ase-T/100Base- TX/10Base-T,USB 2.0/3.0 Connectivity, Wifi Connectivity, Remote Operator's Software Kit, Color Network ScanGear and Drum Units. For proximity card use, DX platform devices come standard with iC Card Reader Box.Any configuration requiring a Proximity Card Reader is an additional purchase. Location of Unit: 300 Magnolia Street Key Largo,FL 33037 Pricing: 60 month state contract 4100000-24-NASPO-ACS FL 187646 at$100.88 per month for (1)-Canon imageRUNNER ADVANCE DX C3926i effective date 07/01/2025 to terminate 06/30/2030 Options included in pricing:as listed in the attached CFS State Contract Equipment and Services Worksheet Service and Supply Agreement: Zero base maintenance program billed under state contract#4100000-24-NASPO-ACS FL 187646 at rates of$0.0111 per B&W page and$0.0683 per color page. ➢ Includes delivery,setup,and connectivity ➢ Onsite customer training ➢ Toner replenishment ➢ Meter service provided through Canon Financial Services ➢ All local supplies,parts,and labor excluding paper and staples ➢ Average 2 hour response time to service priorities Please feel free to contact me with any questions at 305-783-8002 Thanks MONROE COUNTY ATTORNEY APPROVED AS TO FORM John Ribble P CHRISTINE LIMBERT-BARROWS SR.ASSISTANT COUNTY ATTORNEY County Attorney:w ..... DATE:-6L1.2125., Date; ........... ..._ � �. ... County Administrator:, _ ............. Confidential—not to be shared or copied without the prior written consent of Sands of the Keys,Inc PAGE 1 OF 1 6944 Monroe County Board of County Purchase Order ro Commissioners 500 Whitehead Street Key West,FL 33040 Purchase Order Number United States of America PurchaseOrder Pate 05/15/2025 Tax Exempt#: Requ6ited Delius Date 07/01/2025 85-8013825294C-7 P ent Terms Due on Receipt ;Pa entT a Check IBMr Nina Basham Phone Number +1 (305)292-4437 Basham- Giovanna@MonroeCounty-Fl,go Page 1 of 1 Supplier. Ship To:, Canon USA,Inc. Monroe County Eng/Roads/Bridges 4100 N.Fairfax Drive Ste# 300 Magnolia Street 200 Arlington,VA 22203 Key Largo,FL 33040 United States of America Kimberly Kelley +1 (305)852-7108 Comments: Bill To: This PO is for(1)-Canon iRADV DX C3926i at 300 Magnolia Street Monroe County Board of County Commissioners Key Largo office,understate contract#4100000-24-NASPO-ACS 500 Whitehead Street FL 187646 for remainder of FY 25(07/01/25-09130-25)on 60 month Key West, FL 33040 lease(07/01/2025-06/30/2030)at$100.88 per month for a total of United States of America $6,052.80, Maintenance billed on zero base per-page rate of Julie Cuneo+1 (305)295 4390 $0,0111 per B&W page and$0,0683 per color page SC#4100000-24-NASPO-ACS FL 187646 Curren" ' Total 1^ines Amount .Total Tax Amount Total PO Amount' USD 403.52 0o00 403.52 Shi i Terms Shi 'in "Method 7777 Shipping instruction FOB Origin Ground Freight Packages must not be greater than 150 pounds. &eruice Unee . Line Number Mert Name _ Description; ' Unit of Measure 'Unit' Unit Price Una Aniourwt 1 MC Engineering, Roads and Bridges Contract 4 Month 100.88 403,52 #4100000-24-NASPO-ACS FL 187646 for Canon Financial Services 60 month contract for Canon iRADV DX C3926i with CFU AW1/Inner 2 Way Tray for 60 months at$100.88 per month. PO for remaining fiscal year 07/01/2025-09/30/2025 Nles' 44 e Purchase Order Number must appear on all correspondence,invoices,shipping papers and packages. 60 month FMV lease under Agreement No, 4100000-24-NASPO-ACS FL 187646 for(1)-iRADV DX C3926i with cassette feeding Unit, Inner 2 Way Tray at $100.88 per month + monthly maintenance estimate:$39(estimate for budgetary purposes only). Julie Cuneo-Purchasing Agent 6945 gw_0J]J..» EllO " u ' r' I 8�^ c 0 o ......� a"{ qe Iw g,44 o +" kw ttl 3 Er. a w E U C A 4kk +np 91 O YW 3 6946 Canon imageRUNNER ADVANCE DX C3935i /C3930i C3926i i�Ilor-, imageRUNNER ADVANCE DX C3900 Series mm i 1 inM f f • •. uu.m u'<,r t• v,r, v � , i il....uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu Ivu � i I Canon's comprehensive portfolio of imageRUNNER ADVANCE DX multifunction printers and integrated solutions can help simplify the end user experience and management of technology, better control sensitive information and print-related costs, and � help ensure that technology investments proactively evolve with changing needs. ` t^�,�� � �� QUALITY AND . ' WORKFLOW ` SECURITY RELIABILITY " EFFICIENCY A large,'0 t'responsive and intuitive ,Advanced standard security feature set to help Canon's signature reliability and engine touchscreen with smaftphone-like usability, safeguard sensitive information and assist in technologies help keep productivity making operanon clear and virtually seamless regulatory compliance, high and minimize the impact on support resources Consistent interface across the Integrates with existing,',h8rd party SIEM*'systems to imageRUNNER ADVANCE DX product line, help provide real-time,cornpre,npnsive insights Into Outstanding imaging technologies and allowing work to proceed effortlessly and potential threats to the network and printers_ toner allow for consistently striking images. Technology to verify that he device h�A�rat process,with a minimal learning curve thanks to Canon's V'color profile. • A unique,customized experience that firmware,and applications initialize°wvrtbou. alteration Designed to achieve maximum uptime with can be tailored to individual preferences at setup Includes automatic, of boot process status notifications that help Keep supplies using My ADVANCE for self resiliency. replenished and intuitive maintenance videos for consurnables replacement Supports mobile solutions and integration with McAfee Embedded Control'utilizes whitelisting many popular cloud services like Google Drive' to help protect against malware and tampering imageRUNNER ADVANCE models have of firmware and applications. received many awards and recognition from Scan and convert documents to searchable leading industry analysts,often referencing digital files in a variety of file formats. e ado ty t'ftli'trD an oe eskabIi,,rtiedji my,efay strong reliability.This includes the 2022-2024 rlectinq the nvrronrtr,eot, ype vin Re +%nrnf?n(Je+r BLI Most Reliable A3 Brand Award from Integration with Canon and various third-party ;r g uil,ty ltt.y s t ing. war toe Keypoint Intelligence, software with embedded application platform :.yantralrureu wrcj^"a.er)tt rt uc atl n tr I r--parsed ro other supported devices Control access to the device and soecitic Features using a host of flexible authentication methods—PIN code,user name/password,or card access.' •security information and Event Manai 6947 f r J DEVICE � COST AND FLEET ? SUSTAINABILITY v MANAGEMENT y MANAGEMENT De3igred-or ouick,easy deployment- Track and assess print copy scan,ard'ax A combin.a.ion of`us ng tec'rre ogles usage and al ocate costs to departments and'ewer-me ting-po nt toner m;rnmizes Remote diagnostics and parts We or projects power requirements and helps achieve -nanagernent for proac;rie low energy consumption maintenarce arc rapid fixes ^ ApD,y pr nt policies and restrict usage by user help reduce unnecessary pl:ntng Iry ronmentally:nendly packaging nl zes Easy and intuitive to rroni,or device status and and contrbute to cost e'-iciency recyciab e rardboard- Cons.,mable eves,turn off devices remotely opserve meter read.rgs,manage settings, S: u^ ardard cloud-based so• or provides Broom cover are constructed of reg^rid plas::c and implement security policies- a certraiized dashboard with up-to-the-minute heipirg a lower envirohmertal mpact insights into printer acCv,ty ENERGY STAR -ertrfied and rated Common firmware and regular updates with Unified Firmware z)lacforrn fUFP)for Jograde to uriFLOW serer or cloud-based EPEAT 'Gold: Continuous improvemerts and consistency solutions for full accour;irg and reporting across a'leet for compatible Canon and third party devices, puli pint ng,)oo routing and powerful scan workflows 9 IN14ER FINISHER-t_4 t 2-tray,550-meet capacity ` !1'rI�I V'u;nAv-la"I Corner and double stapling �? up to 50 sheets within the f `ootprint of the main unit Supports Staple-free .�... 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N'•+,' u 1 &Ie ;,;ap 5rsl !tla._ 'dl prop-' Oaf'6 J`.4 •'.•�Pu.r :'Yp r �_ erne A w .. ,Ipu-im3g 3r � ,,. i 'r23 V nl pf25 er'eC :f:h 1.3 3DD s 3 -s 1�r�'cr jr—du3[•d=%?au rr°Ic:uml ,,r,;ws2 check N,,r/oL'C3,Dn AL•h r _ tbl r p• "'.d Is eA I¢a;::";shown n•irh Dy= ya•t u u ;^:k a+ts.rn,.9-A ^_:es or]rov da iegai counset or reg:,aror v-omouarce_oosu-an,.y c Lding wr,cJ? ir-'at on 5'arlasi-rI'-,K et'' r,IPA A,3!3A, _cK 21 le'JSA-3rr'ot Aot '30. _,stoma _ust,3o r _ .s owr Iified:durs2l aererm,ne'he 3dvisab ,v�'3 Darricu 3f so';, on as '-e'3res'o-2g o'arof,and s aria;Ory cPmpnanc? 5D__C nc3' ,a.J 3va lad 0':irol=. 0-r+3nge Nrt�,,,•,00_e W'eS O-slble'Dr '_ANON 'v]Cgf3ph Jf of-or, P1■�■f�I ,GENUINE >.2, .3,]r•,3 A - A gh 3 _ ,?d V lAtl �u a .e a, ,: q.yyaz D1, D 3 - s'_gg s r n z vnh r o rr 3 .n I n ,>> r- 3rd ;3•ru'Canada n- :ntznD ny (] (] •o- es 3e ec .g _, r r .' .v ,as me-' •'3rnDr.ed..DDv,g To learn a50Ut Canon 3 many 3LV3r' s. 6949 usa canon com;awa imageRUNNER ADVANCE DX C3935i /C3930i C3926i imageRUNNER ADVANCE DX C3900 Series x r u f� f m yr f f v o ills' v �uu v r �_• � „�„„, 1;, „ v v uu� f f f� �IIIIIII I m , u uw IIII IIII IIIIIIII� i' f i �� �� � r ���I IIII IIII IIIII 10 uuuu°°°lll�iliii ��i ��I IIIIIIIIII' IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII�I i i l Canon's comprehensive portfolio of imageRUNNER ADVANCE DX multifunction printers and integrated solutions can help simplify the end user experience ,�,�ur-•--- --,„� is and management of technology, better control �� sensitive information and print-related costs, and help ensure that technology investments proactively iG�j u 4 o0o m I t I l�%w evolve with changing needs. it QUALITY AND / WORKFLOW �� SECURITY RELIABILITY f EFFICIENCY A large,10.1"responsive and intuitive Advanced standard security feature set to help Canon's signature reliability and engine touchscreen with smartphone-like usability, safeguard sensitive information and assist in technologies help keep productivity making operation clear and virtually seamless regulatory compliance, high and minimize the impact on support resources Consistent interface across the Integrates with existing,third-party SIEM*'systems to mageRUNNER ADVANCE DX product line, help provide real-time,comprehensive insights into Outstanding imaging technologies and allowing work to proceed effortlessly and potential threats to the network and printers. toner allow for consistently striking images, with a minimal learning curve thanks to Canon's V'color profile. • Technology to verify that the device boot process, A unique,customized experience that firmware,and applications initialize without alteration Designed to achieve maximum uptime with can be tailored to individual preferences at setup.Includes automatic recovery of boot process status notifications that help keep supplies using My ADVANCE, for self resiliency. replenished and intuitive maintenance videos for consumables replacement. Supports mobile solutions and integration with McAfee Embedded Control'utilizes whitelisting many popular cloud services like Google Drive' to help protect against malware and tampering imageRUNNER ADVANCE models have of firmware and applications. received many awards and recognition from Scan and convert documents to searchable leading industry analysts,often referencing digital files in a variety of file formats, Security settings can be established at once by strong reliability,This includes the 2022-2024 selectingthe environmenttype in Recommended BLI Most Reliable A3 Brand Award from Integration with Canon and various third-party Security Settings Security policy settings can be Keypoint Intelligence, software with embedded application platform. configured from a central location and exported to other supported devices. Control access to the device and specific features using a host of flexible authentication methods—PIN code,user name/password,or card access,' security Information and Event Manag(6950 Docusign Envelope ID:4316492D-64C5-4DFE-A159-386D43B9D8BE Enterprise Alternate Contract Source (ACS) No. 44100000-24-NASPO-ACS For Multi-Function Devices, Copiers, and Related Software and Services providing the contact information for the newly designated contact, and such notice is sufficient to effectuate this change without requiring a written amendment to the Term Contract. 5. Modifications. Unless otherwise stated in the Term Contract, any amendments to this Term Contract must be in accordance with Exhibit B, Enterprise Standard Terms and Conditions. If amendments are made to the Master Contract after the effective date of this Term Contract, the Contractor shall: 1) notify the Department of such amendments; and 2) provided the Department is amenable to incorporating the amendments into this Term Contract, enter into a written amendment with the Department in accordance with Exhibit B, Enterprise Standard Terms and Conditions. IN WITNESS THEREOF, the Parties hereto have caused this Term Contract to be executed by the undersigned duly authorized undersigned officials. State of Florida: Contractor: Department of Management Services Canon U.S.A., Inc. DocuSNnald by: o""14aad by: �� _4-U..,,,d.. �t a seen �{d S ByP By: Name: Pedro Allende Name:Mason olds Title: Secretary Title: SVP Date: 12/15/2024 1 4:09 PM EST Date: 12/13/2024 1 1:19 AM PST Page 3 of 3 6951 DEVICE COST SUSTAINABILITY AND FLEET MANAGEMENT MANAGEMENT Designed for quick,easy deployment. Track and assess print,copy,scan,and fax A combination of fusing technologies usage and allocate costs to departments and lower-melting-point toner minimizes Remote diagnostics and parts life or projects. power requirements and helps achieve management for proactive low energy consumption- maintenance and rapid fixes- Apply print policies and restrict usage by user to help reduce unnecessary printing Environmentally friendly packaging utilizes Easy and intuitive to monitor device status and and contribute to cost efficiency recyclable cardboard- consumable levels,turn off devices remotely, observe meter readings,manage settings, Standard cloud-based solution provides Drum covers are constructed of regrind plastic, and implement security policies. a centralized dashboard with up-to-the-minute helping to lower environmental impact. Common firmware and regular updates insights into printer activity. ENERGY STAR•'certified and rated • with Unified Firmware Platform(UFP)for Upgrade to uniFLOW server or cloud-based EPEAT-'Gold continuous improvements and consistency solutions for full accounting and reporting across a fleet- for compatible Canon and third-party devices, pull printing,job routing,and powerful scan workflows am==, rill 111,111,„��, �����I �III,I�I @I � I�Ilgllplll�llllll�lllllllllllllllllll I0 0 it f INNEIR MIIC^MITE-U1 2-tray,550-sheet capacity t.0 11111.1 T'Y'T RAY-S I Corner and double stapling up to 50 sheets within the footprint of the main unit Supports Staple-free ,—------ Stapling and Staple 111 11 NNIIM 2-WAY'T'RAY M1 On Demand -Supports optional internal c•�e„ 2/3-hole puncher(Inner 2/3 Hole Puncher-DI) --" j rrOPY'T'RAYT`I Nis", 1*1111, 41, i 1130 IrayFT FI 11��I1111:R- t�;�'T STAIPV...S FiNIa101:R..-AI"1 capacity 2-tray,3,250-sheet capacity Corner and double stapling Corner and double stapling T ASSIE:T T T If IEIi-.II1V1ING TTINII'T"AW1 CAMNT"T".T.VIf"E-W up to 50 sheets up to 50 sheets Two 550-sheet cassettes Booklet-making up to 20 Supports Staple-free Supports up to 12"x 18" sheets and saddle-folding Stapling"and Staple Supports 14lb Bond to 80lb Cover up to 3 sheets On Demand Supports Staple-free Stapling Supports optional 2/3-hole and Staple On Demand puncher(2/3 Hole Puncher Supports optional 2/3-hole Unit-Al) puncher(2/3 Hole Puncher Unit-Al) •stapie-rree stapling,up to to pages of 17 lb.Bond. 6952 livilidn Unit Warm-up Time Platen Acceptable Originals From Power Approx 10 Seconds' Sheet,Book,3-Dimensional Objects Type Color Laser Multifunctional On Platen Maximum Scanning Size From Sleep Approx 10 Seconds' Up to 11-3/4"x 17"(297 0 mm x 431.8 mm) Core Functions Mode: Standard: Print,Copy,Scan,Send,Store Quick Startup Approx.4 Seconds' Pull Scan Optional, Fax Mode. Color Network ScanGear2 for both Twain and WIA Processor Dimensions(W x D x H) Supported OS Windows`81/10/Server 2012/Server 2012 1 B GHz Dual Core Processor 22.1/4"x 2B-1/2'x 35-3/B'(565 mm x 722 mm x 897 mm)" R2/Server 2016 Control Panel Installation Space(W x D) Scan Resolution(dpi) 10-1'TFT LCD WSVGA Color Touch-panel Basic: 38-1/2"x 44-1/8"(978 mm x 1 119 mm)" Scan for Copy 600 x 600 Full Scan for Send: Push(600 x 600),SMB/FTP/WebDAV, Memory y Pull(600 x 600) 3 5 GB RAM Configured: 65"x 44-1 i B"(1651 mm x 11 9 mm)" Scar for Fax: 600 x 600 Weight Solid State Drive Approx 187.4lb,(85 kg)including toner Scan to Mobile Devices and Cloud-based Services Standard 256 GB/Maximum:1 TO A range of solutions is available to provide scanning to Interface Connection Pt"Ylfllt SpUMOkllft(`i-1'floi s mobile devices and cloud-based services depending on Network: 10006ase-T/100Base-TX/10Base-T, your requirements. Optional Wireless LAN Board F-1 Print Resolution(dpi) Scan Speed(LTR)(BW/CL) Others 1200 x 600,1200 x 1200 Single-sided 135 ipm(300 dpi)/90 ipm(600 dpi) Standard: USB 2,0 xl(Host),USB 3 0 xl(Host), Standard Page Description Languages Scanning, USB 2 0 x1(Device) UFR II,PCL`6,Adobe`PS"3 Double-sided 270 ipm(300 dp0/160/90:pm(600 dpi) Optional: Copy Control Interface,Serial interface Supported File Types Scanning: Paper Capacity(LTR,20 lb.Bond) PDF,TIFF,JPEG,EPS,XPS Standard: 1,200Sheets Printing from Mobile Devices and Cloud-based Services "xClind Spedf%T af(OG:1ns Maximum: 2,300 Sheets g A range of standard and optional software and MEAP- Destination Paper Sources(LTR,201b.Bond) Standard: E-mail/Internet FAX SMTP, Standard Dual 550-sheet Paper Cassettes, based solutions(including PRINT BPrint, sines,Universal FTP,WebDAV,Mail Box ) SMB 3,0, Print by Microsoft',Canon PRINT Business,and uniFLOW 100-sheet Multipurpose Tray Online)are available to provide printing from mobile Optional: Super G3 FAX,IP Fax Optional Dual 550-sheet Paper Cassettes devices or internet-connected devices and cloud-based Address Book (Cassette Feeding Unit-AW1) services depending on your requirements.Please contact LDAP(2,000)/Local(1,600)/Speed Dial(200) Paper Output Capacity(LTR,20 lb,Bond) your sales representative for further information Send Resolution(dpi) Standard: 250 Sheets Fonts ( p) Maximum: 3,450 Sheets PCL 93 Roman,10 Bitma fonts,2 OCR fonts, Push Up to 600 x 600 dpi P Pull: Up ro 600 x 600 dpi (with Staple Finisher-AE1/Booklet Andale Mono AT J/K/S/T(Japanese, Communication Protocol Finisher-AEI and Copy Tray-T1) Korean,Simplified and Traditional Finishing Capabilities Chmese)!'BarcodeFonts" File: FTP(TCP/IP),SMB3.0(TCP/IP),'•NebDAV Standard: Collate,Group PS: 136 Roman Email: SMTP,POP3 With Finishers Collate,Group,Offset,Staple,Saddle-Stitch, Operating System1s File Format Hole Punch,Eco Staple.Staple On Demand UFRII/PS: Windows`10/11/Server2012/Server2012 TIFF,JPEG,PDF(Compact,Searchable,Apply Policy, Supported Media Types R2/Server 2016/Server 2019/Server 2022, Optimize for Web,PDF/A-lb,Trace&Smooth,Encrypted, macOS(10,13 or later) Device Signature,User Signature),XPS(Compact, Multi-purpose Thin,Plain,Heavy,Recycled,Coated, pCL: Windows`10/11i5erver 2012iServer?-Or?- Searchable,Device Signature,User Signature),Office Tray: Color,Tracing,Bond,Transparency, Open XML PowerPoint,Word) Label,Pre-punched,Envelope, R2/Server 2016/Server 2019/Server 2022 p Postcard,Letterhead PS: Windows'10/11/Server2012/Server2012 -•-�•- ---------- "-• Upper Thin,Plain,Heavy,Recycled,Color, R2/Server 2016/Server 2019/Server 2022, S� x :keOt'Ificaa lloirrlav Cassette: Tracing,Bond,Transparency,Pre- macOS(1013 or later) Maximum Number of Connection Lines punched,Envelope,Postcard,Letterhead PPD Windows'10/11,macOS(70.13 or later) 2 Lower Thin,Plain.Heavy,Recycled,Color. Modem Speed Cassette Band,Transparency,Pre-punched, Copy SpedficaUt ris Super 33: 33.6 Kbps Envelope°,Postcard,Letterhead First-Copy-Out Time(LTR) G3: 14.4 Kbps Supported Media Sizes C3935i: Approx.5 5 seconds(BW)/ Compression Method Multi-purpose 12"x18" 11"x17",Legal,Letter,Letter-R, 74 seconds(Color) MH,MR,MMR,JBIG Tray Executive,Statement,Statement-R C3930i/ .Approx.61 seconds(BW)/ Custom Size/Free Size`4"x 5-7/9"to C3926i B 4 seconds(Color) Resolution(dpi) 12"x 18',Envelopes(COM10 No 10, 400 x 400,200 x 400,200 x 200,200 x 100 Monarch,ISO-05,DL),Envelope Custom Copy Resolution(dpi) Size(3-7/8'x 3-7/8"to 12-5i8"x 18") 600 x 600 Sending/Receiving Size Upper Letter,Executive,Statement-R Multiple Copies Statement-R[0 11"x 17' Cassette: Custom Size(4-1/6'x 5-7/8'to 11-3/4'x Up to 999 Fax Memory 8-1/2"),Envelopes(ISO-05) Magnification Up to 30,000 Pages(2,000 Jobs) Lower Cassette:12"x 18",11'x 17",Legal,Letter,Letter-R,Executive,Statement-R,Custom Size 25%-400%(1$ Speed Dials Increments) Speed 0 1,4-1!8'x 5-7/B"to 12"x 18''),Envelopes' Preset Reduction/Enlargement Max-2 Group Dials/Destinations (COMIO No 10,Monarch,DL) 25%,50%,54%,73%,78%,100'0 11:1),121%,129 200 p Supported Media Weights 400% Max.199 Dials Cassettes 14lb Bond to 140 ib.Index(52 to 256 g/m-) - - Sequential Broadcast Multipurpose 14Ib Bond to110 lb,Cover(52to300g/m2) Scan SpecVficatIoII'lIS Max.256 Addresses Tray Type Memory Backup Duplexing 14lb Bond to 80 lb Cover(52 to 220 g/m) Single-pass Ouplexing Automatic Document Feeder" Yes Print/Copy Speed(BW and Color) C3935i Up to 35 porn(Letter),Up to 23 ppm Document Feeder Paper Capacity (Letter-R);Up to 17 ppm(Legal/11"x 17") Up to 200 Sheets(20 Ito Bond) C3930i: Up to 30 ppm(Letter);Up to 20 ppm Document Feeder Supported Media Sizes (Letter-R);Up to 15 ppm(Legal/i 1"x 17") 11"x 17",Legal,Letter,Letter-R,Statement,Statement-R, C3926r Up to 26 ppm(Letter);Up to 20 ppm Custom Size 2-3/4"x 5-1/2'to 12"x 17"(699 mm x 139.7 (Letter-R),Up to 15 ppm(Legal/11"x 17") mm to 304 8 mm x 431.8 mm) Document Feeder Supported Media Weights BW/Color 13.3 It, Bond to 801b Cover(50 to Original: 220 g/m-) 6953 Z =111MM1111rj= . Store Spe ffVt"atIIoitcs Network Security Coin suIIla[Ales Box;Number Supported) LS 1 3 IPSac 'EEE3C2.1X 3uthenticauon,SNNIP V3 0, Toner" Firewall=jrotlonali y(IP/MAC Address Filtering;,Duai „ser!r-boxes, I Herne,:7<in-Dcx,5D Corfident it Ne;We-k Suopor'.ON-red LAW W�reless L4N,(Allred LAN: G'R-6b Tcne�BR'C.'M!v Fax in,ixes `A3umumIn0'Cna.-as 0;CJ.,_ss'ora_di 3�R-65L`o-erCrM/Y v- .'Jred_ANi,:VP43 supcort�•'vVi-F!';,Drsao ing 7nu3ed Advanced Box Pun_'ions'Enaoling;D!s3orr.g Protocols:a33hcano is Toner Yield(Estimated;y 5%Coverage) �prrmurl rn P-otocol SNIB or'Weo JAv Ena Durig,Dlsal lmg Remc'e JI,EnaoCing/Disao!ng:,SB GDR-66 Toner SUDDO(ted 'ri,a-t3l CD-nmtirication Line Salsaianon(03 74X,_SB BK 38,C00 pages Cl-art F" ',V inda'ws'1 i/'1 Port,Aovarced Space,Sian and Send-Virus Concerns for 3DR-56 Tone' Cdnc'.,r-oni.Co-lacuorts rV ax i E-mail Receouon) �dNI/y 25.50C pages SIVI8 54 Device Security ;PR-66L-o".er P HIV 3,Acii,eSess,o-s'. -,VIrY 11000pages 'rotecung SSD Data'SSD Data Enc.ypuor, CIDS140-2 Advanced Box Available Disc Space V3,cared),SSD Lx:<;,Standard SSD Imt,af:z3,-fisted Subscrp':on to a'nird-party cloud 3erv,e-e(pwrad Subject sr3ndard 16 OB"With Option m=_x 430 GBj plat+^.rm VDdu,e;TPNIL uoo Log Conceal Function, is:hard party.loud service provider Terms and 3ordit:ors Protecting VFP Sof',va,e integrity,Automatic Recovery, Third party STEM system'equ:re_d-SuD:ec-re third pact' ea 'C' 9t';. "��!(p 0'y(=� Cnec'icicg D,1F fr I D Sd .ware Integrity;`ienfy System at SI=V syslem s arms and.Condtiors Canon carnot ensure ctuu"t ,a..ecli -^mpatibihly m"L,ill'rfrd-?arty SlEM systems Authentication and Access Control Startup Run[,ma_Intrusion.Detec:icn) This feature;s off by default and must oe Turned on dy the -se,4u:rantcauon(Picture-ogin,Picture and PIN Logic. Device Management and Auditing user warm up limes are 3fracied once::rned Dr -ard'_Dgin,Jsername and Dassword Login,=unction Admir!str3tor Password,Digital Ca ificate and KeY ':Requires 3ddi;!oral option Tor:u Tier:?EAT raring tGoltl/SiP+eD Bronze),please nsrt _eve,Login,Mobile�_ogini,Decartmert D Awhen!!cauon Management,Audit Log,Cocoerarng witr'_x:ernai .N.N.w.epeat.net, :Depar" enl ID and PIN Login,Furction_evel_ogin;, security Audit System(Security Inforri and--van; -rvelope=seder auachmeri d'stardar3; s'm ured u-iF_l D�ire express'fPIN_ogin,Dlcture l in, Management) Image Data_oggin.g,Security Policy Setting T me'rom device power on unill opy ready',no!port Cali-and'IN�_ogir,Card Lcgii, Da'C and P N_ogin, resevat or�. ' 9 EinvIII oV�wil l'9'�u�� �Dedfi0aa�N6�If3s -:Me Tom exiting Sieep mode to.viten printing is sername and Password Login,Depa+-Hart�G and DIN Loom..=unction(Level_ogin),Ac:]ass Management operational Operating Environment System(Access Control) p 9 :.me rrom device power onto when the copy icon appears Temoer3lure: 50 to 36 IF and is enaoied'o ooerate on the touch panel display- Document Security Humidity 20 to 80.RH(Relative`tumidity` 'Includes Single Pass DAOF- Prfnt Security'Secure P,ml Encryotec Secure Print, Forced Hold D with igh[cover open-Molp-purpose Iraq expansion nnrm paper Power Requirements extended+- casset�a dpen, g,uniFLO'N Secure?tint";,Receive 1'OV-127V,50Hz,3-5A Data Security'Confidenual=3x inbox=c,wardmg 'includes Staple army:er ed+pope et ssetneopen *Copy Received Documents Automatically),Scan Securay Power Consumption eqTray it extension emended t doper cassette open.. crydted'DF Device Signature�DF%XPS,User Va,c:mum Aporox -,5C0 bV '=Requires:he optional PC�international root Set Al DI signature PDF'XPS,Adobe'_Val Rights Sieep Mode ADDrox o a''N'° i'Requires r aoo systems s and opts gi e Dther operating systems and environmee's.including blanagem=_tit E32.5 integra^on),BOX Security(Mail Box Typical Electr city Consumption(TEC't Rating" gSiaD(3,UNIX Lnux,and ClAnx,may de Suppor.ed.Some Password Prclectect,.Advanced Space Access Control). C3935i 0.33'<,Nr, solunors are cnargeabie SAD Device Types are available_via send Dace Secu I%,(Setting'or requesl:rg password -3930i: :29<`N` ,tie SAP Var'cel Place For more nforma:or cont3ci your ^out car-racism ssiat,P•est-ic'ed E-mail,File;end C3926i C 25 cPJn sales reprasen!3T!', ^,riot ors Corrir^,irg=AX numcer,AIIoW+P.a_s--IcT-3X $tandard5 'Jelect Peeder Vula Shea:Feed s suopored Diver T'3rsmissions AlldwyRas:.'et S-ridlil Iro-I •No cnarge for this selutior,however act vat cr is required ENEPG'y STAR"Cert reed 'Reduiras un:FLDW Online,unir_JW. -sto-v,3,rvTME support),Document Tracing Raced EPE.AT'Gole° D 9'PJ SieeG mode;rqi available n all crccumstances r;5ecure Aiatern-ar,j due to certain settings. Based Jn ENEl STAR Oroducl Scecificahor for Imaglrg Equipment Version 3 i GPR-d6L Toner also available for Colo,'C V,Y) y a:o estimated')54+:coverage) s CC';images- USA CANON COM/SIIM?LYADVANCED calloll Ogal As an ENEP.Gv STAR'Par•'ner -anon U S A Irz Has cerr,=,ed-hese,!oriels is maa;.ag:n_ENi_PG 1 ,, ; tpr.,s 9"vw sit d a rti: :> 9ry�a arise Dr tr,,• - .r,ae t .;x,'g+� ,P tit..yr uNX: i 4 or a! pr rt ��..,m+ v- rt�, s rtNf Ii,Gr Aor I,i eisrev:; �aP.r,i r, i P1,!.Pp,R rA"°iqt Aa+ )0,f f '."n UIti_ urn II, 1pn .tl nv:;, p ,•.yre:s rIPi."°'Gfi''.stB '-arr r r v+a .rl P b"uBN"y NI I nFi'y d a._Y.Nat:Y� C, Y ar I34C,6 o-atia,'o h• .t"dig ury Car•1 ,h Tau 1 rr. ,,?O:Ajc P!�:w ot'tie I r r 0 a r ti ielNU .In,titlTp) rg,. ..r is^r 4 re"", 2N 1 1i"IA won W .di `0r,WI, r4 io n1 'qe, .,r A I r kn, iML'A+. I' ".� NN, So,r'.' 1'13 , 71'f 'eN'"4a"".,. 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HIP44,3LBA,-,`ecic 21 or the USA Patriot Ac: =act 3ustome,must•nave_ is own g,yahric-ld course) .7eterrnme'he advraabl ilv or a particular 3oiut on as c-ai3tes to regulatory and Statutory compliance spec fits'on,3rd ova laoiht/sucle:r:o_nange rn[now'notice Nor'esporsible`or •CANON ryppgraph���ar-ors m,,GENUINE 2023 Caron 1 S A ro d r ghs resa„ad Teel h v^ a..,,, •c %prima= - emvx� _a;,3l .lr ,:DJ r :_r-3�i,do:.r•eirs ,� r3+�=s�oie- 3 penatds rc s_ggas:hat,Du.neck will, ,our o:rr l.ounsel Cano 3 J_S>.arc-and yrp.,ar Canada, tie intend ' io 000p'rata_ Law-atorceme^t Agent es.n tinned ar.v'In,aims;r ra+F pra'ro,zed CODY',,g To learn about Canon 3 manY awards, Visit usa.canon,comrawar 6954 Monroe County Purchasing Policy and Procedures AITALLINLN'L COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Check Electric,LLC, _.w.Contract 9 Effective Date: Expiration Date: October 15,2025 Contract Purpose/Description: Electrical Conduit and Grounding upgrade at the Supervisor of Elections,5200 College,Rd,,Key West,Florida 33040 Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Wmiam°oesantis 4307 Facilities Malpt,omance Stop#9C Marne) CONTRACT COSTS Total Dollar Value of Contract: 24 $ �. Current Year Portion: $ (must be$100,000 750.00000 00 or less) ' (If multiyear agreement then requires BCCC approval,unless the l- 1 Ill 'I )j I I I I Budgeted? YAK No E] Grant: $ County Match: Fund/Cost Center/Spend Category: 22004700061 ; ADDITIONAL COSTS Estimated Ongoing Costs: $0 /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) hisurance Re aired: YES © NO CONTRACT REVIEW Reviewer Date In Department Head Signature: William Desantis - - - Digitally signed by Joseph%..DiNovo County Attorney Signature: Joseph X. DiNovo Date:202507..3107:4734-04'00' Risk Management Signature: Jaclyn Flatt Date:y signed by 8:37: Flan y Date:2025 07 31 08:37 56 04 00 Purchasing Signature: Lisa Abreu Digitally t-202508 1 Lisa Abreu 17 Date:zozs oe.o1 15:40:49-04•00• OMB Signature: Andrew Roltsch Date:l02508,ned by Andrew Rollseh Dale:2025.00,01 16:36:13-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 6955 ESTiMAT E #878 ES T I MA Tr: DA f E JUn 27 2G25 EXPRATION qATE Aug 17,2025 ........_a.. ............... ................................. ........................ lie TOTAL $24,750,010 —--------------- .......................................................... ............... Check Electric LLC Monme Counly Public Work�-'.-,BO(EC I 100&inontori svopt 5200 College-Sp of Eleclions Key West, IFL 33040 52l'.)O Coiiege, R�d Stock island Burg ;3" ' 3255 Flagler Ave, 303 Key Wew FL 330140 Jj r):,:, c ESTIMATE Pfoposat tor Partial Electrical Condurt and(33roundling Upgrade $24,75M0 L.Ocaitlon.soulh Wing(Includes 9 File Rooms,Bathroom Office,Hatiway,and ElectiricM Room) Si'.;ope of'Work: This proposal includes the paMM Upgrade oaf exisring eiectrical cmiduit systi',,rrs with the addition of groundirig condLictors in aie designated areas of the Souffi Wrig.Wo�k fo be pertormed inckjdesr F,IemcvaA oh all emsting eipctncal fixtures and devices in the specrfred areas ReirnovN o ah exishng canductrirs whim existing coinduit systenis instaHatfoini ol new coricludors,induiifiiig dedicated grmindmg COndLiCtors,in afl rexisting corodujr runs. Banding ar d grounding of afll rnetall electrical bi-mas and eircilosUrer,to mev,current code Re"islaflation of all prev'Dirw Ay removed electrical diewces.anid fixtures. Upgrade or groundmg conducfi',)i's m exisiting condijips between line seivice-rated disconriec.',,t, autoniatic transler swIchi(ATS)i,and eXtenor to centers, ---------- Nris and Specillcatioris:This proposal is based on a Pirlyoicall sile visit and visual l inspecilon aP the emstirig electrtcM infrastagrure,All work wilrl a)Ip pasrdaarnted in c,,ornpliance mth cunrent NEC standards and tonal r,,odem ----------- EXCLUSONS(Not incliuded!rii proprrxralg permit or inspectiorii fetes. Engineering or desqrr docurnorlilarjoir. `,Jcrii1h'Wing and front offices. Repaacernent or upgrade lighit fixtuies and electmall devvces(unless spe6ficafly notedp. Repairs�,o finishes(wafls ceifings,ete). Cosis associMed with unforeseen coinditions or i`461e l SSUes nLA visible dii the indial silE,,inspection Seivicps subtolali$24,750 001 Subtotal $24,750,001 Tax GNo T,ax(Ylj�) $000 --........ --- Total $24,7501.00 6956 For blla ng questionsj pbease oaH: (305)292-3369 Thank you for your busdne;ss! D eck,EI e cir,c I1,.L.0 L I,i 301l 451, 5 '"f7(a, 2 rh 2 6957 ............. MONROE COUNTY BO'ARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR ELECTRICAL CONDUIT AND GROUNDING UPGRADE AT SUPERVISOR OF ELECTIONS OFFICE, 5200 COLLEGE ROAD; KEV WEST., FLORIDA , 040 BOARD OF COUNTY COMMISSIONERS Mayor James K. Scholl, District 3 1 or Pro TTin Michelle Lincoln, District 2 Craig Cates, District I David Rice, District 4 Floily, Men-ill R.ascheiii, District 5 C01TN'rN' ADMlN1S'FRAr(")R Christink: Hurley Clork of'the Circuit Court Facilities Maintenance Director Ke�in Madok Witham DeSantis R,"ILY2025 PREPARED BY� Monroe(.',ounty Fact lifies Maintenance Depatliment Page I of 33 6958 Monroe County Facilities Maintenance General Scope of Work R,6 Nanic Ficctrical Conditit and GI-OUnding Up raid Job Location- Superviwr of Elections, 5200 College Rd. Key. West. Florida 3 040 Contact: ChrIssy Collins Chrissy Collins Collins-Chrissvw Monroe(`ounIN-fl.gttN 305-304-9 11 PROJECT OVERVIENN PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Enter into as contract with a quahfitA contractor for Electrical Conduit and Grounding Upgrade at SuperA,isor of Elections Office, 52,00 College Road, Key West, Florida 3 3043 The term of this contract shall commence upon the data of' tssuance to the andersigned by, the Owner of the Notice to 11roceed/Purchase OrderiTask Order. Once commenced, the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Pro�ject within Thirty (30) days, thereafter. The Contractor shAlS r.b qq�qrcL tea se!iu ay furaH re kLirLdTgLmitsand: _ _I QVjL(LyLj,Li IL21erforL p t1�«LAoj:k ortroe County Buildirig ._, Miich may nclude� Nl Department and any other perrnitting or reguWory agencies, if applicable, The C I ontractor shall include thosp_Mqnit fees as as part of the Contractor's bid,, 8) ?N11 LlUOWS arc dUc by Wednesdav, Julv 16, 2025, at! 12:00 P-Nt, Via email to (.,,tjtWts Ght�s,� a motm)eco t All QUOteS IIILISt State they will be 1 1— _:- , '-U I I'—'- good for one hundred twenty, (120) calendar days from submittal due (late. Page 2 of 33 6959 2. Project Intent and Scope Scope of Work: ThQ Contractor shall provide the following Scope of Work and provide all lab,or and rnaterials to corriplete the Electrical Conduit and Grounding Upgrade at the Superw isor of Elections Office. Work shall be perfori-ned in the South Wing of the Building, which includes as file roorris, a bathroom, office, hallway and.electrical roorn. and shall include. • Rernoval of all existing electrical fixtures and devices in the specified areas. • Removal of all existing conductors %vithin existing conduit systems. • Installation of' new conductors, including dedicated grounding conductors, in all exist�ing conduit runs. • Bonding and grounding of all metal electrical boxes and enclosures to, meet current code requirements, • Reinstallation of all previously rernovcd electrical devices and fixtures, • Upgrade of grounding conductors in existing conduits between the service-rated disconnect, automatic transfer switch (ATS). and exterior load centers, • All work shall be perfonned in compliance with current NEC standards, and local codes. 3. +enrerall Requirements A) The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department. Contacv Chrissy Collins - 305-304-9711 B) The Contractor is required to provide protection for all existing surfaces including, but not limited to: i. Existing fixtures it personal Iterns iii. Floors i% Vehicles and Personal Property % Landscapi ng c) 'The Contractor shall ensure that all non-exci-ript ernployees for this effort are cornpensated rn accordaricc with all State and Local Laws, D) The Contractor shall load, haLil, naiad properly dispose of all construction debris and rnaterials. E) The Contractor shall provide arid maintain appropriate (()SHA required) construction warning signs and barriers. Page 3 of 33 6960 F) The ontractor shall furnish all required work site safety equipment, G) 'The Contractor shall furnish and maintain can-site material safety data sheets f MSDS) for all materials used in the cowstnict 1011, 11) ConstrUtion %Aork times shall be limited to those specified by the County. 1) All materials must be approved by SUbtruttal prior to commencement ofwork, J) 'The Contractor shall provide a lump surn price by NVednesday July 16, 2025, at 12:00 P.M , %,ia ernall as noted licrein. K) The Contractor needs to be aware of%veather and location and plan accordingly. L) The Contractor needs to be aware of the facility, its residents, and staff with. unusual schedules and plan accordingly. M) The Contractor shall provide a schedule for all phases of the project. N) The Contractor shall coordinate all activities with concurrent site work being pet-1501-Med, ifany. Cl) Insurance Requirements: Workers' Conipensation Statutory Limits Employers' Liability $100.000 Bodily Injury by Accident S50,0,000 Bodily injury ury by Disease, policy limits, S 100,000 Bodily 111JUry by Disease, each employee General Liability S200,000 per Person S300,000 per Occurrence S200,000 Property Damage or S300,000 Combined Single Limit Vehicle: S200,000 per Person (Owned, non-mvried, S300,000 per Occurrence and hired vehicles) S200,000 Property Daniage or S100,000 Combined Single Limit Builders Risk Not Required "-1onstr Not Required uction Bond Page 4 cif": 3 zn 6961 Fhe Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate holder and ,additional Insured on General Liability and Vehicle policies, A "Sample" Certificate of Insurance is attached, which may not be reflective ofthe 'insurance amounts required for this project but is provided for 1.infbrinational purposes- only, P) The(.-,'Ontractor is required to hake al I current licenses necessary to perform the work and shall submit the Contractor's License and Monroe ounty Business Tax Receipt along with its Proposal 11"the Contractor is not a current registered Monroe County Vendor. then it shall also submit a property completed and executed W'-9 Form. Q) INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE, Notwithstanding any Ininitnurn insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indemnify and hold the County and the County's, elected and appointed officers and employees harmless frorn and against (i) any claims, actions or causes of action, (ii) any, litigation. administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss., damage, fine, penalty or business interruption, and (Ill) any costs or expenses that may be asserted against, initiated with respect to, or suslained by, any indemnified party by reason of, or in connection with, (A) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the tern) of this Agreement, (B,) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or ornission of the Contractor or any' of its employees, agents,, sub-contractors or other invitees, or (C) the Contractor's default in respect of any ofthe obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,. costs or expenses arise ftomi the, intentional or sole negligent acts or omissions of the County or any of its, employees, agents, contractors or invitees (other than the Contractor). "Tile monetary, limitation of' liability under this contract shall be equal to the dollar value of the contract and not less than S1 million per Occurrence pursuant to Section 725.06, Florida Statutes. 'The limits of liability shall be as set forth in the 111SUrance requirements included in Subparagraph 3(0). herein. Insofar as the claims, action.,,, causes of action, litigation. proceedings, costs or expenses relate to e,vents or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of dais Agreement. In the event that the completion of the proJQct (to include the work of'others) is delayed or SUSPCrided as a result of the Contractor's failure to purchase or maintain the required insurance, the ("ontractor shall indettinify the Countv fton.i any and all increased expenses, resulting frorn such delay. Should ally claims be asserted against the COLinty by vu-ttie of any deficiency or ambiguity Page 5 of 3 3 6962 in the plans and speciti cations provided by the Contractor.the Contractor agrees and warrants that the Contractor ontractor shall hold the County han-riless and shall indemnify it froni all losses occurring thereby and shall further defend any claim or action on the ('aunty's behalf, file extent of liability is in too %vay limited to, reduced, or lessened by, the insurance requirements contained clsewhere within this Agreement. This indemnification shall sun,ivc the ternitnation, of this Contract Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign unillunity. R) NON-COLLUSION. By signing this proposal. the undersigned swears, according to law oil his her oath, and under penalty of pqjury, that its firm executes this proposal with prices arrived at independently without collusion, consultation, communication, or agreement for the purpose of" restricting competition, as to any matter relating to Such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor. No attempt has been made or will be made by the proposer to induce any other person, partnership cir corporation to submit, or not to submit a Proposal for the Purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the full know ledge that Monroe County relies upon the truth ofthe statements contained in this paragraph in aw°arding contracts for this, project, S) EMPLOYVIENT OR RETEN'nox Cale' FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigued warrants that he/she/it has not employed, retained, or otherwise had act on his/her/its behalf any fOnneT County officer or employee in violation of Section 2-149, Monroe County Code of6rchnances or any County officer or ernployce in violation of Section 2-150. !vlonroe County Code of Ordinances, For breach or violation of this provision the County may. in its discretion. terminate this Agreement without liability and may also, in its discretion, deduct frorn the Agreement or purchase price,, or otherwise reco%er, the fill] arnount of assay fee, cornmission, percentage, goiff,or cf.)nsideration paid to the former County officer oremployee pursuant to Subsection I-152(b), Monroe County Code of Ordinances. 1) CODE OF E,rHICS. The County agrees that officers and employees of the County recognize and will be required to comply with the standards of c onduct fat: public: Officers and employees as delineated in Section 112,31.1, Florida Statutes regarding, but riot hinked to, solicitation or acceptance of gifts', doing business with one's agcncy; unauthorized compensation; misuse of public Page 6 of'33 6963 ............ position, conflicting employment or contractual relationship; and dISCIOSUre or use of certain inforniation. U) DRUC-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the contractor complies fully with, and in accordance, with Section 287.087,, Florida Statutes, as fi.)llows: 1) It will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the w%orkplacc and specify, the actions that Will be taken against employees for v Lotations of such prohibition, 2) It will info,nn employees about the dangers of drug abuse in the workplace, the business"s policy of maintaining a drug-fice workp�lace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that ri'lay be imposed upon eniployees, for drug abuse violations, 3) it Will give each employee engaged in providing the commodities or contractual services that are Linder bid as copy of the statement specified in Subsection 1, 4) In the statement specified in Subsection 1, it Will notify the employees that, as a condition of working on the commodities or contractual scrvices, that are Linder bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea, of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled Substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction, 5) It Will impose a sanction on. or require the satisfactory participation in, a drug abluse assistance or rehabilitation prograin if Such is available in the employee's community, for any employee who is so convicted. 6) It will make as good faith effort to continue to maintain a drug-free workplace through implementation of this section, ADDITIONAL CONTRACT PROVISIONS II Nondiscrimination/Equal EmploN,ment Opportunity. The Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a deteri-nination by a court of' competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. 'The Contractor, agrees to Corriply Witfri all Federal and Florida statutes, and all local ordinances,, as applicable,, relating to nondiscrimination. These include but are not limited to: I ) ritle "III of the Civil, Rights Act of 1964 (PL 88-352) which prohibits discrimination oti the basis of race, color or national origin, 2)1"itle IX of the Education Amendment of 1972, Page 7 of 33 6964 as amended (20 USC ss. 1681-16S3, and 1685-1686), which prohibits discrimination oil the basis of sex, 3) Section 504 of the Rehabilitation Act of' 1973, as amended (20 USC s, 794)i, which prohibits discri rni nation on the basis of disability-, 4) The Age Discrunitialion Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination oil the basis ofage, 5) The. Drug, L Abuse Office and freatment Act of 1977 (PL 92-255), as arnerld, relating u) nondiscrimination oil the basis of`drug abUSC- 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act of 197'0 (PL. q 1-616), as arriended, rch-iting to nondiscrimination on the basis of alcohol abuse or alcoholism.- 7) The public Health Service Act ol'191 2, sis, 523 and 5`7 (42 USC ss, 690dd-3 and 290ce-3). as amended, relating to confidentiality of alcohol and drug, abuse, patient records,; 8) Title \1111 of the Civil Rights Act of 1968 (42 USC ,, 3601 ct seq.), as amended. relating to nondiscrimination ill tile sale, rental or financing of housing, 9) The Americans with Disabilities Act of' 1990 (42 USC s. 12 101 Note), as may be amended frorn time to time, relating to nondiscrimination on the basis of' disability,, 10) Monroe Courity Co�de Chapter 14,Article 11, which prohibits discrimination on the basis of race, color,, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age-, and I I) Any other nondiscrimination provisions in any Federal or state statures which may apply to the parties to, or the subJect matter of, this Agrecinent, During the performance of`thus Agreement, the Contractor, in accordance with E-qual Emjlq'vinent Opjvrtunit,v (30 Fed Reg. 12319, 1112 Cl 935, 3 +.R. Part, 1964-1965 Comp., p. 339) as amended by ExecutIve Order 11375, Atneolding Executive Order 11246 Rehiong to Equal Eml,)IOvineott OpIvi-tunitV, and implementing regulations at 41 C'.F,R. Part 60 (Office of Federal Contract Compliance Prog,rants, EqU31 Employment Opportunity, Department of Labor), see 2 C,F.R. Part 200, Appendix IL f' C', agrees as follows: A) "The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identify, or national origin. The Coatractor will take affirmative action to ensure that applicants are employed. and that employees are treated equally during employment, without regard to, their race, color, religion, sex, sexual orientation, gender identity, or national orioirl. Such action shall include, but not be limited to., the follovving: Erriployment, Upgrading, dernotion, or transfer, recruitment or recruitment advertising, laYoff or termination.- rates of pay or other forms of compensation, and selection for training, including apprenticeship, The Contractor agrees to post in conspicuous places. available to employees and, applicants for employment, notices, to be prov,ided by the contracting officer setting tbrth the provisions of"this nondiscri In I nat I()n clause, B) The("ontractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants v.-Ill receive consideration for employment without regard to Page. 8 of 33 6965 ..................... race, color, reli-ion, sex, sexual oricination, acrider identity, or national origin. C) The Contractor will nor discharge or in any oil-ter manner discriminate against anN employee or applicant foi- employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the ernployce or applicant or another employee or applicant, 'this prow ision shall not apply to !instances in which art employee, who has access to the conipensatt I on inforTriation of other employees, or applicants as a part Of Such employee's essential job functions, discloses the corripensahom of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a forrnal co mplaint or charge, in furtherance of ail investigation, proceeding, hearing, or action, including ail investigation conducted by the employer, or is consistent with the Contractor's legal duty 10 furnish irillormation. D) The C ontractor Nvill send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting offlicer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice In conspicuous places available to employees and applicants for employment, E) The Contractor ontractor will comply xvith all provisions, of Executive Order 11246 of'' eptember 24, 1965. and of the rules,regulations,and relevant orders of the Secretary of Labor F) The Contractor will furnish all information and reports required by, Executive Order 11246 of September 24. 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders, CY In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated. or suspended in whole or in part and the Contractor rnay be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965� and such other sanctions may be Imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary, of Labor, or as otherwise provided by lawwr. Page 9 of 33 6966 H) 'The Contractor will include the portion of the sentence uninechately preceding Subparagraph (A) and the provision of* Subparagraphs (A) through (IT) in every subcontract Or purchase order unless exempted by rules, regt,daiions, or orders ofthe Secretary of Labor issued pursuant to Section 204 of"ExecLitive Order 11246 of September 24, 1965, so that Such provisions will be binding Upon each subcontractor or vendor. The Contractor will take such action with respect to any, subcontract or purchase order as the administering agency ritay direct as a means of enforcing such provisions, including sanctions for non-colnpliancc; provided. however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the aaclniinistcruig agency. the Contractor may request the United States to enter into such litigation to protect the interests of the United States 11), Termination Provisions. A) In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor, B) Either ofthe parties hereto may cancel this Agrectnent without cause by giving the other party sixty (60) days" written notice of its intention to do so. C,) 1'erTninatron for Cause and Remedtes: In the event of breach of anv contract terins, the County retains the right to terminate this Agreement. 'The ('7ounty may also terminate this agreement for cause with the Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided,, In the event of such terrinnation, prior to termination. the County shall provide the Contractor kkith five (5) calendar days' notice and provide tire Contractor with an opportunity to cure the breach that has, occurred. If the breach is not cured, the Agreement will be temainated for cause. If the County terminates this agreement with the Contractor. the County shall pay the Contractor the sung due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds, remaining in the contract, However, the County reserves the right to assert and seek an offset for damages caused by the breach. The triaxiniurn amount due to the Contractor shall not, in any event, exceed the spending cap in this Agreement, In addition, the County reserves all rigfits available to recoup mornes paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a Qlairn for violation of the COUrity's False Clainis Ordinance, located at Section 2-72 1 et al, of the Monroe County. Code, Page 10 of'33 6967 D) rqrmination for .(".,onvcniencc� The County may terminate this Agreement for cow enience, at any time, UpOrl seven (7) days' notice to the Contractor. If the County, terminates this agreement with the Contractor. the ounty shall pay the Contractor the Kurt due the Contractor under this agreement prior to termination, unless the cost of' completion to the COUMV exceeds the funds, remaining M the contract. The IllaxinlUrn amount due to the Contractor shall not exceed the .,pending cap in this Agreement. In addition, tile County reserves all rights available to recoup montes paid under this Agreement, Including the right to site for breach of contract and including the right to pursue as clairn for violation of the C(Mllty's False Claims Ordinance. located at Article IX, Section 2-72 1 et al, ofthe Monroe County Code, E) Scrutinized Cornpanres: For ("ontracts of any amount. if the County determines that the Contractor,Consultant has submitted a false certification under Subsection 287.135(5), Flonda Statutes or has been placed on the Scrutinized Companies that Boycott Israel Ust, or is engaged in a boycott of' Israel, the County shall have the option of ( I) terminating the Agreement after it has given the Contractor Consultant written notice and an opportunity to demonstrate tile agency's determination offalsc certification was in error pursuant to Subsection 287,135(5)(a), I"lorida Statutes, or(2) inaintatning the Agreement if the conditions of Subsection '187,135(4). Florida Statutes, are rnet. 111) Maintenance of Reco�rds. The Contractor shall maintain all books, records. arid docUnlCrits directly pertinent to perforrnance under this Agreement in accordance with generally accepted acCOUnting principles consistently applied, Records shall be retained for a. period of seven (7) years froin the termination of this agrecment or in accordance wvith, the State of Florida retention schedules (https://dos,.fl.gov/Iibrai-y-archives,lrecords-inan,agerrieil1/gelleral-records- schedUlCi/), whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records ofeach other party to this Agreement Jor public records purposes during the term ofthe Agreement and for the applicable retention period following the termination of this Agreement. ITV) Right to Audit. Avadabilit.v of Recot'Lls, The records of the parties to this Agreement relating to the Pro,ject, % hich shall illClUde but not be hirilted to accounting records(hard copy, as well as computer readable data if it call be made available; subcontract files (including proposals ot'successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, ctc )., original estimates; estimating work sheetsW corresp ondence. change order files (including docurrientation covering negotiated setflcrncnts); back charge logs and SUpporting documentation" general ledger entries detailing ca!,;jj and trade discounts earned, insurance rebates and cfivldends, any other supporting evidence decracd necessary by the Page I I of 3-1 6968 Owner or by the Monroe County Office of the Clerk of('ourt and Comptroller (hereinafter referred v.)as"County Clerk")to substantiate charges,related to this agreement, and, all other agreements, sources of information and niatters that niay in the 0"ner's or the County ( lerk's reasonable, judgment hate ally bearing on or Pertain to any inatters, rights, duties. or obligations under or covered by any contract docurnent tall foregoing here haft er referred to as "Recordls") shall be open to inspection and SUbJect to audit and/or reproduction by the Owners representatioe and,or agents of()w%ner or the CI ounty("lerk. The Owner or County Clerk may also c(niduct vcrificalions, such as, bUt not limited to, counting employees at the 'job site, witnessing tire distribution of pa,yroll, verifying payroll computations,, overhead computations, observing vendor and supplier payments, Miscellaneous allocations, special charges, verifying infort-nation and arnounts thrOUgh interviews and written confirmations -,vith employees, subcontractors,, supphers, and contractors representatives. NI1 records shall be kept for ten (10) year's aftcr Final Completion, The County (11 1 lerk possesses the independent authority to conduct an audit of records.assets, arid active hies relating to this Project, If an auditor ernployred by the County or C lerk determines that raorties;paid to the C ontractor pursuant to this Agreement were spent for purposes not authorized by, this Agreement, or were vy-rongfully retained by the Contractor, the Contractor shall repay the morries together with !interest calculated pursuant to Section 55,03,, the Florida Statutes,running front the date the monies were paid to (:ontractor. The right to audit provisions survive the tcmunation or expiration of this Agreement, V) Payment of Fees/ Invoices. The COUrny shall pay purstrant to Section 218.70, Florida Statutes (Florida LOCal GOWTTIment Prompt Payinent Act)upon receipt of a Proper Invoice ftom the Contractor, Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Govemment Prompt Payment Act, fhe Contractor is to submit to the County invoices with supporting documentation that are acceptable to the COUrny Clerk, Acceptability to the County Clerk is based on generally acccTted accounting Principles and such laws, rUICS, and regulations as tria-y gm ern the County Clerk disbursal of funds. Invoices shall be sula muted to Monrue County Facilities Maintenance Department, Attention: Chrissv Collins. %ia email At Oolfins- Chrisswv monvoccountA-MILov The County Is exempt fi-orri sales and use taxes. A cop) of the tax exemption certificate will be provided upon request Final payrnent shall be made by the County, as the Owner, to the Contractor when tile Contract has been fully performed by tile ContraOorand the work has been accepted by the County, Page 12 ol'33 6969 ............ V1) Public Records Compliance. The Contract(,)r must coinply with Florida public records Laws, inclUdnig bul not limited to Chapter 119, Florida Statutes and Section 24 of Article I of"the Constitution of Florida, Tile County and Contractor shall allow and permit reasonable access uH, arid inspection of" all documents, records. papers, letters or-, other '*Public record" materiats in its possessicni or under its control subject to the provisions ot"Chapter 119. Florida Statutes, and made or received by tile County and Contractor ontractor in conjunction wi I th this contract and related to contract performance, The Coumy shall hav e the right to unilaterally cancel this contract upon violation cif'this provision by the Contractor, Failure of the ContracU:)r to abide by the terms of"dais provision shall be deemed as ritaterill breach of'this contract and the County nray enforce the terms of this provision in time form c)f a court proceeding and shall, as a prevailing party, be entitled to reimbursement ofall attorney's fees and costs associated with that proceeding. This provision shall sumive any tennination or expiration of the contract, `rhe Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provisiom PUrSUallt to Section 1 19,070 1, Florida Statutes and the ternis and conditions of this contract, the Contractor is required toe� A) Keep and maintain public records that would be required by the County to perform the service, B) Upon receipt from the County's custodian of'" records, provide the County w,ith a copy of the requested records or allow the records to be inspected or copied within a reasonable time at as cost that does not exceed the cost prow coded in this chapter or as othenvise provided by law, C) Ensure that public records that are exempt or confidential and cxenlp,( froin public records disclosure requirements are not disclosed except as authorized by law for time duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County, D) Upon, c(,-)inp1etlon of the contract, transfer, at no cost, to the County all puhhc records in possession of' the Contractor or keep and maintain public records that w%ould be required by the County to perforin the service I fthe(r-1,ontractor,transfers all public rec(..)r-ds to the Count,y upon completion of the contract, the Contractor shall destroy ally duplicate public records that are exerript or confidential and exerript from public records disclosure requirements. It'the Contractor keeps and maintains public: records upon completion of the contract, the Contractor shall niece all applicable requirements for retaining public records .mill records stored electronically must be provided to the County, upon request from the Courn 's ctisiodlan of' records, in a format that is compatible with the infonriation techno[ogy systcnl�s ortlic County. Page 13 of'33 6970 F) A request to inspect or copy public records relating to a County,contract nicest be, rnade directly to the County, but Iftile, County does not possess the requested records, the County shall mirnedrately, notify the Contractor of the regUest® and the Contractor MUS1 provide the records to the County or allow thQ records to be inspected or copied ithin a reasonable time. If the Contractor does not cornpIy w%ith the COUilly's request for records, the County shall enforce the, pubhQ records contract provisions in accordance with tile contract, notwithstanding the ("ounty's option and right to unilaterally cancel this COMMO UP011 violation of" this pro isiorl by tile Contractor, A Contractor who falls to provide the public records to the �"ounty or pursuant to a valid public records request within a reasonable true may be subject to penalties under Section 119,10, Florida Statutes. "I he Contractor shall not transfer custody, release, alter, destroy or othemlise dispose of any public records unless or otherwise provided in this provision or as othemise provided by, law, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY AT'TORNEV'S OFFICE, 1111, 12"t" , ST., SUITE 408, KEY WEST, FL, 33040, ptd)ficrecords,�it monrii'mcountA-ftm, (3�05) 292-3470. V11) E-VeriL System Beginning January 1. 2021, in accordance with Section 448.095, Florida Statutes, as nray be amended from time to tinie, the (''ontractor and any subcontractor shall n�glstcr %Alth and shall tAlhZe the U S. Department of lionreland Security's E'Nerify system to %erify the work aUthorization status,()f all rieww ernployces hired by the Contractor during, the terra of the (I cmtraact and shall expres,sly require any subcontractors performing %vork or prmlding !services pursuant to the ('011traCt to llkev%Isc utihze the L.',S. Derartnicrit of I forneland SeCLjr S rjtV' I E'-Verffy systern to w en t'v, the work authorization status of all nc%k ernplo eves hired 1-)�, the subcontractor during the (7ontract terin, Any subcontractor shall prow ide all affidav It stating that the Subcontractor does not employ, contract With, Or Subcontract with an unauthorized alien. 'rhe Contractor sllaH comply with and be subJect to the provisions of Section 448.095, Florida Statutes. PUrSWITIt to Secti(:)n 448,095: A) "A pubhc agency, Bidder, or subcontractor who has, as good falth belief that as person or an entity with which it is contracting has knowinglY Noe 14 of 33 6971 violated Subsection 448,090 ) shall terminate the contract with the person or entity, B) A public agency that has as good talth belief that as subcontractor knowingly, violated this subsection, but the Bidder othervvise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. C) A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with as Bidder under this paragraph. the Bidder may not be awarded a public contract for at least I year after the date on which the contract was terniinated, A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract.'* Vill) Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail,certified, return receipt requested, postage prepared, or by courier %vith proof of delivery. Notice is deemed received by the Contractor when hand delivered by national courier with proolof delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery, The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph, Notice shall be sent to the following persons: For Contractor- Ch lecthc For Owner: Facilities !�vlaintenance Departirient Attention: Chrisiv Collins 123 Overseas Highway Rockland Key, Florida 33040 and Monroe County Attorney's Office I I I 1 1 2't' Street Suite 408 Key West, Florida 33040 1 X) Uncontrollable Circumstance. Any delay Or t`aulUre ot'cither Party to perform its obli'latICAIS under this Agreement %%III be eWLIsed to the extent that the delay or failtza®e was caused directly by all Qvcrit beyond such Partv's control. WIthOLIt Such Partv"S t"ItIlt Or nCtlli i-cnce and that Paoc 15 of 33 6972 by its nature could not have been tbres"n by such Party or. if it could have been RI-Ireseen, %vas unavoidable: (a) acts of(4od: (b) flood. fire. earthquake, explosion, tropical stone, hurricane or other declared emergency in the geographic area of the Pro'ject, I lc) war, invasion, hostilities (whether vvar is declared or riot), terrorist threats or acts, riot. or other cik it unrest in the geographic area cif`the Prosect, (d) go%ernment order or law in the geographic area of the Project; te) actions, embargoes, or blockades in effect on or after the date of this Agreement: and (f) action by any go ernrnerital authority prohibiting 'work in the geographic area of the project teach, a "Ll"ncontrollable Circumstance"). The Contractor's financial inability to perform, changes in cost or a%ailability of materials, components, or services, market conditions. or supplier actions or contnact disputes Will not excuse performance by the Contractor under this Section. 'rhe Contractor shall give the County written notice within seven (7) days of any event or circumstance that is reasonably likely to re'SUh in an Uncontrollable CirCLIIIIStance, and the anticipated duration OF Such Uncontrollable CirCUrnstance. 'File Contractor shall use all' diligent efforts to end tile U�ncontrollible Circumstance, ensure that the effects of any Uncontrollable Orcuirrstance are mHurni7ed and resume, full performance ander this Agreement, The County will not pay additional cost as a result of all Uncontrollable Circumstance. The Contractor may, only seek a no cost Change Order or Amendment for such reasonable time as the Owner's Represeritati-,e may deterritine. X) Adjudication, of DisRutes or Disagreements. 'The County and Contractor agree that all disputes and disagreements shall be attempted to be, resolved by meet and confer sessions, between representatives of each of the panies. if the issue or issues are still not resolved to tile, satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. T'his,Agreement is not,subject to arbitration. This provision does not negate or waive the provisions of Sections 1. Nondiscrimination, or Section 11, concerning termulat.ion or cancellation. Noe 16 of'33 6973 ............... PROPOSAL FORM PROPOSAL TO,: 'Monroc County Facilities Maintenance 123 Overseas, Highway Rockland Key, Florida 33040 PROPOSAL. FROM: Chegk Electric,, 325,5 Flagler Aye-A293 Key WesI. FL 33QAQ The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of., Electrical Conduit and Grounding Upgrade at Supervisor of Elections Office and having carefully examined the site where the Work is to be perfortried, having become farrilhar with all local conditions including labor affecting the cost thereof, and having farrullarized hirriself'"'ith material availability. Federal, State, and Local laws, ordinances, rules and regulations affecting perforniance of the Work, does, hereby propose to furnish all labor. mechanics, Superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perforni and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Spec i ficati ons, and other Contract Documents including Addenda issued thereto, The undersigned further certifies that lie/she has Personally inspected the actrual location of where the Work is to be perfornied.together with the local sources of supply and that he0she understands the conditions under which the Work is to be perfornied. The proposer shal I assume the risk of any and alll costs and delays arising from tile existence of any subsurface or other latent physical cond it I ori which could be reasonably anticipated by reference ti) documentary inforni'ation Provided and made wailable, and froin inspection and examination of the site. The undersigned agrees to commence performance of this Project within Ten, (10) calendar days arter the data: of ISSUanoe to the undersigned by Ovvncr of the Notice to Procced,'Purchase (.)rder;Task 0rder. Once commenced, undersigned shall diligently continue performance until completion of the, Project, The undersigned sharp accomplish Final Completion of the Prcwla^ct within Thirty (30) day's, thereafter, Page 17 of 33 6974 The Base Proposal shall be furnished beloA; in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control twenty four thousand seven hundred fifty 1)o I I ar s Crotal Base Pr(�)posal- words) (rotal Base Proposal - numbers) I ack now I edge Aftemates as follows N A I acknowledge receipt of Addenda No (s)or None No. Dated No, Dated Page 18 of 33 6975 In addition, Proposer states that he she has provided or will prt)%ide the, County. along with this Proposal, a certified copy, of (..'ontractor's License, Monroe County Business Tax Receipt, and Certificate a�)Hnsurance showing the minurturn insurance requirements for this project, f,xecution bv the Contractor must be by a person with authority to bind the entity. By signing this agreement below, the ("ontractor has read and accepts the terms and conditions set forth by the Monroe (7ounty (-Ieneral, Requirernern.� for Construction found at the link on the Monroe C I OUnly web page- hnp:` il-m�)nro couiity.civicpltis.coi,n Bids,aspx`CatlD=18; AND accepts all of the terms and conditions and all Federal required contract provisions herein. IN WITNESS 'WHEREOF,, the parties have caused this; Agreement to be executed by their duly authorized representatives, as follows ('7ontractor, Check Electric Mailing Address: 325,5 Flaglqr Ave #303 Key West, FL 33040 Phone Number 3015-292-3369 E.1 N- 27-11 0 Ernail, ch—e-qK&q0!qq, 1e—qtrtc1l,q,qp-m, ............................. late: 7-21-25 S i gn ed Karel Bublak Owner Name Title Contractor's Witness sigmature,-, WitneSS name Date- 7-21-25 The County accepts the above proposal: MONROE COUNTY, FU-)RIDA .............................. By. COL111ty Achnituitrator or Designee NOW)NACE COUNTY ArTORME"CWPJCIE APPROVED AS r()Fa~ Page 19 of 33 6976 NON-COLLUSION AFFIDAVIT 1, Karel Buiblak of the city of Key West according to law on my oath, and under penalty of perjury, depose and say that: 1 1 am owner of the firm of Check Electric the proposer making the Proposal for the project described in the notice for calling for proposals, for: Electrical conduit and grounding upgrade at SOE office and that I executed the saad proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any, competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person!, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in, this affidavit are, true and correct, and made with full knowledge that Monroe County relies upon the truth of the, statements contained in this affidavi "n awarding contracts for said project., 7-21-25 (Signature of Proposer) (Date) STATE OF: Fluldo COUNTY OF: moncoc Subscribed and sworn to (or affirmed) before me, by means of 14 physical presence or -7 online notanzatioin, on JUN all Z35 (date) by , KL[Cl loy- (name of affiant). lAe/She is pi§ uaQwn to me or has produced (type of identification) as identification NOTARY PUBLIC V,��Not a ry I R 0 'k,' My commission expires: t cornrnsskon 0 HH My Cirrirmssinn �Ixp 0 ctobe r 25, 2,)2 7 Page 20 M'33 6977 LOBBYING AND CONFLICT OF INTEREST CLAUSE ,SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Check Eliecthc (Company) warrants that heishelit has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No,, 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1 . For breach or 0olation of this provision the County may, in its discretion, terminate this contract without liability and may also, an its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentagie, gift, or consideration paid to the former County officer or employee"'. (Sig-hatur4)— Nate; 7-21-25 STATE OF COUNTY OF-__,,Moe f0C Subscribed and sworn to (or affirmed) before me, by means of;4 physical presence or 0 online notarization, on w w 0_Q? (date) by (name of affiant), 'He/She is persona k, e or has produced as i en0cation, (Type of identification) &L NOTAW� B My commission expires:_L015. all. (SEAL) G A 8 R 1 E A L HERRF,,RA Pubhc 7,t,j a 4 H �f of j, F, S ,J,� H 45780�) i r 2 202 7 Page 21 of 33 6978 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Horida Statutc, See 287.087 hereby certifies that Check Electric (Name of'Busineso I. Publishes a statement notifying employees that the unlawCul manufacture. distribution, disperising. possession. or use of a controlled substance V; prohibited in the workplace and specifying the actions that will be taken against employees for violations Of' SLICh prohibition, 2, Informs ernployees about the dangers ot'drUg abuse in the%orkplace, the business's policy of maintaining a drug-free workplace, any, available drug counseling, rehabilitation. and employee assistance Programs, and the penalties that may be imposed upon employees for drug abuse violations, 3, Gives each employee engaged in providing the c(,immodifics or contractual services that are under proposal a copy of the statement specified in subsection (I ), 4. In the statement specified in subsection (I ). notifies the employees that, as a condition of' orking, on the commodities or contractual services that are Linder proposal. the employee will abide by the terms of the statement and will notify the, employer of any conviction of. or plea of guilty or riolo contendere to, any violation of Chapter 993 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring i I n the workplace no later than five(5)days after such conNictioll. 5. Imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's cominunity, f'or any employee who is so convicted. 6. Miakes a good faith effort to continue to maintain a drug-free workplace through implementation of thisseclion, As the person authorized to sign the statement, I certify that this finn complies fully with the above requirernents, Propo scr's Signature STATE 017: Date -ft D COUNTN" OF- SUbscribed and sworn to toraffinned) before nie, by means of,, physical presence or D online notarization, on I (date) by _ --YAA_,__,a - _ X= (name of aftiant), He She is persaruaall flow to me or has produc d itype of identific s, er "fication A T LIC (SEAl-) My Commission Expires-, ._._ GABRIEAL HERRERA Page 22 of 33 # �4� _—Octobor 25 2,027 6979 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid", proposal, or reply on a contract with a public entity for the construction or,repair of a public building or public work, may not submit bids on Ideases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provi ed in Section 287.0117, Florida Statutes, for CATEGORY TWO for a, period of thirty-six (36) months from the date of being placed on the convicted vendor list." I have read the above a d state that neither r.;1rictfic I�Q 1 0180�- (Proposer's name) nor any Affiiiate has 7be been pia 'convicted vendor list within the last thirty-,six ( ) months , , n a-t ?91�' Date- 7-21-25 STATE OF: naldo COUNTY OFw �)f)f 0 r- Subscribed and sworn to (or affirmed) before me, by means of 10physical presence or 0 online notarization, on the day of It J1 Q 2 0 , by Y,b�:1, I-&CQ E: (name of affiaint). He/She is e or has produced (type of identification) as identification. My Commission E pires�� NOTARY PUBLIC (SEA Page 23 of'33 6980 VENDOR CERTIFICATION! REGARDING SCRUTINIZED COMPANIES LISTS Project D"cription(s): Concluitand arl 129[ades at U$QEI"i��-----,-------l----ll- Respondent Vendor Names Check Electric Vendor FON: 27-1138030 Vendor's Authorized Representative Name and Tide' Karel Bublak I Owner Address r Ave#303 City: State: .FL Zip: 33040 Phone Number 305-292-3369 .— Ernail Address checkp_checkelectricllc.com Section 287.135, Florida Statutes, prohlibits a company from bidding on, submitting a proposal for, or entering mto or renewing a contract for goods or services of any arl if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215,4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287,135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a, contract for good or services of: $1,000,000 or more that are on either the Scrutinized Companies with Activities In Sudan 'Last or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lis,ts which were created pursuant to Section 215 473, Florida Statutes, or is engaged m business operations in Cuba or Syria. As the person authorized to sign on behalf of Resplendent, I hereby certify that the company identified above in the Section entitled 'Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or is engaged m a boycott of Israel and for Projects of$1,000,0010 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria, I understand that pursuant to Section 287.13,5, Florida Statutes, the submission olf a false certification may subject the company to,civil penalties, attorney's fees, and/or costs. I further understand that any contract with the,County may be terminated, at the option of the County', if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or engaged In a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sector List or been engaged iin business operations in Cuba or Syria Vendor has reviewed Section 287 135, Florida: Statutes, and in accordance with such provision of Florida law, is eligible to bid: on, subm4 a proposal for, or enter into or renew a contract with Monroe County for goods or services Certified By; Karel Bublak who is authorized to, sign on behalf of the above referppciqiij Authorized Signature�—Z� _.- Mom'w Print dame: Karel Bublak Title, Owner Note: The List are availabie at the foflowingi Department of Management Services Site twitp soc,,1 corn,bsiness P"t(A!Z!L-LrI-t 'Irchasl - c,ed L u P erWiad dmcnrrnaniatury is Page 24 of 33 6981 AFFID,,kVITATTESTING TO NONCOERCIVE CONDUCT LABOR OR SERVICES Etulty,"Vendor Narne-, Check Elect.0c .......--- V'endor FEIN: _ 27-1"1-3'8"03-0 'w'oiidt)r'sAtitliorizedRepreseu'itati%,c _.._Karel Bublak L-QAn-gr ............ i Name and Title) Address: 3255 Fl,@!gl:er Ave#303 ............. .. ..... C it y: Kqy West State: FL zip, 330,43 ...........---__-- Phone Number, 3 292-3369 Ernall Address ejeCtricficmm ................. As a non-governmental entity executing, renewing, or extending a contract with a governnienit entity, 'Vendor is required to pro%ide an affidavit Linder penalty of plegury attesting that Vendor does not use clocrelon for labor or services in accordance with Section 787,06, Florida Statutes, As defined in Subsection 787,06(2)1(a), coercion, means: I, Using or threatening to use physical force against any person 1 Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her,or his will; 3, Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor car service are not respectively limited and defined, 4, Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or Purported government identification document, of any person, 5, Causing or threatening to cause financial harm to any person, 6 Enticing or luring any person by fraud or deceit; or 7. Pro�,iding a controlled substance as 011thned in Schedule I or Schedule If of Section 893,03 to any person for the purpose of exploitation of that person. As a person authorized to sign certify perjury that Vendor gn on behalf oill"Vendor, I cet y Linder penalties Of PCIJ does 110t use coercion for labor or serve ices in accordance with Section 787.06, Additionally,Vendor has revicwed Section 787.06, Florida Statutes, and agrees to abide by, same. Certified by, Karel Bublak 'who is ,'11,1thorized to sign on hehal fofthe above referenced compan� Authorized Sia,natUre: Print Nanic Karel Bublak Title.- Owner Page 25 of33 6982 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by, Ordinance No 004-2'0 15 and 025-2015, must complete this form. Name of Bidder�"Re5ponder Karel Bubl,ak Date: 7-21-25 1, Does the vendor have a valid receipt for the business,tax paid to the Moniroe Colunty'Tax Collector dated at least one(1)year prior to the notice of request for bids or proposals? (Please furnish copy.) 2. Does the vendor have a physicals business address located within Monroe County from whiich the vendor, operates, or performs business on a day-to-day basus that is, a substantial component of the goods or services being offered to Monroe County? ,Yes (The physical business address must be registered as, its principalplace of business wAh the Florida Department of State for at least one (1)year prior to the notice of request'for bid or proposal,) List Address: 3255,Elag3ler P 4303 Key Wpqt F I VI Telephone Number: -3Q5.2,92,-33fi2-- B Does the vendoirlprime contractor intend to subcontract 50% or more of the goods, services or construction to local busrnesses meeting the criteria above as to licensing and location? No if yes, please provide. 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one(1)year prior to the notice or request for bid or proposal. 2.Subcontractor's physicals business address within Monroe County from which the subcontractor operate& (The physacal business address must be registered as its principal place of business wqh the Florida, Department of State for at least one (1)year prior to the notice of request for bids or proposals) Telephone Number 305-292-Ss 69 Address 3255 Fla iin-lerAve il s e Wiest FL 330,40 Print Narne! K,a I Bublak Signature and Title Z ized Signatory for BidderIR � . �utho STATE OF: i0ri Q COUNTY OF Mn of Subscribed and sworn to(or affirmed)before me,by means of')Dphysical presence or online notarization, on ,1� ) �U a I , 3 0 3 5__(date) by f (name hCAIL of affiant) He/She 1,s rsuarr�Inow�nlo me or has produced (type of id n' i t as dlentification N-6T wIpY LlC (SEAL) My commission expires: 10 3,C' (,�bABRILAL 4EPREPA PubViCr,SG,11',j �'i R,-,nda mon 0 HH 457a0t) My C,'c7rrmission Exp res Octobe,25 F, Page 26 of'33 6983 INSM,XN(.,'E REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISKMANAGENIENT POLICY AND PRO('EDURES General Insurance Requirements For Other Contractors.Subcontractor's and Professional Services Ns a pre-requkite of the work and services governed, or the goods supplied under this contract (including the pre stagging, of personnel and material), the Contractor shall obtain, at hasher own expense, insurance aispecifted in any attached schedules. which are made part cif this contract, "Pic Contractor will ensure that the insurance obtained will extend protection tea all Subcontractors engaged by the Contractor Alternatively, the Contractor onay require all Subcontractors to obtain insurance consistent vex«Ith the attached schedules. The ContTactor will not he permitted to cornmence work go,w earned by this contract g including pre- staging of personnel and rnateTiah until satisfactory evidence of the required insurance has been funnshed to the "ourity as .specified below, Delays in the cornniencernent of'work, resulting from t1le failure of the Contractor to provide satisfactory evidence of the required inSUrance. shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be unposed as if the work corininenced on the specified date and time, except for the Contractor's failure to provide safisfiactory evidcncc. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules, Failure to comply with this provision may result in the immediate suspension of all work untit the required insurance has been reinstated or replaced. Delays in the completion of work resulting frorn the failure of the Contractor to maintain the, required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessinents shall be imposed as if the work had not been suspended,except for the(,'ontractor's failure to maintain the required insurance, The ("ontractor will be held responsible for all deductibles and scif-insured 'retentions that rnay be contained in the Contractor's Insurance policies, The Contractor shall provide., to the County, as satisfactory eNidenc,e of the required insurance, either: *Certificate of Insurance or * A Cerfified copy of the actual insurance policy certified' copy of*any, or all insurance Policies Me County, at its sole option, has the right to request a �cerii required fiv this contract I All triSUraTICe P011CIeS MUSt specify that they are nor sub)I ect to cancellation, non-renewal. material change, ear reduction in coverage unless,as Ininimuin ofthirty 00t days prior notification is iweil to tile COUMy by the insurer. The acceptance and oi- approval of theta Contrai:tor's insurance shall not be construed as relieve ing the (ontractor from any liability or obhgation assuined under this contract or, imposed by laX. The Monroe County Board of County Corrunissioners, its erripVvioes and officials, at 1100 Sallonton Street, Kcv West, Florida 33040. will be included as -Additional Insured" on all policies. except f()r Workers' CIorripeirsation Pa(,e 27 of 33 6984 An deviations frorn these Insurance ReqUirements must be requested inwrMngon the Counq y y prepared form entitled "Request for NVaiver of Insurance Requirements," and approved by Monroe County Risk Management Department. Page 28 of 33 6985 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIRE�MENTS Workers Compensation Statutory Limits Employers Liability S 100,000 $500,000/S I 00,000 Bodily Injury by Accident/Bodily fnjUry by Disease, policy lirrilts/Bodily Injury by Disease each employee General Liability S200.000 per Person $300,000per Occurrence S200.000 Property Darnage or S300,000 Combined Single Limit Vehicle S200,000 per Person (Owned, non-owned, and hired vehicles) S300,000 per Occurrence S200,000 Property Damage or S300,00C O Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Moinroe County Board of County Commissioners,, its employees and officials, 1100 Simonton Street,, Key West, Florida 33040, shall be named as, Certificate Holder and Additional Insured on General Liability and Vehicle policies, INDEMNIFICATION, HOLD HARMLESS,AND DEFENSE, Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,Contractor shall defend,indemnify and healed the County and the Courity's elected and appointed officers and employees harmless from and against 0) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of iitJury (including death), loss,damage, fine,penalty or business interruption, and(iii) any costs or expenses,that may be asserted against. initiated with respect to, Or Sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractor's or other invitees,during the terns of this Agreement, (B) the negligence or recklessness, Intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it Undertakes under the terms of this Agreement, except to the extent the claims. actions, causes of action, htigation., proceedings, costs or expenses arise front the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or in%itees (other titan Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than S I million per occurrence pursuant to Section 725,06. Florida Statutes. The limits of liability shall be as set forth in the Page 29 of 33 6986 insurance requirements included in Paragraph 3.0, herein, Insofar as the ctaims, actions, causes of action, litigation, proceedings, coasts or expenses relate to events or circunastances that occur during the terra of this Agreement, this section will sur, iI e the expiration of the tertn of this Agreement or any earlier termination of this Agreement. In the event that the completion of the proaject (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify,the County from any and all increased eas enses resulting; from such delay, Should any claims be asserted against the County by virtue orafany deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall inderuxnify it from all losses occurring thereby,and shall further defend any claim or action on the County"s behalf The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement, PROPOSER"S STATEMENT l understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in tl^tds proposal, Karel Bublak PROPOSER Signature Page 30 of 33 6987 .......... INSURANCE AGENTS STATEMENT I have reviewed the above requirements with the proposer named above, The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES 45 ....................................... ... .......... Liability policies are Occurrence -Claims Made Insurance Agency Signatur� Page 31 of 33 6988 MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE, REQUIRUVIENITS it is requested IhaT the insurance requirements, as specified in the C ounty's Schedule of Insurance Requirements, be waived or modified on the following Qontrw, Contractor/Vendor: Project or Servtce: Co n tractor/Vendor Address & Phone 4- General Scope of Work: Reason for Waiver or Modfficatiw Policies Waiver or Modification will apply to: ............... Signature of Contractor Vender: Datc Approved Not Approved ...... Risk Management Signature [),are: .............. ... C I t)unty Adminiistrator appe,,& Approve& Not Approved: Board of County Commiss iotlerS aPPCaI Approve& Not Approve& Meeting fate� --------- Page 32 of 33, 6989 CHECELE-02 ..TEARKEE DATE tMWDWYYYy) CERTIFICATE OF LIABILITY INSURANCE ............................ 7/22/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING,INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ----- ............................. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require,an onclorsoment. A statement on this certificate does not confer rIghisi to the certificate holder In lieu of such endors,emen ............. ............ �- Y ................ ........... ................ PRODUCER C�NTACT Taylor Markee N,me:: Acrisiure Southeast Partners Insurance Services, LLC PHONE FAX 1117 Citizens Blvd AtC,No,ExiU;(239)261-3646 IA16,Noi: Leesburg,,FL 34748 EMAIL tmarkea ADGRE$S� l9acrisure.com INSURER(S)AFFORD'INC IN"G ii COVERAGE NAC# INSURER A Travelers Casuaftly and Surety'Company of America 31194 rNSURFO INSURER B FCCI 119,surance Company Oil 78 Check Electric, LLC INSURER C 325,5 Flagler Ave#303 INSURER D Key West FL 33040 INSURER E N SURER F: r . . ------- COVERAGES CERTIFICATE NUM113ER: REVISION NUM!B�ER: ................. ................................ THIS IS TO, CERTIFY THAT THE POILICiiES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INMCATED NOTWTHSTAND NC ANY REQUIREMENT, TERM OR CONDITiON OF ANY CONTRACTOR OTHER DOCUMENT NTH RESPECT TO VVHICH I'HIS CERTIFICATE IS MAY BE SUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCR BED HEREIN Unix SUBJECT TO AU THE"'TERMS" EXCLIUSiiONS AND CONDITIONS OF:SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED,BY PAID CLAWS INSR A6DLSURR POLICY EFF POLICY EXP TYPE OF INSURANCE , D- -.LJR. ........... JM-M. POLICY NUMBER LIMITS _yyj__Btiti� pffyyyj____ ......................... COMMERCIAL GENERAL LIABILITY EACH IXCURRENCE S CI-AIMS MATE oc:,�,,ij�^ DAMA(,E TO RENTED F,fA1�1wim,,i,(Ea)C1,'U17WiQR) A 74T MEE)EX1�Any cme pwson), I PERSONAi.&ADV IUNJUIRY S GE VI Ar GENERAL A(.,GREGATE $ ,GREGA1 E LWI I'APPUE"S PER POLICY PR "NAIL KA XYW- JE?i PRODUCTS (a.MRCS S ................ ------------............................ ..................................... ........... ............... AUTOMOBiLE LIABILITY C..OMBINED Sii,EGLE J V(T 1,000,000 �3 aMdWIQ S X AN"Al JT 0 BA6TI126682442G 8/2812024 8/2812025 RODIEY INJURY(Fier person� S CANN E D SCHEDULED AL)%)S IDNLY 4,U,ras BODILY iNjIjRY(Per accirsan�), 5 X 113 jS1 X )AMAGE A� ' Per accident) "s ........................ .......................... --------------------- UMBRELLA i DCCUR EA1,,'H)C';1:,URRENGE S EXCESS LIAB CLAW!Ej-MADE AGGREGATE S LIED RETENTION S ................. ------ WORKERS COMPENSATION X P�,'R 0"I Fi AND EMIPLOYERS'LIABILITY YtN 5'TA I ij TE EJ3 ANY PROPRIIETOWPARTNEWExEC UTNE- WC�01 0009131601 41112025 41112026 EL EACi-fACCD NT S 1,000,000 16.111111d , N N/A 11,11 11� F,,, 1,000,0100 atory In R) E 1. niSEASE EA EMPLOYEE S DESCRIP7 JOIN l�DF OPERA Tji.)NS�wiow 1,006"b'00" ---—--------- - E L Dl�jIEASE "OL]CY UWT 5 ................ DE SC RIP,TI ON OF OPERA TIO N S 1 LOCA TIC NS R VEIH IC LE S IA CORD 10 1,A ddiflons I Roma rk 9 Be he diuW,vVi xy be attached if mo 3 pa Go Is ri i d I re re -Workers'Compensation and Employers'Liability Insurance Policy is extended to provide coverage in accordanice with the proi of the United States LongsNmore and Harbor Workers'Compensation Act(USL&HI)as amended,- ................. ....................................... -------- CERTIFICATE HOLDER CANCELLATION .......... ..........CANCELLATION ............... .. ................... ................. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE ii BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West FL 33040 .....---——-—--------- AUTHORZED REPRIESENTATI'VF 111i OW414 ............................ ---L- 1111111-11111-rr---I—rrrr-- .............................. ACORD 25(2016/03), CO 1988-2015 ACORD CORPORATION!. Ali rights reserved. The,ACORD Inalme and logo are registered marks of ACORD 6990 CERTIFICATE F LIABILITY INSURANCE cATf07 z2laYYYYw 25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THUS CERTIFICATE OF INSURANCE(DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSU'RER,(S(,AUTHORIZED REIPRESENTATWE CAR PRODUCER,AND THE CERTIFICATE HOLDER„ tMIMPORTANT: If the centif sate holder Is ani ADDITIONAL INSURED,the Delic'y(les)must be endorsed. If SU!SROGATIONI IS WAIVED,subject to the terms and condltlons of the poticy,certain policies may require an eandorsentionl. A staternent on this certificate does not confer rights to the certificate holder in Heu of Stich endor ement(s(, PRO04JCER: �AMME ,�I Ayu rA Phillips Wand Nnsuarance Aalerwy,4ic. C� � 305 2 6666 ... �T iTU 2 4d FuT5W3 Idea g,3dII 6Z6 3 Nr .. 15 .._._,,,.�......... 3229I"4gI:RrAve#'1'12 CRESS, net _ INSURERISI AFFORDING COVERAGE M1NAiC W Keys West FL "I 3)40INSURER A Kinsale Iris Co 15879 INSt,1�RET4 INSW"RER e N Check Elertrx--,I.0 C NSUIRER c 52515 Ragier Ave 21 RER.. IGey West I"l.. 33040 ''.INSURER F __.__�.....�. .._.._._.,_...�.....,...�..,.._,..e,,..��.....�._..............�..._... �.,..,.w..,.�..... COVERAGES CERTIFICATE NUMBER: REVISION NUMBER. THIS IIS'TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMiECABOVE FOR THE POLICY PEMOD NNfiSCATED NC"R'WITHST'k INDWC;SPVN'"d REQUIREMENT,TERM OR CCNMTI N+"N'F'd4NY CONTRACT OR OTHER,DOCUMENT WITH RESPECT TC.DIO WCH THIS C'ERTVRCATE MAYBE ISSUED OR Iii PERTAIN.THE;(INSURANCE AFFORDED BY THE POUCiE,S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLILSION$AND CONDITIONS OF SUCH POLICIES l_IMR S SHOWN WX HAVE SEEN REDUCED BY LAIC(CLAIMS. TYPE OF INSURANCE ti,,,w...w.,.....�. _.... ..,, 4Ml. F"Nlf'IRER . .,,„...,... „- ...�,....,.,.,.......:» ,.. .,. ............... ...... ..,.,,�...�.,,,.. .,�,,.».,, LIMITS L�TR ,....�..___ IN R rtz: CtrcarorrY^aw'I rWINNrbC�,+YYYY� .a.wv,. ,,,,.µ.,..�«�.........„. GERERAL LIABILITY •��.� . EACH OCCURRENCE T 1,I900,0 .. W S AEtCOMMCF"ALGENERAL LIAWLr'ry REMNSE ' acxugrama s 100,000 CLAPoMSMADE TnC8"UR MED A: ny ,tim pers onY I A N 0 1 00 37 1 7 38-IT 051200025 II512012025 PEREIr1NAL-&ADViNJURY S I010w7;0GO 13ENERALA,aQJREC1ATE I,.,..,:WE'ELW L"00 m .. ......_ .__.. GEN°LAGG5RECiA;I'FC.NMAITAPPUESPER PRODUCTS-L'C"IMNOPAG,aG S', 2,000,000 PRE �Pr,)k..4"W " JS'o:;.T.,�. ...�,. ,ECb9. ,,.,,,,� .._..�...,,... '.,. ,.,,,... ,,..�,w�,,,�.........�.....».........�,. AUTOMOBILE LIABIN.ITY E s,va,eent, . .. MANY A4.NTC3 BODN.Y INJURfV iPare p*Ysona S a r ,.., ,..m....,,. .......... �.,. .., ...�, .. AU NL�+SNFf,N nUTO$l.fLE rN �mm.�w &`NC'��.'�fNU'CINT.'Y(P�r a cirl�wsr,YY 'T AUTOSA,GCTr7Ey A HRLD AUI'US A1j10 r Rrs accident S T 7.31 25 UMBRELLA.N.tAe ' ;tea, f-A,C.'ka CWk,CUi?Stt NE E. 3 „� ... mow, .,,,.., �....,.. ........�..... �.. W ,..,., EXCESS LNAB AV s MR+AUE ._ AGGREGATE S CE'.0 RE T'EN ION T WAMM .............._....�.._... .�,.,,,.,.., r .,i .. WC.yRKE.RS CQ7MdPENaA"nC1N fiF,"NRW t.tlA111ai;;r ER ...,•,•• .• ..�,.... .,.., AND EMPLOYERS'LIABILITY 5+d N ANY tIRGTPRNET IPARTNER„"I„MY C"IL)rIV''E E.L EACH ACCIDENT $ G)FFICEFUMEawSEREXCLLXD63r NBA t Mandiawyr in MNI E.L,.G,YNSE�A;aE.M'a,EN'MNyLf IYEAc,: 'S Ip rA',m.'fk$0. tact r,rat�,Nr �...,.,.,. IULS,CRP TInINC"FOPERArl'ONS'o„44oNw E.N..C.CNSEASE:-POLNC1't°UMNT S i i DESCRIPTION OF OPERATIONS d LOCATIONS i VEHICLES (Altach ACOAO 101,Additional..,Rerr7Arka n#AGtrkWe,it mom space Is raryuivodp Monroe County BOCC is Il ted as addibcrnM vn usu"Ired to the GerntrnTl b aibiRty Paticy. "° —Cert tu;,ale Holder is Adalft nai Nnsurii CERTIFICATE HOLDER, CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ILMCr47ff,7A'Cgbtd ACCORDANCE WITH THE POLICY PROVISIONS. :B'7ty±L"�TG,�C C' 1100 Sirrnnntaar,St, AatUTFtrrNAl'r El Key'V'°+I«T:st FL 33040 . .µ YL 07122 wTTt'25 ACORD 2 (201W05) E�I 1988.20 E ACCIRO CORPORATION. All rights resertired. The ACORD name and logo are registered ni`IxrkG of ACt�RD,m 6991 2nd Proposa� ears ore nectric, State Certified Electrical Contractor #FAA YN)[186, ester: Vonroe Count' n v Sispe4sor oy Electioni NOW- 005)304-9711 - E-Mail:('01fills-Chrisiv a monirotcounty-fl.gov Project: I'lectrical Condoit A Grounifitig 1 pgrade Scope of Work Project -Idtirews: 5200 CoUtWe R'd Job#2 50-05 Aelv Wew� FL 33040 Couliflential JUN NI-20125 o alll :oncerned, NW e are pleased w offer you cwr piroposaf for the electricat%kork required at 5200 College Rd at SiuperviwrofElecfion Mira key West Florida. AU work done b current codes,,reguiations,and project specifications. -!%H work done hay Near hore Electric,Inc, shall be %,uT!anteld fbr a period of one)ear. The folloving breakdovkn describes the items and scrOces that Nearshore Hectric. Inc, shaH prcivide as well as any exclusion from our scope of'work. I'S C L 1, DIED IN BASE. BID- Wnbt% Llbtl,Affld&-cnergvc av-.,6vg branch circuas fcvd"ig receptaches& fi,.wrcs to atxommodatc Por re"im 41 of interiar%Nafl.,., Remo,*c e,,istmg surluc mounted conduits,,iurapp6igl,bows,bnwch conducturs feLding, receptade assembhQs iin(4 N offlccw A 4 I 1 badmwun kIC11"fN 'Uhl 14116 V(661g j-NAC"AXJIIC drop lxihngs Rcyru,m,e d M 4:xjqrng 2 x 4 rktures& Q I f vanit+ surface mounwd fixturc RQ4n,'Utfl exnsung fixtums,upon cxbmrk:fion or'drup whng mpiacement Pros ide and irlstAH gnun'd Conductors un exnsling Lwmduiti fe0d418 branCh 6MMS Pro),ide and install gnmoul wA*nducwrs In exisfing Lixithiit,fecding exkting extemor kxtd centers Pro%ide wid install ground coodkictom In existing wndiuiLs f %Iing';ER c4ummicnt llrm Wk:and Install p"mind cvmduvtors iin existing conduits,feeding A US cquipnwcnt Prov i&and instal I new* and ow updated panel .';LhcdWc,,, W orkers Conm4ieneral 1.uandk.N insurance F-XCL1 DED FROM 81 D- o Puririir wpgrrl ees.HAWL Purrr6t,i'cocs,fln%aw Pro ider Plan ko w%N OnspeLnons,and[tfla% I oes * Emqiniz Scm we C onductors, Sf:R Equipment, N IS~ I oad C cnicr'?o,Circua Breaker,(Amdual-is. J-bov,-, hxrums Rcceprjcics,and 1,bVht S%0whes 0 Nn% `�:iijv of "ork not 0caH s v;ho"n on dra%6igs or%k khn the hid iMf xurnents and,or N6fiwatiorts ii not WOudcd m th s pn)posal Bid su"ImArN... NIaterials S 23J,20.04) Labor S 22J00.00 W, prop osC up Cumsh rnawrU 'ind IaN'w.omlplvle in acc(wdance with the ahwc spc�:ificauon*.6)r the lurnp ium of f'orn,47ve Thousand Four Hundred Twent'v Dollari aird 00/100............. ............... $45.42e),0#0 Authorized Signature Date 7 16,20-15 Kevin Adarns Eshrnator"Piojw%Ianagcr 49i di kt AVen"'IL#i - � o k Ldw krl- P 30 P Phone I W;') :9 399 1 - Fax (IV 2()4,$04 N 6992 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT.SUMMARY FORM FOR CONTRACTS $100,000,00 and Under Granicus LLC Contract 4 Q-341.207 Effective Date: Signature Expiration Date: 8/31/26 Contract Purpose/Description: This update to the previously approved Granicus Contract#Q-304929 is a housekeeping item to document the,additional zero cost"LlveCast"encoder',used with ONE MEETING,provided by Granicus. All costs, renewals,and expiration dates remain the same as listed in Granicus Contract#Q-304929. — Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: �4l Oomez 4441 1, CAD CONTRACT COSTS Total Dollar Value of Contract: $ 0 Current Year Portion: $ o (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the gos�fl cunmk e�m,auw Ld E'd00,000 00 or Budgeted? Yes❑■ No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Cate o : ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES ❑NO (] CONTRACT REVIEW Reviewer Date In Department Head Signature: Alan MacEachern Dateig 202ly 5.07.25 AlanM-04'00' Date:2025.07.25 16:33'.25-04'00' Donald Townsend, Jr Digitally signed by D,na'd T,wns,nd•Jr County Attorney Signature: Date 2025.07.18 15 07 51-0a00 7� Gaelan P Jones Digitally signed by Gae'an P Jones Risk Management Signature: Date:2025.07.30 09 04 56-ga•dg• lbreu Purchasing Signature: Lisa Abreu Digitally 20250edby Lisa A9-0 Date:zozs Os 04 lazs 3s-sa 00 Andrew Roltsch Digitally signed by Andrew Rollscb OMB Signature: Date:2025 08.04 15 0650-0a•00• Comments: GPJ: approving w/o insurance as extension of prime contract Q-304929,which did not require vendor to provide insurance. Risk has requested GL and CL coverage upon renewal. Revised BOCC 4/19/2023 Page 84 of 105 6993 THIS IS NOT AN INVOICE Order Form Prepared for Monroe County FL Granicus Proposal for Monroe County FL o IIIIIIII'' IIII',IIII' IIII' IIII', IIII Prepared By: Desmond Davis Phone: Email: desmond.davis@granicus.com Order#: Q-341207 Prepared On: 1 1 Jun 2025 Expires On: 31 Jul 2025 ; ' ; ms Currency: USD Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Current Billing Term End Date: 31 Aug 2024 Period of Performance: The Agreement will begin on date of signature and will continue through the end of the then current billing term, and will continue for an additional 24 months thereafter. Order #: Q-341207 Prepared: 1 1 Jun 2025 6994 Page 1 0. _ �(( 7 GRANICUS Order Form Monroe County FL The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Solutlon Qudntity/Unit 'Pdor Annu'I Fee Government Transparency Suite 0 Each $5,794.33 Granicus Encoding Appliance Software (GT) 0 Each $1,260.00 Open Platform Suite 0 Each $0.00 SUBTOTAL; $7,054.33 Upon the signing of this Agreement, annual fees for the terminating subscription(s) shall cease. Any pre-paid fees for the terminating subscription(s) after the signing of this Agreement will be prorated from the signing of this Agreement to the end of the Client's then-current billing term, credited, and such credit applied to the annual fees for new subscriptions. Client will continue to have access to and use the terminating solution until the new subscription(s) is/are deployed. Upon the deployment of Client's new solution as determined at Granicus'sole discretion, Granicus shall remove access to the Client's terminating subscription(s). Billing talu ion Frequency. Qucintlty/Unit Annual Fee Meeting Efficiency Suite Annual 1 Each $0.00 Agenda Automation -Tier 1 Annual 1 Each $13,649.99 SUBTOTAL: $13,b49,99 OEM Billing talu ion Frequency Qucintity/Unit One Time Fee GovMeetings Live Cast SetUp and Up Front 1 Hours $0.00 Config Granicus Live Cast Encoder- Hardware Upon Delivery 1 Each $0.00 Granicus Video -Online Training Upon Delivery 6 Hours $0.00 Granicus Live Cast Encoder Setup and Up Front 1 Each $0.00 Configuration US Shipping Charge C - Large Item Upon Delivery 1 Each $0.00 SUBTOTAL: $0.00 Order #: Q-341207 Prepared: 1 1 Jun 2025 6995 Page 2 0. _ �(( 7 GRANICUS Order Form Monroe County FL min= olufioin Billing Oucin i y/Unit Annuai Fee. Frequency. GovMeetings Live Cast Annual 1 Each $5,464.10 Granicus Live Cast Encoding Software Annual 1 Each $1,590.01 Upgrade to 1080p Streaming Annual 1 Each $0.00 sugToTAL: $7,054.11 Please note, annual fees for new subscriptions will be prorated to align to Client's then-current billing term. Exceptions include Recurring Captioning Services, SMS, and Targeted Messages. 0 Order #: Q-341207 Prepared: 1 1 Jun 2025 6996 Page 3 0. _ �(( 7 GRANICUS Order Form Monroe County FL i':urvIIcII11; IIIII; IIII II"'IRICU�lqG Il jjjjjjjjjjjjr!!!Y,ea!adr2 !!!! Year Meeting Efficiency Suite $0.00 $0.00 Agenda Automation -Tier 1 $14,332.48 $15,049.1 1 GovMeetings Live Cast $5,737.30 $6,024.17 Granicus Live Cast Encoding Software $1,669.51 $1,752.98 Upgrade to 1080p Streaming $0.00 $0.00 SUBTOTAL-' '$21,731.29 � �� 22,826.26 Order #: Q-341207 Prepared: 1 1 Jun 2025 6997 Page 4 0. _ �(( 7 GRANICUS Order Form Monroe County FL Solution bescription Meeting Efficiency Suite Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) and Hardware- as-a-Service (HaaS) solution that enables government organizations to simplify the in-meeting management and post-meeting minutes creation processes of the clerk's office. By leveraging this solution, the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, use LiveManager to record roll calls, motions, votes, notes, and speakers, all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word, and publish online with the click of a button. Meeting Efficiency includes: • Unlimited user accounts • Unlimited meeting bodies • Unlimited storage of minutes documents • Access to the LiveManager software application for recording information during meetings • Access to the Word Add-in software component for minutes formatting in MS Word if desired • Up to one (1) MS Word minutes template (additional templates can be purchased if needed) Agenda Automation -Tier 1 Agenda Automation -Tier 1 Includes: 2 workflows, 1 post workflow, 2 forms and up to 4 meeting types GovMeetings Live Cast govMeetings Live Cast provides the ability to manage public meetings from anywhere, on almost any device using cloud based software and a Granicus Live Cast encoder. It will stream public meetings in HD, allow users to live index items, record and publish minutes, and provide archive videos for on-demand viewing. Granicus Live Cast Encoder- Granicus Live Cast encoder is the hardware appliance used convert Hardware the video feed for video streaming on the web. It also records the video and provides the MP4 file for archive playback. Granicus Video-Online Training Granicus Video -Online Training Granicus Live Cast Encoding Granicus Live Cast Software will convert the video feed for video Software streaming on the web which will also record video and provides the MP4 file for archive playback. Order #: Q-341207 Prepared: 1 1 Jun 2025 6998 Page 5 0. _ �(( 7 GRANICUS Order Form Monroe County FL Solution Description Only used with the Live Cast encoder hardware and Live Cast solution. US Shipping Charge C - Large US shipping of a large item Item Upgrade to 1080p Streaming Upgrade to 1080p Streaming (requires Live Cast and Live Cast Encoder) Order #: Q-341207 Prepared: 1 1 Jun 2025 6999 Page 6 0. _ �(( 7 GRANICUS Order Form Monroe County FL nI11;IIIws & caIitI��m ri oIIII • This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the "License Agreement"). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference,with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language:The pricing, terms and conditions of quote Q-341207 dated 1 1 Jun 2025 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes,which, if any,will be included in the invoice. It is the responsibility of Monroe County FL to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. • Upon the effective date, this Agreement shall supersede and replace any previous agreement between the parties for the Terminating and/or Existing Subscriptions listed herein.All such prior agreements between the parties are hereby void and of no force and effect. For All Services Credits (including Service Catalog Credits and SimpleSupport): Credits must be purchased prior to use and are allocated towards any services performed by Granicus included in the Service Credit portfolio for the number of credits indicated therein. Credits cannot be used towards software subscription purchases. Credits are consumed as Services are performed during the applicable period of performance and must be used during that period of performance or they will expire. If Client fails to use the credits within the period of performance due to factors outside of Granicus' control, Granicus will not be obligated to refund any credits and will be under no obligation to perform the Services. Order #: Q-341207 Prepared: 1 1 Jun 2025 7000 Page 7 0. _ G_R AN I C-US Order Form Monroe County FL III U IIII U�lqG U�lq[ IRMA na�iq Billing Contact: Purchase Order - No Required? -Yes ........................................................................................................................................................... Billing Address: PO Number: If PO required ..............."I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""II............... ..............."I'l""I'll""I'll'll"",',,""I',l",lI............... ............... ............... ............... Billing Email: Billing Phone: If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-341207 dated I I Jun 2025 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. r X�lt III.:�III' III' III�'llI By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Monroe County FL ""'...............Signature " " " ......... Name: Christine Hurley Title: County Administrator Date: August 4, 2025 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. A--��I.Fomi Avd Legel S.M.— P",' Dovold —.1,A 1g04,20 ,3:43D_� 25 pm Order #: Q-341207 Prepared: 1 1 Jun 2025 Page 8 0.7001 Monroe County Purchasing Policy and Procedures ATTACHMENT D--'; COUNTY ADMINISTRATOR CONTRACT.SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with- PitnCY Bowes 00414979 1 Effective Date: 5/16/2024 Expiration Date: 5/16/202 Contract Purpose/Description: 60 month lease agreement for a ScndPro C Series -Version 4 postage machine located in the Code Compliance department,at the Government Center,2798 Overseas Hwy,Marathon FL 33050 Initial payment amount: $53.97 monthly/$161,91 quarterly Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Brenedy Rigby 8806 Cade Compliance/Stop 26 (Name) (Ext.) (Denartment/Ston 4) CONTRACT COSTS Total Dollar Value of Contract: $ 3,238.20 Current Year Portion: $ 647.64 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the ,aTM:,wR cunwwdf��Oat c „orew)unt.is 9yN�+�,"r,io1w+wP�,"r w Budgeted?Yes ✓ No� Grant: $ County Match: $ Fund/Cost Center/Spend Category: C 01,0050 148-60500 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES[:]NO *Effective retroactively to CONTRACT REVIEW 05/16/2024 viewer Date In Department Head Signature: � iLaerL 8-5-25 Kelly gan Digitally signed by Kelly Dugan County Attorney Signature: Date:2025.08.05,3:35:33-04'00' Risk Management Signature: - 8.5.25 Lisa Abreu Digitally signed by Lisa Ad— Purchasing Signature: Da`e.2025.08.08 1127:49-04'00' John Quinn Digitally signed by John Onnn OMBSignature: Date:2025.08.14 1625:58-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 7002 pitneybowes State of Florida Contract#44102100-17-1 Order Form Agreement Number Your Business Information Full Legal Name of Lessee 1 DBA Name of Lessee Tax ID#(FEINITIN) Monroe County Code Compliance 596000749 Sold-To:Address 2798 Overseas Hwy,Suite 330First Floor Building Dept,Marathon,FL,33050,US Sold-To:Contact Name Sold-To:Contact Phone# Sold-To:Account# Cynthia McPherson (305)289-2508 001124503E Bill-To:Address 102050 Overseas Highway5uite 225,Key Largo,FL,33037-276.1,US Biil-To:Contact Name Bill-To:Contact Phone# Biii-To:Account# Bill-To:Email Brenedy Rigby (305)453-8806 0015447194 rigby-hrenedyQg monroecounty-fl.gov Ship-To:Address 2798 Overseas Hwy,Suite 330First Floor Building Dept,Marathon,FL,33050,US ______� Ship-To:Contact Name Ship-To:Contact Phone# Ship-To:Account Nicole Petrick 3052692509 0011245038 PC# Your Business Needs Qty Item Business Solution Description 1 9ENDPROCSERIES4 SendPro C Series-Version 4 ....._.......... 1 1FXA Interface to InView Dashboard ..................... 1 7Haa C Series IMI Meter 1 8H00 C Series IMI Base 1 APAC Connect+Accounting Weight Break Reports APAX Cost Acctg Accounts Level(100) 'I 1 APKN Account List ImportlExporl 1 C2C1 C425 SendPro C-51b Scale Bundle 1 CAAB Basic Cost Accounting 1 COVER-SPC Protective Dust Cover-SendPro C F90I Basic Inslallaticn and Training I F9PG2 PowerGuard LE Service Package t HZ60441_ SendPro C Series Drop Stacker t ME1A Meter Equipment-C Series US356009.1 6n7 Page 1 of 3 Y1D3274656 =017 Pitney Bowes Inc.All rights reserved., See Pilney B—a Te for additional terms and conditions Pitney Bowes Confidential Information 7003 ...... 1 PAB1 ...-....._.� C Series Premium App Bundle 1 PTJ1 SendPro Onlire-PitneyShip ^) PTJA SPO-PitneyShip Basic 1 User "I PTJN Single User Access t PTK1 Web Browser Integration 1 PTK2 SendPro C Series Shipping Integration ------ ................ t SPCRK Return Kit for SendPro C Series .................. 1 STDSLA Standard SLA-Equipment Service Agreement(for SendPro CSeries-Version 4) 1 ZH24 Manual Weight Entry 1- ZH27 HZ02 65 LPM Speed 1 ZHC425 SendPro C425 Base System Identifier I ZHD5 USPS Rates with Metered Letter t ZHD7 E Conf Services for Metered LTR.BDL 1 ZHD9 Retail Ground LOR Your Payment Plan Initial Term. Sa months In 11 lttat Paymend Aonounl. ( )Tax Exempt Certificate AttacH®d Nuamttaer of Months Monthly Amount Silted Quarterly at* ( )Tax Exempt Certificate Not Required 60 $53.97 $161.91 O Purchase Power'transaction fees included (X) Purchase Power"'transaction fees extra Does not include any applicable safes,use,or properly lazes which writ he billed separalely. If the equipment listed above is replacing ynur current molar,yourcunenl melerwilibe taken wf orsomce once This lease commences US3569 W o.1 6r17 Page 2 of 3 V103274656 ®2617 Pitney Bowes Inc.AR rights reserved, See Pitney Bowes Tennis for additional terms and conditions Pitney Bowes Confidential Information 7004 Your Signature Below By your signature below or Purchase Order,you are entering into a Lease Agreement pursuant to the terms and condilions of the Florida STC No,44102100-17-1,If software is included in the Order,additional terms apply„Please refer to tG9ff>P"kglf f1lh7iEwti�9i;, rI pgp �if pf�, for the applicable software terms. 44102100.17.1 StatelEn[ilysConlracl# Ply 150';oi Signature: � Lesser Signature Email: urrcll�iers�rnf� Tir��fndt'Il�nrc�ecc]u�nt�r-Tl.�crtif Pdnl Name tiara-� nYarne Title: i L n Nis Date �.........� J , ,-., ��...__.._......_._.._. — r �ATI rAIQ r➢dress f.,,.:f, �!i 2jl, Il „� ,°`�� JI f 1��1���������l��l�s/o/�/������������������������������������������� Sales Information Harold Marriott dean,merriott@pb.com Account Rep Name Email Address PBGFS Acceptance Confirmed Order Form falls under State Term Contract No. 44102100-17-1 For Mail Processing Equipment Kelly Dugan, Asst. County Attorney Christine Hurley County Administrator, Monroe County *Effective date 5/16/24 usmmas,1 6a 7 Page 3 of 3 Y1032746DG 02017 Pitney Bowes Inc.All rights reserved„ See Pirn"Bowes Terms for additional tarns and condilions Pitney Bowes Confidential Information 7005 l FLORIDA DEPARTMENT OF MANAGEMENT SERVICES state purchasing We serve thaw who serve Florida. State Term Contract No. 44102100-17-1 For Mail Processing Equipment This Contract is between the State of Florida, Department of Management Services (Department), an agency of the State of Florida and Pitney Bowes Inc. (Contractor), collectively referred to herein as the "Parties." The Contractor submitted a response to the Department's solicitation, ITB 22-44102100-Z for Mail Processing Equipment. After concluding all evaluations, the Department has determined that the Contractor's response provides a best Ivalue to the State of Florida. Accordingly, the Parties agree as follows: I. Initial Contract Term. The Initial Contract Term shall be for five years. The Initial Contract Term shall begin on February 20, 2017. The Contract shall expire on February 19, 2022 unless terminated earlier in accordance the General Contract Conditions. II. Renewal Term. Upon mutual written agreement, the Parties may renew this Contract, in whole or in part, for a Renewal Term not to exceed the Initial Contract Term, pursuant to the incorporated General Contract Conditions. III. Contract. As used in this document, "Contract" (whether or not capitalized) shall, unless the context requires otherwise, include this document and all incorporated Exhibits, which set forth the entire understanding of the Parties and supersedes all prior agreements. All modifications to this Contract must be in writing and signed by all Parties. All Exhibits attached and listed below are incorporated in their entirety into, and form part of this Contract. The Contract Exhibits shall have priority in the order listed: a) Exhibit A: General Contract Conditions b) Exhibit B: ITB 22-44102100-Z and any addenda in reverse order of issuance c) Exhibit C: Price Sheet Page 1 of 74 7006 State Term Contract No. 44102100-17-1 Mail Processing Equipment IV. Contract Management. Department's Contract Manager: Corina Chiorescu Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 488-9847 Email: Cs)irliir°n: corirh Contractor's Contract Manager: Dean Merriott Pitney Bowes Inc. 2368 Stoney Glen Drive, Fleming Island, FL 32003 Telephone: 904-6732411 Email: ;w.r. .Ir::p..1a:@.r.ir„ir!.i::( .p.l,n.. i.la:@. IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes the attached and incorporated Exhibits, to be executed by their undersigned officials as duly authorized. This Contract is not valid and binding until signed and dated by the Parties. Pitney Bowes Inc. State of Florida, Department of Management Services Signature Signature Debra Forbess, Director of Finance and Administration Name, Title Name, Title Date Date Page 2 of 74 7007 State Term Contract No.. "102100474 Mail Processing Equipment IV. Contract Management Department's Contract Manager: Corma Chiorescu Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way. Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850)488-9847 Email, Co(ona.Chiorescu(Mdms.mAorida-com Contractor's Contract Manager: Dean Marriott Pitney Bowes Inc. 2368 Stoney Glen Drive, Fleming Island, FL 32003 Telephone: 904-6732411 Email: Pean.merrig=pb.corn IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes the attached and incorporated Exhibits,to be executed by their undersigned officials as duly authorized. This Contract is not valid and binding until signed and dated by the Parties. Pitney Bowes Inc. offlorl of Flo" Signature Ig / pa juent anagement Services .......... ; araim. AfFAfV)V-&"wjY)AW AV,0-7- Ross a ram.Director of State Purchasing Name,Tide A",VVOY Name, Me Date ate Pap 2 of 74 7008 State Term Contract No. 44102100-17-1 Mail Processing Equipment 1.1 Purpose The purpose of this State Term Contract is to provide state agencies and OEUs a vehicle to acquire mail processing equipment and related supplies and services. Core products offered under this Contract is the maintenance and lease of equipment, classified under the following categories: Category Specifications of Mailing Machine (All must include meter) Number 1 Mailing machine with capacity to meter between 15 and 20 LPM with minimum of 2 pound (lb) scale 2 Mailing machine with capacity to meter between 21 LPM and 50 LPM and with sealer, and differential weighing and minimum of 5 lb scale 3 Mailing machine with capacity to meter between 51 LPM and 100 LPM with sealer, differential weighing and minimum of 5 lb scale 4 Mailing machine with capacity to meter between 100 LPM and 179 LPM with sealer, differential weighing and minimum of 5 lb scale 5 Mailing machine with capacity to meter up to 179 LPM with sealer, differential weighing, dynamic scale and minimum of 5 lb scale 6 Mailing machine with capacity to meter 180 LPM with sealer, differential weighing, dynamic scale and minimum of 10 lb scale Non-core products offered under the Contract are the lease or purchase of equipment classified under the following categories: Inserters Openers Folders Folders-Inserters Supplies Mail Processing Equipment Accessories Mail Processing Equipment Software Only Mail Processing Equipment Accessories, Mail Processing Equipment Software and Supplies that have connectivity with an item(s) awarded on the core price sheet will be on the contract. The only non-core service the Department will consider is yearly maintenance for non- core products. The Department reserves the right to reject any and all items offered as a non- core product. 1.2 General Requirements 1.2.1 Commodity Standards All Commodities under this Contract shall conform with and be governed by all applicable current postal regulations and remain in compliance during the term of this Contract and until completion of any lease including maintenance or a separate maintenance agreement provided under this Contract. USPS regulations can be found in the Mailing Standards of the United States Postal Service Domestic Mail Manual: Commercial Mailing Service at: 2!n,-i/t�x/cl irm::i in i_ /cl ir,,i i !::i. . .........II........................................ii �q...:..h�D in i. If USPS requirements and standards change during the term of a lease, the Contractor shall modify the existing equipment or replace the existing equipment to meet the new USPS Page 3 of 74 7009 State Term Contract No. 44102100-17-1 Mail Processing Equipment requirements at least ten business days prior to the USPS change. The modification or replacement of equipment shall be completed without cost to Customers. All Commodities offered under this Contract, except for postage meters, shall be new, unused, of current production and of the latest design and construction. Used, rebuilt, remanufactured, shopworn, demonstrator, discontinued or prototype items shall not be offered. Note: It is understood that some new machines are manufactured from new parts which contain some recycled raw materials or components but all Commodities are deemed "new and are fully warrantied against defect. Postage meters rented under this Contract are not required to be new and the Contractor is responsible for ensuring that they are in proper working order. The Department reserves the right to request technical literature on any item. 1.2.2 Pricing The Contractor shall adhere to the prices submitted in the ITB Price Sheet(s), which are incorporated by reference into the Contract. Lease prices shall remain firm throughout the lease period and shall include a full-service maintenance agreement for all equipment for the life of the lease. All prices shall be Free on Board (FOB) destination delivery, and include installation, warranty, rate change protection, on- site training and product manuals. 1.2.3 Recall(s) In the event there is a recall of any of the Commodities, the Contractor shall provide reasonable assistance to the Department in developing a recall strategy and shall cooperate with the Department and Customers in monitoring the recall operation and in preparing reports as may be required. Each Contractor shall, at the request of the Department and/or any Customer, provide all reasonable assistance in locating and recovering any recalled equipment that is not in accordance with the requirements of the Contract. Each Contractor shall immediately notify and provide copies to the Department of any communications relating to recalls with any Customer. The Contractor, at its own cost, shall ensure defective equipment and supplies are rectified, replaced or destroyed in compliance with all applicable laws, rules or regulations and the Department's reasonable instructions. 1.2.4 Contract Warranty and Maintenance Contract Warranty Leased equipment shall be warrantied and maintained for the life of the lease. Purchased equipment shall be warrantied and maintained for a minimum of one year or the manufacturer's standard warranty, whichever is longer. The warranty and maintenance period shall commence upon acceptance of equipment by the Customer as evidenced by a certificate of acceptance form. All Commodities must operate in accordance with the manufacturer's standard specifications. The Contractor shall provide postage rate protection, software and firmware updates, and preventative maintenance services. All defective or broken parts not caused by accident, neglect, misuse, or abuse shall be repaired or replaced and all necessary machine adjustments occasioned by such defective or broken parts shall be performed. All warranty and maintenance services and products shall be provided at no cost to the Customer. Page 4 of 74 7010 State Term Contract No. 44102100-17-1 Mail Processing Equipment Service response time requirements during the warranty and maintenance period shall be the arrival of a manufacturer-trained, certified technician on-site within four business hours in urban counties and within eight business hours in rural counties after notification of a request for service. A telephone call, unless it results in solving the problem, shall not be deemed an acceptable service response. The warranty and maintenance shall include all labor and transportation resulting from service calls. The Contractor shall maintain service facilities and qualified personnel to service all equipment in the State of Florida within the required response time for the life of the Contract. Each service facility must maintain a sufficient number of qualified technicians and supply of parts to provide all required services described in the Scope of Work for the life of the Contract. If, during the warranty and maintenance period, malfunctioning equipment cannot be repaired within three business days after a request for service or in the case of excessive equipment down-time, the Contractor shall provide the Customer loaner equipment that meets or exceeds specifications of the Commodity at no additional cost until the defective unit or entire system (Customer's choice) is replaced with new equipment. Excessive equipment down-time is defined as three or more service calls over a ninety day period for repairs to the same piece of equipment. The Contractor shall maintain a service log describing which services are performed for each call. The log shall contain, at a minimum, the machine serial number, location of equipment, date and time of each service call, the response time and the type of service performed. The service log shall be made available to the Customer and the Department, upon request. 1.2.5 Replacement Parts The Contractor shall utilize only factory authorized replacement parts for repair of equipment. Under no circumstances will the Customer deliver or mail equipment to the Contractor for repair. Replacement parts will be available for the life of the lease and for at least five years after a purchase. Replacement parts must be stocked at all service locations. 1.2.5 Customer Service and Administration The Contractor shall provide Customers all services during standard business hours, Monday through Friday, 8:OOAM (ET) through 5:OOPM (ET). The following days are observed as holidays by state agencies: • New Year's Day • Birthday of Dr. Martin Luther King, Jr. • Memorial Day • Independence Day • Labor Day • Veterans' Day • Thanksgiving Day • Friday after Thanksgiving • Christmas Day If the actual holiday falls on a Saturday, the preceding Friday is observed as a holiday. When a holiday falls on Sunday, the following Monday is observed as a holiday. Page 5 of 74 7011 State Term Contract No. 44102100-17-1 Mail Processing Equipment The Contractor shall have a single point of contact to serve as Contract Manager as listed on the Vendor Information Form. The Contract Manager may support multiple Customers and must respond to Customer calls and/or emails within twenty-four hours. The Contract Manager must be able to provide or arrange for all aspects of Customer support and problem resolutions. Back-up coverage must be provided by an equally knowledgeable person if the Contract Manager is not able to be reached. In addition to a dedicated Contract Manager, the Contractor shall provide toll-free Customer service phone support from 8:00 AM (ET) to 5:00 PM (ET) Monday through Friday, except for National and State recognized holidays. TDD (Telecommunication Device for the Deaf) access must be made available during the above named Customer service operating hours. 1.2.7 Routine Communications All routine communications and reports related to this STC shall be sent to the Department's Contract Manager. If any information listed on the Vendor Information Form changes during the life of the Contract, then the Contractor shall update the Vendor Information Form and submit to the Department's Contract Manager. Communications relating to a specific order should be addressed to the contact person identified on the order. Communications may be by e-mail, regular mail, or telephone. 1.2.8 Quote Form Upon the Customer's request, the Contractor will provide a price quote within three business days. The Contractor agrees that quotes will be according to the prices, discounts, requirements, specifications, terms, and conditions of the Contract. 1.2.9 Orders There shall be no minimum order amount required under this Contract. The Contractor is required to honor Contract pricing for all orders that are placed prior to the date of expiration of the Contract. 1.2.10 Invoices Invoices must clearly identify the contract number, purchase order number if applicable, equipment serial number, remittance address, Customer name, location of equipment, billing period and total cost. The Contractor must provide in-house financing for leases. Third party billing providers/finance companies shall not be authorized for use. 1.2.11 Payments Payment terms for each lease will be in arrears and may be monthly or quarterly at the ordering entity's option. Payment for purchased equipment will be processed upon the satisfactory completion of delivery, installation, training and acceptance. Payment terms for separate maintenance agreements will be agreed upon by the Contractor and Customer. State agencies are required to obtain approval from the Department of Financial Services prior to agreeing to an advance payment in the amount of Category Two (currently $35,000) or more. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Page 6 of 74 7012 State Term Contract No. 44102100-17-1 Mail Processing Equipment 1.2.12 Purchasing Card The State of Florida has implemented a purchasing card program, using the Visa platform. Respondents may receive payments via the state's Purchasing Card in the same manner as any other Visa purchases. Purchasing Card/Visa acceptance for purchase is a mandatory requirement for this solicitation but is not the exclusive method of payment. If the state changes its Purchasing Card platform during the term of Contract resulting from the ITB, the Contractor shall make any necessary changes to accommodate the states new Purchasing Card platform within 30 days of notification of such change. 1.2.13 Returns Commodities that are returned due to Contractor error, shall be returned at the Contractor's expense. The Contractor shall make arrangements to remove the returned Commodities from the Customer's premises within seven calendar days after notification. Regularly stocked Commodities that are returned due to Customer error shall be returned at the Customer's expense without incurring re-stocking fees if returned in original packaging within thirty calendar days. 1.2.14 Postage Account Requirements The Contractor shall provide a no-cost option to refill postage meters. The Contractor shall provide postage account information within seven business days after an order for a postage meter is placed. 1.2.15 Delivery The Contract shall include delivery to the Customer, F.O.B. destination freight prepaid. Delivery shall be within thirty calendar days after receipt of order for standard "in-stock" equipment and within ninety calendar after receipt of special orders. The Contractor shall notify the Customer at least seventy-two hours in advance of delivery for equipment. The Contractor shall be responsible for any damage to buildings or individuals as a result of delivery and installation. The Contractor shall notify the Customer of any potential delivery delays within five business days after receiving a purchase order. Evidence of inability to deliver within required times or of intentional delays shall be cause for Contract cancellation and/or Contractor suspension. 1.2.16 Installation Contract prices for the purchase or lease of new equipment shall include full installation, making equipment ready for use, and removal of all packaging debris. Installation shall include the manufacturer's start-up supplies required for the machine to be fully operational including but not limited to ink, sealant and labels. 1.2.17 Training Contract prices for the purchase or lease of new equipment shall include on-site training for Customers. The Contractor shall provide a minimum of four hours of on-site training for standard equipment in order to adequately instruct Customers in the use of the equipment. Training will be performed after installation and prior to actual operation and acceptance. If requested by the Customer, the Contractor shall provide additional on-site training as needed. Page 7 of 74 7013 State Term Contract No. 44102100-17-1 Mail Processing Equipment 1.2.18 Certificate of Acceptance Form Upon successful installation of equipment and the minimum on-site training for Customers, the Contractor shall provide a certificate of acceptance form to the Customer. The serial number of the main base unit will be the primary serial number used to identify mail processing equipment. 1.2.19 Equipment Manual Each machine purchased or leased shall come with one user manual unless the manual is available on the Contractor's or Manufacturer's website. If the manual is available on the Contractor's or Manufacturer's website, the Contractor will direct the requesting Customer to the specific website location. The manual is to include operating instructions, safety precautions and proper preventative and remedial maintenance for the equipment. 1.2.20 Punch-Out Catalog and Electronic Invoicing The Contractor may provide an MFMP punch-out catalog. The punch-out catalog provides an alternative mechanism for suppliers to offer the State of Florida access to products awarded under the Contract. The punch-out catalog also allows for direct communication between the MFMP eProcurement System and a supplier's ERP system, which can reflect real-time product inventory/availability information. Through utilization of the punch-out catalog model, a Florida buyer will "punch out" to a supplier's website. Using the search tools on the supplier's Florida punch-out catalog site, the user selects the desired products and services. When complete, the user exits the supplier's punch-out catalog site and the shopping cart (full of products and services) is "brought back" to MFMP. No orders are sent to a supplier when the user exits the supplier's punch-out catalog site. Instead, the chosen products and services are "brought back" to MFMP as Contract line items. The user can then proceed through the normal workflow steps, which may include adding/editing the items to a requisition or a purchase order. An order is not submitted to a supplier until the buyer actually adds the line items to a requisition and the purchase order is approved and sent to the supplier. At the State's option, the Contractor may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Electronic invoices may be required to be submitted to the agency through the Ariba Network (AN) in one of three mechanisms as listed below. Contractors may select the method that best meets their capabilities from the following list: • cXML (commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the ASN for catalog and non-catalog products and services. The cXML format is the Ariba preferred method for elnvoicing. • EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the ASN for catalog and non-catalog products and services. Page 8 of 74 7014 State Term Contract No. 44102100-17-1 Mail Processing Equipment • PO Flip via ASN The online process allows suppliers to submit invoices via the ASN for catalog and non- catalog products and services. Suppliers have the ability to create an invoice directly from their Inbox in their ASN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the state and the third party provider of MFMP, a state Contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. The Contractor will work with the MFMP management team to obtain specific requirements for the punch-out catalog and electronic invoicing. 1.2.21 Contract Reporting The Contractor shall report information on orders received from state agencies and OEUs associated with this contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due date (s) MFMP Transaction Report Calendar month 10 business days after close of the period Contract Quarterly Sales State Fiscal Quarter 15 business Report days after close of the period Savings / Price Reductions Required whenever prices 10 business are established adjusted days after each action that adjusts prices Diversity Report State Fiscal Year 10 business [submitted to the Customer days after close (ordering entity)] of the period Preferred Pricing Affidavit Annual Contract anniversary date Proof of Insurance Annual Upon policy renewal. Page 9 of 74 7015 State Term Contract No. 44102100-17-1 Mail Processing Equipment 1.2.211.1 MFMP Transaction Fee Reports The Contractor is required to submit monthly Transaction Fee Reports in electronic format. Reports are due ten (10) working days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Bidder training presentations available online at the Transaction Fee Reporting and Bidder Training subsections under Bidders on the MFMP website: MFMP Transaction Fee and Reporting. Assistance is also available with the Transaction Fee Reporting System from the MFMP Customer Service Desk by email at N.,k ,kl !r � k iin..g.. ;?.! ... : ..::. .., orrm telephone 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. 1.2.21.2 Contract Quarterly Sales Report (Attachment K) The Contractor agrees to submit a Quarterly Sales Report (Attachment K) to the DMS Contract Manager within fifteen working business days after the close of each State Fiscal quarter (September 30, December 31, March 31, and June 30). Quarterly Reporting periods should coincide with the contract term and should begin the quarter following contract execution. Reports must be submitted in MS Excel format. The report will include all sales (orders) from State Agency and Other Eligible Users received (associated with this contract) during the period. Initiation and submission of the Quarterly Report is the responsibility of the Contractor without prompting or notification from the DMS Contract Manager. If no orders are received during the period, the contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, the Contract may be terminated for convenience or the Department may choose to not renew the Contract. In addition, the Department may require additional Contract sales information such as copies of purchase orders, or ad hoc sales reports. The Contractor shall submit these specific ad hoc requests within the specified amount of time as requested by the Department. 1.2.21.3 Diversity Reporting The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority, women, and veteran owned business enterprises in the economic life of the State. The State of Florida Mentor Protege Program connects minority-, women-, and veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protege Program, please contact the Office of Supplier Diversity at (850) 487-0915 or email: o.sdhej1. !rm„ irm„�„r 11 !rii !rm„. The Contractor shall report to each Customer (ordering entity)„ spend with certified and other minority business enterprises. These reports shall include the period covered, the name, minority code and Federal Employer Identification Number of each minority business utilized during the period, Commodities and services provided by the minority business enterprise, and the amount paid to each minority business on behalf of each purchasing agency ordering under the terms of this Contract. Page 10 of 74 7016 State Term Contract No. 44102100-17-1 Mail Processing Equipment 1.2.21.4 Preferred Pricing Affidavit (Attachment J) The Contractor is required and agrees to complete and submit the completed Preferred Pricing Affidavit to the Department at least annually, attesting that the Contractor is in compliance with the best pricing provision section of the General Contract Conditions. 1.2.21.5 Ad-hoc Reports The Contractor is required to submit ad hoc reports within the specified amount of time as requested by the Department. 1.2.22 Business Review Meetings In order to maintain the partnership between the Department and the Contractor, each quarter the Department may request a business review meeting. The business review meeting may include, but is not limited to, the following: • Successful completion of deliverables • Review of Contractor's performance • Review of minimum required reports • Addressing of any elevated Customer issues • Review of continuous improvement ideas that may help lower total costs and/or improve business efficiencies. 1.2.23 Financial Consequences Failure to provide service to all specified areas within the required service response time will result in the following Financial Consequences: First Second Third Financial Type Requirement Financial Financial Consequence Consequence Consequence Onsite within 4 business hours Service call for in urban $100 $250 $500 repair counties and 8 business hours in rural counties Equipment not 10 business picked up days after lease $100 $200 $300 expiration Machine replacement with 3 business new or loaner Days $250 per day $500 per day $1000 per day equipment if repair is not available Page 11 of 74 7017 State Term Contract No. 44102100-17-1 Mail Processing Equipment The Department and Customers reserve the right to withhold payment or implement other appropriate remedies, such as Contract termination or non-renewal, when the Contractor has failed to perform/comply with the provisions of the Contract. 1.2.24 Lease Agreements The Customer may enter into a lease agreement by the issuance of an order. Customers are not required to sign the Contractor's lease agreement form. In the event an additional agreement is signed by a Customer in error, it will be considered void and non-binding to the Customer. Prior to entering into a lease in excess of the annual Category Two threshold, state agencies must submit a completed "Checklist for Requesting Department of Financial Services Sec..!on 28..�.C.053 I���.S.)" to the Department of Financial Approval to Lease Equipment (ref, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, ,,,,,,,,,,,,, Services for preapproval. This form is located at: hr� //u vrrvrr.in°� tll2!rlicla fo.coin°i/aaclliir/statewk icle financial r�;k�oirtin /;aline,. uli yin°��;kn�ll�;kasfk h�;k lkllistjo ...................................................................... .....................................................................................................................................................................................................................................................................................................................................g.......................................q.............11............................................................................................................................................................. C State agencies shall review the Comptrollers latest memorandum addressing leases and installment purchase of equipment when considering the leasing of equipment. 1.2.24.1 Available Lease Periods: i. 3-Year Lease: A thirty-six month consecutive equipment plan which shall expire at the end of the thirty-six month period. ii. 4-Year Lease: A forty-eight month consecutive equipment plan which shall expire at the end of the forty-eight month period. iii. 5-Year Lease: A sixty month consecutive equipment plan which shall expire at the end of the sixty month period. Lease agreements shall expire upon completion of the specified lease period and shall not be automatically renewed. No termination notice shall be required by either party at the end of the lease. All equipment shall be removed from the Customer's location within ten business days after the expiration of the lease by the Contractor or the Contractor's representative. All equipment removals shall be coordinated with Customer, and at no costs to the Customer. The Customer is in no way liable or required to mail, freight or transport any equipment at the end of the lease. It shall be the Contractor's responsibility to physically remove any and all equipment from the Customer's location. 1.2.24.2 Renewal of Lease and Maintenance Agreements Upon mutual agreement of the Customer and Contractor, a lease or separate maintenance agreement may be extended or renewed during the term of the Contract. Any leases that are in excess of$35,000 in annual total value will require Department of Financial Services approval Page 12 of 74 7018 State Term Contract No. 44102100-17-1 Mail Processing Equipment (state agencies only) prior to execution of a new lease agreement, as per Chapter 287.063(2)(a), Florida Statutes. 1.2.24.3 Purchase of Leased Equipment Purchase of leased equipment by Customers is permitted under this Contract. 1.2.24.4 Lease Cancellation for Non-Performance Lease agreements may be cancelled during the lease period for non-performance related issues. If the Customer requests removal of leased equipment, the Contractor will cancel the lease effective immediately with no additional payments due from the Customer. Equipment will be removed from the Customer site within ten business days of such written notice at no cost to the Customer. 1.2.24.5 Leased Equipment Risk of Loss or Damage Upon acceptance of equipment, the Customer shall be responsible for ensuring all leased equipment from the risk of loss or damage for the life of the lease. 1.2.25 Price Adjustments Prices may be adjusted twice during the initial term and twice during the renewal term based on the percent change (up or down) of the Producers Price Index (PPI). Price adjustments correlate with the PPI Series ID PCU3333183333183A, Other Commercial and Service Industry Machinery Manufacturers, Mailing, Letter handling, and addressing machines, except parts and attachments as published by the Bureau of Labor Statistics, in the Department of Labor, Washington, DC 20212. These reports are accessible at the following website: i::.II .`..:// :.:.I .II. ..........v/d t /. When requesting a price increase, the Contractor may submit a justification in writing to the Contract Manager detailing the reasons for the price adjustment request and demonstrating the calculable change in PPI that supports a price adjustment. The requested adjustment for a price increase may not exceed the percentage change of the PPI the preceding twelve months prior to the adjustment. The Department reserves the exclusive right to accept or reject any request for a price adjustment. Price adjustments may be effective only upon written approval by the Department and may not be applied retroactively. The Department reserves the right to request price decreases at any time during the term of the Contract if it's found to be in the best interest of the State. 1.2.26 Product Adjustments Requested product adjustments must be approved by the Department and added to the contract before being offered to Customers. The Contractor may submit new product adjustments for approval on a quarterly basis on January 1, April 1, July 1, and October 1 of each calendar year. The Contractor may submit existing product adjustments in accordance with the price adjustments frequency as listed in section 1.2.25. 1.2.27 Survivability Lease agreements and the terms of this Contract under which those lease agreements were made during the term of the Contract will survive the term of the Contract through to the completion of the term of the Lease. Page 13 of 74 7019 State Term Contract No. 44102100-17-1 Mail Processing Equipment 1.2.28 Environmental Considerations The State supports and encourages initiatives to protect and preserve our environment. The Contractor shall have a plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Contractor shall also provide a plan for reduction and / or handling of any hazardous waste generated by the Contractor's company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be provided as part of the Contractor's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste. In its plan, the Contractor shall describe what efforts the Contractor's company will take to encourage the participation and support of these and other environmental programs and reduce the impact of purchasing mail processing equipment in the State of Florida. If applicable, the Contractor shall include its plans for utilizing reusable totes for delivery, reduced packaging programs, use of alternative fuel or higher fuel efficient delivery vehicles, programs to reduce vehicle miles through order consolidations/ incentives, user education programs for more environmental friendly products and product take-back programs. 1.2.29 Location and Moving of Leased Equipment The Customer shall notify the Contractor any time leased equipment is relocated to another location. Relocation of leased equipment within the same building shall be performed by the Contractor at no charge. Relocation of leased equipment within the same complex shall be done at no charge unless equipment must be moved by vehicle to another building and then a standard industry charge is allowed. 1.2.30 Option to Purchase The option to purchase instead of leasing equipment is permitted under with this Contract. Postage meters may only be rented. 1.2.31 Optional Related Accessories and Supplies The Customer may purchase equipment without optional related accessories, or may choose to purchase any individual or combination of machines, accessories, supplies or software offered on the non-core price sheet under the terms of this Contract. 1.2.32 Other Fees and Charges Additional fees including but not limited to, property taxes, delivery charges, pick-up charges, fuel surcharges, interest fees, late payment fees (if paid within thirty days of the invoice date), or removal charges are not permitted under this Contract. Remainder of this page is left intentionally blank Page 14 of 74 7020 State Term Contract No. 44102100-17-1 Mail Processing Equipment EXHIBIT A GENERAL CONTRACT CONDITIONS Table of Contents SECTION 1. DEFINITIONS......................................................................................................15 SECTION 2. CONTRACT TERM AND TERMINATION............................................................15 SECTION 3. PAYMENT AND FEES. .......................................................................................16 SECTION 4. CONTRACT MANAGEMENT. .............................................................................18 SECTION 5. COMPLIANCE WITH LAWS................................................................................20 SECTION 6. MISCELLANEOUS..............................................................................................21 SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE INDEMNIFICATION ..................................................................................................................23 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT AND INTELLECTUAL PROPERTY. ..................................................................................................24 SECTION 9. DATA SECURITY AND SERVICES. ...................................................................26 SECTION 10. GRATUITIES AND LOBBYING. ........................................................................28 SECTION 11. CONTRACT MONITORING. .............................................................................28 SECTION 12. CONTRACT AUDITS. .......................................................................................30 SECTION 13. BACKGROUND SCREENING AND SECURITY................................................30 These General Contract Conditions supersede and replace in their entirety all General Contract Conditions, Form PUR 1000, which is incorporated by reference in Rule 60A- 1.002, Florida Administrative Code (F.A.C.) SECTION 1. DEFINITIONS. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes, (F.S.) and Rule Chapter 60A-1, F.A.C.: 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract or on the date the Contract is signed by all Parties, whichever is later. Page 15 of 74 7021 State Term Contract No. 44102100-17-1 Mail Processing Equipment 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract, and in accordance with section 287.057(13), F.S., and Rule 60A-1.048, F.A.C. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. A Customer may, at its sole discretion, suspend a resulting contract or purchase order, at any time,when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor must comply with the notice and will cease the activities associated with any resulting contract or purchase order. Within 90 days, or any longer period agreed to by the Contractor, the Department or Customer will either (1) issue a notice authorizing resumption of work, at which time activity will resume, or (2) terminate the Contract or a resulting contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the Department determines that the performance of the Contractor is not satisfactory, the Department may, at its sole discretion, (a) immediately terminate the Contract, (b) notify the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Contract will terminate at the end of such time, or (c) take other action deemed appropriate by the Department. SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: (a) Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders. Page 16 of 74 7022 State Term Contract No. 44102100-17-1 Mail Processing Equipment (b) Preferred Pricing. Consistent with the goals of section 216.0113, F.S., Contractor acknowledges and recognizes that the Department wants to take advantage of any improvements in pricing over the course of the Contract period. To that end, the pricing indicated in this Contract is a maximum guarantee under the terms of this clause. Contractor's pricing will not exceed, on an aggregate basis, the pricing offered under comparable contracts for public entities. Comparable contracts are those which are similar in size, scope and terms. The Contractor shall submit to the Department a completed Preferred Pricing affidavit form annually. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor must submit documentation identifying the proposed (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of properly certified invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain detail sufficient for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract. The Contractor must provide commodities or contractual services pursuant to purchase orders. The purchase order period of performance survives the expiration of the Contract. The duration of purchase orders must not exceed the expiration of the Contract by more than 12 months. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing, and may be reimbursed only in accordance with section 112.061, F.S. 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Page 17 of 74 7023 State Term Contract No. 44102100-17-1 Mail Processing Equipment Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. The State of Florida is not required to pay any taxes, including customs and tariffs, on commodities or contractual services purchased under the Contract. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor by the Department or Customer. The Contractor must return any overpayment within 40 calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer within the manner and at the location specified in the Contract and any attachments to the Contract. Additionally, the terms of the Contract supersede the terms of any and all prior or contemporaneous agreements between the Parties. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager by certified mail, return receipt requested, by reputable air courier service, email, or by personal delivery, or as otherwise identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, is primarily responsible for the Department's oversight of the Contract. In the event that the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor's Contract Manager. The Contractor's Contract Manager is primarily responsible for the Contractor's oversight of the Contract performance. In the event that the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5.1 Diversity Reporting. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises, and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdheIp dms.myflorida.com. Page 18 of 74 7024 State Term Contract No. 44102100-17-1 Mail Processing Equipment Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each Customer purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in Section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES;AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about the designated nonprofit agency and the commodities or contractual services it offers is available at htt ://www.res�ectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in Sections 946.515 and 287.042(1), F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT,THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2)AND (4), F.S.;AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at htt ://www.�ride-enter�rises.or . Page 19 of 74 7025 State Term Contract No. 44102100-17-1 Mail Processing Equipment SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with Section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a)- (c), F.S., are hereby incorporated by reference, to the extent applicable. 5.2 Governing Law and Venue. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. The Contractor and any subcontractors that assert corporate status must provide the Department with conclusive evidence, per section 607.0127, F.S., of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity and maintain such status or authorization through the life of the Contract and any resulting contract or purchase order. 5.4 Convicted and Discriminatory Vendor Lists. In accordance with sections 287.133 and 287.134, F.S., an entity or affiliate who is on the Convicted Vendor List or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors or consultants have been placed on the Convicted Vendor List or the Discriminatory Vendor List during the term of the Contract. 5.5 Contractor Certification. If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to sections 215.473, F.S. and 215.4725 F.S, respectively. Pursuant to section 287.135(5), F.S., and 287.135(3), F.S., Contractor agrees the Department may immediately terminate the Contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Page 20 of 74 7026 State Term Contract No. 44102100-17-1 Mail Processing Equipment Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel during the term of the Contract. 5.6 Cooperation with Inspector General. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State (available at: htt ://dos.myflorida.com/library® archives/records-manage�eneral-records®schedules/), whichever is longer. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 5.7 Inspection. Section 215.422, F.S., provides that agencies have five working days to inspect and approve commodities or contractual services. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor's expense. SECTION 6. MISCELLANEOUS. 6.1 Notice of Legal Actions. The Contractor must notify the Department of any legal actions filed against it for a violation of any laws, rules, codes, ordinances or licensing requirements within 30 days of the action being filed. The Contractor must notify the Department of any legal actions filed against it for a breach of a contract of similar size and scope to this Contract within 30 days of the action being filed. Failure to notify the Department of a legal action within 30 days of the action will be grounds for termination for cause of the Contract. 6.2 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all subcontracted work. The Department supports diversity in its procurements and contracts, and requests that Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at osdhelpdms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. Page 21 of 74 7027 State Term Contract No. 44102100-17-1 Mail Processing Equipment 6.3 Assignment. The Contractor will not sell, assign or transfer any of its rights, duties or obligations under the Contract without the prior written consent of the Department. In the event of any assignment, the Contractor remains secondarily liable for performance of the Contract. The Department may assign the Contract to another state agency. 6.4 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are not employees or agents of the Department and are not entitled to the benefits of State of Florida employees. The Department will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all of its subcontracts under the Contract. 6.5 Risk of Loss. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer or the Department rejects a commodity, Contractor will remove the commodity from the premises within 10 days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within 10 days will be deemed abandoned by the Contractor and the Customer or the Department will have the right to dispose of it as its own property. Contractor will reimburse the Customer or the Department for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.6 Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State of Florida inspector. Acceptability customarily requires, at a minimum, an identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories, and National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished must meet all applicable requirements of the Occupational Safety and Health Act and State of Florida and federal requirements relating to clean air and water. 6.7 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. Page 22 of 74 7028 State Term Contract No. 44102100-17-1 Mail Processing Equipment 6.8 Time is of the Essence. Time is of the essence regarding each and every obligation of the Contractor. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.9 Waiver. The delay or failure by the Department or Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.10 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION 7.1 Workers' Compensation Insurance. To the extent required by law, the Contractor must be self-insured against, or must secure and maintain during the life of the contract, Worker's Compensation Insurance for all its employees connected with the work of this project, and in case any work is subcontracted, the Contractor must require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees engaged in work under the resulting contract are covered by the Contractor's insurance program. Self-insurance or insurance coverage must comply with the Florida Worker's Compensation law. In the event hazardous work is being performed by the Contractor under the resulting contract or purchase order and any class of employees performing the hazardous work is not protected under Worker's Compensation statutes, the Contractor must provide, and cause each subcontractor to provide adequate insurance satisfactory to the Department for the protection of employees not otherwise protected. 7.2 General Liability Insurance The Contractor must secure and maintain Commercial General Liability Insurance including bodily injury, property damage, product-liability, personal &advertising injury and completed operations. This insurance must provide coverage for all claims that may arise from the services, and operations completed under the Contract and any resulting contract or purchase order, whether such services or operations are by the Contractor or anyone directly or indirectly employed by them. Such insurance must include a Hold Harmless Agreement in favor of the State of Florida and also include the State of Florida as an Additional Insured for the entire length of the Contract and any resulting contract or purchase order. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the Contract and any resulting contract or purchase order. All insurance policies must be with insurers licensed or eligible to transact business in the State of Florida. The Contractor's current certificate of insurance must contain a provision that the insurance must not be canceled for any reason except after thirty(30) days written notice to the Department's Contract Manager. Page 23 of 74 7029 State Term Contract No. 44102100-17-1 Mail Processing Equipment The Contractors must submit insurance certificates evidencing such insurance coverage prior to execution of a contract with the Department. The Contractor must require its insurance carrier to add the Department to the insurance policies as an additional insured, as provided below: Florida Department of Management Services c/o Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 7.3 Indemnification. The Contractor agrees to indemnify, defend, and hold the Department, Customer, the State of Florida, its officers, employees and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right or out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees, agents, subcontractors, assignees or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees or delegates are not independent contractors in relation to the Department. The Contract does not constitute a waiver of sovereign immunity or consent by the Department or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Department or Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT AND INTELLECTUAL PROPERTY. 8.1 Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service; Page 24 of 74 7030 State Term Contract No. 44102100-17-1 Mail Processing Equipment (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. 8.2 Protection of Trade Secrets or Confidential Information. If the Contractor considers any portion of materials made or received in the course of performing the Contract ("contract-related materials") to be trade secret under section 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as "confidential" when submitted to the Department. If the Department receives a public records request for contract-related materials designated by the Contractor as "confidential," the Department will provide only the portions of the contract-related materials not designated as "confidential." If the requester asserts a right to examine contract-related materials designated as "confidential," the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated "confidential." If the Department is served with a request for discovery of contract-related materials designated "confidential," the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated "confidential" only if the Contractor fails to take appropriate action, within Page 25 of 74 7031 State Term Contract No. 44102100-17-1 Mail Processing Equipment timeframes established by statute and court rule, to protect the materials designated as "confidential" from disclosure. The Contractor will protect, defend, and indemnify the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of contract-related materials as "confidential." 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers and documents that were made in relation to this Contract. Contractor must retain all documents related to the Contract for five years after expiration of the Contract, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at http://dos.myflorida.com/library-archives/records-management/general®records® schedules/. 8.4 Intellectual Property. Unless specifically addressed in the Contract, intellectual property rights to all property created or otherwise developed by the Contractor for the Department will be owned by the State of Florida through the Department at the completion of the Contract. Any inventions or discoveries developed in the course of or as a result of services performed under the Contract which are patentable pursuant to 35 U.S.C. §101 are the sole property of the state of Florida. Contractor must inform the Department of any inventions or discoveries developed or made in connection with the Contract and will be referred to the Florida Department of State for a determination on whether patent protection will be sought for the invention or discovery. The State of Florida will be the sole owner of any and all patents resulting from any invention or discovery made in connection with this contract. Contractor must notify the Department of State of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed in connection with the Contract are the sole property of the State of Florida. SECTION 9. DATA SECURITY AND SERVICES. 9.1 Duty to Provide Secure Data. The Contractor will maintain the security of State of Florida Data including, but not limited to, a secure area around any display of such Data or Data that is otherwise visible. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. 9.2 Warranty of Security. Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida Data to be sent by any medium, transmitted or accessed outside of the United States. Page 26 of 74 7032 State Term Contract No. 44102100-17-1 Mail Processing Equipment Notwithstanding any provision of this Contract to the contrary, the Contractor must notify the Department as soon as possible, in accordance with the requirements of section 501.171, F.S., and in all events within one (1) business day in the event Contractor discovers any Data is breached, any unauthorized access of Data occurs (even by persons or companies with authorized access for other purposes), any unauthorized transmission of Data or any credible allegation or suspicion of a material violation of the above. This notification is required whether the event affects one agency/customer or the entire population. The notification must be clear and conspicuous and include a description of the following: (a) The incident in general terms. (b) The type of information that was subject to the unauthorized access and acquisition. (c) The type and number of entities who were, or potentially have been affected by the breach. (d) The actions taken by the Contractor to protect the Data from further unauthorized access. However, the description of those actions in the written notice may be general so as not to further increase the risk or severity of the breach. 9.3 Remedial Measures. Upon becoming aware of an alleged security breach, Contractor's Contract Manager must set up a conference call with the Department's Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a 30 minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate time for the call will be scheduled. All available information must be shared on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a security breach or security incident outside of normal business hours, the Contractor must notify the Department's Contract Manager and in all events, within one business day. 9.4 Indemnification (Breach of Warranty of Security). The Contractor agrees to defend, indemnify and hold harmless the Department, Customer, the State of Florida, its officers, directors and employees for any claims, suits or proceedings related to a breach of the Warranty of Security. The Contractor will include credit monitoring services at its own cost for those individuals affected or potentially affected by a breach of this warranty for a two year period of time following the breach. 9.5 Annual Certification. The Contractor is required to submit an annual certification demonstrating compliance with the Warranty of Security to the Department by December 31 of each Contract year. Page 27 of 74 7033 State Term Contract No. 44102100-17-1 Mail Processing Equipment SECTION 10. GRATUITIES AND LOBBYING. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly(1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to subsection 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract, after the Contract execution and during the Contract's term. SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of Work and attachments to the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. Coordination must be maintained by the Contractor with representatives of the Customer, the Department, or of other agencies involved in the Contract on behalf of the Department. 11.2 Performance Deficiency. The Department or Customer may, in its sole discretion, notify the Contractor of the deficiency to be corrected, which correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. 11.3 Financial Consequences of Non-Performance. If the corrective action plan is unacceptable to the Department or Customer, or fails to remedy the performance deficiencies, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the Contract. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Customer for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited. Page 28 of 74 7034 State Term Contract No. 44102100-17-1 Mail Processing Equipment 11.4 Liquidated Damages. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department or Customer and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department or Customer's delay. The Contractor acknowledges that untimely performance or other material noncompliance will damage the Department or Customer, but by their nature such damages may be difficult to ascertain. Accordingly, any liquidated damages provisions stated in the solicitation will apply to this Contract. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.5 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within 10 days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department or Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department or Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department or Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the Page 29 of 74 7035 State Term Contract No. 44102100-17-1 Mail Processing Equipment delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct, or cause to have conducted, either or both performance and compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractor's data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners or agents of the Contractor, pertaining to this Contract, may be inspected by the Department upon 15 days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The State of Florida's Chief Financial Officer and the Office of the Auditor General also have authority to perform audits and inspections. 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, State of Florida's Chief Financial Officer or the Office of the Auditor General for audit. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department may require the Contractor and its employees, agents, representatives and subcontractors to provide fingerprints and be subject to such background checks as directed by the Department. The cost of the background checks will be borne by the Contractor. The Department may require the Contractor to exclude the Contractor's employees, agents, representatives or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three calendar days any arrest for any Disqualifying Offense. The Contractor must notify the Contract Manager within 24 hours of all details concerning any reported arrest. The Contractor will ensure that all background screening will be refreshed upon the request of the Department for each person during the term of the Contract. 13.2 E-Verify. In accordance with Executive Order 11-116, the Contractor agrees to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the Page 30 of 74 7036 State Term Contract No. 44102100-17-1 Mail Processing Equipment subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five days of Contract execution. If the Contractor is not enrolled in DHS E-Verify System, it will do so within five days of notice of Contract award, and provide the Contract Manager a copy of its MOU within five days of Contract execution. The link to E-Verify is provided below. htt�://www.uscis.�ov/e- verif . Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five days to the Contract Manager identifying the new hire with its E- Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last six years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida Data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related or information technology crimes (b) Fraudulent practices, false pretenses and frauds, and credit card crimes (c) Forgery and counterfeiting (d) Violations involving checks and drafts (e) Misuse of medical or personnel records (f) Felony theft 13.4 Communications and Confidentiality. The Contractor agrees that it will make no statements, press releases, or publicity releases concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, or any particulars thereof, during the period of the Contract, without first notifying the Department's Contract Manager or the Department designated contact person and securing prior written consent. The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and commodities provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures.The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. Remainder of this page is left intentionally blank Page 31 of 74 7037 State Term Contract No. 44102100-17-1 Mail Processing Equipment Exhibit B ITB No. 22-44102100-Z Addendum No. 2 Contained herein are the answers to the questions submitted to the Department of Management Services (Department). The Department hereby amends ITB No. 22-44102100-Z as noted within this Addendum. For revisions, underline represents additions and strikethroughs represent deletions. In the event of a conflict between previously released information and the information contained herein, the information herein shall control. The information included in this addendum is now made part of this solicitation. FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES, OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. Any protest must be timely filed with the Department of Management Services' Agency Clerk. Please Note: This Addendum No. 2 does not need to be returned with the response. 1. The following definitions have been added to section 1.2: As stated in Chapter 288.0656(2) (e), Florida Statutes, a Rural Community is defined as a county with a population 75,000 or fewer. An Urban Community is defined as a county with a population of more than 75,000. 2. Section 2.2.11.7, Savings/Price Reduction PUR 7064 (Attachment H) is deleted in its entirety. 0 I or AR .st er other usual er r__usternary pror.es that i.veuld be paid by the PWFGhasew i.vitheut the he dit Of a nG_.AtF Gt roc611tiRg frGm this hid 3. Section 2.2.13.5, Savings/Price Reduction PUR 7064 (Attachment H), is added. If awarded a contract, the Contractor will submit Attachment H, the PUR 7064 to demonstrate the percent (%) savings in pricing offered compared to the MSRP List or other usual or customary prices that would be paid by the purchaser without the benefit of a contract resulting from this bid. 4. Section 2.2.13.4, Quarterly Sales Report (Attachment K), has been updated. If awarded a contract, an authorized representative of the Bidder will be required to complete and submit a Quarterly Sales Report (Attachment K) to the Department's Contract Manager within te44 fifteen business days after the close of each State Fiscal quarter (September 30, December 31, March 31, and June 30). 5. Section 3.2.4 Contract Warranty and Maintenance has been updated. Page 32 of 74 7038 State Term Contract No. 44102100-17-1 Mail Processing Equipment Leased equipment shall be warrantied and maintained for the life of the lease. Purchased equipment shall be warrantied and maintained for a minimum of one year or the manufacturer's standard warranty, whichever is longer. The warranty and maintenance period shall commence upon acceptance of equipment by the Customer as evidenced by a certificate of acceptance form. While a ,-n;+ ,,,der i.varrap a-All Commodities must operate in accordance with the manufacturer's standard specifications.n,,r;Rg the w arraRty „e4Gd +The Contractor shall provide postage rate protection, software and firmware updates, and preventative maintenance services. n,,r,,,n the w arraRty „eried a A_II defective or broken parts not caused by accident, neglect, misuse, or abuse shall be repaired or replaced and all necessary machine adjustments occasioned by such defective or broken parts shall be performed. All warranty and maintenance services and products shall be provided at no cost to the Customer. Service response time requirements during the warranty and maintenance period shall be the arrival of a manufacturer-trained, certified technician on-site within four business hours in urban counties and within eight business hours in rural counties after notification of a request for service. A telephone call, unless it results in solving the problem, shall not be deemed an acceptable service response. The warranty and maintenance shall include all labor and transportation resulting from service calls. The Contractor shall maintain service facilities and qualified personnel to service all equipment in the State of Florida within the required fst* he,irs response time for the life of the Contract. Each service facility must maintain a sufficient number of qualified technicians and supply of parts to provide all required services described in the Scope of Work for the life of the Contract. If, during the warranty and maintenance period, malfunctioning equipment cannot be repaired within three business days after a request for service or in the case of excessive equipment down-time, the Contractor shall provide the Customer loaner equipment that meets or exceeds specifications of the Commodity GeYeFed by the waFFaRty at no additional cost until the defective unit or entire system (Customer's choice) is replaced with new equipment. Excessive equipment down-time is defined as three or more service calls over a ninety day period for repairs to the same piece of equipment. The Contractor shall maintain a service log describing which services are performed for each call. The log shall contain, at a minimum, the machine serial number, location of equipment, date and time of each service call, the response time and the type of service performed. The service log shall be made available to the Customer and the Department, upon request. Page 33 of 74 7039 State Term Contract No. 44102100-17-1 Mail Processing Equipment 6. Section 3.2.20, Punch-Put Catalog and Electronic Invoicing, has been updated. At the c+-A+o'S OptiOR + The Contractor may be required +„ provide an MFMP punch-out catalog. The punch-out catalog provides an alternative mechanism for suppliers to offer the State of Florida access to products awarded under the Contract. The punch-out catalog also allows for direct communication between the MFMP eProcurement System and a supplier's ERP system, which can reflect real-time product inventory/availability information. Through utilization of the punch-out catalog model, a Florida buyer will "punch out" to a supplier's website. Using the search tools on the supplier's Florida punch-out catalog site, the user selects the desired products and services. When complete, the user exits the supplier's punch-out catalog site and the shopping cart (full of products and services) is "brought back" to MFMP. No orders are sent to a supplier when the user exits the supplier's punch-out catalog site. Instead, the chosen products and services are "brought back" to MFMP as Contract line items. The user can then proceed through the normal workflow steps, which may include adding/editing the items to a requisition or a purchase order. An order is not submitted to a supplier until the buyer actually adds the line items to a requisition and the purchase order is approved and sent to the supplier. At the State's option, the Contractor may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Electronic invoices may be required to be submitted to the agency through the Ariba Network (AN) in one of three mechanisms as listed below. Contractors may select the method that best meets their capabilities from the following list: • cXML (commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the ASN for catalog and non-catalog products and services. The cXML format is the Ariba preferred method for elnvoicing. • EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the ASN for catalog and non-catalog products and services. • PO Flip via ASN The online process allows suppliers to submit invoices via the ASN for catalog and non-catalog products and services. Suppliers have the ability to create an invoice directly from their Inbox in their ASN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the state and the third party provider of MFMP, a state Contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. Page 34 of 74 7040 State Term Contract No. 44102100-17-1 Mail Processing Equipment The Contractor will work with the MFMP management team to obtain specific requirements for the punch-out catalog and electronic invoicing. 7. Section 3.2.21, Performance Bond, has been deleted in its entirety. 8. Section 3.2.22, Contract Reporting, has been updated. The Contractor shall report information on orders received from state agencies and OEUs associated with this contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due date s MFMP Transaction Report Calendar month 10 business days after close of the period Contract Quarterly Sales State Fiscal Quarter 4-9 15 business Report days after close of the period Savings / Price Reductions Required whenever prices 10 business are established adjusted days after each action that adjusts prices Diversity Report State Fiscal Year 10 business [submitted to the Customer days after close (ordering entity)] of the period Preferred Pricing Affidavit Annual Contract anniversary date Proof of Insurance Annual Upon policy renewal. 9. Section 3.2.22.2, Contract Quarterly Sales Report (Attachment K), has been updated. The Contractor agrees to submit a Quarterly Sales Report (Attachment K) to the DMS Contract Manager within ten fifteen working business days after the close of each State Fiscal quarter (September 30, December 31, March 31, and June 30). Quarterly Reporting periods should coincide with the contract term and should begin the quarter following contract execution. Reports must be submitted in MS Excel format. The report will include all sales (orders) from State Agency and Other Eligible Users received (associated with this contract) during the period. Initiation and submission of the Quarterly Report is the responsibility of the Contractor without prompting or notification from the DMS Contract Manager. If no orders are received during the period, the contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, the Contract may be terminated for convenience or the Department may choose to not renew the Contract. Page 35 of 74 7041 State Term Contract No. 44102100-17-1 Mail Processing Equipment In addition, the Department may require additional Contract sales information such as copies of purchase orders, or ad hoc sales reports. The Contractor shall submit these specific ad hoc requests within the specified amount of time as requested by the Department. 10. Section 3.2.24 Financial Consequences has been updated. First Second Third Financial Type Requirement Financial Financial Consequence Consequence Consequence Onsite within 4 business hours Service call for in urban $100 $250 $500 repair counties and 8 business hours in rural counties Equipment not 10 business picked up days after lease $100 $200 $300 expiration Machine replacement with new or loaner 3 business Days $250 per day $500 per day $1000 per day equipment if repair is not available The Department and Customers reserve the right to withhold payment or implement other appropriate remedies, such as Contract termination or non-renewal, when the Contractor has failed to perform/comply with the provisions of the Contract. 11. Section 3.2.25.4 Lease Cancellation for Convenience has been deleted in its entirety. 12. Section 3.2.27, Product Adjustments, has been updated. Requested product ^ham adoustments.d6ie to Fnedel 6ipgFadeG must be approved by the Department and added to the contract before being offered to Customers. The Contractor may submit new product adiustments for approval on a quarterly basis on January 1, April 1, July 1, and October 1 of each calendar year. The Contractor may submit existing product adiustments in accordance with the price adiustments frequency as listed in section 3.2.26. 13. The word "warranted" is replaced with the word "warrantied" in sections 3.2.1 and 3.2.4. 14. Attachment C, Qualification Questions and Required Documents, has been replaced in Page 36 of 74 7042 State Term Contract No. 44102100-17-1 Mail Processing Equipment its entirety and the revised version is incorporated into this addendum. 15. Attachment H, Savings/Price Reductions, has been replaced in its entirety and the revised version is incorporated into this addendum. 16. Attachment M, Section 3.2 (b), has been replaced in its entirety with: (b) Preferred Pricing. Consistent with the goals of section 216.0113, F.S., Contractor acknowledges and recognizes that the Department wants to take advantage of any improvements in pricing over the course of the Contract period. To that end, the pricing indicated in this Contract is a maximum guarantee under the terms of this clause. Contractor's pricing will not exceed, on an aggregate basis, the pricing offered under comparable contracts for public entities. Comparable contracts are those which are similar in size, scope and terms. The Contractor shall submit to the Department a completed Preferred Pricing affidavit form annually. 17. Attachment M, General Liability Insurance, section 7.2 has been updated. The Contractor must secure and maintain Commercial General Liability Insurance including bodily injury, property damage, product-liability, personal & advertising injury and completed operations. This insurance must provide coverage for all claims that may arise from the services, and operations completed under the Contract and any resulting contract or purchase order, whether such services or operations are by the Contractor or anyone directly or indirectly employed by them. Such insurance must include a Hold Harmless Agreement in favor of the State of Florida and also include the State of Florida as an Additional #arced Insured for the entire length of the Contract and any resulting contract or purchase order. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the Contract and any resulting contract or purchase order. All insurance policies must be with insurers licensed or eligible to transact business in the State of Florida. The Contractor's current certificate of insurance must contain a provision that the insurance must not be canceled for any reason except after thirty (30) days written notice to the Department's Contract Manager. The Contractors must submit insurance certificates evidencing such insurance coverage prior to execution of a contract with the Department. The Contractor must require its insurance carrier to add the Department to the insurance policies as an additional insured, as provided below: Florida Department of Management Services c/o Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Page 37 of 74 7043 State Term Contract No. 44102100-17-1 Mail Processing Equipment The Department has received the following questions from the vendor community through the MFMP Sourcing Application and answers are provided in the following table: Question �wwwwwwww Answer www;i .......w wwwwwwwww wwwwwwwww wwwwwwwww wwwwwwwww wwwwwwwww wwwwwwwww wwwwwwwww wwwwwwwww wwwwwwwww wwwwwwwww wwwwwwwww ................. Section 1, Introduction 1. Section 1.17 The software license may be Contract Formation IFB, additional terms & attached to individual purchases at Scope: We have historically included dedicated the discretion of the customer. software which helps the State, as well as other states, with its mailroom management and to operate its equipment more efficiently, and with respect to other States, such software is subject to standard software license terms and conditions. Would the State of Florida prefer that we attach the software license to our RFP response for review, or would we attach it to each individual purchase or lease transaction? ...2, Inst ... Section ructions to Bidders 2. Section 2.2.13.4 Yes, reference Addendum 2, Quarterly Report - Neopost requests that the sections 2.2.13.4, 3.2.22 and submission of the quarterly report be changed 3.2.22.2. from ten business days after the close to 15 days ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... Section 3, Scope of Work 3. Section 3.2.4 Reference Addendum 2, section Please clarify the warranty requirement for 3.2.4. Leased equipment is leased equipment. Vendor agrees to warrant all warrantied and maintained for the equipment for 12 months on a purchase or life of the lease. Purchased lease and offer a Maintenance Agreement on equipment is warrantied and the equipment to cover the product following maintained for a minimum of one the 12 month warranty term. year. 4. Section 3.2.4 No. Reference Attachment D, Tab Is it acceptable that price of the service plan be 1, Core, which requires Bidders to added to each order or lease and PB will still provide all maintenance with the provide the warranty against defects? lease price. 5. Section 3.2.4 Yes, reference Addendum 2, Contract Warranty: The ITB stipulates that the sections 3.2.4 and 3.2.24. Contractor is required to provide a four (4) hour onsite response time for servicing equipment. This agreement would cover different geographic areas throughout the state where it may not be possible to meet this requirement. Would the State consider amending the ITB in consideration of the select zip codes that require additional travel time? 6. Section 3.2.4 Reference Addendum 2, sections We request that the requirement for on-site 3.2.4 and 3.2.24. service be changed to reflect our standard Page 38 of 74 7044 State Term Contract No. 44102100-17-1 Mail Processing Equipment service offering of: 1 hour response time to all written or oral notices of a service requirement due to an equipment breakdown, with a service technician on site within 8 hours. 7. Section 3.2.4 Section 3.2.4 allows problems to be Contract Warranty: In addition, due to resolved via a phone call. enhanced technology and equipment intelligence, many service requests can be resolved remotely over the phone or remote access during the initial service inquiry via phone call or online request. Would the State consider amending the ITB to allow the Contractor to provide immediate assistance and resolve service requests remotely without an on-site service visit? 8. Section 3.2.10 The Department will not waive this Our current invoice system does not allow for requirement. the inclusion of the State of FL's contract number on our invoices and requests that this requirement be removed. 9. Section 3.2.12 The purchase of postage is not Neopost agrees with the States purchasing included in this ITB. card program but clarifies it is not available for the purchase of Postage. 10. Section 3.2.14 The purchase of postage is not Neopost clarifies that we can offer a "no-cost" included in this ITB. option provided the postage funds are provided in advance. 11. Section 3.2.16 No, the Department will not modify Some low end products provided by Vendor are this requirement. commercially considered "self-installable." Vendor understands that some agency personnel require the need for professional installation of our most basic products, and therefore request an optional installation fee to offset the cost associated with this circumstance. 12. Section 3.2.17 No, the Department will not modify Some low end products provided by Vendor are this requirement. commercially considered "self-installable." Vendor understands that some agency personnel require the need for professional training of our most basic products, and therefore request an optional training fee to offset the cost associated with this circumstance. ......... .......... 13. Section 3.2.18 Reference section 3.2.11 of the ITB. Final acceptance and Page 39 of 74 7045 State Term Contract No. 44102100-17-1 Mail Processing Equipment Is it the State's intention that the requirements payments are governed by sections and specifications for Final Acceptance and 215.422 and 287.0585 of the authorization for payment would be set forth in Florida Statutes. each individual order and mutually agreed to by the State and Contractor? 14. Section 3.2.20 Reference Addendum 2, section Neopost can offer CIF catalogs and advises 3.2.20. that punch-out catalog are not available. Therefore we request that punch out catalogs not be made a requirement. 15. Section 3.2.21 No, reference Addendum 2, section Will a performance bond be required? 3.2.21. 16. Section 3.2.22 Yes, reference Addendum 2, Contract Reporting: Would the State consider section 3.2.22. allowing 15 business days after the close of the period for reporting/or action that adjusts prices? 17. 3.2.22.2 No, the Department will not modify Neopost requests that we be allowed to work this requirement. with the State on the reporting requirements listed in Attachment K as all listed reporting fields cannot be readily provided. 18. Section 3.2.22.5 Attachment K, Contract Quarterly Ad-hoc reports: What does the State consider a Sales Report, the MFMP "standard" report and what is considered an Transaction report and the Diversity "ad-hoc" report? report are considered standard reports. Ad-hoc reports may include additional information not typically . .... .... .... .... .... provided to the State. .... ... 19. Section 3.2.25.4 Reference Addendum 2, section The Agreement may be terminated by the State 3.2.25.4. whenever, for any reason. This stipulation requires vendors to perform a new risk analysis and will affect the price offered to the state. Will the State consider termination language based on appropriations and cause in lieu of convenience and enable vendors to offer the most aggressive pricing possible? 20. Under the current contract, the State receives a Reference Addendum 2, section very aggressive lease rate. In order to receive 3.2.25.4. an aggressive lease rates, would you consider the following: • 3.2.25.4 Lease Cancellation For Convenience -- Would the State consider changing this term to mirror the language in the current Florida contract? Page 40 of 74 7046 State Term Contract No. 44102100-17-1 Mail Processing Equipment Current Contract— Page 60 (f) Lease Cancellation for Convenience The initial lease agreement may be canceled at any time during the lease period by the lessee (Customer). A thirty (30) day cancellation notice will be required of the lessee in writing. All money due the lessor (Contractor) for the remainder of the lease agreement period will be due and payable upon completion of the equipment removal, except in documented cases of non- performance by the Contractor. Upon cancellation of a lease agreement by the lessee without cause, the equipment will be returned to the lessor with transportation at the lessee's expense as well as removal charges, if applicable. • 3.2.25.4 If the State cannot change this paragraph, would the State consider removing this Term in its entirety and only allowing for non-appropriations and default by contractor terminations on leases? 21. 3.2.25.4 Reference Addendum 2, section Lease Cancellation for Convenience - USA 3.2.25.4. manufacturing and captive leasing companies must adhere to GAAP for accounting and revenue recognition. Therefore, in order to offer leasing options to the State, we respectfully ask that the State of Florida change this provision to match the verbiage in our current State of Florida contract #600-760-141- 1 "The initial lease agreement may be canceled at any time during the lease period by the lessee (Customer....... All money due the lessor (Contractor) for the remainder of the lease agreement period will be due and payable upon completion of the equipment removal, except in documented cases of non- performance by the Contractor. .... 22. Section 3.2.27 Reference Addendum 2, section Would the state permit quarterly updates to 3.2.27. Vendor's product offerings? S ... ........_ ......... ......... ........_ ......... ........_ ......... ......... ........_ ......... ...... ection 4, Attachments 23. Attachment C Ad-hoc reports may include Please clarify what you mean by 'ad hoc additional information not typically reporting'? How often and what is required? provided to the state. 24. Attachment M, Section 3.2(c) No. Can we increase prices due to changing market conditions as well? Page 41 of 74 7047 State Term Contract No. 44102100-17-1 Mail Processing Equipment 25. Attachment M, Section 3.2 (b) Reference Addendum 2, Preferred Pricing: Can this language be revised Attachment M, Section 3.2 (b). to that it applies for the same quantity of product/ services, in the same configuration and under the same or similar terms and conditions consistent with the current terms and conditions of the contract? 26. Attachment M-page 4 section 3.7 The transaction fee is currently What is the amount of the transaction fee to be 0.7%. paid to the State by Vendor? 27. Attachment M-page 4 section 3.7 Transaction fees are assessed on Please clarify if the transaction fee is assessed payments. on the payment made to vendor (quarterly lease payment/purchase price) or the NET value of the equipment ordered? 28. Attachment M-page 4 section 3.7 Automatic deductions have not Please explain the process for automatic been implemented. deduction of transaction fees. 29. Attachment M, 7.2 No, the Department will not modify General Liability Insurance: Will the State this requirement. consider the Contractor deleting the reference to "and any resulting contract or purchase order."? 30. Attachment M, 7.2 Reference Addendum 2, section M, General Liability Insurance: Will the State 7.2. consider the Contractor amending this section by modifying Additional Named Insured to simply Additional Insured? 31. Attachment M, Section 9.2, page 12 The Department will consider these Warranty of Security: We request authorization requests post contract award. to share data and/or perform services outside of the US through our parent/affiliates in Europe. 32. Attachment M, Termination Provisions Reference section 3.2.28 of the Neopost clarifies that the termination or ITB. expiration of this Agreement shall in no way relieve either party from its obligations pursuant to any Equipment Leases, Postage Meter Rental Agreements or software subscriptions that were entered into prior to the date of such termination or expiration. 33. Attachment M, Intellectual Property Reference section 8.4 of Neopost USA clarifies that it will grant a license Attachment M. to the Purchasing Entity for its use of any Intellectual Property created in connection with Services provided for such Purchasing Entity. However, all such Intellectual Property shall be the property of Neopost USA. Page 42 of 74 7048 State Term Contract No. 44102100-17-1 Mail Processing Equipment 34. Attachment M Section 3.4 Purchase Orders shall reference Purchase Orders: Will the purchase orders (if the State Term Contract and state applicable) reference the State Term Contract agencies may have their own or will they have different terms and conditions. agency specific terms and If the latter, would you please provide a copy of conditions. the form PO for our review? 35. Attachment M, Section 3.4 Reference section 3.2.25 of the Purchase Orders: Will the State accept a PO ITB. Customers may issue and or a signed lease agreement to buy purchase orders for mail processing products and services on this contract? equipment. Additional lease agreements from the Contractor shall be considered non-binding. 36. Attachment M, Section 8.1 No, the Department will not modify Can we add a clarification statement that this requirement. 119.0701 does not apply since we are not providing services on behalf of the State? Genera......Questions....... ........_ ......... ......... ........_ ......... ......... ........_ ......... ......... ........_ ......... ...... .... ... 37. We have an additional question. It appears that Bidders must answer yes and agree to participate in the solicitation we must accept to all Qualification Questions/ the bidder agreement which includes agreeing Mandatory Requirements listed in to all terms and condition specific to this the ITB. solicitation. That is the only way to participate. However, we are in the question and answer phase and working through the terms and conditions of the solicitation with the State of Florida. Can you please clarify if by accepting we are still able to negotiate terms and conditions of the bid? Clearly we would like to participate in this process but have questions on some of the terms and conditions which we've submitted. By accepting this agreement you warrant that: (i) you are authorized by your company to enter into a binding contractual agreement based on the information you are about to transmit (ii) you agree to all terms and conditions regarding use of the MyFloridaMarketPlace system and (iii) you agree to all terms and conditions specific to this solicitation. 38. Vendor provides a select number of 3rd party The Department will not modify this products to complement our overall product requirement. offering. Will the State allow the purchasing entity to enter into a separate agreement pursuant to 3rd party products as long as they comply with the scope of the State contract? Page 43 of 74 7049 State Term Contract No. 44102100-17-1 Mail Processing Equipment 39. Would the State consider a Contractor to offer The Department will not modify this leasing provided by 2 different leasing vendors requirement. See Attachment M, specific to products? sections 6.2 and 6.3. 40. The Contractor cannot assign the Agreement Requests of this nature may only be without the States consent. Would you agree to considered post-contract award. allow assignment to a Contractor's Permitted Assignee?A Permitted Assignee shall be defined as any subsidiary, wholly—owned, directly or indirectly by Pitney Bowes Inc. that has a net worth of$50 million or greater? 41. Will the State provide technical specifications to Bidders are to submit a bid in the Contractors? accordance with Attachment D, Price Sheet and Section 3, Scope of Work. 42. General question —the ITB and related Reference section 3.2.25. The ITB documents do not contain any lease terms and provides the lease terms and conditions, other than a 3, 4 or 5 year term. Are conditions. there specific lease terms and conditions that we should review as part of this ITB, or is it acceptable for us to submit the lease terms and conditions that are part of the current contract? 43. For solutions that require licensed software, The software license may be would the State be willing to allow the attached to individual purchases at purchasing entity to negotiate a mutually the discretion of the customer. agreeable software license with the Contractor in addition to the terms and conditions contained within the RFP? If not, what does the State suggest to be certain users have the required software licensure? Page 44 of 74 7050 State Term Contract No. 44102100-17-1 Mail Processing Equipment ITB No. 22-44102100-Z Addendum No. 1 The Department hereby amends ITB No. 22-44102100-Z as noted within this Addendum. For revisions, underline represents additions and strikethroughs represent deletions. In the event of a conflict between previously released information and the information contained herein, the information herein shall control. The information included in this addendum is now made part of this solicitation. FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES, OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. Any protest must be timely filed with the Department of Management Services' Agency Clerk. Please Note: This Addendum No. 1 does not need to be returned with the response. Attachment A, Timeline of Events, has been replaced in its entirety. Page 45 of 74 7051 State Term Contract No. 44102100-17-1 Mail Processing Equipment Attachment A Timeline of Events The dates and times within this Timeline of Events may be subject to change. All events following the Bid Opening are anticipated and subject to change in time, date, and location. All changes to the Timeline of Events will be through an addendum to the solicitation posted to the VBS and added to the solicitation in MFMP. It is the responsibility of the Vendor to check for any changes in both locations. Invitation to Bid (ITB) posted on the Vendor Bid System October 4 2016' (VBS) and posted in MFMP Sourcing ; Non-Mandatory/MFMP Training Event 2:00 P.M. October 10, 2016 4050 Esplanade Way, Conference Room 360K Tallahassee, Florida 32399-0950 Webinar Information: ,,;;,//g,II, �,I ,11,,,,,,g, ,D lrm i,,k D ii,n„g,.,,, .................o i„n�/ , ,;1302 You may also call in: 877-309-2070 Participant Code: 569-130-253 Deadline to submit questions within MFMP Sourcing 10:00 A.M.mOctober 19, 2016 Messaging Tab ---------------------------------------------------------------------------------------------------------------------------------- Anticipated posting of answers to Respondents' November 7, 016 questions to the solicitation within MFMP Sourcing 2016 Deadline to submit responses, including all required 2:00 P.M. November documents in MFMP Sourcing November 29, 2016 Bid Opening 2:01 P.M. "'^ e.her �• 1^ 2016 4050 Esplanade Way, Conference Room 360K November 29, 2016 Tallahassee, FL 32399-0950 , mmf��r., n.vtihnr 7Q 7AAG'� Anticipated date to post Notice of Intended Award December 29,2016 Anticipated Contract start date February February 20, 2017 ----------------------------------------------------------------------------------- More info on MFMP If you are not already registered, or need to update your registration, you can do so through the MFMP Vendor Information Portal (VIP)at h222.L//vendor.myfloridamarketplace.com/. If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at.V..enc or..11,,,,i!..e, or(866)352-3776. Do not rely on the MFMP Sourcing Application's Time Remaining Clock. It is intended only to approximate the solicitation closing and may require periodic adjustments. The official solicitation closing time shall be as reflected in the timeline. It is strongly recommended to submit your response as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal. Page 46 of 74 7052 State Term Contract No. 44102100-17-1 Mail Processing Equipment ITB No. 22-44102100-Z Table of Contents 1 Introduction 2 Instructions to Bidders 3 Scope of Work 4 List of Attachments Page 47 of 74 7053 State Term Contract No. 44102100-17-1 Mail Processing Equipment 1 Introduction The State of Florida, Department of Management Services, Division of State Purchasing (Department) is issuing an Invitation to Bid (ITB) to establish a State Term Contract (STC) for the lease or purchase of Mail Processing Equipment. The Department intends to solicit for and enter into contracts with responsive and responsible vendors according to the criteria defined herein, for the provision of Commodities and contractual services described within this solicitation under the authority and criteria established by section 287.057, Florida Statutes (F.S.). This solicitation will be administered using the MyFloridaMarketPlace (MFMP) sourcing application and the Vendor Bid System (VBS). The VBS shall serve as the official system of record. Vendors interested in submitting a bid must comply with all of the terms and conditions described in this ITB. Information about submitting a bid can be found in Section 2, Instructions to Bidders. 1.3 Solicitation Overview The purpose of this solicitation is to establish a statewide STC for Mail Processing Equipment for state agencies and Other Eligible Users (OEUs). The current STC for Mail Processing Equipment has an estimated annual spend of approximately $8.7 million dollars for state agencies and OEUs. Estimated spend is for informational purposes only and must not be construed as representing actual, guaranteed, or minimum spend under any new contract. 1.4 Definitions Definitions contained in section 287.012, Florida Statutes, Rule 60A-1.001, Florida Administrative Code, General Contract Conditions and PUR 1001 form are incorporated by reference. Where in conflict, the definitions listed in this section supersede the incorporated definitions. All definitions apply in both their singular and plural sense. Bidder—A synonym for Respondent, as defined in PU R 1001, Section 1. Commodity(ies) —An item that may be a Product or Commodity. The terms Products and Commodities can be used interchangeably throughout this ITB. Commodity Code(s) -The State of Florida numeric code for classifying Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying Commodity(ies) and services. Confidential Information -Any portion of a company's documents, data, or records disclosed relating to its bid that the Contractor claims is confidential and not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or any other authority that is clearly marked "Confidential". Contract -The written agreement resulting from this ITB. Page 48 of 74 7054 State Term Contract No. 44102100-17-1 Mail Processing Equipment Contractor -The business entity that is awarded a Contract resulting from this ITB. May also be referred to as "Contractor', "Successful Bidder" or"Awarded Vendor" within this document. Customer— State Agencies and Other Eligible Users (OEUs). Department -The Florida Department of Management Services. Differential Weighing —Weighing platform that calculates the weight of mail as each piece of mail is removed. Dynamic Scale —Scale that automatically calculates correct pricing for United States Postal Services (USPS) shape based requirements. Lease —A transaction in which the Customer does not obtain ownership over the machine and makes scheduled payments to utilize the machine. Letters per Minute (LPM) —The number of envelopes a machine is capable of processing per minute. Meter—Device that can print one or more denominations of postage onto a mailpiece or meter tape. Manufacturer/Brand -The original producer or provider of Representative Models, Options and Services responsive to this solicitation. Other Eligible Users (OEU) -As defined in Rule 60A-1.005, Florida Administrative Code. Postage Rate Protection — Program that provides Customers free updates to equipment when USPS postage rates change. Purchase —A transaction that results in the Customer obtaining ownership of the Commodity. Responsible vendor—A vendor who has the capability in all respects to fully perform the Contract requirements and the integrity and reliability that will assure good faith performance. (Section 287.012(24), F.S.) Responsive bid -A bid submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation. (Section 287.012(25), F.S.) Responsive vendor—A vendor that has submitted a bid that conforms in all material respects to the solicitation. (Section 287.012(26), F.S.) Scale — Device that calculates the weight of mail. Sealer— Device that seals an envelope by moistening the glue flap as the envelope passes through the mailing machine. State -The State of Florida. Page 49 of 74 7055 State Term Contract No. 44102100-17-1 Mail Processing Equipment UNSPSC -An acronym for the United Nations Standard Products and Services Code. USPS —An acronym for the United States Postal Services. Vendor(s) -An entity that is in the business of providing a Commodity or service similar to those within the solicitation. 1.5 Contract Objective The Department intends to enter into a Contract(s) with the awarded Bidder(s) pursuant to the Basis for Award section. The Contract shall be composed of the following: this solicitation, General Contract Conditions, Scope of Work, the Vendor's response and the documents established in the Post Award Contract Meeting. 1.6 Term The initial term of the Contract shall be five (5) years. 1.7 Renewal Term Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part, for up to five years. 1.8 Timeline of Events (Attachment A) Bidders should become familiar with the Timeline of Events. The dates and times within the Timeline of Events may be subject to change. It is the responsibility of the Bidder to check for changes. All changes to the Timeline of Events will be made through addenda to the solicitation and noticed on the Vendor Bid System. Bidders shall not rely on the MyFloridaMarketPlace sourcing application's time remaining clock. It is not the official submission date and time deadline; it is intended only to approximate the solicitation closing and may require periodic adjustments. The official solicitation closing time and response deadlines shall be as reflected in the timeline. The Department will not accept late bids. It is strongly recommended that Bidders submit their response as early as possible. Bidders should allow time to receive any requested assistance and to receive verification of the submittal; waiting until the last hour of the solicitation could impact the timely submittal of the response. 1.9 Order of Precedence for Solicitation In the event of a conflict, the conflict will be resolved in the following order of priority (highest to lowest): 1. Addenda to Solicitation, if issued (in reverse order of issuance) 2. Scope of Work (Section 3) 3. General Contract Conditions (Attachment M) 4. Special Instructions to Bidders (Section 2.2) 5. PUR 1001, General Instructions to Bidders 6. ITB Attachments (not listed above as having a higher priority) 7. Introduction (Section 1) Page 50 of 74 7056 State Term Contract No. 44102100-17-1 Mail Processing Equipment 1.10 Procurement Officer The Procurement Officer is the sole point of contact from the date of release of this ITB until 72 hours after the intent to award is posted. Procurement Officer for this ITB is: Katherine Ajmeri, Associate Category Manager Florida Department of Management Services Division of State Purchasing 4050 Esplanade Way, Suite 360.6X Tallahassee, FL 32399-0950 Phone: (850) 921-0030 Email: Katherine.Aimeridms.myflorida.com ****ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION NUMBER IN THE SUBJECT LINE OF THE EMAIL**** 1.11 Limitation on Contact with Government Personnel (section 287.057(23), Florida Statutes) Between the release of this solicitation and the end of the 72-hour period following the Department posting the Notice of Intended Award, excluding Saturdays, Sundays, and State holidays (section 110.117, Florida Statutes), Bidders to this solicitation or persons acting on their behalf may not contact any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. 1.12 Must, Shall, Will and Is Required Although this solicitation uses terms such as "must", "shall", "will", and "is required", and may define certain items as requirements, the Department reserves the right, in its discretion, to waive any minor irregularity, technicality, or omission if the Department determines that it is in the best interest of the state to do so. However, failure to provide requested information may result in the rejection of a bid. There is no guarantee that the Department will waive an omission or deviation, or that any Vendor with a bid containing a deviation or omission will be considered for award of this procurement. The Department may reject any bid not submitted in the manner specified by this solicitation. 1.13 Special Accommodations Any person requiring a special accommodation due to a disability should contact the Department's Americans with Disabilities Act (ADA) Coordinator at (850) 922-7535 at least five business days prior to the scheduled event. If you are hearing or speech impaired, please contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD). The telephone numbers are supplied for notice purposes only. 1.14 Lobbying Disclosure The successful Bidder shall comply with applicable federal requirements for the disclosure of information regarding lobbying activities of the successful Bidder, subcontractors or any authorized agent. Certification forms shall be filed by the successful Bidder and all subcontractors, certifying that no federal funds have been or shall be used in federal lobbying Page 51 of 74 7057 State Term Contract No. 44102100-17-1 Mail Processing Equipment activities and the disclosure forms shall be used by the successful Bidder and all subcontractors to disclose lobbying activities. The successful Bidder shall comply with the provisions of section 216.347, Florida Statutes, which prohibits the expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. 1.15 ITB Process The ITB is a method of competitively soliciting a Commodity or contractual service pursuant to section 287.057(1)(a), F.S. The Department posts an ITB on the VBS to initiate the process and also posts the ITB in the MFMP Sourcing application. Bidders may submit questions in writing to the Procurement Officer via the Messages tab in the MFMP Sourcing application by the date listed in the Timeline of Events. Bids must be submitted by the deadline listed in the Timeline of Events. The Department will open the bids in a public meeting. Once the Department has verified the bids, the Department will post an agency decision on the VBS. 1.15.1 Non-Mandatory Pre-Bid Conference/MFMP Training Event A non-mandatory Pre-Bid Conference/MFMP training event will be held to discuss how to view and respond to solicitations in „"I" The Non-Mandatory Pre-Bid Conference/MFMP training event will be held at the date and time specified in the Timeline of Events. Attendance is optional but encouraged. Vendors may attend the webinar from their computer, tablet, or smartphone by clicking the link found in the Timeline of Events at the time of the training. A pdf of the presentation is available If a Bidder is unable to attend the training, the MFMP team offers many other training resources, including recorded, online training and job aids that can be viewed on the /I /ILA fol, il„��„rl("'J„i,s _(��"I,),S,i,�„r,. Public meetings conducted during the course of this solicitation are open to members of the general public, current vendors, potential vendors and interested persons. 1.15.2 Question Submission The Department invites interested and registered Vendors to submit questions regarding the solicitation. Vendors who have 'Joined' the MFMP Sourcing event are able to submit questions using the MFMP Sourcing 'Messages' tab (referred to as the "Q&A Board" in PUR 1001). Questions can be submitted in MFMP Sourcing until the Question Submission Deadline listed in the Timeline of Events. The following quoted text replaces Paragraph 5 of PUR 1001: "Questions must be submitted via the Q&A Board within MFMP Sourcing and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline of Events. Questions shall be answered in accordance with the Timeline of Events. All questions submitted shall be published and answered in a manner that all proposers will be able to view. Proposers shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the Vendor Bid System for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained in the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer Page 52 of 74 7058 State Term Contract No. 44102100-17-1 Mail Processing Equipment personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 20 of these Instructions." Bidders are strongly encouraged to raise any questions or concerns regarding this ITB, including the proposed Contract terms and conditions, during the open question period. 1.15.3 Addenda to the ITB The Department reserves the right to modify this solicitation by issuing addenda. Addenda may modify any aspect of this solicitation. Addenda issued will be posted on the VBS and within MFMP Sourcing. It is the Bidder's responsibility to check for any changes to a solicitation prior to submitting a bid. 1.15.4 Protest of Terms, Conditions, and Specifications With respect to a protest of the terms, conditions and specifications contained in this solicitation, including any provisions governing the methods for scoring responses, awarding contracts, or modifying or amending any contract, a notice of protest shall be filed in writing with the Agency Clerk, Department of Management Services, 4050 Esplanade Way, Tallahassee, FL 32399, within seventy-two hours after the posting of the solicitation. For purposes of this provision, the term "the solicitation" includes this solicitation document, any addendum, response to written questions, clarification or other document concerning the terms, conditions, and specifications of the solicitation. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 1.15.5 Public Opening Bids will be opened on the date and at the location indicated in the Timeline of Events. Bidders are not required to attend. The Department generally does not announce prices or release other materials at this public meeting, pursuant to s. 119.071(1)(b), Florida Statutes. 1.15.6 Electronic Posting of Notice of Intended Award The Department shall electronically post a Notice of Intended Award on the VBS for review by interested parties at the time and location specified in the Timeline of Events. The Notice of Intended Award shall remain posted for a period of seventy-two hours, not including weekends or State observed holidays. If the Notice of Award is delayed, in lieu of posting the Notice of Intended Award the Department may post a notice of delay and a revised date for posting the Notice of Intended Award. 1.15.7 Protest of Notice of Intended Decision Anyone desiring to protest the Notice of Intent to Award shall file any notice of protest and any subsequent formal written protest with the Agency Clerk, Department of Management Services, 4050 Esplanade Way, Tallahassee, FL 32399, within the time prescribed in section 120.57(3) Florida Statutes and Chapter 28-110, Florida Administrative Code. The Procurement Officer should be copied on such filings. Failure to file a notice of protest and a formal protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Page 53 of 74 7059 State Term Contract No. 44102100-17-1 Mail Processing Equipment Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 1.15.8 Firm Response The Department intends to award a contract within sixty days after the date of the bid opening, during which period bids shall remain firm and shall not be withdrawn. If an award is not made within sixty days, all bid responses shall remain firm until either the Department awards the Contract or the Department receives from the Bidder written notice that the response is withdrawn. Bid responses that express a shorter duration may, in the Department's sole discretion, be accepted or rejected. 1.16 Modification or Withdrawal of Bid Bidders are responsible for the content and accuracy of their bid. Bidders may modify or withdraw their bid at any time prior to the bid due date in accordance with the Timeline of Events. 1.17 Cost of Response Preparation and Independent Preparation The costs related to the development and submission of a response to this ITB are the full responsibility of the Bidder and are not chargeable to the Department. A Bidder shall not, directly or indirectly, collude, consult, communicate or agree with any other Vendor or Bidder as to any matter related to the response each is submitting. Additionally, a Bidder shall not induce any other Bidder to modify, withdraw, submit or not submit a response. 1.18 Return of Bid Contents Initial documentation provided to the Department as part of the ITB shall not be returned to the Bidder unless withdrawn prior to the bid opening. 1.19 Contract Formation The Department may issue a Notice of Intended Award, to successful Bidder(s), however, no contract shall be formed between a Bidder and the Department until the Department signs the contract. The Department shall not be liable for any work performed before the contract is effective. The Department intends to enter into a contract(s) with Bidder(s) pursuant to the Basis for Award, section of this solicitation. No additional documents submitted by a Bidder shall be incorporated in the contract unless it is specifically identified, incorporated by reference, and approved by the Department. If any additional documents are submitted by the Bidder, the additional documents will not be considered for the Basis for Award; however, these documents remain subject to the Return of Bid Contents section of this solicitation. Remainder of this page is left intentionally blank Page 54 of 74 7060 State Term Contract No. 44102100-17-1 Mail Processing Equipment 2 Instructions to Bidders This section contains instructions to Bidders on how to submit a bid. The instructions come in two parts; general instructions and special instructions. 2.1 General Instructions PUR 1001, the General Instructions to Bidders, is incorporated by reference and provided via the link below: http://www.dms.myflori a.com/content/download/2934/11780/1001.�df In the event any conflict exists between the Special Instructions and General Instructions to Bidders, the Special Instructions shall prevail. 2.2 Special Instructions to Bidders 2.2.1 MFMP Sourcing Since July 1, 2003, the Department has used the online e-procurement system known as MyFloridaMarketPlace (MFMP). This solicitation will be administered using MFMP Sourcing. 2.2.2 MFMP Registration To participate within MFMP Sourcing, a Bidder must be a registered vendor in the MFMP Vendor Information Portal (VIP). Registered Vendors should log into MFMP VIP to ensure contact information and commodity code registrations are correct and to ensure the option to participate in electronic solicitations in MFMP Sourcing is selected. Vendors not currently registered with MFMP VIP must: a) Create an account through the MFMP VIP. b) Within MFMP VIP, indicate on the Solicitations page that the wish to participate in electronic solicitations. c) Within MFMP VIP, in the Commodity Selections section, select the commodity codes for the goods and services that the vendor would like to provide to the state. Vendors will not receive notifications for commodities codes that are not selected. Note: VBS and MFMP Sourcing provide automated notifications to the vendor community, as a courtesy, based on commodity codes that are tied to a vendor's registration in the MFMP VIP. Vendors with a commodity code that matches the commodity code of the MFMP Sourcing event will be able to `Join' the MFMP Sourcing event. If a vendor does not have a matching commodity code, VBS and MFMP Sourcing will not provide a courtesy notification and the vendor will not be able to `Join' the MFMP Sourcing event. Vendors have the ability to access and update their registration in VIP by adding commodity codes to their business profile. Changes made in MFMP VIP, including new registrations, may take 48 hours to take effect. The MFMP VIP can be accessed via this link 1 11 J/ r;�7�{��i „� �I��i l„E{�,i �� „ ll llE kc f com/ Page 55 of 74 7061 State Term Contract No. 44102100-17-1 Mail Processing Equipment The Department strongly recommends vendors set MS Internet Explorer browser to compatibility mode while using MFMP applications. More information regarding recommended internet browser settings can be found by clicking In order to `Join' the MFMP Sourcing event vendors must: a) Have a current MFMP vendor registration within the MFMP VIP; and b) Select `Yes' to participate in electronic sourcing events in MFMP Sourcing. The MFMP Sourcing may be accessed using the following link: r nr r J.r a,,f ( �I . 2.2.3 MFMP Sourcing Posting Phase A solicitation formally begins when the Department posts a Notice in VBS and publishes an MFMP Sourcing event. Solicitations conducted in MFMP Sourcing exist in the following statuses: 2.2.3.1 `Preview' Status A solicitation is published as a `Public Event' in MFMP Sourcing and is initially in `Preview' status. When the solicitation is in `Preview' status, Vendors can view and download all information related to the solicitation and pose questions to the Procurement Officer in the `Messages' tab of the event. The solicitation remains in `Preview' status until the `Open' status begins. 2.2.3.2 `Open' Status The solicitation enters `Open' status on the date listed on the Timeline of Events. When a solicitation is in `Open' status, all Vendors who accepted the `Bidders Agreement' in MFMP Sourcing may submit bids until the Bid Due Date listed in the Timeline of Events. The solicitation remains in `Open' status until the Bid Due Date & Time listed in the Timeline of Events. 2.2.3.3 `Pending Selection' Status The solicitation enters `Pending Selection' status on the date listed on the Timeline of Events. When a solicitation is in `Pending Selection' status, vendors are no longer able to submit bids in accordance with the Timeline of Events. 2.2.3.4 `Completed/Awarded' Status The solicitation enters `Completed/Awarded' status after the Notice of Intent to Award has been published to the Vendor Bid System, in accordance with the Timeline of Events. This status indicates the MFMP Sourcing event has been completed and the term `Award' in MFMP Sourcing refers solely to system function. Page 56 of 74 7062 State Term Contract No. 44102100-17-1 Mail Processing Equipment 2.2.4 M1FM1P Training MFMP University offers vendor tnaining materials on the Depa�men�ovveboiha at: K8F_K8P_Url1v(�,'��11'1s]ty p[Ov|dSS @CCSSS to [SCO[dSd OO|iOS t[@iOiO0S OO @ v@[iSb/ of topics, including Vendor Registration and Selecting Commodity Codes. 2'2.5 M1FM1P Assistance Vendors that need assistance using yNFyNP may contact the yNFyNP Customer Service Desk od O[ (800) 352-3770. 2.2.6 Who May Respond Manufacturers in good standing with the State of Florida that meet the qualifications ofthe Scope of Work, and possess the financial capability, experience, and personnel resources to provide Commodities and services described in this |TB may respond to this bid. Please Note: There shall be only one bid per manufacturer. Manufacturers may use their distributor network to fulfill the requirements of the Contract. The manufacturer will be held accountable for performance under the Contract. The manufacturer may appoint a single dealer ordistributor as their representative in the solicitation and contract process as certified on the Manufacturer's Certified Representative Sheet. The servicing dealer will be fully responsible for the fulfillments of the Contract requirements. 2.2.7 Commitment to Diversity in Government Contracting The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by woman-, veteran-, and minority-owned business enterprises in the economic life of the state. The State of Florida Mentor Prot606 Program connects certified business enterprises with private corporations for business development mentoring. The Department strongly encourages firms doing business with the State of Florida to consider participating in this initiative. More information on the Mentor Prot6g6 Program may be obtained by COOt@{tiO0 the Office Of Supplier OivS[Sib/ at (850) 487-0915 or The Department supports diversity in its Procurement Program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State of Florida. The Bidder can contact the Office of Supplier Diversity at (850) 487-0915 for information on certified business enterprises that may be considered for subcontracting opportunities. 2.2.8 Mandatory Requirements or Conditions The Department has established certain requirements with respect to bids submitted to competitive solicitations. The use of''ohaU^. ''nnuot'. or"will" (except to indicate futurity) in this so|ioitadon, indicates a requirement or condition that is mandatory. Adeviodion from a mandatory requirement orcondition is material if, in the Department's sole diooretion, the deficient response is not in substantial accord with the solicitation requirements, provides an advantage to one Bidder over another, or has a potentially significant effect on the quality of the response oron the cost b» the Department. The words ''ohou|d^ or''mav^ in this solicitation indicate desirable attributes or conditions, but are permissive in nature. Page 57of74 7063 State Term Contract No. 44102100-17-1 Mail Processing Equipment 2.2.0 How to Submit a Bid Bidders will submit their bids electronically via MFMP Sourcing. Bidders shall enter all required attachments and documents electronically in the MFMP Sourcing application during this solicitation as indicated. The Department will only evaluate bids submitted using MFMP Sourcing. Mass produced general information/promotional material about the Bidder that is prepared/printed for general distribution is not permitted. The emphasis of each bid shall be on completeness and clarity of content, prepared simply and economically, providing a straightforward, concise delineation of the Bidder's capabilities to satisfy the requirements of this solicitation. By submitting a bid to this solicitation the Bidder agrees to and waives any objections to requirements contained in the solicitation. By submitting a bid the Bidder certifies that it agrees to and satisfies all criteria specified in this solicitation. Bidders that fail to submit all required information in MFMP Sourcing may not be deemed responsive. Bidders are responsible for submitting their bids in MFMP Sourcing by the date and time specified in the Timeline of Events of this solicitation. The Department will not consider late bids. 2.2.10 Contents of Bid Bidders shall submit all required attachments and documentation via the MFMP Sourcing application. Failure to submit all of the required attachments and documentation may result in a determination of Bidder non-responsiveness. Attachments submitted in MFMP Sourcing should be named similarly to the following file naming conventions: Example: JohnDoeLLC ExecutiveSummary.pdf JohnDoeLLC Attachment_A.pdf JohnDoeLLC Attach m ent_B.pdf JohnDoeLLC Attach ment_C.pdf JohnDoeLLC Attachment_D.pdf John DoeLLC_PriceSheet Excel (xlsx) 2.2.111 Required Attachments 2.2.11.1 References (Attachment B) Bidders shall download and complete Attachment B and upload within the MFMP Sourcing application. Bidder shall provide information for a minimum of three mail processing equipment contracts (excluding the Department of Management Services), that individually exceed $100,000.00 (annually), issued between July 1, 2011, and June 30, 2015. 2.2.11.2 Qualification Questions and Required Documents (Attachment C) Bidders shall download and complete Attachment C and upload within the MFMP Sourcing application. Bidders are to meet and respond to the qualifications in order to be considered responsive. The Department may not verify bids from Bidders who answer"No" to any of the Qualification Questions or do not provide all the required documentation. Page 58 of 74 7064 State Term Contract No. 44102100-17-1 Mail Processing Equipment 2.2.11.3 Price Sheet (Attachment D) Bidders shall download and complete Attachment D and upload within the MFMP Sourcing application. The Core Price Sheet lists thirty-six, forty-eight and sixty month lease terms. Bidders must submit pricing for all lease terms for each machine bid. Bidders may submit pricing for multiple machines within the same category. Bidders do not need to submit pricing for machines in all categories. All prices, shall be submitted as whole in U.S. Dollars ($USD; e.g., $99,999.00) and ranges shall not be accepted. Bidders are encouraged but are not required, to bid lease and purchase prices for additional equipment and supplies on Tab 2, "Non-Core Price Sheet' of Attachment D. This tab will not be considered in the award for this ITB. Refer to section 3.1 for further information. 2.2.11.4 Vendor Information Form (Attachment E) The Bidder shall download and complete Attachment E within the MFMP Sourcing application. 2.2.11.5 Ordering Instructions Form (Attachment F) The Bidder shall download and complete Attachment F and upload within the MFMP Souring application. 2.2.11.6 Certification of Drug-Free Workplace (Attachment G) The Bidder shall download and complete Attachment G and upload within the MFMP Sourcing application. 2.2.111.7 Savings/Price Reduction PUR 7064 (Attachment H) The Bidder shall download and complete Attachment H and upload within the MFMP Sourcing application to demonstrate the percent (%) savings in pricing offered compared to the MSRP List or other usual or customary prices that would be paid by the purchaser without the benefit of a contract resulting from this bid. 2.2.12 Additional Required Documentation 2.2.12.1 Registration with the Florida Department of State The Bidder shall include a PDF file of their current and active registration with the Department of State with their bid submittal. NOTE: Pursuant to section 607.1501, F.S., out-of-state corporations where required, must obtain a Florida Certificate of Authorization pursuant to section 607.1503, F.S., from the Florida Department of State, Division of Corporations, to transact business in the State of Florida. Website: www.sunbiz.org. 2.2.12.2 Florida Substitute Form W-9. All vendors must register and complete an electronic Florida Substitute Form W-9. The Internal Revenue Service (IRS) receives and validates the information vendors provide on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit: I�i�K�s://flvendor.mfloridacfo.com/ Page 59 of 74 7065 State Term Contract No. 44102100-17-1 Mail Processing Equipment 2.2.13 Additional Documentation 2.2.13.1 Manufacturer's Certified Representative Form (Attachment 1) If the Bidder is a servicing dealer then the bidder shall complete Attachment I and upload within the MFMP Souring application. 2.2.13.2 Out of State Preference Letter from Attorney (if applicable) Any Bidder who states that its "principal place of business" is outside of this state shall submit with its bid in accordance with section 287.084, Florida Statutes, a written opinion of an attorney at law, licensed to practice law in that foreign state, that contains information explaining the preferences, any or none, granted by the law of that state to its own business entities whose principal place(s) of business are in that foreign state in the letting of any or all public contracts. For the purpose of this ITB, "principal place of business" means the state in which the Bidder's high-level officers direct, control, and coordinate the Bidder's activities. 2.2.13.3 Preferred Pricing Affidavit (Attachment J) If awarded a contract, the Bidder agrees to submit the completed Preferred Pricing Affidavit to the Department at least annually. 2.2.13.4 Quarterly Sales Report (Attachment K) If awarded a contract, an authorized representative of the Bidder will be required to complete and submit a Quarterly Sales Report (Attachment K) to the Department's Contract Manager within ten business days after the close of each State Fiscal quarter (September 30, December 31, March 31, and June 30). 2.2.14 Basis for Award The Contract(s) shall be awarded to the responsive, responsible Bidder(s) with the lowest average monthly lease price for the initial and renewal terms. The Department intends to award up to four machines per category. The Department reserves the right to accept or reject any and all bids, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State's best interest. 2.2.15 Identical Bids In the event of identical bids where one or more of the Bidders can be awarded but not all, the Department will select a Bidder based on the criteria identified in Rule 60A-1.011, F.A.C. 2.2.16 Rejection of Bids Bids that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as non- responsive. Bidders whose bids, references, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of a contract may be rejected as not responsible. The Department reserves the right to determine which bids meet the requirements of this solicitation, and which bidders are responsive and responsible. 2.2.17 Minor Irregularities/Right to Reject The Department reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Department Page 60 of 74 7066 State Term Contract No. 44102100-17-1 Mail Processing Equipment determines that doing so shall serve the Department's best interests. The Department may reject any response not submitted in the manner specified by the solicitation documents. 2.2.18 Redacted Submissions The following section supplements section 19 of the PUR 1001. If Bidder considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, Bidder must mark the document as "Confidential" and simultaneously provide the Department with a separate redacted copy of its response and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department's solicitation name, number, and the Bidder's name on the cover, and shall be clearly titled "Redacted Copy." The Redacted Copy should only redact those portions of material that the Bidder claims is confidential, proprietary, trade secret or otherwise not subject to disclosure. In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution or other authority, to which documents that are marked as confidential are responsive, the Department will provide the Redacted Copy to the requestor. If a requestor asserts a right to the Confidential Information, the Department will notify the Bidder such an assertion has been made. It is the Bidder's responsibility to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of the Bidder in a legal proceeding, the Department shall give the Bidder prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable law). The Bidder shall be responsible for defending its determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. By submitting a bid, the Bidder agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Bidder's determination that the redacted portions of its bid are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Bidder fails to submit a redacted copy of information it claims is confidential, the Department is authorized to produce the entire documents, data, or records submitted to the Department in answer to a public records request for these records. 2.2.19 Additional Information By submitting a bid, Bidder certifies that it agrees to and satisfies all criteria specified in the ITB. The Department may request, and Bidder shall provide, additional supporting information or documentation. Failure to supply supporting information or documentation as required and requested may result in disqualification of the bid. Remainder of this page is left intentionally blank Page 61 of 74 7067 State Term Contract No. 44102100-17-1 Mail Processing Equipment 3 Scope of Work 3.1 Purpose The purpose of this State Term Contract is to provide state agencies and OEUs a vehicle to acquire mail processing equipment and related supplies and services. Core products offered under this Contract is the maintenance and lease of equipment, classified under the following categories: Category Specifications of Mailing Machine (All must include meter) Number 1 Mailing machine with capacity to meter between 15 and 20 LPM with minimum of 2 pound (lb) scale 2 Mailing machine with capacity to meter between 21 LPM and 50 LPM and with sealer, and differential weighing and minimum of 5 lb scale 3 Mailing machine with capacity to meter between 51 LPM and 100 LPM with sealer, differential weighing and minimum of 5 lb scale 4 Mailing machine with capacity to meter between 100 LPM and 179 LPM with sealer, differential weighing and minimum of 5 lb scale 5 Mailing machine with capacity to meter up to 179 LPM with sealer, differential weighing, dynamic scale and minimum of 5 lb scale 6 Mailing machine with capacity to meter 180 LPM with sealer, differential weighing, dynamic scale and minimum of 10 lb scale Non-core products offered under the Contract are the lease or purchase of equipment classified under the following categories: Inserters Openers Folders Folders-Inserters Supplies Mail Processing Equipment Accessories Mail Processing Equipment Software Only Mail Processing Equipment Accessories, Mail Processing Equipment Software and Supplies that have connectivity with an item(s) awarded on the core price sheet will be on the contract. The only non-core service the Department will consider is yearly maintenance for non- core products. The Department reserves the right to reject any and all items offered as a non- core product. 3.2 General Requirements 3.2.1 Commodity Standards All Commodities under this Contract shall conform with and be governed by all applicable current postal regulations and remain in compliance during the term of this Contract and until completion of any lease including maintenance or a separate maintenance agreement provided under this Contract. USPS regulations can be found in the Mailing Standards of the United States Postal Service Domestic Mail Manual: Commercial Mailing Service at: Iarxiri 1I1"i,. Page 62 of 74 7068 State Term Contract No. 44102100-17-1 Mail Processing Equipment If USPS requirements and standards change during the term of a lease, the Contractor shall modify the existing equipment or replace the existing equipment to meet the new USPS requirements at least ten business days prior to the USPS change. The modification or replacement of equipment shall be completed without cost to Customers. All Commodities offered under this Contract, except for postage meters, shall be new, unused, of current production and of the latest design and construction. Used, rebuilt, remanufactured, shopworn, demonstrator, discontinued or prototype items shall not be offered. Note: It is understood that some new machines are manufactured from new parts which contain some recycled raw materials or components but all Commodities are deemed "new" and are fully warranted against defect. Postage meters rented under this Contract are not required to be new and the Contractor is responsible for ensuring that they are in proper working order. The Department reserves the right to request technical literature on any item. 3.2.2 Pricing The Contractor shall adhere to the prices submitted in the ITB Price Sheet(s), which are incorporated by reference into the Contract. Lease prices shall remain firm throughout the lease period and shall include a full-service maintenance agreement for all equipment for the life of the lease. All prices shall be Free on Board (FOB) destination delivery, and include installation, warranty, rate change protection, on- site training and product manuals. 3.2.3 Recall(s) In the event there is a recall of any of the Commodities, the Contractor shall provide reasonable assistance to the Department in developing a recall strategy and shall cooperate with the Department and Customers in monitoring the recall operation and in preparing reports as may be required. Each Contractor shall, at the request of the Department and/or any Customer, provide all reasonable assistance in locating and recovering any recalled equipment that is not in accordance with the requirements of the Contract. Each Contractor shall immediately notify and provide copies to the Department of any communications relating to recalls with any Customer. The Contractor, at its own cost, shall ensure defective equipment and supplies are rectified, replaced or destroyed in compliance with all applicable laws, rules or regulations and the Department's reasonable instructions. 3.2.4 Contract Warranty Leased equipment shall be warranted for the life of the lease. Purchased equipment shall be warranted for a minimum of one year or the manufacturer's standard warranty, whichever is longer. The warranty period shall commence upon acceptance of equipment by the Customer as evidenced by a certificate of acceptance form. While a unit is under warranty, all Commodities must operate in accordance with the manufacturer's standard specifications. During the warranty period, the Contractor shall provide postage rate protection, software and firmware updates, and preventative maintenance services. During the warranty period, all defective or broken parts not caused by accident, neglect, misuse, or abuse shall be repaired or replaced and all necessary machine adjustments occasioned by such defective or broken parts shall be performed. All warranty services and products shall be provided at no cost to the Customer. Page 63 of 74 7069 State Term Contract No. 44102100-17-1 Mail Processing Equipment Service response time requirements during the warranty period shall be the arrival of a manufacturer-trained, certified technician on-site within four business hours after notification of a request for service. A telephone call, unless it results in solving the problem, shall not be deemed an acceptable service response. The warranty shall include all labor and transportation resulting from service calls. The Contractor shall maintain service facilities and qualified personnel to service all equipment in the State of Florida within the required four business hours response time for the life of the Contract. Each service facility must maintain a sufficient number of qualified technicians and supply of parts to provide all required services described in the Scope of Work for the life of the Contract. If, during the warranty period, malfunctioning equipment cannot be repaired within three business days after a request for service or in the case of excessive equipment down-time, the Contractor shall provide the Customer loaner equipment that meets or exceeds specifications of the Commodity covered by the warranty at no additional cost until the defective unit or entire system (Customer's choice) is replaced with new equipment. Excessive equipment down-time is defined as three or more service calls over a ninety day period for repairs to the same piece of equipment. The Contractor shall maintain a service log describing which services are performed for each call. The log shall contain, at a minimum, the machine serial number, location of equipment, date and time of each service call, the response time and the type of service performed. The service log shall be made available to the Customer and the Department, upon request. 3.2.5 Replacement Parts The Contractor shall utilize only factory authorized replacement parts for repair of equipment. Under no circumstances will the Customer deliver or mail equipment to the Contractor for repair. Replacement parts will be available for the life of the lease and for at least five years after a purchase. Replacement parts must be stocked at all service locations. 3.2.6 Customer Service and Administration The Contractor shall provide Customers all services during standard business hours, Monday through Friday, 8:OOAM (ET) through 5:OOPM (ET). The following days are observed as holidays by state agencies: • New Year's Day • Birthday of Dr. Martin Luther King, Jr. • Memorial Day • Independence Day • Labor Day • Veterans' Day • Thanksgiving Day • Friday after Thanksgiving • Christmas Day If the actual holiday falls on a Saturday, the preceding Friday is observed as a holiday. When a holiday falls on Sunday, the following Monday is observed as a holiday. Page 64 of 74 7070 State Term Contract No. 44102100-17-1 Mail Processing Equipment The Contractor shall have a single point of contact to serve as Contract Manager as listed on the Vendor Information Form. The Contract Manager may support multiple Customers and must respond to Customer calls and/or emails within twenty-four hours. The Contract Manager must be able to provide or arrange for all aspects of Customer support and problem resolutions. Back-up coverage must be provided by an equally knowledgeable person if the Contract Manager is not able to be reached. In addition to a dedicated Contract Manager, the Contractor shall provide toll-free Customer service phone support from 8:00 AM (ET) to 5:00 PM (ET) Monday through Friday, except for National and State recognized holidays. TDD (Telecommunication Device for the Deaf) access must be made available during the above named Customer service operating hours. 3.2.7 Routine Communications All routine communications and reports related to this STC shall be sent to the Department's Contract Manager. If any information listed on the Vendor Information Form changes during the life of the Contract, then the Contractor shall update the Vendor Information Form and submit to the Department's Contract Manager. Communications relating to a specific order should be addressed to the contact person identified on the order. Communications may be by e-mail, regular mail, or telephone. 3.2.8 Quote Form Upon the Customer's request, the Contractor will provide a price quote within three business days. The Contractor agrees that quotes will be according to the prices, discounts, requirements, specifications, terms, and conditions of the Contract. 3.2.9 Orders There shall be no minimum order amount required under this Contract. The Contractor is required to honor Contract pricing for all orders that are placed prior to the date of expiration of the Contract. 3.2.10 Invoices Invoices must clearly identify the contract number, purchase order number if applicable, equipment serial number, remittance address, Customer name, location of equipment, billing period and total cost. The Contractor must provide in-house financing for leases. Third party billing providers/finance companies shall not be authorized for use. 3.2.11 Payments Payment terms for each lease will be in arrears and may be monthly or quarterly at the ordering entity's option. Payment for purchased equipment will be processed upon the satisfactory completion of delivery, installation, training and acceptance. Payment terms for separate maintenance agreements will be agreed upon by the Contractor and Customer. State agencies are required to obtain approval from the Department of Financial Services prior to agreeing to an advance payment in the amount of Category Two (currently $35,000) or more. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. 3.2.12 Purchasing Card The State of Florida has implemented a purchasing card program, using the Visa platform. Respondents may receive payments via the state's Purchasing Card in the same manner as Page 65 of 74 7071 State Term Contract No. 44102100-17-1 Mail Processing Equipment any other Visa purchases. Purchasing Card/Visa acceptance for purchase is a mandatory requirement for this solicitation but is not the exclusive method of payment. If the state changes its Purchasing Card platform during the term of Contract resulting from the ITB, the Contractor shall make any necessary changes to accommodate the states new Purchasing Card platform within 30 days of notification of such change. 3.2.13 Returns Commodities that are returned due to Contractor error, shall be returned at the Contractor's expense. The Contractor shall make arrangements to remove the returned Commodities from the Customer's premises within seven calendar days after notification. Regularly stocked Commodities that are returned due to Customer error shall be returned at the Customer's expense without incurring re-stocking fees if returned in original packaging within thirty calendar days. 3.2.14 Postage Account Requirements The Contractor shall provide a no-cost option to refill postage meters. The Contractor shall provide postage account information within seven business days after an order for a postage meter is placed. 3.2.15 Delivery The Contract shall include delivery to the Customer, F.O.B. destination freight prepaid. Delivery shall be within thirty calendar days after receipt of order for standard "in-stock" equipment and within ninety calendar after receipt of special orders. The Contractor shall notify the Customer at least seventy-two hours in advance of delivery for equipment. The Contractor shall be responsible for any damage to buildings or individuals as a result of delivery and installation. The Contractor shall notify the Customer of any potential delivery delays within five business days after receiving a purchase order. Evidence of inability to deliver within required times or of intentional delays shall be cause for Contract cancellation and/or Contractor suspension. 3.2.16 Installation Contract prices for the purchase or lease of new equipment shall include full installation, making equipment ready for use, and removal of all packaging debris. Installation shall include the manufacturer's start-up supplies required for the machine to be fully operational including but not limited to ink, sealant and labels. 3.2.17 Training Contract prices for the purchase or lease of new equipment shall include on-site training for Customers. The Contractor shall provide a minimum of four hours of on-site training for standard equipment in order to adequately instruct Customers in the use of the equipment. Training will be performed after installation and prior to actual operation and acceptance. If requested by the Customer, the Contractor shall provide additional on-site training as needed. 3.2.18 Certificate of Acceptance Form Upon successful installation of equipment and the minimum on-site training for Customers, the Contractor shall provide a certificate of acceptance form to the Customer. The serial number of the main base unit will be the primary serial number used to identify mail processing equipment. Page 66 of 74 7072 State Term Contract No. 44102100-17-1 Mail Processing Equipment 3.2.10 Equipment Manual Each machine purchased or leased shall come with one user manual unless the manual is available on the Contractor's or Manufacturer's website. If the manual is available on the Contractor's or Manufacturer's website, the Contractor will direct the requesting Customer to the specific website location. The manual is to include operating instructions, safety precautions and proper preventative and remedial maintenance for the equipment. 3.2.20 Punch-Out Catalog and Electronic Invoicing At the State's option, the Contractor may be required to provide an MFMP punch-out catalog. The punch-out catalog provides an alternative mechanism for suppliers to offer the State of Florida access to products awarded under the Contract. The punch-out catalog also allows for direct communication between the MFMP eProcurement System and a supplier's ERP system, which can reflect real-time product inventory/availability information. Through utilization of the punch-out catalog model, a Florida buyer will "punch out" to a supplier's website. Using the search tools on the supplier's Florida punch-out catalog site, the user selects the desired products and services. When complete, the user exits the supplier's punch-out catalog site and the shopping cart (full of products and services) is "brought back" to MFMP. No orders are sent to a supplier when the user exits the supplier's punch-out catalog site. Instead, the chosen products and services are "brought back" to MFMP as Contract line items. The user can then proceed through the normal workflow steps, which may include adding/editing the items to a requisition or a purchase order. An order is not submitted to a supplier until the buyer actually adds the line items to a requisition and the purchase order is approved and sent to the supplier. At the State's option, the Contractor may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Electronic invoices may be required to be submitted to the agency through the Ariba Network (AN) in one of three mechanisms as listed below. Contractors may select the method that best meets their capabilities from the following list: • cXML (commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the ASN for catalog and non-catalog products and services. The cXML format is the Ariba preferred method for elnvoicing. • EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the ASN for catalog and non-catalog products and services. • PO Flip via ASN The online process allows suppliers to submit invoices via the ASN for catalog and non- catalog products and services. Suppliers have the ability to create an invoice directly from their Inbox in their ASN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. Page 67 of 74 7073 State Term Contract No. 44102100-17-1 Mail Processing Equipment For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the state and the third party provider of MFMP, a state Contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. The Contractor will work with the MFMP management team to obtain specific requirements for the punch-out catalog and electronic invoicing. 3.2.21 Performance Bond If deemed necessary, the Customer may require the Contractor to furnish (without additional cost) a performance bond, a negotiable irrevocable letter of credit or other form of security for the faithful performance of work. Determination of the appropriateness and amount of any bond requirement, is the sole responsibility, and at the sole discretion, of the Customer. 3.2.22 Contract Reporting The Contractor shall report information on orders received from state agencies and OEUs associated with this contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due date (s) MFMP Transaction Report Calendar month 10 business days after close of the period Contract Quarterly Sales State Fiscal Quarter 10 business Report days after close of the period Savings / Price Reductions Required whenever prices 10 business are established adjusted days after each action that adjusts prices Diversity Report State Fiscal Year 10 business [submitted to the Customer days after close (ordering entity)] of the period Preferred Pricing Affidavit Annual Contract anniversary date Proof of Insurance Annual Upon policy renewal. 3.2.22.1 MFMP Transaction Fee Reports The Contractor is required to submit monthly Transaction Fee Reports in electronic format. Reports are due ten (10) working days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting Page 68 of 74 7074 State Term Contract No. 44102100-17-1 Mail Processing Equipment instructions and Bidder training presentations available online at the Transaction Fee Reporting and Bidder Training subsections under Bidders on the MFMP website: MFMP Transaction Fee and Reporting. Assistance is also available with the Transaction Fee Reporting System from the MFMP Customer Service Desk by email at fr f 2 < <, 17���r�ti or telephone 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. 3.2.22.2 Contract Quarterly Sales Report (Attachment K) The Contractor agrees to submit a Quarterly Sales Report (Attachment K) to the DMS Contract Manager within ten working business days after the close of each State Fiscal quarter (September 30, December 31, March 31, and June 30). Quarterly Reporting periods should coincide with the contract term and should begin the quarter following contract execution. Reports must be submitted in MS Excel format. The report will include all sales (orders) from State Agency and Other Eligible Users received (associated with this contract) during the period. Initiation and submission of the Quarterly Report is the responsibility of the Contractor without prompting or notification from the DMS Contract Manager. If no orders are received during the period, the contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, the Contract may be terminated for convenience or the Department may choose to not renew the Contract. In addition, the Department may require additional Contract sales information such as copies of purchase orders, or ad hoc sales reports. The Contractor shall submit these specific ad hoc requests within the specified amount of time as requested by the Department. 3.2.22.3 Diversity Reporting The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority, women, and veteran owned business enterprises in the economic life of the State. The State of Florida Mentor Protege Program connects minority-, women-, and veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protege Program, please contact the Office of Supplier Diversity at (850) 487-0915 or email: o.sdhe.1.j�, ,irm„, irm„�„r,11 irii, , irm„. The Contractor shall report to each Customer (ordering entity)„ spend with certified and other minority business enterprises. These reports shall include the period covered, the name, minority code and Federal Employer Identification Number of each minority business utilized during the period, Commodities and services provided by the minority business enterprise, and the amount paid to each minority business on behalf of each purchasing agency ordering under the terms of this Contract. 3.2.22.4 Preferred Pricing Affidavit (Attachment J) The Contractor is required and agrees to complete and submit the completed Preferred Pricing Affidavit to the Department at least annually, attesting that the Contractor is in compliance with the best pricing provision section of the General Contract Conditions. Page 69 of 74 7075 State Term Contract No. 44102100-17-1 Mail Processing Equipment 3.2.22.5 Ad-hoc Reports The Contractor is required to submit ad hoc reports within the specified amount of time as requested by the Department. 3.2.23 Business Review Meetings In order to maintain the partnership between the Department and the Contractor, each quarter the Department may request a business review meeting. The business review meeting may include, but is not limited to, the following: • Successful completion of deliverables • Review of Contractor's performance • Review of minimum required reports • Addressing of any elevated Customer issues • Review of continuous improvement ideas that may help lower total costs and/or improve business efficiencies. 3.2.24 Financial Consequences Failure to provide service to all specified areas within the required service response time will result in the following Financial Consequences: First Financial Second Third Financial Type Requirement Consequence Financial Consequence Consequence Service call for 4 business $100 $250 $500 repair Hours 10 business Equipment not days after $100 $200 $300 picked up lease expiration Machine replacement with 3 business new or loaner Days $250 per day $500 per day $1000 per day equipment if repair is not available The Department and Customers reserve the right to withhold payment or implement other appropriate remedies, such as Contract termination or non-renewal, when the Contractor has failed to perform/comply with the provisions of the Contract. 3.2.25 Lease Agreements The Customer may enter into a lease agreement by the issuance of an order. Customers are not required to sign the Contractor's lease agreement form. In the event an additional agreement is signed by a Customer in error, it will be considered void and non-binding to the Customer. Prior to entering into a lease in excess of the annual Category Two threshold, state agencies must submit a completed "Checklist for Requesting Department of Financial Services Approval to Lease Equipment (ref. �� r r�lG.or�.a��.``�.��.�.�,.r,� �.��`����.��,,)" to the Department of Financial ,�., Page 70 of 74 7076 State Term Contract No. 44102100-17-1 Mail Processing Equipment Services for preapprova|. This form is located at: C State agencies shall review the Comptrollers latest memorandum addressing leases and installment purchase of equipment when considering the leasing of equipment. 3.2.26.1 Available Lease Periods: i3-YearLease: A thirty-six month consecutive equipment plan which shall expire at the end of the thirty-six month period. ii4-YearLease: Afortv-ei0ht month consecutive equipment plan which shall expire at the end of the forty-eight month period. iii5-YearLease: A sixty month consecutive equipment plan which shall expire at the end of the sixty month period. Lease agreements shall expire upon completion of the specified lease period and shall not be automatically renewed. No termination notice shall be required bv either party at the end ofthe lease. All equipment shall be removed from the Customer's location within ten business days after the expiration of the lease by the Contractor or the Contractor's representative. All equipment removals shall be coordinated with Customer, and at no costs to the Customer. The Customer is in no way liable or required to mail, freight or transport any equipment at the end of the lease. It shall be the Contractor's responsibility to physically remove any and all equipment from the Customer's location. 3.2'25.2 Renewal of Lease and Maintenance Agreements Upon mutual agreement of the Customer and Contractor, a lease or separate maintenance agreement may be extended or renewed during the term of the Contract. Any leases that are in excess of$35,000 in annual total value will require Department of Financial Services approval (state agencies only) prior to execution of a new lease agreement, as per Chapter 287.003(2)(a). Florida Statutes. 3.2'25'3 Purchase ofLeased Equipment Purchase of leased equipment by Customers is permitted under this Contract. 3.2.25.4 Lease Cancellation for Convenience The initial lease agreement may be cancelled at any time during the lease period by the Customer. An 18O day cancellation notice will be required of the Customer inwriting. The equipment will be returned to the Contractor with transportation and any removal charges paid by the Customer with no additional payments due from the Customer. Page 71of74 7077 State Term Contract No. 44102100-17-1 Mail Processing Equipment 3.2.25.5 Lease Cancellation for Non-Performance Lease agreements may be cancelled during the lease period for non-performance related issues. If the Customer requests removal of leased equipment, the Contractor will cancel the lease effective immediately with no additional payments due from the Customer. Equipment will be removed from the Customer site within ten business days of such written notice at no cost to the Customer. 3.2.25.6 Leased Equipment Risk of Loss or Damage Upon acceptance of equipment, the Customer shall be responsible for ensuring all leased equipment from the risk of loss or damage for the life of the lease. 3.2.26 Price Adjustments Prices may be adjusted twice during the initial term and twice during the renewal term based on the percent change (up or down) of the Producers Price Index (PPI). Price adjustments correlate with the PPI Series ID PCU3333183333183A, Other Commercial and Service Industry Machinery Manufacturers, Mailing, Letter handling, and addressing machines, except parts and attachments as published by the Bureau of Labor Statistics, in the Department of Labor, Washington, DC 20212. These reports are accessible at the following website: http://www.bls.gov/data/. When requesting a price increase, the Contractor may submit a justification in writing to the Contract Manager detailing the reasons for the price adjustment request and demonstrating the calculable change in PPI that supports a price adjustment. The requested adjustment for a price increase may not exceed the percentage change of the PPI the preceding twelve months prior to the adjustment. The Department reserves the exclusive right to accept or reject any request for a price adjustment. Price adjustments may be effective only upon written approval by the Department and may not be applied retroactively. The Department reserves the right to request price decreases at any time during the term of the Contract if it's found to be in the best interest of the State. 3.2.27 Product Adjustments Requested product changes due to model upgrades must be approved by the Department and added to the contract before being offered to Customers. 3.2.28 Survivability Lease agreements and the terms of this Contract under which those lease agreements were made during the term of the Contract will survive the term of the Contract through to the completion of the term of the Lease. 3.2.29 Environmental Considerations The State supports and encourages initiatives to protect and preserve our environment. The Contractor shall have a plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Contractor shall also provide a plan for reduction and / or handling of any hazardous waste generated by the Contractor's company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold have a valid and current Hazardous Waste Generator Page 72 of 74 7078 State Term Contract No. 44102100-17-1 Mail Processing Equipment Identification Number. This identification number shall be provided as part of the Contractor's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste. In its plan, the Contractor shall describe what efforts the Contractor's company will take to encourage the participation and support of these and other environmental programs and reduce the impact of purchasing mail processing equipment in the State of Florida. If applicable, the Contractor shall include its plans for utilizing reusable totes for delivery, reduced packaging programs, use of alternative fuel or higher fuel efficient delivery vehicles, programs to reduce vehicle miles through order consolidations/ incentives, user education programs for more environmental friendly products and product take-back programs. 3.2.30 Location and Moving of Leased Equipment The Customer shall notify the Contractor any time leased equipment is relocated to another location. Relocation of leased equipment within the same building shall be performed by the Contractor at no charge. Relocation of leased equipment within the same complex shall be done at no charge unless equipment must be moved by vehicle to another building and then a standard industry charge is allowed. 3.2.31 Option to Purchase The option to purchase instead of leasing equipment is permitted under with this Contract. Postage meters may only be rented. 3.2.32 Optional Related Accessories and Supplies The Customer may purchase equipment without optional related accessories, or may choose to purchase any individual or combination of machines, accessories, supplies or software offered on the non-core price sheet under the terms of this Contract. 3.2.33 Other Fees and Charges Additional fees including but not limited to, property taxes, delivery charges, pick-up charges, fuel surcharges, interest fees, late payment fees (if paid within thirty days of the invoice date), or removal charges are not permitted under this Contract. Remainder of this page is left intentionally blank Page 73 of 74 7079 State Term Contract No. 44102100-17-1 Mail Processing Equipment 4 List of Attachments Attachment A Timeline of Events Attachment B References Attachment C Qualification Questions and Required Documents Attachment D Price Sheet Attachment E Vendor Information Form Attachment F Ordering Instructions Form Attachment G Certification of Drug-Free Workplace Attachment H Savings/Price Reduction PUR 7064 Attachment I Manufacturer's Certified Representative Form Attachment J Preferred Pricing Affidavit Attachment K Quarterly Sales Report Attachment L Draft Contract Attachment M General Contract Conditions Page 74 of 74 7080 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 Department of MANAGEMENT SERVICES I We serve those who serve Florida AMENDMENT NO.: 2 Contract Renewal Contract No.: 44102100-17-1 Contract Name: Mail Processing Equipment This Amendment ("Amendment"), effective as of February 20, 2022, to the Mail Processing Equipment Contract No. 44102100-17-1 ("Contract"), is between the State of Florida, Department of Management Services("Department")and Pitney Bowes Inc. ("Contractor'), collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS,the Department awarded the above-referenced Contract to Pitney Bowes Inc. for the provisions of mail processing equipment; WHEREAS,the Parties agreed that the Contract may be amended by mutual agreement as provided in the "Renewal Term" section of the Contract; WHEREAS,the Parties executed the first Amendmentto the Contract on September 23, 2021; WHEREAS,the Parties agree to renew the Contract as provided in the Renewal Term section of the Contract. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. Contract Amendment. a) Contract Exhibit D,Additional Special Contract Conditions, is hereby added in its entirety and incorporated into the Contract by reference herein. b) Contract Exhibit A, General Contract Conditions, is hereby deleted and replaced in its entirety with the attached Exhibit A, Special Contract Conditions, which is incorporated into the Contract by reference herein. Any and all references in the Contract to the General Contract Conditions shall, upon the amendment effective date, be a reference to the attached and incorporated Exhibit A, Special Contract Conditions. c) Contract Exhibit C, Price Sheet, is hereby deleted and replaced in its entirety with the attached Exhibit C, Price Sheet, which is incorporated into the Contract by reference herein. d) Section III of the Contract is hereby deleted and replaced with the following: Mail Processing Equipment Page 1 of 3 State Term Contract No.: 44102100-17-1 7081 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 Department of MANAGEMENT SERVICES I We serve those who serve Florida AMENDMENT NO.: 2 Contract Renewal Contract No.: 44102100-17-1 Contract Name: Mail Processing Equipment III. Contract As used in this document, "Contract' (whether or not capitalized) shall, unless the context requires otherwise, include this document and all incorporated Exhibits, which set forth the entire understanding of the Parties and supersedes all prior agreements. All modifications to this Contract must be in writing and signed by all Parties. All Exhibits attached and listed below are incorporated in their entirety into, and form part of this Contract. The Contract Exhibits shall have priority in the order listed: a) Exhibit D: Additional Special Contract Conditions b) Exhibit A: Special Contract Conditions c) Exhibit B: ITB 22-44102100-Z and any addenda in reverse order of issuance d) Exhibit C: Price Sheet II. Contract Renewal. Pursuant to the Renewal Term section of the Contract,the State Term Contract No.44102100-17-1 is renewed for a period of five years with a new contract expiration date of February 19, 2027, under the same terms and conditions, except as amended herein. III. Conflict. To the extent any of the terms of this Amendment conflictwith the terms of the Contract, the terms of this Amendment shall control. IV. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. V. Effect. This Amendment and all its Exhibitis are hereby made a part of the Contract. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. IN WITNESS THEREOF,the Parties hereto have caused this Amendment,which includes the attached and incorporated Exhibits, to be executed by their undersigned officials as duly authorized. This Amendment is not valid and binding until signed and dated by the Parties. Mail Processing Equipment Page 2 of 3 State Term Contract No.: 44102100-17-1 7082 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 Department of MANAGEMENT SERVICES I We serve those who serve Florida AMENDMENT NO.: 2 Contract Renewal Contract No.: 44102100-17-1 Contract Name: Mail Processing Equipment State of Florida: Contractor: Department of Management Services Pitney Bowes Inc. By: By: Name: J.Todd Inman Name: Dean Merriott Title: Secretary Title: Major Account Manager Date: Date: Mail Processing Equipment Page 3 of 3 State Term Contract No.: 44102100-17-1 7083 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 Department MANAGEiEEST SERVICES We serve those who serve Florida AMENDMENT NO.:2 Contract Renewal Contract No.: 44102100-17-1 Contract Name:Mail Processing Equipment State of Florida:A Contractor: Department of agement Services Pitney Bowes Inc. By: ._..._.. �.�. � _ BY: .. , .. . Name J.Todd Inman Name: Dean Merriott Title: ,Secretary Title: Major Account Manager Date: Date: 12/02/2021 Mail Processing Equipment Page 3 of 3 State Term Contract No.: 441 021 00-1 7-1 7084 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 Department of ME T MANAGE 7 NJ SERVICES We serve those who serve Florida EXHIBIT D ADDITIONAL SPECIAL CONTRACT CONDITIONS A. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following: 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(14), F.S. 2.3.1 Suspension of Work. For purchases only, the Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. For leases only, any suspension of work shall be in accordance with Amendment 1, of this Contract. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliancewith the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and allow Contractor 30 calendar days to correct such noncompliance for default before the Contract is terminated; or (c) take other action deemed appropriate by the Department. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must 1 7085 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a)- (c)and (g), F.S., are hereby incorporated by reference. Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing information relevant to performance of the Contractor purchase order to members or staff of the Florida Senate or Florida House of Representatives. Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and ensure a representative will be available to, a continuing oversight team. The Contractor will comply with all applicable disclosure requirements set forth in section 286.101, F.S. In the event the Department of Financial Services issues the Contractor a final order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the Contractor shall immediately notify the Department and applicable Customers and shall be disqualified from Contract eligibility. 5.4 Convicted, Discriminatory,Antitrust Violator, and Suspended Vendor Lists. In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractorwill retain such recordsforthe longer of fiveyears afterthe expiration ortermination of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 7086 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers,employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer shall provide the Contractor (1)written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F.S., made or received by the Contractor in conjunction with the Contract unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT , (850) 487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE, FLORIDA 32399-0950. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2)7 F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 7087 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract,transfer, at no cost,to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. SECTION 9. DATA SECURITY The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. Unless otherwise agreed in writing, the Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within 48 hours. "Security breach"for purposes of this section will referto a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract(e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor,then the Department or Customer will notify the Contractor. The correction must be made within 30 calendar days. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 7088 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer,and the Office of the Auditor General shall also have authority to perform audits and inspections. 13.2 E-Verify. The Contractor and its subcontractors have an obligation to utilize the U.S. Department of Homeland Security's(DHS) E-Verify system for all newly hired employees in accordancewith section 448.095, F.S. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S. The Contractor must obtain an affidavitfrom its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. The Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department's Contract Manager within five days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department's obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one year after the date of such termination. The Department will promptly notify the Contractor and order the immediate termination of the contract between the Contractor and a subcontractor performing work on its behalf for this Contract should the Department have a good faith belief that the subcontractor has knowingly violated section 448.09(1), F.S. B. Special Contract Conditions additions: the following subsection is added to the Special Contract Conditions: 12.3 Document Inspection. In accordance with section 216.1366, F.S., the Department or a state agency is authorized to inspect the: (a) financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of the Contractor which the Department or state agency determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department or a state agency within 10 Business Days after the request is made. C. Special Contract Conditions deletions: the following subsections are deleted in their entirety from the Special Contract Conditions: 3.2.2 Preferred Pricing. Intentionally left blank. 7.2 General Liability Insurance. Intentionally left blank. Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 7089 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 7.4 Performance Bond. Intentionally left blank. Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 7090 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION...........................................................................................................................2 SECTION 2. CONTRACT TERM AND TERMINATION.................................................................................2 SECTION 3. PAYMENT AND FEES.............................................................................................................3 SECTION 4. CONTRACT MANAGEMENT..................................................................................................4 SECTION 5. COMPLIANCE WITH LAWS....................................................................................................6 SECTION 6. MISCELLANEOUS..................................................................................................................7 SECTION 7. LIABILITY AND INSURANCE........................................................................................................... 9 SECTION 8. PUBLIC RECORDS,TRADE SECRETS, DOCUMENT MANAGEMENT,AND INTELLECTUAL PROPERTY..............................................................................................................................................10 SECTION 9. DATA SECURITY..................................................................................................................12 SECTION 10.GRATUITIES, LOBBYING,AND COMMUNICATIONS..........................................................13 SECTION 11.CONTRACT MONITORING. ...............................................................................................14 SECTION 12. CONTRACT AUDITS...........................................................................................................15 SECTION 13. BACKGROUND SCREENING AND SECURITY......................................................................16 SECTION 14.WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM....................................................17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. SP approved version 7-1-2019 1 7091 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. SP approved version 7-1-2019 2 7092 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor's pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor's authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract's term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor's performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. SP approved version 7-1-2019 3 7093 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, who is primarily responsible for the Department's oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department's Contract Manager Name SP approved version 7-1-2019 4 7094 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 Department's Name Department's Physical Address Department's Telephone# Department's Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor's Contract Manager. The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor's Contract Manager Name Contractor's Name Contractor's Physical Address Contractor's Telephone# Contractor's Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; SP approved version 7-1-2019 5 7095 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at lip,tt11�,.................................................w,,,,!r ,a; , !2ff1, irii, ,,,,,q!g, 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers Is available at SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. SP approved version 7-1-2019 6 7096 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The SP approved version 7-1-2019 7 7097 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. SP approved version 7-1-2019 8 7098 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers' Compensation Insurance. The Contractor shall maintain workers' compensation insurance as required under the Florida Workers' Compensation Law or the workers' compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers' compensation insurance for all of the latter's employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers' Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. SP approved version 7-1-2019 9 7099 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. SP approved version 7-1-2019 10 7100 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be SP approved version 7-1-2019 11 7101 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State's Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. SP approved version 7-1-2019 12 7102 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor's action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. "Security breach" for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer's or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor's promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. SP approved version 7-1-2019 13 7103 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department's delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. SP approved version 7-1-2019 14 7104 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor's reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. SP approved version 7-1-2019 15 7105 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida's Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor's employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; SP approved version 7-1-2019 16 7106 DocuSign Envelope ID:C429467A-F8DC-4B9C-BD6A-CC460142A924 (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; 0) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. SP approved version 7-1-2019 17 7107 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000,00 and Under Sports Surfac8s,LL Contract 4 Effective Date: ,July 31,20,25 Expiration Date: Sept 34,2026 Contract Purpose/Description: Resurfacing of twtis tennis courts at Key Largo Perk,resurfacing of two tennis courts at Bay Point Park with the conversion of one court into a pickleball courts: and the resurfacing of one basketball tlourt at Friendship Park with rein of roots. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager. Tammy Acevedo 8776 Parks & Beaches/Stop #26 CONTRACT COSTS Total Dollar Value of Contract: $ 51,40,0.00 Current Year Portion: $ (must be$100,000.00 or less) (If multiyear agreement then requires Bil approval,unless the gostfd ataeo koa ,vr,aladlN Ld "MN1w'hlw'h,'hlw'h„� d ,,,o Budgeted? Yes❑ Nil Grant: $ County Match: $ '0.0,0 Fund/Cost Center/Spend Cate 205033 00033 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES (]NO (] CONTRACT REVIEW Reviewer Date In Department Head Signature: John Allen Dateig 2025.07.24ly signed Jahn Allen-0 Data:2o2s.o72a 19:2s.36-oa•oo• Ana Walter Digitally signed by Ana Palter County Attorney Signature: Date:2025.07.250656:38-0a00 7� Gaelan P Jones Digitally signed by Gae'an P Jones Risk Management Signature: Date:2025.072508:56:17-ga•44• lbreu Purchasing Signature: Lisa Abreu Digitally 20250804igried yLisa A7-0 Dace:zozs 08 0a 1 s 3a n-ga 00 Andrew Roltsch Digitally signed by Andrew Roltsch OMB Signature: Date:2025 08.05 0823:39-0a•00• Comments: Revised BOCC 4/19/2023 Page 84 of 105 7108 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the July , 2025 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Sports Surfaces, LLC 7011 Wilson Rd. West Palm Beach FI. 33413 For the following Project: Resurfacing of Two Tennis Courts located at: Key Largo Park, 500 St. Croix Place, Key largo FL 33037 And One Basketball Court located at: Friendship Park, 39 Hibiscus Lane, Key Largo FL 33037 And Two Tennis Courts located at: Bay Pointe Park, 5A E Circle Drive, Key West, FL 33040 Page 1 of 26 7109 Scope of the Work The Scope of Work shall include, but not be limited to all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Scope of work shall include the following: 1. The Contractor shall obtain all necessary permits, including any fees, as a part of the Proposal. 2. The Contractor shall provide labor, equipment, and all of the needed materials and hardware to complete the project and properly dispose of debris. See General Conditions. 3. The Contractor shall provide storage containers for material, as needed. 4. The Contractor shall provide necessary waste disposal and daily clean up. 5. The Contractor shall provide adequate security to protect delivered products from theft, vandalism, or damage during the installation. 6. Installation shall commence upon delivery and proceed without interruption until complete. Contractor Responsibilities: A) The Contractor shall coordinate all activities with the Monroe County Parks and Beaches Department and maintain construction confined to the work site to ensure the remainder of the park can remain safely open to the public during the term of this contract. Contact: Tammy Acevedo at 305-453-8776 B) The Contractor is required to provide protection for all existing surfaces including, but not limited to: i. Courts, Playground and Bleachers ii. Existing fencing and building iii. Vehicles and Personal Property iv. Landscaping C) The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. D) The Contractor shall load, haul, and properly dispose of all construction debris and materials. E) The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. F) The Contractor shall furnish all required work site safety equipment. Page 2 of 26 7110 G) The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. H) Construction work times shall be limited to: Times specified by Monroe County Parks and Beaches 1) All materials must be approved by submittal prior to commencement of work. J) The Contractor needs to be aware of weather and location and plan accordingly. K) The Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. Q The Contractor shall provide a safety lift plan for any crane/hoist work. M) If applicable, Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment. N) The Contractor shall provide a schedule for all phases of the project. O) The Contractor shall coordinate all activities with concurrent site work being performed, if any. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Specifications, and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 10. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Thirty (30) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Page 3 of 26 7111 Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Parks and Beaches signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Fifty One Thousand, Four Hundred, and 00/100 Dollars ($51,400), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A ARTICLE 5 Progress Payments [Not Used] Page 4 of 26 7112 ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Parks and Beaches. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (Samples in Section 01027, Application for Payment) are required for Final Payment: A. Warranties and guarantees. C. Spare parts and maintenance materials. D. Proof of permit closure. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: Page 5 of 26 7113 a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or in accordance with the State of Florida retention schedules (https:Hdos.fl.gov/library-archives/records- management/general-records-schedules/), whichever is greater. . Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. b) Right to Audit (Availability of Records). The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk")to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. c) Governing Law, Venue, and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie exclusively with the appropriate court, or before the appropriate administrative body, in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Page 6 of 26 7114 d) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person)shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. e) Attorney's Fees and Costs. The County and Contractor agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and courts costs in appellate proceedings. f) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. g) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. h) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. i) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 9 concerning termination or cancellation. j) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. k) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement Page 7 of 26 7115 automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4)The Age Discrimination Act of 1975, as amended (42 USC§§ 6101- 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC § 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired Page 8 of 26 7116 about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The Contractorwill furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. I) Covenant of No Interest. The County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Page 9 of 26 7117 m) Code of Ethics. The County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. n) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o) Employment or Retention of Former County Officers or Employees. The Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. p) Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. a. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. b. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. Page 10 of 26 7118 (2) Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT PHONE NO.: (305) 292-3470, PUBLICRECORDS@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. q) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of Page 11 of 26 7119 liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. r) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. s) Legal Obligations and Responsibilities: This Agreement is not intended to relieve, nor shall it be construed as relieving, any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. t) Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended to authorize, nor shall it be construed as authorizing, the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. u) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. v) Attestations. The Contractor agrees to execute such documents as the County may reasonably require, to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, a Vendor Certification Regarding Scrutinized Businesses, and an Affidavit Attesting to Noncoercive Conduct for Labor. w) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. x) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. If any signature is delivered by email delivery of a".pdf'format data file, such signature will create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if the ".pdf' signature was an original signature. The Contractor's transmitting an electronic signature will provide the inked original to the County, at the County's request. Page 12 of 26 7120 y) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, and/or to the fullest extent permitted by law, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. z) In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. aa) The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. bb) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the COUNTY as additional insured. cc) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find the Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. dd) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status Page 13 of 26 7121 of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. ee) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. ff) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. gg) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery and delivery pre-paid. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Sport Surfaces, LLC. 7011 Wilson Rd. West Palm Beach, FL 33413 For Owner: Director of Parks and Beaches Assistant County Administrator 2798 Overseas Hwy, Suite 400 1100 Simonton St. Suite 2-205 Key West, Florida 33040 Key West, Florida 33040 County Attorney 1111 12th Street, Suite 408 Key West, Florida 33040 Page 14 of 26 7122 ARTICLE 8 Insurance 8.1 The Contractor shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. 8.3 Contractor shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440, Florida Statutes. B. Employers' Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive Business Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage or$100,000 combined single limit. (The use of VI-1 should be limited to special projects that involve other governmental entities or "Not for Profit' organizations. Risk Management must approve the use of this form). D. Commercial General Liability Insurance, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Contractor or any of its employees, agents or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit E. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. F. County shall be named as an additional insured with respect to Contractor's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. Contractor shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of Contractor if so required by County Page 15 of 26 7123 during the term of this Agreement. County will not pay for increased limits of insurance for subcontractors. H. Contractor shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured. The County reserves the right to require a certified copy of such policies upon request. I. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. ARTICLE 9 Termination or Suspension 9.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 9.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days' written notification to the Contractor. 9.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 9.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 9.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall Page 16 of 26 7124 have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 10 Enumeration of Contract Documents 10.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: N/A 10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 10.1.2 The General Conditions are the General Conditions of the Contract for Construction. By signing this Agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County webpage: hl,l; ,//flll unrmourmu°oecouurmD; ,cliivliicIllus,courmm/Ilf;;�liids,asxCaD;lllllf; °j8 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y ,,,,,,,,,,,,,,,,,,,,,,,,,,f,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,....,,,,,,.,:,..,,,....,,,,,,,t,,,,,,,,,,,,,,,,,,,,,,,,,,,, ...........,,, 10.1.3 Not Used. 10.1.4 The Addenda, if any, are as follows: N/A This Agreement is entered into as of the day and year first written above. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 17 of 26 7125 I Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: County Administrator or Designee CONTRACTOR'S Witnesses Attest: CONTRACTOR: Sport Surfaces, LLC. Contractor must provide two witnesses Signatures Signature: Signature: '-'�� Print Name: Print Name:— Title: Date: Date: and Signature:_ Print Name: Cr ':t /I Date: 12411 L 6J 2,b -N' STATE OF COUNTY OF- On this day of 20 , before me, the undersigned notary public, by means of "hysical presence or-t online, personally appeared (name of affiant) known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for the Resurfacing of Two Tennis Courts located at Key Largo Park, 500 St. Croix Place, Key largo FL 33037 And One Basketball Court located at Friendship Park, 39 Hibiscus Lane, Key Largo FL 33037 And Two Tennis Courts located at Bay Pointe Park, 5A E Circle Drive, Key West, FL 33040 for the purposes therein contained. C�ry YR 0 Notary Public,,,,' 0 03-'o Print Name 'Ayy"'sa &'C' My commission expires: (Seal) NOTARY PUBLIC, 0 0 e18of26 7126 GENERAL REQUIREMENTS Where Parks and Beaches is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information — (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 19 of 26 7127 EXHIBIT A Required County Forms Exhibit B Page 20 of 26 7128 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE N]. Q10-199Q MONROE COUNTY, FLORIDA ETHICS CLAUSE ^ SPORT SURFACES, LLC . (Company) " warrants that be/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation ofSection 3ofOrdinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase prima, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County offioeroremp|oye " Date: =� STATE OF: �~ COUNTY OF: � 8ubsohbmdand evvorntO (or 8ffimmed) before me, bv means of"�'phvsico| presence UrOonline notarization, (date) by (name ofaffionU. HWShe is p2rsonally known to me NOT (SEAL) My commission expires: LQ OTARY PUBLIC 7129 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/VendorName: Sport Surfaces LLC Vendor FEIN: 26-4143866 Vendor's Authorized Representative: Paul Gold - Manager (Name and Title) Address: 7011 Wilson Road City: West Palm Beach State: FL Zip: 33413 Phone Number: 561-964-2001 Email Address: sand ra s ortsurfaces.com As a nongovernmental entity executing,renewing,or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation ofthe debt,the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa,or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Sport Surfaces LLC who is authorized to sign on behalf of the above referenced company. Authorized Signature: i�'pana-ed 49d6-1� Print Name: Paul Gold Title: Manager Exhibit B Page 22 of 26 7130 ` PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on o contract with a public entity for the construction or repair Of@ public building or public work, may not submit b\de, propoea|a, or replies on leases of real property to public antbx. may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017. Florida Statutes, for CATEGORY TWO for a period of3O months from the date of being placed on the convicted vendor |iot." | have read the above and state that neither (Pn>poser'a name) nor any/#fi||atehas been placed on the convicted vendor list within the last thirty-six (36) months. Date: - STATE OF: COUNTY OF: �~ Subscribed and sworn to (or affirmed) before me, by means of 9'physical presence or F1 online notarization, (date) by -\c��'\ (name ofaffianU. He/She is personally known to me or has produced ----- Rvpe id ti cation) as identification. NOT (SEAL My oonnnniaaion expires: cc� Exhibit Page 23of2G 7131 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):Tennis & Basketball Court Resurfacing Respondent Vendor Name: Sport Surfaces LLC Vendor FEIN: 26-4143866 Vendor's Authorized Representative Name and Title: Paul Gold - Manager Address: 7011 Wilson Road city: West Palm Beach State: FL Zip: 33413 Phone Number561-964-2001 Email Address: sandra@sportsurfaces.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated immediately, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on, submit a proposal for, or enter into or renew a contract with Monroe County for goods or services. Certified By: Sport Surfaces LLC who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Paul Gold Title: Manager Note: The List are available at the following Department of Management Services Site: Ltt a://www.dirns.irn tlloiriida.coirn/libusliiriess o aeiratlioirns/stat.e auir;ll�asliir� /veindoir liiritoirirnatlioiri/coiriVricted sus.aeir�ded dliscir I,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, iii,�iilrt � lry........� lr!E..ta! iilrt:t. ........fir lrt oir.......11ii. :t: . Exhibit B Page 24 of 26 7132 d'I l EXHIBIT B CONTRACTOR PROPOSAL Exhibit B Page 25 of 26 7133 Exhibit B Page 26 of 26 7134 SP7011 Wilson Rd. sL!a'2T West Palm Beach FI.33413 El S 561-964-2001 � Fax: 561-964-5009 www.sportsurfaces.com PROPOSAL/AGREEMENT July 14th 2025 CUSTOMER Monroe County Key Largo Park 500 St. Croix Place Key Largo FL 33037 Agreement made between Sports Surfaces LLC. hereinafter called the Contractor and Monroe County called the Customer for the resurfacing of(2)tennis courts with respect to the following terms and specifications: COURT PREPARATION: Court Size: 110'x 120' The Contractor will pressure clean and power blow court(s)as necessary to remove loose dirt,mildew and oil. The Contractor will patch depressions greater than 1/16" after 1 hour drying time in sunlight, grind down any ridges as necessary.Depressions are low spots that hold water on the court Up to 25 gallons of patching material included. The Contractor will install up to 150'of fiberglass mesh strips over cracks. Note:court must have a minimum of 1%slope in one plane in order to guarantee removal of water. SURFACING OF TENNIS COURT(S) The Contractor will apply(1)Coat of Acrylic Resurfacer over entire court area to fill voids and provide smooth surface. The Contractor will apply (2) Coats of Acrylic Color Concentrate (two-tone), To provide in depth color over court surface. Color Choice (Colors maybe selected by visiting https:ZZsportsurfaces.comZdesign[surface-color-selector/The Contractor will accurately locate,mark,and paint two inch wide playing lines in accordance with regulations using white textured heavy bodied acrylic latex paint. The Contractor will remove waste off site. FEE The Contractor agrees to provide tools,materials,labor,supervision and insurance to complete the above work for a sum of ****TWENTY ONE THOUSAND NINE HUNDRED DOLLARS(S 21,900.00)**** OPTIONAL—PLEASE INITIAL TO ORDER Pickleball Lines:The Contractor will add lines for(4)pickleball courts ADD$3,000.00 Fiberglass membrane:The Contractor will install fiberglass membrane over entire court area to repair cracking and prevent the premature return of cracks.The Contractor will install(1)additional coat of Acrylic Resurfacer to glue fiberglass membrane to surface.ADD$6,900.00 *All prices are in US Dollars.Prices are subject to change after fourteen(14)days.Our bid prices are based upon you providing adequate access and storage areas. 7135 SP7011 Wilson Rd. sL!a'2T West Palm Beach FI.33413 El S 561-964-2001 � Fax: 561-964-5009 www.sportsurfaces.com July 14th 2025 CUSTOMER Monroe County Key Largo Park 500 St. Croix Place Key Largo FL 33037 PROVISIONS: Per Purchase Order GUARANTEE The Contractor guarantees all work against defects in workmanship or materials for a period of(2) vears from date of completion.This guarantee excludes Normal wear and tear,physical abuse or neglect and any other conditions beyond the contractor's control, such as sub-base settling, structural cracks, asphalt shrinkage cracks, hydrostatic pressure or water vapor pressure bubbles,intrusion of weeds or grass,etc.Existing cracks may reappear at any time. Proper tennis shoes must be worn on court. Some sneakers, street shoes, dark soled shoes, skateboards, roller blades, etc. will scuff and damage surface. Guarantee shall become void upon owner's failure to adhere and comply with the payment schedule. TERMS& CONDITIONS CUSTOMER AGREES THAT BY SIGNING THE BELOW CONTRACT THEY AGREE TO ABIDE BY OUR TERMS AND CONDITIONS WHICH CAN BE FOUND BY CLICKING THIS LINK OR CUTTING AND PASTING THIS LINK ONTO THEIR BROWSER: https://sportstirfaces.com/terms-and-conditions/ Respectfully submitted by: 47 clam� 01- Sports Surfaces LLC. Proposal accepted by: Title: Date: 7136 SP7011 Wilson Rd. sL!a'2T West Palm Beach FI.33413 El S 561-964-2001 � Fax: 561-964-5009 www.sportsurfaces.com PROPOSAL/AGREEMENT July 14th 2025 CUSTOMER Monroe County Friendship Park 39 Hibiscus Lane Key Largo FL 33037 Agreement made between Sports Surfaces LLC. hereinafter called the Contractor and Monroe County called the Customer for resurfacing of(1) basketball court with respect to the following terms and specifications: COURT PREPARATION: Court Size:95'x 55' The Contractor will pressure clean and power blow court(s)as necessary to remove loose dirt,mildew and oil. The Contractor will patch depressions greater than 1/16" after 1 hour drying time in sunlight, grind down any ridges as necessary.Depressions are low spots that hold water on the court Up to 10 gallons of patching material included. The Contractor will install up to 110'of fiberglass mesh strips over cracks. The Contractor will cut out 15' x 8' of mot intrusion,remove roots and replace with new hot mix asphalt The Contractor will patch new asphalt areas with court patch binder to level with rest of court surface.5 gallons for patching of root repair. Note:court must have a minimum of 1%slope in one plane in order to guarantee removal of water. SURFACING OF BASKETBALL COURT(S) The Contractor will apply(1)Coat of Acrylic Resurfacer over entire court area to fill voids and provide smooth surface. The Contractor will apply (2) Coats of Acrylic Color Concentrate (two-tone), To provide in depth color over court surface. Color Choice (Colors maybe selected by visiting https:ZZsportsurfaces.comZdesign[surface-color-selector/The Contractor will accurately locate,mark,and paint two inch wide playing lines in accordance with regulations using white textured heavy bodied acrylic latex paint. The Contractor will remove waste off site. FEE The Contractor agrees to provide tools,materials,labor,supervision and insurance to complete the above work for a sum of ****ELEVEN THOUSAND FIVE HUNDRED DOLLARS($11,500.00)**** OPTIONAL—PLEASE INITIAL TO ORDER Fiberglass membrane:The Contractor will install fiberglass membrane over entire court area to repair cracking and prevent the premature return of cracks.The Contractor will install(1)additional coat of Acrylic Resurfacer to glue fiberglass membrane to surface.ADD$2,900.00 *All prices are in US Dollars.Prices are subject to change after fourteen(14)days.Our bid prices are based upon you providing adequate access and storage areas. 7137 SP7011 Wilson Rd. sL!a'2T West Palm Beach FI.33413 El S 561-964-2001 � Fax: 561-964-5009 www.sportsurfaces.com July 14th 2025 CUSTOMER Monroe County Friendship Park 39 Hibiscus Lane Key Largo FL 33037 PROVISIONS: Per Purchase Order GUARANTEE The Contractor guarantees all work against defects in workmanship or materials for a period of(2) vears from date of completion.This guarantee excludes Normal wear and tear,physical abuse or neglect and any other conditions beyond the contractor's control, such as sub-base settling, structural cracks, asphalt shrinkage cracks, hydrostatic pressure or water vapor pressure bubbles,intrusion of weeds or grass,etc.Existing cracks may reappear at any time. Proper tennis shoes must be worn on court. Some sneakers, street shoes, dark soled shoes, skateboards, roller blades, etc. will scuff and damage surface. Guarantee shall become void upon owner's failure to adhere and comply with the payment schedule. TERMS& CONDITIONS CUSTOMER AGREES THAT BY SIGNING THE BELOW CONTRACT THEY AGREE TO ABIDE BY OUR TERMS AND CONDITIONS WHICH CAN BE FOUND BY CLICKING THIS LINK OR CUTTING AND PASTING THIS LINK ONTO THEIR BROWSER: https://sportstirfaces.com/terms-and-conditions/ Respectfully submitted by: 47 clam� 01- Sports Surfaces LLC. Proposal accepted by: Title: Date: 7138 SP7011 Wilson Rd. sL!a'2T West Palm Beach FI.33413 El S 561-964-2001 � Fax: 561-964-5009 www.sportsurfaces.com PROPOSAL/AGREEMENT July 14th 2025 CUSTOMER Monroe County Bay Pointe Park 5A E Circle Drive Key West FL 33040 Agreement made between Sports Surfaces LLC. hereinafter called the Contractor and Monroe County called the Customer for the resurfacing of (2) tennis courts and the conversion of (1) tennis court into (4) pickleball courts with respect to the following terms and specifications: COURT PREPARATION: Court Size: 108'x 110' The Contractor will pressure clean and power blow court(s)as necessary to remove loose dirt,mildew and oil. The Contractor will patch depressions greater than 1/16" after 1 hour drying time in sunlight, grind down any ridges as necessary.Depressions are low spots that hold water on the court Up to 20 gallons of patching material included. The Contractor will install up to 150'of fiberglass mesh strips over cracks. will patch new asphalt areas with court patch binder to level with rest of court surface.5 gallons for patching of root repair. Note:court must have a minimum of 1%slope in one plane in order to guarantee removal of water. SURFACING OF TENNIS COURT(S) The Contractor will apply(1)Coat of Acrylic Resurfacer over entire court area to fill voids and provide smooth surface. The Contractor will apply (2) Coats of Acrylic Color Concentrate (two-tone), To provide in depth color over court surface. Color Choice (Colors maybe selected by visiting https:ZZsportsurfaces.comZdesign[surface-color-selector/The Contractor will accurately locate,mark,and paint two inch wide playing lines in accordance with regulations using white textured heavy bodied acrylic latex paint. Lines for(1)tennis court and(4)pickleball courts.The Contractor will remove waste off site. FEE The Contractor agrees to provide tools,materials,labor,supervision and insurance to complete the above work for a sum of ****EIGHTEEN THOUSAND US DOLLARS DOLLARS($18,000.00.00)**** OPTIONAL—PLEASE INITIAL TO ORDER Pickleball Equipment Options: The Contractor will supply(4)Portable Pickleball net post and net systems with wheels ADD$4,800.00 The Contractor will install(4)pairs of net post footers with sleeves to make posts removable and install(4)pairs of pickleball net posts,(4)pickleball nets and center straps.ADD$9,900.00 Fiberglass membrane:The Contractor will install fiberglass membrane over entire court area to repair cracking and prevent the premature return of cracks.The Contractor will install(1)additional coat of Acrylic Resurfacer to glue fiberglass membrane to surface.ADD$3,900.00 7139 SP7011 Wilson Rd. sL!a'2T West Palm Beach FI.33413 El S 561-964-2001 � Fax: 561-964-5009 www.sportsurfaces.com *All prices are in US Dollars.Prices are subject to change after fourteen(14)days.Our bid prices are based upon you providing adequate access and storage areas. July 14th 2025 CUSTOMER Monroe County Bay Pointe Park 5A E Circle Drive Key West FL 33040 PROVISIONS: Per Purchase Order GUARANTEE The Contractor guarantees all work against defects in workmanship or materials for a period of(2) vears from date of completion.This guarantee excludes Normal wear and tear,physical abuse or neglect and any other conditions beyond the contractor's control, such as sub-base settling, structural cracks, asphalt shrinkage cracks, hydrostatic pressure or water vapor pressure bubbles,intrusion of weeds or grass,etc.Existing cracks may reappear at any time. Proper tennis shoes must be worn on court. Some sneakers, street shoes, dark soled shoes, skateboards, roller blades, etc. will scuff and damage surface. Guarantee shall become void upon owner's failure to adhere and comply with the payment schedule. TERMS& CONDITIONS CUSTOMER AGREES THAT BY SIGNING THE BELOW CONTRACT THEY AGREE TO ABIDE BY OUR TERMS AND CONDITIONS WHICH CAN BE FOUND BY CLICKING THIS LINK OR CUTTING AND PASTING THIS LINK ONTO THEIR BROWSER: https://sDortstirfaces.con/terms-and-conditions/ Respectfully submitted by: 47 clam� 01- Sports Surfaces LLC. Proposal accepted by: Title: Date: 7140 All in I Courts Construction LLC Allin1courts@yahoo.com 12361 SW 128th Ct Ste 201 +1 (786)371-1154 COLURI"'S Miami, FL 33186 https://allinlcourts.com/ � p� gAc Bill to Ship to John Allen John Allen Monroe County Parks Monroe County Parks Estimate details Estimate no.:1351 Estimate date:05/01/2025 Product or service Description Oty Rate Amount 1. Basketball Court Resurfacing Friendship Park-with repair of root damage 1 $15,640.00 $15,640.00 area Total $15,640.00 Note to customer Please see PDF attached to email for complete project description Accepted date Accepted by 7141 All in I Courts Construction LLC Allin1courts@yahoo.com I 12361 SW 128th Ot Ste 201 +1 (786)371-1154 C 4 if I OU NITS Miami, FL 33186 https://allinl courts.com/ AlA,H Bill to Ship to John Allen John Allen Monroe County Parks Monroe County Parks Estimate details Estimate no.:1353 Estimate date:05/01/2025 Product or service Description Oty Rate Amount 1. Tennis Court Resurfacing Key Largo Park:Total of 2 Courts 1 $22,815.00 $22,815.00 Total $22,815.00 Note to customer Please see PDF attached to email for complete project description Accepted date Accepted by 7142 All in I Courts Construction LLC Allin1courts@yahoo.com AA, I 12361 SW 128th Ot Ste 201 +1 (786)371-1154 C 4 if I OU NITS Miami, FL 33186 https://allinl courts.com/ L H Bill to Ship to John Allen John Allen Monroe County Parks Monroe County Parks Estimate details Estimate no.:1401 Estimate date:07/09/2025 Product or service Description Oty Rate Amount 1. Tennis Court Resurfacing BayPoint Park Resurface with painting of 4 1 $24,650.00 $24,650.00 sets of pickleball lines Total $24,650.00 Note to customer Please see PDF attached to email for complete project description. Accepted date Accepted by 7143 77/23/2025 E(MM/DDIYYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jaime Hellman Insurance Office of America PHONE FAX Abacoa Town Center AIC No Ext: 561-776-0660 A/C,No:561-776-0670 1200 University Blvd, Suite 200 ADDRESS: Jaime.hellman@ioausa.com Jupiter FL 33458 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Evanston Insurance Company 35378 INSURED SPORSUR-01 INSURER B:Tokio Marine Specialty Insurance Company 23850 Sport Surfaces LLC 7011 Wilson Road INSURERC: Florida Citrus, Business&Industries Fund 15764 West Palm Beach FL 33413-2234 INSURERD:Ascendant Commercial Insurance Incorporated 13683 INSURERE: RLI Insurance Company 13056 INSURERF: Progressive Express Insurance Company 10193 COVERAGES CERTIFICATE NUMBER:1550821931 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF PO LTR MM/DDIYYYYl fMM1LD1CDy1YEYXYPY1 LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y PPK2683822 5/4/2025 5/4/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 A I,BY T, MED EXP(Any one person) $ PERSONAL&ADV INJURY $1,000,000 . .. ..meµ GEN'LL AGGREGATE LIMIT APPLIES POECR: GENERAL AGGREGATE $2,000,000 POLICY X PRO- JECT WAMF PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Hired&Non-Owned $ D AUTOMOBILE LIABILITY Y CA-70930-0 3/1/2025 3/1/2026 COMBINED SINGLE LIMIT $1,000,000 F 994041445 3/3/2025 3/3/2026 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B UMBRELLALIAB X OCCUR Y Y PUB910915 5/4/2025 5/4/2026 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ C WORKERS COMPENSATION Y 69086 10/29/2024 10/29/2025 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FY] NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Excess Liability Y Y EZXS3199850 5/4/2025 5/4/2026 Aggregate 1,000,000 E Motor Truck Cargo ILM0200547 5/28/2025 5/28/2026 Aggregate 100:000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is Additional Insured with respect to General Liability including ongoing and completed operations on a Primary&Non-Contributory Basis and Blanket Waiver of Subrogation when required by written contract per forms CG 20 33 04 13,CG 20 37 04 13, PIC-GLN-020(10/13)and CG 24 04 12 19. Waiver of Subrogation with respect to Workers Compensation when required by written contract per form WC 00 0313. Excess Liability is Follow Form and subject to the exclusions in accordance with the policy provisions as respects to General Liability and Workers Compensation. Cancellation Provision:30 Days'Notice of Cancellation except 10 Days Non-Payment of Premium in accordance with the policy provisions. Certificate Holders: Key Largo Pickleball Court Installation&Monroe County Board of County Commissioners, its employees and officials CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West FL 33040 AUTHORIZED,REPRESENTATIVE USA Q " �.p INMtIX„ G(•��'"f p @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 7144 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or inderectly to benefit anyone not named in the Schedule. Schedule All person or organizations that, in a written contract executed by both parties prior to the date of injury covered by this policy, require you to obtain this agreement with us. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 10/29/2024 Policy No. 10669086-2024 Endorsement No. Policy Effective Dates: 10/29/2024- 10/29/2025 Premium $ Insured: SPORT SURFACES LLC Carrier Name/Code: Florida Citrus, Business & Industries Fund WC000313 (Ed. 4-84) Countersigned by ©Copyright 1984 National Council of Compensation Insurance, Inc.All Rights Reserved. Page ,7145 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury", "property damage" or "personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf; change orders or drawings and specifications; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law; and in the supervision, hiring, employment, training or 2. Will not be broader than that which you are monitoring of others by that insured, if the required by the contract or agreement to 'occurrence" which caused the "bodily injury" or provide for such additional insured. "property damage", or the offense which caused the "personal and advertising injury", involved the A person's or organization's status as an rendering of or the failure to render any additional insured under this endorsement ends professional architectural, engineering or when your operations for that additional insured surveying services. are completed. CG 20 33 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 7146 2. "Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a. All work, including materials, parts or Section III — Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed; or b. That portion of "your work"out of which the 2. Available under the applicable Limits of Insurance shown in the Declarations; injury or damage arises has been put to its intended use by any person or organization whichever is less. other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 0413 7147 POLICY NUMBER: PPK2 683822 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations AS REQUIRED BY WRITTEN ALL LOCATIONS. CONTRACT PRIOR TO AN "OCCURRENCE". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only with Section III— Limits Of Insurance: respect to liability for "bodily injury" or "property If coverage provided to the additional insured is damage" caused, in whole or in part, by "your work" required by a contract or agreement, the most we at the location designated and described in the will pay on behalf of the additional insured is the Schedule of this endorsement performed for that amount of insurance: additional insured and included in the "products- completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional insured Insurance shown in the Declarations; only applies to the extent permitted by law; and whichever is less. 2. If coverage provided to the additional insured is This endorsement shall not increase the required by a contractor agreement,the insurance applicable Limits of Insurance shown in the afforded to such additional insured will not be Declarations. broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 7148 PIC-GLN-028 (08/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT WITH MAXIMUM POLICY AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All projects performed by the Named Insured. Designated Construction Project General Aggregate Limit of Insurance: $2, 0 0 0, 0 0 0 Maximum Policy Aggregate Limit of Insurance: $2, 0 0 0, 0 0 0 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under SECTION I—COVERAGE A, and for all medical expenses caused by accidents under SECTION I—COVERAGE C, which can be attributed only to ongoing operations at a single Designated Construction Project shown in the SCHEDULE above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount shown in the SCHEDULE above. However, regardless of the number of construction projects and under no circumstances will we pay any more than the Maximum Policy Aggregate stated in the endorsement SCHEDULE above. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard" regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expense shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the SCHEDULE above. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. 7149 PIC-GLN-028 (08/14) 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit and the Maximum Policy Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I—Coverage A, and for all medical expense caused by accidents under Section I—Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the SCHEDULE above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expense shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. They will however, contribute towards the Maximum Policy Aggregate. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of"bodily injury" or"property damage" included in the "products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. They will however, contribute toward the Maximum Policy Aggregate. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. 7150 PIC-GLN-020 (10/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, and all subparts thereof, as contained in the policy is deleted in its entirely and replaced with the following condition: 4. Other Insurance If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required by written contract signed by both parties, to provide insurance that is primary and noncontributory, and the "insured contract" is executed prior to any loss. Where required by a written contract signed by both parties, this insurance will be primary and non-contributing only when and to the extent as required by that contract. However, under the contributory approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contributory by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit if insurance to the total applicable limits of insurance of all insurers. All other terms, conditions and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 7151 POLICY NUMBER: PPK2683822 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organ ization(s): AS REQUIRED BY WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 7152 POLICY NUMBER: CA-70930-0 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Countersigned By: N��4& (Authorized Representative) Endorsement Effective: 03/01/2025 Named Insured: SPORT SURFACES, LLC SCHEDULE Name of Person(s) or Organization(s): Monroe County BOCC- 1100 Simonton Street, Key West, FL 33040 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 7153 Monroe County Purchasing Policy and Procedures COUN'F°"Y ADMINISTRATOR C:'()N-I"R NC:".T. "Mi[11V M,ARN" FORM FOR C ON"T'RAC'"F'S $100.000.0O and Under Contract with: F ffectcve Date: F x iration Date: t " Contract Purpose/Description: C ontract is Original ,Agreement Contract,Amendment/Extension Renewal C ontract Fanager. � ��„ < CONTR AC'"T C O " Total Dollar Value o9'C'ot7tract: 1 C'rNrrcrwt Year Portion: $ ,�" (rrrust Ile Slrldi I000)arr9en;sA tntxateulhnyeturagrccrirroeanotha^m reaar res 130CC aCara`i%A.r nls;uu° Ole Budgeted? ilp Grant: $ County Match: F'urtd/C ost C enter end C,.stte �llr DD 1'FC)N.AL C 0 STS Estimated Ongoing Costs: 0 /yr For: (Neat iiieluded in dollar value ahove) (e.-.ratainteMMICe,utilitiCS, Janitorial, salaries, etc.) Insurance Fie aired: YES NO C C ON'l"RAC 1' F T'V 11?" Reviewer Cate In 1::)epartment F lead ugnature: v ilfiarm DeSantis Joseph ,. 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Puwerb�,-)nd Cus,,m(,)n RS $44 19 330/, $29,69 SY C300 78 Create Impact C Modu�ar w0h Orninicoat $55 46 3 6 $35,54 s Y 11 176,9 Purpose G III Mhostp� ModuParMthi Ornnicinat ',�46,43 37% $29,41 SY 1 1769 Create Durpcist-,, C F Flex A re(,�a Cushkon "5 4 7 7 5 36'4, $30,69 S"� 117619 Create Durpose E CR Rex Aire(!D Cushm RS $4 n 91.06 3 5 110 $31 98 SY 7 1169 Create Purpose FM Powerbond CIUSNon )42 88 341/n $28-410 sy, 11769 Crieate Purpose M R Poly verbond Cushk.)n IRS 544 19 33% $29,69 SY 11771 Create Space U etho0D Mod War*th OrTln4coat S 45.43 37% $29.41 Sly 1 V771 Create Space CF Rex A�re@ Cu shmn $4 7',75 3 $30,69 SY 11771 C`,reale Space CR F Alier,tr Cu shbn RS 3F47 06 35% $31.98 SY 11771 Create spaw",e M Powerbond CUS�i�on $42,88 3 4 n% $2840 SY 11 17 71 Create Space M'R Powerbond CusNon RS >',I,4,19 33% $29,69 SY G0080 Create I,jn GC ethus,Y) 1w3o6.Aar mtli 0i-rmk,,,oat $55 46 36 SY G(3079 Create Visbin GC g?�hos` Modu4r witli OrnnicoW $55 4 6, 3 6%v $35,54 SY I 1848 Cultivate Grnw1h 13 U ethcs(R)McdUar with OF7,micoat, S46,88 3 1 $3215 SY 11848 CUHAvate r3row vi C 1`7le x P0re�D CusNan �348 19 31 S 3 3 44, SY 11848 C;Jttvate G rm,0h CR ReX Aire(,t Cusrk)n RS $4(),5 1 NO% $34,72 SY AQQIQ Ioub e BOLICle GU ethc&3r McdiAar with Ornmcoat S5 D 71 41 $2995 S Y P,age 7(,)f 37 (111rifarkett 7157 Updated Q3 2025 Sourcewell Contract # 061 323-TFU exp 8/9/2027 Tarkett Alliance Number 168119 'Tarkett Resilient NPN: SPA Required-Cantact RBM Vand to: August 1, 2026 SUN�DRMS lProdun Descsipdain&Use spread R*0 "lei dMember pnee Per UOM 04C, C-12 E Pressure Sens�nwe Adhesive—F ex-A�re Deswa 00y 3Q�'anw lean+Js 0,4 7 34,) $12716 ,96 35D Squwe Vairds 43 4 "ids S121i 38 C,,E',X Adhesiye--ethos "Note 1`3 J 55 scluar"!"Yal ds 4 G j I 1�1),j "'D a �;oe f I en gh jev,,1 I o f�! I➢r ilr�r�I I w,�[ ow "ma, f� =— -- 'u r e a,,,k in g $121,38 48 4 Oailon P�pjs -('U HM Adho%Ne—edros on[y ran, tv)81.)square yands,J4 jail air,, 50473,1024 4 Gaflor Jaif $164M A T'arkstt,TapP8+,,etho:s OZ7—ar 5wy——---------....... RwHk��n�or�ur'no,,�Onhqwaiccms 144 5(rp,an, Ydi ds Ler IRWI fou 24 x211" 64347,,3 1,128 R, 1 IR C-16E Adhesive 44 55 Squafp Yard,3 604734D 1 D 52 4 GaHoin Rad $94„24 avll�Yards .4 GaHon Pa,ls $8,9.40 8-56('�Squ 3.33 Greambwsd Adhesrve 40 48 Square,Yards 60473,4001 4-Gal4uiri Rad $4710 C-36E Pr4nqar f,"ru,rS rjraust be parr ed) 133 177 SquareYwds 04 730 13 4 GaHoin P,aii $6,4,30 C-56 Primer(Ericap", arniounis of oU a flan sive) 12CIi 14,13i ratds 1114,YT,MA`�v*Ih tds 60,37�5012 4-Galfon Searn Weld-54 fNjat Par sale,n a,,'ahforrila) 6 .kar%"al,�"Fwn 801)1�near Fee�f 04735005 f- Q $16,66 G XL.Seam Wiafd(PoAerbamd&Broagdllirzomc r I o be snid n CaWornia) 4frQ� rlear Feet b04 7 35019 Moi:MsSUAUMD,BAM AV),waug 63,js,,o wjjlj N�3tcf} S2116 Ploweir-Welid Seam Weld(Power4ond)!,I o be soid r Cahforma) 400 L inear Feet 60,1735024 Q -211111�1111111 - � Ace% u) $21 16 Seam Cdeaner 77 f"'are r sale,n CaWornia) 00,10 usel-1h Pawy,,ibcnd,,Nrws 1,600 L near Fpel 604735007 r $23,68 RoMmart 400 1,50C Sqiijaru�w Fee?, 2971038073 4 Gatlon RalC $278,71 "Approved for Cootour,MILatitude,Event,IM»tata3 lq 50 400 Squaur,�4:eet -lid Gj0on Pa(I $73,81 959HM VInyl Tfle and Plank Adhwave mt,E.ven IRWIle&M&MEdgc Approved for Comour,D Lafitudo,E,ve 150 175 Square Feel/qa��Porous) `9 n0381,142 4 GaVon "wl $167,97 Suivem hpe easy o 250 300 Square Fe,0,,g af(Nan porwA) 1996'rwo Part Epwry AdhesWe "Appfaved for Cualmo,iD LaMude,Event,IEven P ane,49)14-Wc L.Vr 225-250 Square `eet/gal Meta�Edge. Higj,�lImsvjre':,ubflc�(n kfl�eave� RH N��,oy �Porous&Non-p��rr�us) 2 9 7 Q 3,8 0 1 1X 4-Gaflon Pwl $23136 ash tali LL L (d cuncreIp _ .......... .............. 975 T"wo-Part PJretbaine Adhesive 150 Square Fept 29 7,239,014 GaHolq Pail -Appraved far Contour 10 Lifitude �,",vent,Eye�k PWie,MON MIC L VT MwWEdge 300 Sqrjac eet 2 Ca4on ait $344,23 —--——------------- 'ICEN TI 2001 Wet SWAdhwsw� p ved f:os,Wctory �jr 2 S squ a I e F eel jer 3,3�loin 5r 14 580 00 4 Gallon!,"ad SI 04,22 dw�,n�,w xxous wofluw xr,,� CIENTt 20,00 Epoxy Adhesuve*Approved for'Cdory v nsmi2t'jj""I'm .x,ows—wWoo, mw, 20 '�31)3quare 111agl 5800 $69M) Tarkett SureStarl'"lurndaurdayment Roll 3i,,e 36 errtes x 33 33 rrel 000331)06 Squaire Feet $01.65 hpprwed ror Contour,M LaUtude,&Event +nlE 3,ze 54 ncht's x 14.4 fiw 513")03'3007 d(,,,uaqe ew i 0 66 �� 4114,0 1 P'a g fa 2 3 ci f 3 7 own jlrarkett U 7158 m ti +,�� cro-wr e� .+ea e+o-waaew err err un efr�e,�wrr ur vr'rrr err rrs,w e,a ur va, - err wrr wra. .trr va erw e«r rrr -+vn arx w„w,rare tiro-cry I aarcr� wro +M«tnr wwro � ,ram er'w ~ � ,w,rc,a;z am rrz wra+w7a i av"r,prw+u'r +rMa �r an»urn +prr a»+� Pit at ury sn �W�+ti`AM KJx r.+4 ak Iran`trr s+p tqr� ^pa kr4 err ero tr rrh ea%'dwi R+rr WA 4T I4r, ewT 4NF ar,W Cra wrx Y w�:. wry ero,4uy,.�s+a ww aq as.ti+%I'. 40,f40+ - .+, 4hp +Aral 00 0 solo '"on Imp 0AOgg S e,x xn+rr aw'as�ara,�arx rn en n em+ra ar-r au mra+�,an rrz ua aa lace r�ec r h^� � +�mw rtrd as zro res as ar��� � Cs CN � wrr+es w.rn+t wrti�e+a�x u»wrro aw wes�,ruw ax aa'a�a » � 0 erw,rxa avr rax rn.at ax ax en xrr ax;rrr ar ax war+en crn wx-vml zawerw e»era*rx Asa cs giro-+n ux as tiro wns as ews.n vw xrn w'""n era "•✓+.. 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'��3 tre � ro w +k rr aal a c c" -,+> > > cfl ti all, wt tt OtA"wM Atli ,Ww 0* 40, 0 *4 f6 44 4"*:: 0 O P,9 19 9 M--!L X A lz X�; 4, 0, i bw d,9 Y,V n n, IMW 7 N/Z 40/ #ok 1041", iwf t9*1 LL P g rn cn rL CL �Z oo N3 F T N w 16 w r4 S,6 4 gi 2 mwww . ................ i? 015 Z t ILIILI I'M W. U8 ? o 3 2 T� -�S 2: Is Z a E E -;'.a L 2i E o 2 R 2 z 2 L�r ag um 5 Z Z;5 a I Jo .,i A cfl ti N m 0 M 'D CL psi, 11 N pi to CD , a wwai C',41 ot --err---------- t CL �x cr E ce 4) LL CL Cl) C'4 Ln 151 T! Z 0. 0 > 10 S 2 53�2 "gg 0�O cl ul 8 81 cd vi El -g -WE—wT te . 21 t; A Docu&qin Envelope ID 60EC4126 6FAC-46019053DB0B9B 12BOC,8 0613 23)-TF t Sourcewell i' llik, Solicitation Number: 0613,23, CONTRACT This Contract is between Souircewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Tarkett USA Inc,, 30000 Aurora Road, Solon, OH 44139 (Supiplier), Sourcewell is a State of Minnesota local government unit and, service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entifies. Parti6pation is open to Oigiible federal, state )province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities, located in the United Stapes and Canada. Sourcewell issued a public solicitation for Flooring Materials,with ROated Supplies and Services from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide, equipment, products, or services to Sourcewell and the, entities that access Sourcewell's cooperative purchasing contracts (Participating Entities), 1. TERM OF CONTRACT A. EFFECTIVE DATE, This Contract is effective upon the date of the final signature below. EXPIRATION DATE AND EXTEN&ION, This Contract expires August 9, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances. B. SURVIVAL OF TERMS. Notwithstanding any expliration or termination of thiis Contract, all payment obligations incurred prior to expiration or termination will Survive, as will the following: Articles 11 through 14 survive the expiration or canceliation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES Rev. 3/2022 7162 Docu&gn Envedopp ID BDEC�4126-61:7AC 46Dl-905 -C)iBtl],BOB12BOC8 061 31�3-1 1,111 A. EQUIPMENT', PRODUCTS, OR SERVICES, Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract, All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as,operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial) volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances,, and are free from defects in design, materials, and workmanship, In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in, accordance with the ordinary use for whiich they are intended. Supplier's dealers and distributors must agree to aissist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier"s warranty will be passed on to the Participating Entity, C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourceweli a current means to validate or authenticate Su�piplier"s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. it is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all, pricing quoted must reflect a Participating Entity's total cost of acquisition This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location, Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. Rev, 3/2022 2 7163 DocuSign Envelope ID BCEC41216-0FAC-461D1-9053..DBOB9B 12BOC8 06 1 3)23-FRJ A. SHIPPING AND SHIPPING COSTS. Freight and shipping costs shall be added to Supplier invoices as a separate line item and paid for by the Participating Entity, All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment aind Products that are acceptable to the Participating Entity. Supplier roust arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electromcaliy to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as,those close-out and discontinued items,are clearly identified as such. Current ordering process and administrative fees apply, Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator, This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: Rev. 3/2022' 3 7164 DOCU&gn Envelope ID BDEC4126-6FAC-46M•9053-DBGHB 12BOC8 lid 1323-VFl • Identify the applicable Sourceweli contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and 9 Include a comiplete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference., S. PARTICIPATION, CONTRACT ACCESS,AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available, ands open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all': Participating Entities that can legally access the Equipment, Products, or Services under this Contract, A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interiocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating'Entities reserve the right to obtain like Equipment, Products, or Services from ainy other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will: encourage potential participating entities to join Siourcew,ell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government- owned facilities, including schools. Suipplier's empiloyees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND, PAYMENT, To access the contracted Equipment, Products, or Services under this Contract, a, Participating Entity must clearly indicate to Supplier that it intends, to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Rev. 3/2022 4 7165 DOCUSign Envelope ID BOEC4126.-6FAC-46D1-9053-DBClB9BI2,BOC8 0 6 13322 3)-T1."L I Supplier. Typically, a Participating, Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order-, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number, All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this,Contract. Supplier's acceptable forms of payment are included in its attached Proposal, Participating Entities will be solely, responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPA,TING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements,, legal requirements (e.g., affirmative action, or immigration status requirements), or specific local policy requirements,, Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable, Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQU111REMENTS. In the event that the Participating Entity requires !service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Souircewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediateliy upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or Z. Federal, state,, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order willl be determined by the Participating Entity making the purchase. Rev. 3/20,22 5 7166 DocuSign Envelope 0C BDEC4126-6FAC-46D 1.9053-DBOB9B 12BOCB 0 6 1-12 3-FF U 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The busiiness review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports,, performance issues, suipply issues, customer issues, and any other necessary information. B. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter,. Supplier must provide a contract sales activity report (Report) to the Souircewell Supplier Development Administrator assigned to this Contract. Reports are, due no later than 45 days after the end of each calendar quarter, A Report must be provided regardless of the number or amount of sales during that ,quarter (Le., if there are no sales, Supplier must submit a report indicating no sales, were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address, • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Suppl':ier, B. ADMINISTRATIVE FEE. In consideration:for the support and services provided by Sourcewell, the Supplier will pay ain administrative fee to Sourcewell on all Products p,rovided to Rev. 3/2022 6 7167 Docu&gn Envelope ID.BDEC4126-6FAC-461)1-9053-C)BClB9Bl2BOC8 061 323-TFI-1 Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating, Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewefl for a two (2) percent administrative fee multiplied by the total sales of all Products purchased by Participating Entities under this Contract during each calendar quarter. Labor performed in relation to this Contract shall not be included in the calculation of total sales for purposes of the Administrative Fee. Payments should note the Supplier's name and, Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. If a Participating Entity requires an, administrative fee from Supplier, Supplier may offset the Participating Entity administrative fee from the 2% Administrative Fee Supplier pays to SourceweII under this Contract. Notwithstanding anything to the contrary, Supplier must pay Souircewell a minimum Administrative Fee of 0.5% on Products provided to Participating Entities under this Contract regardless of the administrative fee percentage charged by a Participating Entity. Supplier agrees to cooperate with Souircewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, SourceweIl reserves the right to cancel this Contract and reject any proposail submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal, If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Solurcewell in writing, 101. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT, Pursuant to Minnesota Statutes Section 16C,05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the Rev. 3/2022 7168 DOCUSipEnvolopeO BDEC4126-6FAC46D,1-9053-DBoB96l2BOC8 06 1 323-fl-1f end of this Contract, This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract, B. ASSIGNMENT, Neither party may assign or otherwise transfer its rights or obligations uinder this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonablly withheld. Any prohibited assignment will be invalid. C. AMENDMENTS, Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER, Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such, right. Any such waiver must be in writing and signed by the parties, E. CONTRACT COMPLETE, This Contract represents the complete agreement between the parties. INo other understanding regarding this Contract, whether written or oral, may be used to bind either party. For ainy conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP, OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent, 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Source,well and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewelll or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services, under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12.GOVERNMENT DATA PRACTICES Supplier and Sourcewellil must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sour,cewe,lI Rev. 3/2022 8 7169 Docu&gnEnve lop elD BDEC41266FAC-46D't-9053-DBOB9BI12B9C8 under this Contract and as it appilies,to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a, Sourcewell grants to Supplier a, royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materiais,for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 1, Limited Right of Sublicense. The right and license granted herein includes a, limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively"Permitted Sublicensees"') in advertising and promotional materials,for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense grainted will be subject to the terms a;nd conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicenisees, 3. Use,- Quality Controt. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, web sites, and the like bearing the, other party's name or logo (excepting Sourceweli's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to, SourceweWs writteni, directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releaises, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, pubiications, or services provided resulting from this Contract. Rev, 3/2022 9 7170 DocuSign Envelope ID: BDEC4126-BFACA6[)1-9053-DB069Bl2BOC8 6 132 3-IJ"U C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Source,well. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourceweil:i endorses its Equipment, Products, or Services. 14. GOVERNING LAW,JURISDICTION,AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceediings arising out of this Contract, or its breach, must be in the appropriate state, court in Todd County, Minnesota or federal court in Fergus, Falls, Minnesota. 15. FORCE M'AJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control, A party defaulting under this provision must provide the other party prompt written notice of the, default, 16. SEVER,A,BILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal,, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. if the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed, 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispuite within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties, 2. Escalation. If parties are, unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Suppilier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed Rev. 3/2022 10 7171 DocuSign Envelope ID,BDE 4126.6 FAA-46DI-9053-DBOB9Bl2BOC8 06 13 2 3-T F tJ work, the Supplier will bear any additional costs incurred by Solurcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating, Entity order under this Contract, in defauilt: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party ciaiming default must provide written notice of the default, with 30 calendar days to cure the default,, Time allowed for cure will not diminish or eliminate any liability for liquidated or other, damages. If the default remains after the opportunity for,cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain, insurance policy(ies,) in effect at all times during the performance of this Contract with insuraince compainy(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1, Workers'Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability insurance: must be provided in amounts not less,than listed below: Minimum limits:. $500,000 each accident for bodily injury by accident $,5001,000 policy limit for bodily injury by disease $,5001,000 each employee for bodily injury by disease 2, Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad thian the insurance Services Office (150") Commercial General Liability Form, CGO001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage Must be maintained during the term of this Contract. Minimum Limits: Rev. 3/2022 11 7172 Docu&gn Envelope ID Bf.),EC4126-6FAC-46D,1-9053.DBOB,9Bl2B� )C8 061 123- 1 FUI $1,0010,000 each occurrence Bodily Injury and Property Damage $1,01010,000 Personal and Advertising Injury $2,000,000 aggregate for products liability-completed operaitions $2,01010,000 general aggregate 3, Commercial Automobile Liability Insurance, During the term of this Contract, Supplier will maintain linsurance covering all owned, hired, and non-owned alutornobHes in firnits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,0 0,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over IEmployer's LiabHity, Commercial General Liability, and Commercial AutornoWle, Minimum Limits: $2,000,000 S. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed oin another form of liability coverage or written on a standalone policy, The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a compluter virus, or denial of service. Minimum limits: $2,,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for clefaLflt. B. CERTIFICAT r ES OF INSURANCE. Prior to commencing under this Contract, Supplier Must furnish to Sourceweli a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewelil, 202 12th Street Northeast, P,01, Box 219, Stapiles, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract, The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewelli, or failure of Supplier to provide, certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. Rev. 3/2022 12 7173 Dociu&gn Envebpe 111 BDEC4'¢26-6FAC,',-46DI-9053-F,)BOB,9Bl2BC,)C8 06 13 23-IT-1 C. ADDITIONAL INSURED, ENDORSEMENT AND PRIMARY AND, NON-CONTRIBUTORY INSURANCE CLAUSE, Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The pokcy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insuraince, or self-insurance in, 'force for the additional insureds, D. WAlVER OF SUBROGATION, Supplier waives and, must require (by endorsement or otherwise) a,ll its, insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors, Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcointraicto,rs. E. UMBRELLA/EXCESS LIABI LITY/SELF-I NSU RED RETENTION. The limits required by thin Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS, Ali Equipment, Products, or Services provided under this Contract must comply fully wfth applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold:. B, LICENSES, Supplier must maintain a valid and current status on all required federal, staite/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities, 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Suppliier certifies and warrants that it is not in bankruptcy or that it has previously clisdlosecl in 'writing certain information to Sourceweli related to bankruptcy actions. if at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify SourceweH in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded From programs operated by the State of Minnesota; the United States federal government or the Canadian Rev. 3/202'2 13 7174 DocuSign Envebpe ID:BDEC4126-6FAC-46D 1-9053-E)B0B9e12B0C,8 061323-1 HJ government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither ft nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time, 21. PROVISIONS FOR NON-UNIITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL,AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal! Awards, 2 C.F.R. § 200, Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references, to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY, Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in, accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41. C,F.R, § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," The equal opportunity c9aiuse is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.SX., § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R, § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"), In accordance with the statute, contractors must be required to pay wages to laiborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors muist be required to pay wages not less than, once a, week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage, determination. The non-federal entity must report all suspected or reported violations to, the federal aiwarding agency. The contracts must also incluide a provision for compliance with the Copeland "Anil-K ckback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations(29 C.,F.R. § 3,, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that Rev. 3/2022 14 7175 DocuSugn Envelope 6D: BDE`C41126-6FAC-46D1-9053-DB0B9B12B0C8 06 l 323-YFU each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of plub,li'lc work, to,give up any part of the compensation to which he or she is otherwise entitled, The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND, SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all) contracts awarded by the non-federal entity in excess of$100,0,00 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F�R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40, hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a, rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U,S,C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements, do not apply to the purchases of supplies or materiails or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above, D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award, meets the definition of"funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C,F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts,and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of ain award for all contracts by Solurcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q,) AND THIE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts, and subigrants of amounts in excess of$1S0,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C, § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C- § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with appficable, requirements as referenced above. Rev. 3/2022 J.5 7176 DOCL&gnEnvelopelD BIDEC4126-61FAC-46D1 1-90:53-DBOB98121BOC8 0 61]3 2 1- l F t,j F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 126,8l9). A contract award (see 2 C.F.R. § 1801,220) must not be made to parties listed on the government wide exclusions in the Systern for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluided by agencies,, as well as parties declared inelig,ibile under statutory or regulatory authority other than Executive Order 125,49, Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, G. BYRD ANTI-LOBBYING AMENDMENT, AS AM EN DEG (31 U.S.C. § 1352). Suppliers roust file any required certifications. Suppliers must not have used federal appropriated funds to play any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress, in connection with obtaining any federal contract, grant, or any other award' covered by 31 U.S.C. § 1352. Suppliers must disclose, ainy lobbyingwfth non-federal funds that takes place in, connection with obtaining any federal award,. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352). H, RECORD RETENTION REQUIiREMENTS. To the extent applicable, Supplier must comply withh the record: retention requirements detailed in 2 C,F,R, § 200,333, 'The Supplier further certifies 'that it will retain all records as required by 2 C,F.R" § 200,333 for a period of 3 years after grantees or subgrantees submit final expenditure, reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed, I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act, J, BUY AMERICAN PROVISIONS COMPLIANCE, To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act, Purchases made in accordance with the Buy Arneirican Act miust follow the appilicable procurement rules calling for free and, open, competition. K, ACCESS TO RECORDS (2 Cll`,R. § 200,336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of rnalkling audits, examinations, excerpts, and transcriptions, The Rev. 3/2022 16 7177 DocuSign Envelope ID.BDEC4126-6FAC-4()Dl-9053-DBOB,9Bl2BOC8 0 6 1.12 3-TF L right also inciudes, timely and reasonable access to Supplier's, personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R, § 200322). A non-federal entity that is a state, agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds, $10,000 or the value of the quanitity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEALS), LOGOS, AND FLAGS, The Suppher cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT, The U,S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or ainy purchase by an authorized user, O. PROGRAM FRAUD AN,D FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S,C. 38 (Administrative Remedies for Failse Claims and Statements) applies to the Supplier's actions pertaining,to this Contract or any purchase by a Participating Entity, P. FEDERAL DEBT. The Supplier certifie's that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments, Q. CONFLICTS O,F INTEREST, The Supplier must notify the U.S. Office of General Services, SourceweH, and Participating Entity as soon as possible if this Contract or any aspect r6lated to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 2001). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested, R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, ir-nust comply with U.S. Executive Order 13224 and U.S, Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated, with terrorism. Rev. 3/2022 17 7178 DocuSign Envebpe 0:BDEC4126-6FAC-46Dl-9O53,-DBO89Bl2BOC8 061 323-'rf:t,J S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with apphcable requirements of 2 C.F.R. § 200 216, T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 CFR, § 200,322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without, cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Cointrac�t does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Solurcewell Tarkett U'S,A Inc. 00cusigned by DocuSigned by: COFMA139101064,q9 By: By: 4307�0 D Jeremy Schwartz Rusty Joyce Tithe. Chief Procurement Officer Title: President-Commercilal 811.0120,23 l 3:24 PM CDT 8/10/2023 1 12:40 PM POT' Date; Date: Approved: Doou Sig1ned by, (h"J'K By: E �601044454 Chad Coauette Title: Executive Director/CEO 8/1.1/2023 1 8:!04 AM CDT Date: Rev, 3/20,22 18 7179 Oocu&gn Envelope ID BDEC4126-6FAC-46Dl-9053-DBOB9Bl2BDC8 RFP 0611323 Flooring Materials, with Related Suppilies and S'ervi'ces Vendor Details Company Name: Tarkett USA Inc. 30000 Aurora Rd Address: Solon. Georgia 44139 Contact John SurnHn EmaiL John,Sumlun@tairkett-com Rhona: 706-281-2791 Fax: 706-259-2657 HST#: 63-1185575 Submission Details Created Om Tuesday April 25, 2023 08:06:51 Submitted Om Tuesday June 13, 2023 12:26 11 Submitted By: John SurnHin Email John SUMiin@tarkett,corn Transaction 743e79e,7-dff6-459e-805e-cOa59b52afef Submitter's IP Address: 104.129.207.98 Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc 7180 DocuSign Envelope ID: BDEC4126-6FAC-46Dl..9O53-DBOB,gB,12BOC8 Specifications Table 1: Proposer Identity &Authorized Representatives General Instructions(applies to all Tables) SOUrcewell prefers a brief but thorough response to each question Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond"W"lf the question does not apply to you (preferably with an explanation), Question, 1 Response 1 Proposer Legal Name (one legal entity only)� Tarkett USA Inc. (in the event of award, will execute the resulting contract as "Supplier") Identify all subsidiary entities of the Proposer Johnsonde by Tarkett whose equipment, products, or services are included in the Proposat. 3 Identify all applicable assumed names or DBA Tarkett, Johnsonite, f.k.a Tandus Centiva names of the Proposer or Proposer's subsidiaries in Line I or Line 2 above 4 Provide your CAGE code or Unique Entity QJQCMQY6HRF5 Identifier (SAM): 5 Proposer Physical Address: 30000 Aurora Road Solon OH 441139 6—Proposer website address (or addresses): www,tarkeft,com 7 Proposer's Authorized Representative (name, (Rusty Joyce, President-Cornmercial tifie, address, emaH address & phone) (The 130000 Aurora Road, Solon OH 44139 representative must have authority to sign 'Rusty Joyce@tarkeftrCOM the "Proposer's Assurance of Compliance" on 706-281-2730 behalf of the Proposer and, in the event of award, wilt be expected to execute the resulting contract) 8 Proposer's primary contact for this proposal John Sumlln, VP Strategic Accounts, Education l(niame, title, address, emait address & phone). 30000 Aurora Road, Solon OH 44139 john.:sumlin@tarkett.com 404-431-2131 9 Proposer's other contacts for this proposal, if Jamie Collins, Sr Contract Sales Support Specialist any (name, title, address, email address & 1735 Cleveland Hwy, Dalton GA 30721 phone): jamie.collms@tarkeft com 706-281-2730 Table ZA: Depth and Breadth of Offered Equipment Products and Services Response 10 Provide, a detailed descripfion of the The Tarkett family has grown strategically through the years to provide the industry's products, and services that you are offehng most comprehensive portfolio of sustainable flooring solutions, Service solutions in your proposal, including cuffing-edge design and technologies from Johnsonite and formerty Tandus Centva, Ail the same great flooring and accessories you've trusted for years, now offered within the Tarkett Solution SPECtrum'" Modular Carpet Tiles & Planks 2424, 18x36, 9x36 sizes PVC Free +, Cushion Backed Options EthosO Modular Backing with Omni-Coat Technologyr" PVC Free, Silver C 2C, eliminates pH, PH and MVER testing! Flex-AireTll: Cushion Modular the only 100% recyclable sustainable cushion in the industry. Acoustic enhancements, Comfort underfoot; Extended Performance„ Ergonomic + Cost Saving benefits, e.g., Sit-to-Stand De:sk#ng Solution Powerbond@ A 60" VV rolled good carpet, standard with an attached, closed-cell cushion and is closed loop recyclable. This patented process fuses our proprietary cushion backing to a carpet face, creating unparalleled performance and design capabilities Powerbond(D has proven performance for over 50 years in: extreme heavy traffic areas such as airports, stadiums, educational and healthcare. facilities Provided no free liquids are present, no moisture vapor emission rate (MVER) or Bid Numbec RFP 061323 Vendor panne Tarkett USA Inc. 7181 DocuSign Envelope 0 BDEC4126 6F4C 46DI 9053-DBOB9812BOC8 reNaiive humidity (RH) testing us needed reducing install costs and time Prrweroond is irripenneable to moisture welded searns create wall-to-wall moisture carrier. Broadroorn Tarked manufactures award-winning designed broadiioarn and a reputation for superior quality Our tufted broadloom rapdornaes sophisticated design and work in tandern with aiiJ Tarkett soft and hard surface platforms offering solutions for Workplace, Senior Lwing, Healthicare, Hospitakily and Education Mrittiple backings support performance, budget and acoustic requarernents Woven Tarkett's wovens represent the ultimate in luxury and performance Drawing on weaving techniques handed down through centuries, our design tearn's contemporary approach to woven broadloom offers an elegant, high end aesthetic in a vast range of designs and cogorvvays for the fractional luxury component in any commercial environment. Luxury Vinyl: Tiles & Planks (LV'Ti Tarkett LVT offers a wide range of sizes shapes textures and patterns designed to withstands heavy traffic, with extra resistance to scuffs, scratches and slarns. Our patented withstands- bTII advanced polyurethane technology is a massive shift forward ire performance for hard surface floots. Fechtonic offers 401% better scratch resistance, 18% better abrasion ressstanire, and 50+ mirflion square feet delivered withouit a clairn for scratch, scuff, abrasion or performance, amazing' Even Plane LVT a non,woven fiberglass layer resists indentation and absorbs the sound of nearby foot traffic 30% better than building code requires, helpnng create quieter, more productive workspaces. Install Even Plane alongside carpet file without transition striips-- for additional comfort and delineation of space. VV[lh a 32- mil wear layer and state-of-the-art Techtcnl&�.D protection, Even Plane raises the grade on performance, while keeping your feet on even ground Abbott LVT with SureSetlw technology is dessgned to drasMaHy reduce the tirle and expense of your next f'lloor iinstaltationn. A urnquie sculpted wave backing system allows air and moisture in the subfloor to breathe. Pressure-sensitive adhesive is pre- applied in the factory, SO no glue is required on sate. Tiles and planks stay in place, yet can also be repositioned when necessary, making installation quick, easy and flexible. Vinyl Sheet and Tile Tarkett Vinyl Mooring combines a broad portfolio of patterns and colorways with high perforniance for schools, hospitals and other high traffic, areas From heterogeneous sheet composed of several layers, including a ionnted sheet for limitless design possibilities, to homogeneous sheet and tile with a through pattern, Tarkett's portfolio is high performing and low emitting, contributing to a safe and healthy indoor environrnerit, Linoleurn One of the most natural and sustainable flooring solutions on the market, Tarkett linoleum has been appreciated for !its natural beauty, comfort and durability, for over 150 years. Our hricieum is made frorn 94% natural raw rnatenals (finseed oil, wood ,and cork flour, and resins) and is treated with our unique xf2 surfaice protection for durability, easy cleaning and cost- effective maintenance Tarkeft Inideum is the world's first to be certified Cradle to Cradle. Rubber Flooring Tarkeft rubber flooring offers the largest collection of coloirs, patterns and textures in the industry Naturally slip resistant, shook absorbing and underfoot comfort, Tarkett Rubber flooring is perfect for environiments that require high performance, durability and acoustic enhancement Tarkett Rubber has endless custom capabilities perfect for branding and way finding Composition Tote Composition ties provide econornic value and a multitude of :patterns, colorways and quality options to crpinmize performance across a number of high traffic installabon areas, Composite tiles are budget friendly and withstand heavy foot and roll traffic Low-emitting, composite tile contribute to, the safety and health of every space Static Dissipative Vinyl Sheet and Tile Tarkett is a global leader in staric dissipative, and static conductive flooring solutions engineered to keep sensitive enviironments such cornputer rooms, data renters, iaboratones, clean rooms and ESID-sensitive areas in hospitals and the electronics and equipment they house safe Our SDT !solutions cover a range of product categortes designed to coordinate with colorways and products with in the Tarkeft Solution SPECtrUni r'A Sports I Multi Function Flooring From MUltkuse gyrni Flooring to competitive basketball courts anid yoga Studios, sports surfaces need to be adadled 'lo different activities and ieveis of corripetition. With every sports flooring SOiUb0i'l, WP prolvide the knowledge and expertise to rnake each project a success 'Specialty Applications There are often special: spaces within a cornirnercaal Bid Nurnber: RFP 061323 Vendor Name Tankett USA �nc 7182 DocuSign Envelope JD BDEC4126-6F:AC-,46Dl-91],Ci,3,DBClB9B12BolC8 environnierrt that need unique Mooring soUioris to opfinnize pertormance or contribute to safely Tarkeft offers solution s for Acoustics JEnhanced sllip resNslance I Resistance to oil and grease I Electrical resistance and static drssipafion Safe egress I Tarkett's portfoho of specrafty flooring coordinates with all Tarkea products "Bail Base T r hat derail between the wail and the floor that brings the whole space together. Our portfolio of options is the strongest on the Industry, Tarkett offers more ,profiles, colors and finishes to, compliment your intenor space than any other flooring manufacturer Cur wall base product lines are designed to perform, contribute to �safety and reduce install schedules. If an arch itect u ra l/woo,d detail is desired Tarkett Mfllwor0) is a perfect solution, eliminating variable fabrication costs and assuring :reduced maintenance Costs Millwork0e, Masquerade offers endless custom capabilities to match fimshes, or unique, branded design Stairwell Management Proper staurwelt management minimizes risk by baiancing safety and performance leading to a measuiraice long- term return. Our Integrated stairwell management system Includes iruubber and vinyl treads, nosing and accessories that enhance the flow of a space aliowrog people to move safety and oomfortably. Available In a broad array of profiles, textures, patterns and colors to compliment Iirterior finishes arid architectural details, Finishing Accessories In high-performance environments, every element works �together to create synergy Interior designs must ineet the recommendations of the Americans with Disabilities Act (ADA) To help, we offer an entire family of finishing accessories that wiII romply with regulations while complementing the existing finish elements instaPatrons Accessories From Tarkett TAIPEI"' for floating, configurabiIe modular carpet instaflations to RoUSirrarl"', an easy-to-apply LV7 adhesive that facilitates faster installation, we nneasure the total cost of Installation and ownership and to Improve productivity and reduce cast Turnkey Installation Services Source One) Servrces channels, at the intricate details of flooring management and installation to professional partners for a complete turnkey, solution Source One handles the complexities of flooring trans-formations, from inception through completion, including estimating services, proposals and order entry, Single purchase and contact point, Product design and manUfactuhnig, Flexible, preferred flooring procurement, furniture lift, delivery and installation, existing flooring recycling, maintenance training, long-term, onsite support, Irnagu nations I" Custom Design Logo and inset Floor Program We have attached a product brochure as weil, or you can access via httpis Utarkett- my sharepointcomi b/pfjohn_sujmlitiiIESBUxO5S'rBFHsKw77sMlwrA8wY4PvTgeBppcMag Xt3JMIRw7e=:bORzKc What levels of service (material only, turnkey, Tarkett is proposriing� other) are being proposed? *Material only orders *Turnkey Installation Services through 'Tarkett Source One Department *Flooring Contractor supported sales 'Floor Care Maintenance Services provide by Solide Care 12 Does the response include installation Yes services? 13 If the answer to Line #12 above is Yes, We support a diverse and highly qualified network of flooring contractors including describe in cleti@4 the Wowing elements MWBE designations to, help with particripating agency needs for MWBE set side (Lines #14-16) of installation services, dollars and localll business investment. Tarkett also created the first manufacturer lead Installation services group in the undiustry'. Blockbuster Video came to us in late 1980s, seeking a mufti-site solution that allowed them to use our Powerhond 6' carpet product with installation services with one point of contact, combined material and uabor warranties, and niufti-site project management Our Source One services was then created and has grown substantiatly The industry has followed, and most major mills now offer a "Source One" like turnkey service solution, 14 How does this Participating Entity select an Y -Tarkett supports the participating agencres willingness and desire to support any of Installer? our install options covered in our answer to question 13 If a preferred dealer as not currently "approved" Tarkeft ran evaluate arid add dealers to our network to support iparticipating agencies. Bid lxiumber: RFP 061323 Vendor Name. Tarkett USA Inc 7183 DOCUSIgn Envelope ID BDECA126-6FAC-46D1-9051 D1309B 1 2BCC8 '115 How does Proposer ensure installers, are Tarkett has an approved list of flooring contractors across the US which is an trained, experienced, and 'fully licensed within attachment. We do business with these instalters, and maintenance providers on a jurisdictions, where work is performed? regular basis across all our segments (Workplace,, Health Care,, Hospitality, Retail, EDIGOV and more) This relationship over decades has built the best network of independent flooring contractors in our industry, We provide ongoing training and issue them credit to buy our materials, which is updated yearly We also offer Tarketts turnkey services under the Source One Department. Source One has worked with most of our Installation Partners for many years. When we do bring on a new partner, we vet their experience with all types of products; we also have one of our extensively trained Field Installation Coordinators on site for the new partners first job with us. This allows us to personalty confirm they are performing up to our expectations, provide on-site training, or answer any questions, When the Participating Entity is contracting directly with Tarkett for the materials and installation, we maintain up to date licensing for all US, States as required. 15 Does Proposer have a standard installation Yes All of Source One's Installation Partners are required to sign a Sub-Contractors agreement it will require Participating Entities Agreement, a copy is browned in the upload section to use? If so, please upload a copy with response, Table B. Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types of products or services are offered within your proposal. Provide additional comments iin the text box provided, as necessary. FLTn-eiem 'ate ooyoirf*pe 17 Resilient I Yes r No 18 Ceramic G Yes Ceramic options willi be made available ir No on a case-by-case basis as a Furnish and instalt (F&i) allowance allowing flooring contractors and Source One to provide, these materials to satisfy a project that includes Tarkett manufactured materials. This service allows convenience and one stop shopping for Sourcewell participating agencies. This is available on our current Sourcewell offer and has proven to be an asset to the, participating agencies. Flooring projects have many variables, our offer is best in class at creating a program that can be ,adapted to these variety of needs better than any supplier in the industry. 19 Porcelain Tile r- Yes Porcelain Tile options will be made r No available on a case-by-case basis as a Furnish and Install (M) allowance allowing flooring contractors and Source One to provide these materials to satisfy a, project that inctudes Tarkett manufactured materials. This service allows convenience and one stop shopping for Sourcewell participating agencies This is avaiiable on our current Source-well offer and has, proven to be an asset to the participating agencies. Flooring projects have many variables, our offer is best in class at creating a program that can be adapted to these variety of needs better than any, supplier in the industry. 20 Wood r Yes No i21 Hardwood r Yes r No 22 Laminate r Yes r No 23 �Rubber r- Yes r No Bid Number: RFP 061323 Vendor Name, Tarkett USA Inc. 7184 DocuSign Envelope ID:BDEC4126-6,FAC.-46Dl-,9053-DBOB93l2BOC8 24 Vinyl r Yes r No 25 Broaft Yesom r, r No 26 Carpet THe r. Yes * No 27 Epoxy r Yes Epoxy options will be made available on * No a case-by-case basis as a Furnish and Install (F&I) allowance allowing flooring contractor's and Source One to provide i these materials to satisfy a pro ect that I includes Tarkett manufactured materials. This service allows convenience and one stop shopping for Sourcewelt participating agencies This is available on our current SourceweH offer and has proven to be an asset to the participating agencies. Flooring projects have many variables, our offer is best in class at creating a program that can be adapted to these variety of needs better than any supplier in the industry. 28 Flooring hybrids r Yes r No 219 Floor mats r' Yes r. No 30 Rugs r Yes r No 31 Supplies related to the removal, r Yes installation, maintenance, restoration, and r No cleaning of floorings materials complementary to the offering above (Lines #17 - 30) 32 Services rebated to the removal (including r Yes Yes - Tarkett ReStart program offers take back and recycling), installation, r No recycling and landfill diversion. maintenance, restoration, and! ctearring of flooring materials complementary to the R is highly important to include floor care offering above (Lines #17 - 30) into a flooring project and a, flooring contract. Appropriate flolorcare ensures that the floor materials are properly maintained for long term, appearance retention , This offer does not include custodial care, which is the daily responsibility to remove dirt and trash from a space. We have outlined specific maintenance requirements and (procedures, including cleaning schedules, product recommendations, and any necessary repairs or replacernents. This (not only helps prolong the life of the flooring, but also helps protect the investment made in the flooring material and installation. Table 3: Pricing Offered Une The Pirlicling,Offered,In,fts,Proposal,Is- 33 c better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. Table 4: Pricing and; Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made duringi the term of an awarded Contract as described in the IRFP, the template Contract, and the Sourcewell Price and Product Change Request Form. ...........____............................... Bid Number, RFP 061323 Vendor Name-, Tarkett USA Inc 7185 Doci..iSign E'nveiape ID.BDEC412 ..6F C-46D'I-90 3-CtB6 B9B,,n2C-3,nrC ... ..... , ........ _......,.... .... . 34 Describe youir pricing model ye g. tune-,teal discounts or� Tarkett's pricing model is a hire tern discount off the market list product-category discounts), Provide detaoted pricing data price. The discounts range vaurwes by product line with the greatest Q ncludrng standard or Vest pricing and the, 'S'ourcewelV discounts offered on produict solutions in greatest demand. Our discounted pricey on alll of the items that YOU want product catallog shows the productistyle name list price, discount off Sourrewell to consider as part of your RFP response, If list and member price per unit Pricing is structured to applicable, provide a SKU for each item in your proposal accommodate the smaillest need (i.e one carton) up to large Upload your pricing materials (if applicable) w the renovation protects. Tarkett will treat each protect independently and docurnent upload section of your response consider market conditions, vokime, project scope to offer best value pricing on every yob 'wrCa"e are a quality material manufacturer that specializes in suppling cornmercoal grade materials We are ideally suited for the participating agency members at Sourceweil Our labor price list offer an extensive sellection of services To cower all areas with varying eckinomic trends, we provide a ftoi Exceed Price for eachservice in a format including 7 specific regions of the U S. iidentiifiied by states included m each) This pence list will alllow any entity to budget a project, knowing it will not exceed the price in their region. The labor scheduie aNbwws f'oir standard rates as well as prevaiiling wage _ __.._._......__w._..__. 35 If Proposer is Including installation services within its Our extensive Iiist of services allows our approved flooring proposal, please describe how installation services will be contractors and our in house installation group (Source Cne) to priced, including applicable labor rates that may, apply. How bream any project down item by item for a comprehensive proposal will Proposer address any prevailing wage irequirements; of showing products and installation. Our Labor Price List includes Participating Entities? Prevailing °w°tdatge pricing for every service in every region Sourcewwell Serves Our approved flooring contractors and Source Cine instalfatuon Partners_ are hxghWy brained managing this type of project. 36 Quantify the pricing discount represented by the prrcmg Tarkell is providing a discount Taff 11Ist pribiing. Percentage discounts proposal In this response. For example, if the pridng in vary depending on product piatorm with the greatest discount your response represents a percentage discount from offered for the most popular styles members use. MSRP or list„ state the percentage or percentage range. fM'oduiar Tile. 28 to 52%, Powerbond: 29 to 57% Luxury Vinyl Tile 27 to 51 Resilient (;including but not Irmited to sheet vinyl, rubber, wall base'): 2'0 Broad loom"1i'Voven: 23 to 49"�J ..........d_ _. i37 Describe any quantity, or voluime discounts or rebate Tarkett"s pricing is a not to exceed per line item, further discounts programs that you offer can be offered to members based on order quantity, fob location and other market factors that will offer further savings.. 33 Propose a method of facilitating "sourced" products or Tarkett has the most comprehensive commercial flooring product Ilrne rebated services, which rnary be referred to as "open in the industry, for the few materials we do not make we use a market' items or "nonstandard options". For example, you furnish and knstali allowance This Iperrruits a participating agency may supply such kerns `at cost' or "at icost pius a member to comptete a flooring project with mater0is we may not percentage," or y'owi may supply a quote for each such manufacturer but are needled' to complete the project "Slime do not request. include every fiooring option, but a majority of what a participating agency member needs to complete a flooring (project are Included. 39 Identify any element of thetotal cost of acquisition that is We have made every effort to include all cost associated�with�a� NOT included in the pricing submitted with your response, commercial flooring protect. In some cases, orders may be subpect This includes all additional charges associated with a to a roll out charge or a Lift gate charge. Pricing does not include purchase that are not directly identified as freight or the California AB2398 Carpet Stewardship Assessment Fee or shipping charges. For example, list costs for Items like pre- taxes and, will be add should it be applicNabte. delivery inspection, installation, set up, mandatory training, For Source One 'Turnkey service proposals we wit Vinclude all or initial inspection Identify any parties that noose such services necessary for a protect based on a site visit performed! by costs and their relationship to the Proposer, our installer. We work diligeintly to avoid any need for Change Orders, although they sometimes dome up uine pectedty during a protect (for example: upon Removal of existing ftoorcovenng, a need for extensive Floor Prep may be identified due to a problem that was not originally visible). Each proposal will also include a Vist of exclusions for the customer's convenience. The customer wit see a fult cost of each project on their proposal, including freight„ sales tax, and even the California Assessment Fee for jobs in that state. 46 If freight, delivery, or shipping is an additional cost to the Tarkett USA inc. uses Independent, third-party, freight carriers to �Sourcewell participating entity, describe un dletail the deliver its products. Product pricing does not include freight and will complete freightl shipping, and delivery program be prepaid and added! as a separate line itern on the invoice. 41 Specifically describe freight, shipping, and delivery terms or Tarkett..USA Inc. uses independent, third parity freight carriers to _ _.I programs available for Alaska, Hawaii, Canada" or any deliver its products. Product pricing does not include freight and will, offshore delivery. be prepaid and added as a separate line item on the invoice. Bid Nurttber I FP 061323 Vendor Name Tarkett USA Ynr 7186 Dor uSlign ErriveCope ID D E,C 4126-f`aFA(",-46Dl-gC)5;t•C.sBOB9Tf'l2Eflf 8 42.___ Describe any unique distribution and/or deivery nrethods or The approved dealer panniers servicing Sou'rn.eweli members and options offered in your proposal their Nocall markets have access to Tarkett and ,fohnsonite resiiiient inventory u"uaintained by over 275 Tarkett distribution partners across the u^,ountry, in addition to the stock at Tarkett warehouses. This supports Basler delivery for many products and reduces lead toles. Tarkeh drst6butor's receive shipments at least vveekd''y to replenish stocked items as well as those needed on a protect basis This distribution network offers End Users some freight costs ,savings due to scheduled pool truck delvers that create economies by pooling shipments and imaxir iziinig freight discounts Tarkett has pettected this delivery system. 'Table : Payment Terms and IFinancing Options une puosfloo Responsok 43 Describe your payme.ot terms and accepted payment Tarkett accepts the payment methods bebw: methods. t4r'ire ACH Mailed checks Online payments via Bill Trust - Customers can pay here with a credit card or directly from their bank account for no additional fee. This option does require members to register for a no cost ENNI Trust account. There are no service fees for airy payments, however there is a S d,000 GO ilmit on payments by credit card 44 Describe any leasing or financing options available for use Tarkett does not offer any teasing or financing options to, educational by educationaiI or governmental entities, or governmental entities 45 Describe any standard transa'ctio;n documents that you We have uploaded our standard terms in the document section. propose to use un connection wrlh an awarded contract The document further defines area Nike: (order farms, terms and conditions, service level 'Minimum Order requirements agreements, etc;) Upload a sample of each (as 'Overages applicable) in the document upload section of your 'Cu torn Products response Asbestos Abatement. "door Preparation 'Labor Exciusions 'Lead frees. _ *Returns/ anoeNNa4ions _ 4E Do you accept the P-card procurement and payment � P*MsCards are accepted via oriiine Bit Trust,. This option does process? if so, is there any additional cost to Sourcewell require members to register for a no cost Bill 'Trust accoiu.urt#, There participating entities for using this process? m no additional service fee to pray with this option. Bid Number (OFF" 06132'3 Vendor blame: Tarkett USA Inc. 7187 DocuuSogn f nvelope It;t Table 6,: Audllt and Administrative Fee (row, Questil" Goose 47 Specifically describe any self-audit process or program that you Tarkett has a dedicated Alilance Nurnber that is used in p;an to employ to verify compliance with your proposed Contract tracking all sales to SourceweR members "iA+'e communicate with Sourcewe9l This process includes ensunng that Sourcewell this number to members and deader partners and it ensures participating entities obtain the proper pricing, that the Vendor that not only proper pricing is g'dven to members but also reports all sales under the Contract each quarter, and that the tracks all sales for reporting and payment of the CAS fee. Vendor remits the proper administrative fee to Sourcewell. Provide sufi"i6ent detail to support your ability to report quarterly sales to T'arkett's local account representatives will also randomly Sourcewe,ll as described in the Contract template audnt the installing contracdors that buy flooring and provlde seMce to the Sourcewell member to ensure contract comploanuce and uundeu tanchng. The Sourceweil member must make It clear that they have the `desire and abitlty" to use the agreement on their Purchase Order and other order communications. 48 if you are awarded a contract, provide a few examples of internal Tarkett will review quarterly sales figures to assess our metrics that will be tracked to measure whether you are having success with the contract. We will review orders randomly to (success with the contract, ensure that proposers are compliant with our contract, 'We continue to improve and refine our go to market strategy based on our successes and failures. 49 identify a proposed administrative fee that you wild pay to 'farkett USA lnc, wwil offer Sourcewell a g% contract Sourcewell for facilitating, managing, and promoting the Sourcewell administrative fee (CA) payable on net agreement i Contract in the event that you are awarded a Contract.. This fee sales of manufactured (product adjusted by credits The is typically calculated as a percentage of Vendor`s sales under the labor portion of this agreernent performed by our Contract or as a per-unit fee, it is not, a line-item addition to the dealers or Source One will not qualify for the fee rember's cost of goods (See the R P and terplate Contract for RartncupatBng Entities (Re, States or other paftiicipating additional details i agencnes) that sign a participating addendum to the Tarkett Sourcewell contract may demand their own administrative fee from Tarkett in addition to the Sourcewell CATr in the event that a participating entity demands a CAp from Tarkett, Tarkett will pay a maximum of 2% in CAIp total between Sourcewell and the participating entity. Tabile 7; Company Information and Financial Strength � 50 e a (brief history of your company, Tarkett's leadership position on the flooring industry is the result of tot➢ years of unduding your company's core values, experuence, and builds on the talent, values and commitment of generatilons of business philosophy, and industry longevity entrepreneurs. Tarkett, originally known as Allubert & Sommer, our h�erntage of related to the requested equipment, products performance and innovation (began in Parris in the late 1 00s. Through our or services acquisitions of Johnsonne. Tandus Centiva and Lexmiark, we've brought a complete portfolio under the Tarkett name that meets the needs of any market segment„ including kiospwtality, Workplace, Education„ Government, Healthcare, Retail, ulti- amnly and Residenbal. Win Tarkett you can easily select a flooring platform for the specific needs of every space---and design with materials that don't lust look beaalful, but function well. Our full palette of colors, patterns and textures is coordinated to work together visually across platforms, letfrng you easily carry a ;design aesthetic throughout an entire flloorplan While our methods have euoRved, our process shill begins with careful consideration of the goals held by those who Bove, work„ and play on our surfaces each day Taken together, we call our mixture of craft, science and purpose Tarkett Human Consciouus DesignSM And it drives everything we do, Tarkett Human-Conscious Design is our commitment to stand with present and future generations To create flooring and sports surfaces that are good for people and for the planet. And to do it every day by 1) 'Designing from a deep human understanding 2) Providing conscious choices for people and planet 3',l Remaining with you, every step of the way Bid Number RFP 061323 Vendor Name. Tarkett USA Inc. 7188 fCC'iaµii&gn Fnvell¢1pe Its dot EC4126. FAC:-46DI 905 I BO,BO,B12BOC8 St What are your company's expectations In the 'should Tarkett be re-awarded we expect to continue to maintain the high level of event of an award'? service and thought teadership ' currently provide Sourcewell Sourcewell and anurc lll' participating agencies. `We also expect to continue to collaborate with Sourceweti for marketing and trade shows as well as ateind Sourrewell events like Sourcewell ltniversilly and H2O SupplierIForurn Continuing these will further grow our partnership and will enhance the participating agencies experience using Sourceweil and Tarkett. Tarkett has continued to work with and collaborate with the SourcewelYt commodity managers and administrative staff. We have a history of consistent timely communication and cooperation building a strong relationship with Sourcewell and your participating agencies. These are 3 exampies of our thought leadership and collaboration: t) A recent endeavor was to create the Healthy Building Summit for Public 'Sector entities. 'Bringing together stakeholders around' planning, design" construction, studenVWwork life, sustainability" and maintenance to discuss what they learned in R VID was just the tip of the iceberg. The read emphasis was how we use what we learned arid) move into a coilaborati've consistency ofco-creation fostering new pathways to see an eartier future where all learning spares are considered healthy spaces The urgency to have the Education Healthy Building Sumrnit was driven by the growing, anmount of data that was collected through smart building technology" mental health data, and federal funding. This data exposed the demand for healthy buildings for all students. Several of these demands drove the initial conversation. Although indoor air quality and infection control were motor drivers" this was not the onty issue facing educatiionai facilities around the country dither drivers included. tNeurodiversrty and the recognition of a diverse student population requiring unique social-emotional learning) strategies, Cognitive loads and a clearer understanding of how acoustics and Moor air quality impact not only (learning and productivity, but also our relationships Biophitic Design and Daylight can both positively impact our stress bevels (measured as heart rate v nabafuty or HRV) and cucadian rhythm. This in turn can bead to stronger brain function, boost feetrngs of happiness decrease anxiety, and lower blood pressure. Funding Maintenance and deferred maintenance annual deficit crisis but also the impact that poorly maintained buildings have o poor indoor air quality and other health impRicatxons. 2) Tarked's track record of commitment to Thought Leadership in the marketplace is wellll known High performance buildings and schools use best-mn-class materials like Tarkett"s that can affect worker and student performance with better acoustics„ better thermal values in space, better Indoor Aiir Quality (1At3) andd lower maintenance costs Tarkett s long standing relationship with the Collaborative for High Performance Schools ( HPS) and with Ta tt`s board seat has introduced the high- performance ratrlg program to rourcewell. This has led to discussions aind an opportunity to create High Performance product offerings to K12 schools that can use best in class procurement sourcing (Sour df) and CHPS K12 Ibu0clingl rating system for hiigh performance facilities. The opportunity is an example of the thought leadership position Tarkett has in the market and the belief that strategic sourcing is a key to our success Our hope is Tarkett"s introduction will lead to a new chapter of great partnerships using great sourcing (CHPS, Sourceweit and Tarkett). The award of this PFP will continue to grow these relationships and others like it, 3t Another example of the Tarkett Sourcewell partnership dates to 2017 when the California Association of Business officers ( ASBO) signed a formal endorsement of NJPA. "The d ASBOIiNJPA partnership is a formal endorsement of the NJPA competitive solicitation and contract award process„" Schwartz said. 'It also provides an effective and fully supported pathway for CASBO members to access procurement solutions through fNJPA`s contract awarded vendors.' Tarkett Jandus Centrva at that tirnet mntrodiuced and drowse this endorsement with CASBO Tarkeft's. longstanding relationships at CASBO brought thus idea forward and help execute this endorsement. Sourcewell is now the Department of General Services ( GS) CMAS (California Mulhpie Award Schedule) contract, Tarkett and Sourcewell has benefited due to this work. The iNJPA press release is attached for reference. We hope to continue our tong and strong partnerships into the future. Tarkett"s vision is to continue to grow relationships that foster strategic sourcing and Sourcewell, We believe this makes us uniquely quay"ed to continue to grow Sourcewell and strategic sourcing. Bid Number,- RFP 061323 'vendor Name-, Tarkett USA Inc. 7189 DocuSignErvelopelD BDE4,,412&-6FAC-46Dl�9053-DBOB9Bl2BOC8 ...................---.................... 52 Demonstrate your financial strength and To demonstrate our financ4 strength and stability, we have attached our financial stability with meaningful data. This could statements Our Net sales for 2022 was 3,358 9 �rnillion Euros) and for 2021 was include such iterris as financial statements, 1,792 1 (million in Euros),. SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. 53 What is your US market share for the Market share data is difficult to gather and validate for that reason we are solutions that you are proposing? submitting estimates based on market research. Some of the data is thangulated and is only an estimate Carpet Roll 10+ % Carpet Tile 10+% Heterogeneous Sheet Vinyl 5% Homogeneous Sheet Vinyl 15% Linoleum 10% LVT (Luxury Vinyl T,4e) 10+% Rubber 7% VCT (Vinyl Composition Tile) 12+% W0 Base 51+% 54 What is Your Canadian market share for the Market share data is difficult to gather and validate for that reason we are solutions that you are proposing? submitting estimates based on market research Some of the data is triangulated and is only an estimate Carpet Roll 1 % Carpet Tile 10+11% Heterogeneous Sheet Vinyl 191Y. Homogeneous Sheet Vinyl 5811% Linoleum 7% LVT (Luxury Vinyl Tile) 4% Rubber 10+% VCT (Vinyl Composition Tile) 29+% Wall Base 34+% 55 Has your business ever petitioned for Tarkett has not ever petitioned for bankruptcy protection. bankruptcy protection? If so, explain in detail, 56 How is your organization best described is Tarkett is a manufacturer, a service provider through our Source One turnkey it a manufacturer, a di,stributor/dealer/reseller, services and a maintenance leader with our alliances m floorcarer or a service provider? Answer whichever iTarkett has a direct sales force of over 180 +- employee salespeople in North qUesfion (either a) or b) just below) best ;:America (please refer to 65&66 for additional) breakdown of our sales and service applies to your organization. teams). We have in house field inspectors, trainers, and technical support teams a) If your company is best described as that make our sales force the best in the flooring industry. We are segmented by a distributor/dealertreseller (or similar entity), vertical markets in our approach and strategy. We focus on Education and !Iprovide your written authorization to act as a Government as a core competency because of our unique high quality commercially 6stributor/dealer/reseller for the manufacturer focused line of flooring The industry has served residential Customers first and iof the products proposed, un this RFP. If commercial second for decades. Tarkett has served commercial sales first giving us applicable, is your dealer network a marketable advantage. Our Sales force serves Participating Agencies/End users independent or company owned? and our approved independent Flooring Contractor network with expertise and b), If your company is best described as recommendations for solutions in flooring. Our Source One group supports a a manufacturer or service provider, describe manufacturer direct service model if it is required by the End User/Participating your relationship with your sales and service Agency creating a seamless turnkey model, Our network of independent flooring force and with your dealer network in contracts gives us the, local feel that EDOGOV often requires. Our sages force delivering the products and services supports all these routes market giving us a consultative feel that a winning supplier proposed in this RFP. Are these individuals needs, your employees, or the employees of a third party? 57 Provide all "Suspension or Debarment' Not applicable - Tarkett has not had any suspension or debarment in the past ten information that has applied to your years. L_organization during the past ten years, I -- Table 8: Industry Recognition & Marketplace Success onse, � �.....��,.,. � .. .. �„�,.,�.,� �. Bld Number, RFP 061323 Vendor Name. Tarkett USA Inc, 7190 DocuSign Envelope ID:BDF-C4126.6FAC-46D1-9053-DBOB98,t2BOC8 58 Describe any relevant industry awards or 2023 recognition ghat your company has received - Green Good Design Award, Lino F Ioor/LinoWa I I and Inspired Nature in the past five years Interior Design NYCxDESIGN Award Finalist, Even Plane and IQ GraniiViQ Eminent Fishman Flooring Solutions Vendor Partner of the Year MetropolisLikes Award - Collab,rative Collection 2022 Metropolis LIKES (NYCxDESIGN), Renewal Series Interior Design (NYCxDESIGN), Renewal Series Metropolis LIKES @NeoCon, Inspired Nature Spaces4lLearning New Product Awards (K-12 and Higher Ed), 0 GranittiQ Eminent Arch titer A+ Product Awards Finalist, Inspired Nature Metropolis Planet Positive Award and Editor's Pick, LinoFloor/LinoWall Interior Design Best Hof Year Finalist, Inspired Nature and Q! Grantfia Eminent Good Design Award, Inspired Nature and LirroFIoor/LinoWaIll EFA Explo's Editor's Picks, Renewal Series Stamet Design Awards—included in multiple winning projects 2021 HiP Award Finalist, Workplace! Carpet category, Meta Firma Collection Best of NeoCon Ha:rd-Surface Flooring- Natural Materials, Color Splash Good Design Award, FlightPath & AirSpace, Tatami System 2020 EPA Encouraging Environmental Excelience Award - Middlefield facility Azure Magazine AZ Award Winner, 0 Mixonorni Interior Design Best of Year Finalist, Light Shift Collection NYCxDESIGN Award Finalist, Drop Cloth �2019 ASID Design Impact Award, Garden Walk at EFA Stamet Design Awards - Part of multiple winning projects Designer Pages Spec Stars http://med�a.designerpages.com/award-winners/ IIDA/HD Expo Product Design MergEmerge LVT in Flooring-Hard Surfaces Category Metropolis Likes Award, ID MIxonomi HiP Award for Hospitality Flooring: 0 Mixonomi HiP Awards Finalist in the Innovative Manufactunng Process category, Tatarni System HIP Awards finalist in the Workplace: Carpet category, Interleave and Composition Series HiP Awards finalist in the Workplace: Hard Flooring category, Drop, Cloth Best of NeoCon Gold in Carpet: Broadloom, Tatami System Buildings Product innovations Award Grand Prize, Tatami System Arch Records Product of the Year, Tatami System tnteriors+Sourcies: 20,,19 Readers Choice Awards, 0 Mixonorni Good Design Award, Tatami System and FlightPath & ArrSlpace Interior, Design Best of Year Award, 0 MIxonomi Interior Design Best of Year Finalist, Tatami System and U Mixonomi AN Products of the Year Honorable Mention: Tatami System in 'Textiles category Honorable Mention: iD Mixonomi in Finishes + Surfaces — Indoor category Archifizer A+ Awards Finalist, Pentagiona:ls Interiors + Sources Reader's Choice Best Products, 0 Mixonomi 59 What percentage of your sales are to the 10 % governmental sector in the past three years? Estimates provided. The recent pandemic has skewed these numbers for 2021 & 2022, We are seeing grow1h in these sectors for 2023 YTD. 60 What percentage of your sales are to the 25+% education sector in the past three years? Bid Nurnber` RFP 061323 Vendor Narrie Tarkett USA lnc 7191 DocuSign Envelope 0 BDEC4126-61FAC-46M-9053-DB0B9B12B0C8 .................... 61 �List an or y state, provindal, cooperative Tarkett holds several state and cooperative contracts including: purchasing contracts that you hold. What is State of New York the annual sales volume for each of these State of Florida contracts over the past three years? State of Georgia State of Mississippi State of Louisiana State of California State of Pennsylvania State of Connecticut E and I Cimnia Partners Buyboard Choice Partners Premier Vizient Allied States Contract sales volume is confidential, and we do not share it with other entities, however we estimate these contracts to collectively account for 10-2!0% of the overall sales, 62, List any GSA contracts or Standing Offers Tarkeh holds a GSA Contract GS-27F-0032, contract sales voWme is confidential, and Supply Arrangements (SOSA) that you and we do not share with other entities The recent pandemic has skewed these, hold, What is the annual sales volume for numbers for 2021 & 2022 We are seeing growth in these sectors for 2023 YTD. each of these contracts over the past three We estimate our GSA contract sales to be an average of $500,000 annually. Our years? sales to the federal government and its agencies is much higher NOT using the GSA schedule Table 9: Top Five Government or Education Customers Line Item 63. Provide a list of your top five government, education, or non-profit customers(entity name is optional)to whom You have provided equipment, products, or services similar to the solutions sought in this RFP, including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. k j Entity*M01 hil y�w'� Large Schoot Education Nevada-NV Products utilized include 4 million per year 10 million District Powerbond and modular tile carpet as well as LVT, Large school Education Texas-TX lProducts utilized include 3-5 million per year 8.5 million District Powerbond carpet, LVT, resilient and eSource One Turnkey iinstaillation services. Large faith Non-Profit Utah-UT Products utilized include 3.5 million per year 8,5 million based Powerbond and modular Cite �organization carpet products as well as Source One Turnkey installation services. ILarge School Education Texas-TX Products utilized include 12.5 million per year 7 million District Resilient, Powerbond and modular the carpet products as welt as Source One Turnkey services. Large School Education Florida-FL Products utilized include 2.5 million, per year 7 million District Imaginations (Custom cut designs), Powerbond, and modular tile carpet, LVT resilient and Source One Turnkey services Bid Number: RFP 061323 Vendor Name. Tarkett USA Inc. 7192 DocuSign Envelope ID:BDEC4126-6FAC-46Dl-9053-D93DB9Bl2BOC8 Table, 10: References,tTestim,onials Line Item 64. Supply reference information from three custorniers,to whom you have provided equipment, products, or services similar to the Solutions Sought in this RFP andl who are ehgible to be, Sourcewell participating entities. Entity Name -6ontoot Name Ph*no,Num[ber Sarasota County Schools FL Dion. Hampton (9,41) 927-9000 exi 68835 Director of Facillifies Dan hampton@:sarasotacountyschools net Pasco County Schools, FL Carey Lazari (727) 774-7952 Conist Services Project Coordinator cIta,zad@pasco.k12.fl.us Cypress-Fairbanks ISO, Roy, J. Sprague, Jr., AlA, CSI, ALEP, LE Fellow (281) 897-4108 ................... Chef Operations Officer L .................... Table 11: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Source ell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers(full-time equivalents) involved in each sector,whether these workers are your direct employees (or employees of a third paii and any overlap between the sales and service functions. Ltne iQuesuorli Am 65, Sales forcer Tarkett maintains a sales force of just over 180 Account Executives and Regional Business Managers that are located across the US and Canada, Supporting our sales team are 15 Regional Vice Presidents, 3 divisional Vice Presidents, two Education Government Strategic Accounts Vice President and many, customer and technical support specialist Tarkeft maintains a strong segmented sales force that allows us to, speak directly to our markets. SLED (State Local & Education) market is maide up of facility administrator, Maintenance and operations, Desagni and construction, flooring contractors,, disti1bution partners, archfte,cts/designers and other influencers. Tarkett is able to speak to each of these groups and help create a solution based approach for any flooring project Our focus on segmentation allows us to be acutely aware of the needs of each and provide our best-in-class flooring solutions in a consuffatve manner. 1;66 Service force. Tarkett has an exceptional dealer network with over 400 approved dealers throughout the US and Canada. Our dealers are trained and certified in the handling and installation of our flooring products. Part of the dealer commitment is to utilize contracts and cooperative purchasing agreements to maximize opportunities to promote Tarkett flooring solutions. Our dealers are authorized to service Soluircewell participating agencies can buy material only or fully delivered and installed goods, 67 Dealer network or other distribution Tarkett's approved dealer network as well as distribution network spans across the methods. U'S and Canada. Our approved dealers can provide participating entities material only sales or full turnkey services. Our extensive network of providers allows for the participating entity to use Iocal businesses and foster community relationships Additionally, about 40%, of our dealer partners are certified small, woman, minority, veteran owned etc that further supports the local communities and can provide a tier 2 diversity spend in support of goals the participating agency may have Bid Number: RFIp 061323 Vendor Name: Tarkett USA Inc. 7193 DocuSign Envelope ID:BDEC4126-6FAC-461.)I-.9053.-DB9B9B12BOC8 68 Deschbe in the detail the ordering Material Only Orders Direct via Tarkett Direct �process, including the respective roles of Member can send a PO to their local Tarkett Account Executive or directly to our distributors, dealers, or others, (including 'Customer Service Department at sub-contractors) in providing solutions to West CustornerCareWesl@tarkett,com Participating i Entities This may include a 'Centrai CustomerCareCentiral@tarkeff.com step by step process identifying who is East CustarnerCareEast@tarkett,com responsible for meeting the needs of the Participating Entity at each stage of delivery Each PO will require. Souroweil Alliance, Number: 168119 Product Name/Color/Amount needed Wiling and Ship too Addresses The Customer Service team will confirm receipt of order request, advise of shipment date as well as proviide answer to questions should any arise. Source One turnkey orders. Members will contact their dedicated regional account coordinator and provide detailed project information, including Sourcewell Alliance number 168119,, products desired, and scope of work needed. Source One will complete a proposal for the member to approve and schedule services upon approval. The account coordinator will be In constant communication for project status updates and manage all aspects of the request from start to project completion. Orders via Tarkett Approved Dealer Partners: Members will contact their local dealer and request products and service utilizing the Tarkett Sourcewell Contract Alfiance 168119. The dealer partner will ensure they :understand the scope of work needed and manage all aspects of the request from istart to project completion Flooring Contractors (Dealers) will order the materials needed for each, project ensuring Sourcewell contract information appears on all proposals and orders that are submitted, Eachi PO wiil require: Sourcvvelll Alliance Number 168119 Product Name/Color/Amount needed Biffing and Ship too Addresses 69 Please describe the relationship between Tarkett's relationship between our Dealer Partners and Distribution Network us a true Proposer any distributors, dealers, or partnership. Whether they have been our partner for 15+ years, or 1 month the others (including sub-contractors) commitment and level of service is the same. Our Account Executives work hand and hand with our Dealer Partners to understand the needs of the local market and challenges end users may be facing because adverse flooring conditions. Together they drive solutions that provide optimal flooring solutions that look great and are healthy for the people occupying the space andl the environment. In the same respect, our Regional Business Managers support our clostributicn partners and collaborate to understand the market needs and drive solutions further supporting the end users providing a high level of customer satisfaction Quarterly or yearty reviews are conducted to measure not only their performance and service of Tarkett products but aiso our level of service to them. Bid Number: RFP 061323 Vendor Name-, Tarkett USA Inc. 7194 DocuSign Envelope JD.BDEC4126-6FAC-46Dl-9053-DBOB9131 2BOC8 70 Describe in detadTl,;�e�ro process and Order Entry - Target 1 Business Day or Less procedure of your customer service Orders are to be entered within 1 business day from the time the Customer Service program, if applicable, Include your Representative receives the purchase order. This metric is measured through analysis response-fume capabilities and of daily reports for orders entered commitments, as welt as any incentives Order Management! - Target: Less than, an Average of 1 Safes Order Line per Day that help your providers meet your stated Factored by the number of sales order knes, that have missed a ship time due to a service goals or promises. block or missing information on an order This metric is measured through: analysis of daily and weekly reports on various items regarding order details. Phone Accessibility Completed Rate - Target 95% or Higher The completed rate is factored by the ratio between the number of calls answered vs. number of calls offered This metric is measured through analysis of weekly reports showing the completed rate for all calls that have come in Service Level - Target 80% or Higher The service level is factored by the ratio between the number of calls answered within 20 seconds vs the number of calls offered, This metric is measured through analysis of weekly reports showing the completed rate for all calls that have come in. Communication We conduct monthly quality coaching reviews with each Customer Service Representative to go over their phone and email communication The supervisor monitors phone calls and emalls, and then use a scorecard to grade one of each for ,the monthly review, We measure professionalism, ability and willingness to help the customer, quality of the help provided, etc, The scorecards for these reviews help to identify any areas that a Customer Service Representative may need additional coaching and,lor training. Customer Satisfaction Customer satisfaction is measured through surveys that are sent out to our customers. 71 Describe your ability and willingness to Tarkett has the ability to provide products and installation to all members throughout provide your prodiucts and services to the United States, with our extensive dealer partner network there is no area that can Sourcewell participating entities in the not be serviced United States. 72 Describe your ability and willingness to Tarkett is a global company and can serve any Sourcewell member located in provide your products and services, to Canada. Pricing for products is included In US dollars and can be converted to CAD Sourcewell participating entities in Canada. as requested. 73 Does Proposer intend to serve nonprofit Yes, Tarkett will serve all eligible Sourcewell participating agencies if awarded a agencies If awarded a contract? contract, 74 Identify any geographic areas of the United Tarkett will service all geographic areas The exception would be should any state States or Canada that you will NOT be have legislation that has passed that does not allow for fine use of a cooperative fully serving through the proposed contract, services agreement to purchase non-consumable products (i.e, flooring and related services). Additionally,, the contract labor pricing does not include Alaska, Hawah, Canada, or US Territories These areas would be negotiated labor if that is possible or we would Iprovide material only sales. 75 Identify any Sourcewell participating entity Products and Services will be provided to all sectors except those segments or sectors (i.e, government, education, not-for- regions where a cooperative agreement is not allowed by law to be used to profit) that you will NOT be fully serving purchase non-consumable products (i.e., flooring and related services) through the proposed contract. Explain in detail For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 76 Define any specific contract requirements Although we�can offer turnkey services in Alaska, Hawaii, and US Territories, the or restrictions that would apply to our labor would not be on contract due to, several: factors, including: 1) unstable market participating entities in Hawaii and Alaska trends, in these areas, 2) distance and,/or remoteness can offer distinct challenges, and in US Territories, preventing us from offering a similar market rate as other 48 states (plus Washington DC). We do not offer turnkey services in Canada due to 1) challenges with �managing projects across country lines, and 2) US to Canadian dollar conversion Instability. Table 12: Marketing Plan Response Item Bid Number: RFP 061323 Vendor Narne: Tairkett USA Inc 7195 D¢.'=Slgn Envelope ID 13DEtl,'4126-6FAC-.46D't-9053.DBOB9Bl2BOC8 ...................................... .. ....... ....................__------ 77 Describe your marketing strategy for Tarkett has expanded their marketing team over the past 2 years to 40% more head promoting this contract opportunity count and hiring. We have moved most of our exterriM creative to now be internal which Upload representative samples of your creates, deeper customer understanding married with capabilities. This includes a new marketing materials (If applicable) in Vice President of Marketing Creative Director, lied by Jonathan Stanley who is now the the document upload section of your Director of SLED markets (Education & Government) His sole focus is embracing, the response customer needs and developing information that would best support customer experience and engagements. One unique event Tarkett hosts each year is a Healthy Building surnimit which supports our organizational compass but also includes our target audience to enhance their ability to lead this conversation Our vision includes strategic sourcing as a part of these discussions allowing best value purchasing versus low price, Our 2023 summit will include a representative form strategic sourcing To listen to some of the voice participants from our most recent Healthy Building Summit please visit our YouTube channel: ht1ps-/Auvvw.youi com/watch?v=QDA5_M558NM a. Tarkett is launching ain entirely new North American website to launch in June of 2023 We are investing in some key word search optimization driving people to the Tarkett Education landing page which will in turn drive them to the Sourceweh landing page. Our marketing automation metrics mi visits and rnany other options will be available for us to best understand what messages resonate with key customers b We will collaborate with Sourcewell upon award to create a new 2 page digital and printable marketing piece Marketing pieces like thus have been very effective in the past and can live on the Souircewell landing page. c Salesforce Training with new award with an elite team of AlEs that target Sourcewell members within the SLED market segment This includes about 100 Account Executive who are now assigned to the national SLED network as well as connections into the Canadian market, d Trade Shows including NSPMA, A4Ll APPA, ASBO, ACi and numerous state and Vocal SLED shows Tarkett has a dedicated team of creative and set up team for the national booth shows and always look for our Sourcewell partner to bring us the flag. We submit to present at all national trade shows and this year have been accepted to all of them so far. �e- Trade Magazines are a PR pathway Tarkett has, used for decades We have a robust list of full page adds that support new product launches and editorials Annually our SLED leadership gets interviewed by leading organizations such as Floor Focus, Learning by Design, and other interior trade writers f. We will meet to review the Sourcewell landing page to insure it is updated We would Bike to implement some videos and featured products and suslainability initiatives g Key events) initiatives should be, a collaborative design where we target an event function together and co brand a customer event. 78 Describe your use of technology anid From Jan-Al 2023 across alt platforms (Linkedln, Ea book, Instagiram, Pinierest, and digital data (e.g„ social media, YouTube) we have had over 8,000 different engagements across platforms with more than nuetaclata usage) to enhance 125,000: followers. Our main Tarkett sites have a valluable following as well as each marketing effectiveness, Account Executives, reach which has a dramatic and personalized rellationship, impact. We are using marketing automation to track our progress. Our likes per mont1h vary with a minimum of 500 and a dramatically growing reach and engagement rate Our likes are up 21% vs this time last year and up 15,000 followers from this time last year. Our follower audience includes participating agencies, cleaker, architects, designers, as well as industry influencers, within our industry like furniture manufacturers, engineers, and other industry partners. We will prepare a social post on the Sourcewell award that will be broadcasts rationally and also shared on local personal targeted accouints This post will include information and a link on the-vallue Sourcewell brings to their members 79 In your view, what is Sourcewell's role Sourcewell has a goall of reaching the right individuals at participating agencies with their in promoting contracts, arising out of clear value proposibon Facilities departments in addition to procurement officials are key this i How will you integrate a to this strategy. Partnering to target audiences together at trade shows, targeted! member Sourcewell-awarded contract into your events in MSAs, and marketing to growth MSAs is an important role Sourcewell can sales process? continue to expand t would like to see a quarterly planning meeting between Sourcewell �and Tarkett to discuss where we can expend and target together. I would also like more purchasing data from participating agencies, so we have a good understanding on what your customers are buying. One example would be price point per category on the overall flooring category Tarkett will integrate Sourcewe0-awarded contract into our sales organization by first launching an internal announcement, external social announcement, and ongoing internal training. These 3 initiatives will be valuable reminders of our existing habits Our sales organization is elite at understanding, promoting, and offering Sourcewell by brand these participating agencies. Tarkett sales executives are heavily encouraged to attend all events, such as the Sales Accelerator forum. These events and others like the Get to Know for our organization to stay engaged which is heavily encouraged participation frorn Tarkett leadership Bid Number-, l 06,1323 Vendor Name, Tarkett USA Inc. 7196 DOCLJSign Envelope ID! BDEC4'l26--6FAC-46D1 9053-DBOB91]l,ZBoCa 80 Are your products or services Tarkett does have an onfine ordering portal that can be send up for an individual available through an e-procurement members, This would allow them with 24/7 access to� ordering process? if so, describe your Place Orders e-procurement system and how Check inventory in real time, govemmentail and educational • Check status of your :sales order customers have used it. IRevuew order details • Access to Order Confirmatlons & Invoices Table 13: Value-Added Attributes F Line OLS'nM-0 Questioin 'Response 81 Describe equipment, As a Tarkeft partner, the Tarkett Technical Services Department is available for all of your maintenance, or operator training installation and maintenance needs. By working together, we can develop a long-lasting programs that you offer to relationship that results in successful installations The only expense to you for this service Sourcewell participating entities. is your firne We know time is a valuable resource, so we are happy to schedule a visit at include del:Ms, such as whether �your convenience. training is standard or optional, - Installation Summits - Tarkett instaHers working who provides training, and any with field installers at every experience level �costs that apply. Sheet Vinyi and Linoleurn Certification - Qualifying the best of the best Maintenance Training (Call for details) Maintenance service section still being formulated - Tarkett is pleased offer a floorcare solution through a best in class service provider. We are including a fee schedule to allow participating agencies access this great opportunity, Floor Care is a field of science that works around custodial care and preserves long term appearance retention with a professional provider. This is a new add and we want to make it a game changer for those interested in maintaining their floors versus replace them every 51-7 years. Bild Nurriber-, RFP 061323 Vendor Narrle Tarkett USA Inc, 7197 DocuSign Envelope ID BOEC4'126 6FAi:: 46DI-9053-DBOB9Bl2BOCB 82 Describe any technological Tarkett is a leader in advancing technologies in the products we offer. A few examples of advances that your proposed that are: products or services offer. I Powerbond Cushion RSO hybrid resilient sheet flooring (hybrid between carpet and resilient sheet flooring) has heterogeneous construction of nylon and closed-cell cushion„ the tuff blanket is fused to the closed cell cushion to create a carpet look but resilient performance. The Rs is for the adhesive that is applied at the mill so all adhesive off gassing occurs in I manufacturing not inside the building. Powerbond looks like carpet„ offers high performance wear and easy installation. This patented, time-tested product is an ideal solution for high moisture substrates„ it can be installed with no moisture testing of the substrate No standing water, you can install. Unheard of in the flooring industry, Cue to all these unique attributes Tarkett PowerbondC Cushion IRS flooring is CERTIFIED asthma & allergy friendl") —the world's first soft surface flooring, to receive this designation. We have provided the press release and an overview of Powerbond Cushion IRS in the document upload section or you can visit the third party site directly at: https:/Avww.ailergystandards.cort lnews_events,Markett-announces-that-powerbor7d-rs-flooring-ms- cert Pied-asthma-allergy•ffiendf/ Ethos& Omnicoat& modular carpet tale backing. Tarkett was the first to harness Polyvinyl Butyral (,f"'.r°B) Polymer found in postconsumer windshields and safety glass over tg years ago creating a time - tested alternative to traditional carpet backing polymers. It is nothing new for us to venture outside our market to find valuable alternative waste streams for feedstock. Glass recyders create mountains of film found in disposed of windshields and safety glass during the glass recyding process. We use this film to make ethostl, reduong our dependence on raw materials and lowering our environmental footprint. Another excellent example of our innovations with respect to product quality performance is our patented Dynex SD nylon used in all our commercial carpet materials (Carpet Title and Powerbond s"): all Tarkett Dynex sD yarns are cationic which permanently repel stains. Standard nylon has positively charged nodes; therefore, nylon fiber can stain with negatively charged staining agents. The polarity of nylon can be reversed through sulfonation. The negatively charged cationic, nylon (through sulfonation) repets negative-charged stains, creating a permanent stain resistant product resulting in stain resistant, easier to maintain and better-looking flooring for sourcewell members. Unlike topical treatments on standard nylon that can be worn off by foot traffic and washed off by maintenance activities, the stain resistance of Dynex 'SD is permanent because the cationic properties are inherent to the structure of the fiber. We offer a separate lifetime stain warranty for that reason. In addition to having the permarrent stain resistant properties„ Dynex SD products are treated with, Eco-Ensurelm, a fluorine-free, anti-soft chemistry, for enhanced soil protedionfrernoval„ as well as durability to foot traffic The proprietary Eco-Ensure processftreatient is applied through a heat- actuated cohesion process that results in mechanical polymer entrapment and complete coverage of all individual fiber surfaces of carpet products. Eco-Ensure is designed for durability to foot traffic and cleaning; cycles and is Cradle to Cradle Certified ry Gold in the Material Health Category, Tarkett Q Flooring. Lots of companies claim they have no-wax floors. However„ read the fine print, and you will find they have no-initial-wax floors or no-wax-until-such-a-time-as-you- need-it floors. Only Tarkett Gran"it and Optima with its construction never need wax or finish. Forever. Period. That is because its is not a topcoat or a wear layer. It is a proprietary technology. Also, because you never wax or finish,, its floors it is great for your bottom line, Not just because they cost less to maintain but because they cause less disruption to the people who use the space. Tarkett Techtonic'm is a protective polyurethane floor coating used on our LVT and is unlike a other, developed and tested b an international team whose oat was to provide our n4° p y g r m titors boast about what they add to customers with superior surfaceprotection. Ou o0 p pe y n increase the likelihood of a whitening their surfaces' coatings, But those additives ca gg�f g when their product gets scratched. Because Techtonic does not include unnecessary composite materials„ this matte finish offers a dramatically strong defense against scratches and scratch whitening, as well as abrasions, scuffs„ and stains—defending both your floors, and your peace of mind. Millwork Wall Ibase was developed based on a customer's, challenge of the cost of keeping their wood trim repaireftainted Our millwork collection installs at roughly half the cost of wood trim and because it never requires touch-up or repainting it continues to deliver return on investment throughout its life, it is manufactured with no dye lot restrictions and can be color matched to any pantone Very handy in space design and maintenance of spade. Source OneO turnkey installation management program for Tarkett USA Inc, The department was created in tggt in response to a customer request to issue one purchase order and have single-source responsibility for ordering, delivery, and 'installation of material. Source One channels all the intricate details of flooring management and installation to professional certified installers nationwide, providing a complete turnkey solution and vertically integrated installation warranty. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. 7198 DocuSign Envelope ID:BDEC4126-617AC-46D1 9053-DBOB91312130C8 ........... .......... ........... 83 Describe any "green' iinitiatives We, are often asked to simplify our sustainability story. The truth is that making a positive or Environnientall, Social, and impact on our world and its citizens is not so simple Reducing the use of fossil fuels and Governance (ESG), that relate to incorporating recycled materials into our products can pose challenges, but Tarkett is your company or 10 Your products working hard to make these im proverne nts—beca use we value your health, and that of our or services, and include, a list of environment. In our ongoing efforts to promote sustamabilily, achieving carbon neutrality is the certifyuig agency for each just one more step toward creating a better world Cradle to Cradle Certified"" product standards guide our eco-design approach on the basis of five criteria; material health, product circularity, renewable energy and climate requirements, water stewardship,, and social fairness Tarkett North America provides the industry's broadest selection of carbon-neutral floor coverings, including carpet filer P,owerbond, LVT, rubber tile, homogeneous and heterogeneous vinyl sheet, and linoteurn--all certified Carbionfree@ by the C,arbonfund foundation We've completely removed phthalates from our entire product portfolio, and drastically reduced VOC emissions to contribute to better indoor air quality. We were the first flooring cornpany to create a take-back recycling program, and we, continually look for new ways to increase the content of recycled materials in our flooring solutions. We design our products for the lowest possible use of water, detergents and energy while cleaning, thus reducing their environmental footprint throughout their lifecycle Additionally, Tarkett has been a member of the United Nations Global Compact since 2010 Out membership shows our commit to upholding all the principles on human rights, labor, environment, and anti-corruption that of which the 'Ulnited Nation's Global Compact stands on 84 Clescribe how your products !Claiming to use 'good materials' is one thing. Proving you do is another. At Tarkett, we contribute to or promote the demand to know every detail about the materials, we use, so we can be totally honest with health, quality of life and well- you. It's why we're obsessed wrih the health and sustainabiRity standards of Cradle to ,being of our members and others Cradle' - a methodology that guides our good material choices. And even then, we're (e.g., Low VOC ernissions, always on the hunt for something better. Complete transparency from us, peace of mind for minimal acoustical impact, you Ninety-eight percent of our materials are independently assessed by third parties to �allergien repellant materials, tight ensure they measure up to our exceptionally high health and environmental standards (which reftectant). are often far higher than the recognized industry standards). Our transparency philosophy also led us to create highly detailed Environmental Product Declarations (EIPD,) and Material Health Statements (MHS) to share detailed information with our customers, collaborators and nOin-governmental organization (NGO) challengers about the environmental impact of our products,, based on life cycle analysis When we say we're committed to giving you heallither spaces to live and work, that's not just talk, we mean it, In fact, by following Cradle to Cradle0 principles, we have created products with healthy materials that keep VOC emissions low. In fact, our products exceed the strictest industry standard's for air quality by so much, we've had to set our own :standards, Standards that we can prove with science, not just words. It means you can breathe clearer air, knowing you made a conscious choice for your flooring At Tarkett we've been, pioneers of flooring solutions, with low and ultra-low VOC emissions since 2011�, offering products with VOC emission levels that are between 10 and 100 times lower than the most stringent world standards. In some cases,, our VOC emissions are so low that they cannot even be quantified. We've, also developed glue-free laying techniques for our click and loose-lay vinyl collections and modular carpet tile, further reducing the potential for VOCs in your indoor air, A Tarkett floor can help achieve higher standards of sustainability and reach green building certifications like LEED, WELL, ILFI and BREEAM you can see more in depth: information in question 85 that defines our oerfificafions that further prove how we promote the health, quality of life and well-being to Sour ell members and others 85 identify any third-party issued eco- For over 140 years now, we commit every day to the design of great spaces For, Tarkett, bels, ratings, ESG scores or this means putting people and planet first, caring about the environment arid the health of certifications that your company present and future generations incorporated by our Tarkett Human-ConsciousDesignr,@ lafhchacz received for the equipment or approach products included in your It ds our holistic way of doing business, capable of marrying the specific expectations of Proposal related to energy each of our customers with the profound challenges of protecting our planet, reducing our efficiency or conservation (such carbon footpnnt and changing the game with circular economy. Working together with our as: FloorScore, Formaldehyde !partners, we deliver safer and healthier spaces in which people can reach their full Emission Standards, FSC potential By coining forces, we build a stronger foundation - one we can all stand firmly on, Certified, EPD,s, HPDs, LEED, for generations to come. Together we, are building the Way to Better Floors WELL Building Standard), life- All third-party certifications and SUStainability attributes can be found at Tarkett Ecomedies,com cycle design (cradle-to-cradle), or : other green/Ristainability, factors, Cradle to Cradle �,Cradle to Cradle CertifiectO validates the ecodesign approach based on five criteria; matenal health, product circularity, clean air and climate protection, water and soil stewardship, and social fairness Each criterion is given a score from Basic to Platinum. Tarkett's certified products include: ethos0) Modular with Ornricoat Technology"' - Cradle to Cradle Silver V3 1 UnoFloor 011m - Cradle to Cradle Silver v3 1 Rubber Tile Collection - Cradle to Cradle Bronze Q.I Baseworks Thermoset Rubber WaHbase - Cradle to Cradle Silver v3 1 In addition to the above, many of Tarkett's adhesives + additives have earned Cradle to Bid NurTiber: RFP 061323 Vendor Narniei Tarkett USA jnc 7199 DocluSilgni Envelope Its BDEC4126-6FAC-46C1-9053•d3BOB9B1280C8 Cradle Material Health Certificates including:: 100 dear Thin Spread Adhesive 9011 Spraysmart Resilient Flooring 'Spray Adhesive, 905, Releasable Adhesive, 925 Resilient Flooring Adhesive, 926 Rubber Sheet & Vinyl Flooriing, Adhesive, 959 Vinyl Tile and Plank Adhesive.960 'Wall Base Adhesive, 986 Terra Turf Adhesiive, C-12E Pressure Sensitive Adhesive C-56 Premium Floor Pruner, C-EX Adhesive. Creenbond B-19 Broadloom Adhesive, Rollsmart Carbon Footprint + Science Based Targets Science Based Targets: Tarkett committed in 2021 to reducing its whole vallue chain emissions by 30% by 2030 compared to 2019, and submlltted its short-terra targets (Scope 1 & 2 and Scope 3) in February 2022 for review and approval by the Science-Based Target Initiative (SBTI). This represents a significant step change compared to Tarkett's previous objective, which was focused on its operational GHG emissions (Scope 1 & 2), as lit now widens out to include its value chain emissions (Scope 3) related to the production of raw materials and to the endof- life treatment of its. products These so-called Scope 3 value chain emissions represent 011/6 of Tarkett's overall GHG emissions. Tarkett has published Product Specific EPDs for the below products: etti i) Modular with Cmnicoat Technologyrr"' Powerbond Flex-Aire Baseworks Rubber Tile Collection HO Product. Range Acczent Range Even Plane LinoFloor xf lm Transparency Material Health Statement: Tarkett developed, together with the EPEA, the Material Health Statement to help meet the building 'industry's need for more granular unformalion, drive collaboration on sustainabltty and move ahead of regulation to go beyond compliance, providing clear, transparent information on the health and environmental profile of the materials in our products, including any potential risks. The MHS discloses ingredients down to 1100 ppm ethosig) Modular with Cmnicoat. Technologyim Baseworks Rubber Tille Collection HC Product Range Acczent Range Evens Plane LinoFloor xf r"" I Declare Label: ethos(D Modular with Cimniooat Technology''"" LinoFloor xF111 Rubber Tile Collection Indoor Air Quality Since 2011, Tarkett has been a pioneer in developing flooring. with Now or ultra--lowv Bevels of Volatile Organic Compounds (VCC) emissions In nearly all of its product ranges Tarkett offers products with total VCC emissions that are 10 to 100 times lower than the most stringent world standards. This effort had been recognized by several certitica:boni of Tark.ett's products (globally) are tested and comply with the appropriate VOC test. The testing scopes used are: Floorscore Certification CRI :Breen Label Plus reenguard Asthma + Allergy Certification: Tarkett North America offers and commercial flooring solutions that have been certified asthlma & allergy, frieni by AAFA (all FiberFlooM,R) vinyl ranges as well as other products such as 0 Inspirationi Acczent, several laminated ranges. and a soft surface flooring with Powerbonc(D RS), For flooring to be certified asthma & allergy frienblyk?, AAFA's independent third-party testing must show that the floor its easily cleaned and has a low capacity for retaining allergens The certification process involves testing not only the product itself, but also the installation method and recommended cleaning process as a complete system to ensure no harmful materials are introduced while :installing or cleaning the floor, Asthma + Allergy Compliant Products Include: D Latitude iC collection Acczent collection P'erforma Powerbond IRS Restart Bid l umber° RFP 061323 Vendor Marne: Tarkett USA Inc, 7200 Docir,k'.Sign Envelope ID:BDEC4,t26-6rA(,-,-46Dl-9053-DBOB9B12BO(.-8 Tarkett, is committed to building a cIrcular economy, notably through the, collection recycling of used flooring and sports surfaces ReStadO is Tarkett's flagship progr toy. flooring waste collection_ From 2010 — 2022 Tarkett (globally) has collected 115,01 tons. 86 Please identify whether Proposer Tarkeft is classified as a large business and does not qualify for any minority owned status. is a minority, women, veteran However, Tarkett does have a large network of dealer install partners who are certified owned i business enterprise, a small, woman, minority, veteran owned etc that can provide a tier 2 diversity spend in small business entity, or a labor support of goals the participating agency may have surplus area firm If so, please provide all certification forms. Additionally, please describe how Proposer may partner with these entities in performance of this contract. 87 What unique attributes does your Please refer to Question 51 for that response as well: company, your products, or your Tarkett brings knowledge of the built environment that allows us to speak with authority, services offer to Sourcewell around flooring material selection, flooring materials acqursition/lownership and maintenance, participating entities? What makes your proposed solutions unique In in question 82 you can see the technological advances, that Tarkett has made, these your industry as it applies to advances provide not only solutions to adverse flooring challenges for cost savings but also Sourcewell participating entities,? maximize return on investment through exceptional durability. Additionally, our solutions provide assurance that products members are sourcing are not only made sustainably made but are also recyclable at end of useilife. Powerbond - a hybrid resilient sheet flooring is a chased-cell cushion backing that is inseparable (cannot delarninate or separate) and offers an impermeable wall to wall moisture barrier. Six months after a school district's installation a flash flood generated a mud flow filling a number of classrooms with 6%8" of mud After the district shoveled the mud and cold water extracted the Powerbond flooring it returned to new, concloon The impermeable nature of the product kept the mud on the top surface without penetrating to the sub-floor. Four years later, the only way you can tail the rooms were filled with mud is �the brown mud stain above the rubber base on the walls. Additionally, Tarkett Powerbond RS is now certified Asthma and Allery friendly, the worlds first soft surface flooring to receive this designation. Tarkett's Solution SPECtrum provides coordinated colors, patterns and textures across product brands and platforms—for a seamless design throughout the building's floorplan Designed to help members create unified experiences and more productive woirkspaces. The BrlhanceSM Digital Color System from Tarkett is about so much more than color. it's about working more efficienfly. Getting more done in the hours we have. Feel more confident in our materiM selections—aH while working remotely. The system is designed to place everything you need at your fingertips—no matter where you happen to be working Create palette boards, find sustainability information, and easily order sarrildles—all in one virtual place. By getting the right color match ever, tirme, the tool reduces sample waste and shipping, helping us all design more responsibly and reduce our carbon footprint, We think that's pretty brilliant. Johnsonite rubber tile, stairwell management, wall base and accessories delivers a perfect ColorMatch@ without dye lots This designer palette of 32 leading colors are scientifically precise and coordinated across multiple product categories with no dye lots.. ever! Our rigorous manufacturing and quality standards enable you to confidently mix and match a color across all Johnsonite products - rubber and vinyl filoonng products, wall base, stairwell management and finishing accessories. When you don't see the exact color you need, create it. Tarkett's custom coionng capabilities allow you to use the floor as your canvas Johnsonite Stairwell Management with the industry's broadest offering of rubber and vinyl' treads, nosings and accessories, Johrisonite's stairwelt management system hellps people move between floors safely and comfortably Custom Floor Design programs are used for more intricate and detailed designs Designs are fabricated and shipped to the job site and inset by the flooring contractor. I MAGI NAT ONS/F LOOR ART may include but are not lImited to logos, mascots, or images that are unique or repeated designs (animals, stars, flowers, etc.). Tairkett USA Inc.'s Imaginations program is a first In the flooring Industry, and we are the only company to offer this unique service in those products With our unique kne of product platforms, you can use shape, color, and texture to design a floor that will help create an experience and communicate a brand message Custom cutting can; also be used in practical ways such as showing direction or dividing a space without using physical barriers From start to finish, ,our designers and, technicians will) work to make your designs vision; a reality. Tarketts YouTube channel (hftps:lhvwwyoutubeciani/@TarkettCofitrart) provides members with helpful videos on areas like customer l�estimonials, installation training, maintenance training and tips, product inspiration, and in-depth product information, IQ Optima (no wax sheet vinyl) is designed around the needs of education and healthcare facilities, iCt offers outstanding performance and the industry's lowest life cycle costs- In laddition to extreme resistance to wear, stains, and abrasions in high-traffic areas; 'Tarkett's BId Number- RFP 061323 Vendor Name Tarkett USA Inc. 7201 DOGUSign Envelope lD BDEC4126-6FAo„.',.46Dl.9O53 DBOB9B12BOC8, proprietary iQ technology eliminates the need for refinishing over the life of the flocr; a simple dry buffing restores floors to their original appearance Explore the collection's soft, tonal visuals inspired by the beauty and resilience of natural stone. Special options for anti- static and aniti-slip are also available Techtonic"O Tarkett Techtonic"I is a protective polyurethane floor coating unlike any other, developed and tested by an international team whose goal was to provide our customers with superior surface protection Our competitors boast about what they add to, their surfaces' coatings But those additives can increase the likelihood of ugly whitening when their product gets scratched Because Techtonic doesn't include unnecessary composite materials, this matte finish offers a dramatically strong defense against scratches and scratch whitening, as well as abrasions, scuffs and stain"efending both Your floors, and your peace of mind Tarkett's vision is to continue to grow relationships that foster strategic sourcing, and Souircewell We believe this makes us uniquely qualified to continue to grow SOUrcevvell and strategic sourcing These are 3 examples of our thiought leadership and collaboration: 1) A recent endeavor was to create the Healthy Building Summit for Public Sector entities. "Bringing together stakeholders around planning, design, construction, student/work life, sustainability, and maintenance to discuss what they learned in CC VID was just, the tip of the iceberg. The real erriphasls was how we use what we learned and move into a coliiaborative consistency of co-creation fostering new pathways to see an earlier future where all learning spaces are considered healthy spaces" The urgency to have the Education Healthy Building Summit was driven by the growing amount of data that was collected through smart building technology, mental health data, and federal funding This data exposed the demand for healthy buildings for all students Several of these demands drove the initial conversation. Although indoor air quality and infection control were imajor drivers, this was not the only issue facing educational facilities around the country. Other drivers included: Neurodiversity and the recognition of a diverse student population requiring unique social-emotional learning strategies. Cognitive Loads and a clearer understanding of how acoustics and indoor air quality impact not only learning and productivity, but also our relationships. Biophilic Design and Daylight can both positively impact our stress levels (measured as heart rate variability, or HRV) and circadian rhythm. This in turn can lead to stronger brain function, boost feelings of happiness, decrease anxiety, and lower blood pressure. Funding Maintenance and deferred maintenance annual deficit crisis put also the impact that poorly maintained buildings have on poor indoor air quality and other health implications. 2) Tarkett's track record of commitment to Thought Leadership in the marketplace is well known. High performance buildings and schools use best-in-class materials like Tarkett's that can affect worker and student performance with better acoustics, better thermal val!ues, in space, better indoor Air Quality (lAQ) and lower maintenance costs, Tarkett's long standing relationship with the Collaborative for High Performance Schools (CHPS) and with Tarkett's board seat has introduced the high-performance rating program to Sourcewell. Thus has led to discussions and an opportunity to create High Performance product offerings to K12 schools that can use best in class procurement sourcing (Sourcewed) and CHPS K12 building rating system for high performance facilities The opportunity is an exampie of the thought leadership position Tarkett has in the market and the belief that strategic sourcing is a key to our success. Our hope is Tarkett's introduction will lead to a new chapter of great ,,partnerships using great sourcing (CHIPS, Sourcewell and Tarkett) The award of this RFP (will continue to grow these irelatlonships and others like it �3) Another example of the, Tarkett Sourcewell partnership dates to 2017", when the California Association of Business officers (CASBO) signed a formal endorsement of NJPA. 'The CASBO/NJPA partnership is a formal endorsement of the NJPA competitive solicitation and contract award process," Schwartz said. "it also provides an effective and fully supported pathway for CASBO members to access procurement solutions through NJPA's contract awarded vendors." Tarkett (Tandus Cenhva at that time) introduced and drove thiis endorsement wroth CASBO Tarkett's longstanding relationships at CASBO brought this idea forward and help execute this endorsement. Sourcewelll is now the Department of General Services (DGS) WAS (California Multiple Award Schedule) contract. Tarkett and SOUrcewell has benefited due to this work The NJPA press release is attached for reference tree hope to continue our long and strong partnerships into the future. ................. ...................... .......................................... Table 14A: Warranty Describe in detail youir manufacturer warranty pr,ogiram, Including conditions and requirements to qualify, claims procedure, and coverall structure, You may upload representative samples of your warranty materials (if applicable) in the document Bid Number-, RFIP 061323 Vendor("Jamie Tarkett USA Inc. 7202 Docu&gn Envelope ID:BDE04126-6FAG-4601.9053 DB01391312BOC8 upload section of youir response in addition to responding to the questions below, Line X tion 0esponse fter" 88 Do your warranties cover all products, parts, and Yes, Tarkett products have varying commercial warranty time fraimes, tabor? *Powerbond and modular tile are covered by a non-prorated Lifetime Limited Warranty *Broadloom and Woven styles offer a warranty of 10 to 20 years depending on backing selected, *Luxury vinyl ble and planks - we, offer a range of LVT lines that offer various warranties inClUd4ig a 25 year, a 20 year and a 10 year *Sheet Vinyl - depending on sheet vinyl line :selected there are various warranties including 20 year, 15 year or 10 year warranty *Linoleum - 10 year *Vinyl Composition Tile - VCT carries a 110 year warranty 'Rubber Products- 5 years 'Wait base and accessories - 2 years 'Labor provided by Source One Turnkey 3 years You can search the fult warranty details at https l/commercbal.tarkett.com/re,source-center/specifications-warranties 89 Do your warranties impose usage restrictions or Yes, products must have been properly installed in accordance with Tarkett's Other limitations that adversely affect coverage? published guideline and Tarkeff adhesives must be used, Additionally, Limited or no coverage will be provided when: -Product has, been improperly cleaned or damage caused by negligent or improper storage, handling or transportation. �-Damage or deterioration caused by improper site conditions -Incidental damage caused by other trades, resulting from inadequate protection during construction or renovation You can search the hull warranty details at https://commerciW,tarkeft.com/resource-center/specifications-warranties 190 Do your warranties cover the expense of Yes, products ri have been property installed In accordance with Tarkett's technicians' travel time and mileage to perform published guideline and Tarkett adhesives must be used warranty repairs'r Additionally, Limited or no coverage will be provided when: -Product has been improperly cleaned or damage caused by negligent or improper storage, handling or transportation. -Damage or deterioration caused by improper site conditions -Incidental damage caused by other trades, resulting from inadequate protection during construction or renovation You can search the full warranty detads at httpsJ/commercial tarkett.com/resource,-center/specificatilons-w,arranties 91 Are there any geographic regions of the United Tarkett should not encounter any situation where a provider is not available, �States or Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourceweill participating entities in these regions be provided service for warranty repair? 92 Will you cover warranty service for items made by Any products that Tarkett provides and does not manufacture will have the other manufacturers that are Part Of Your proposal, warranty provided by that manufacturer, or are these warranties issues typically passed on to the original equipment manufacturer? Bid Number, RFP 061323 Vendor Name-, Tarkett USA Inc, 7203 DocuSigri Envelope 1U BDEC4126-6FAC-46D1-9053-DBOB9Bl2BOC8 93 What are your proposed exchange and return Soft Surface Products: programs and policies? oCustorner may cancel any portion of a purchase order for standard running line products, or the whole thereof, that have not been shipped subject to a restocking fee, oMaterial that has already been shipped may be returned only with prior written approval of an authorized Tarkett representative and may be subject to restocking fees and any return freight incurred, LVT Products: .Contour, Even Plane, Adaptl and Victory Series products are custom made and may not be canceled or returned. *Customer may cancel any portion of a purchase order for the Event Series products, or the whole thereof, that have not already been shipped, subject to a 30% restocking fee *Products that have already been shipped may be returned only with prior written approval of an authorized Tarkett representative, and will be subject to a 30% restocking fees and any return freight incurred. Resilient Products oCustomer may canoes any portion of a purchase order for standard running line products, or the whole thereof, that have not been shipped subject to a restocking fee WaterW that has already been shipped may be returned only with prior written approval of an authorized Tarkett representative and! may be subject to a minimum 25% restocking fees, and any return freight incurred, NOM The Parties herein agree that there shall be no cancellation or return for any Custom product orders. 94 Describe any service contract options for the Tarkett is available to provide manufacturer lead maintenance and installation items included in your proposal training to Sourcewell members at no cost to them. Additionally, Tarkett Source One Turnkey Services is able to provide some maintenance services (which are indicated on our labor price sheet). Should a member be in need of a more routine or comprehensive maintenance program, Tarkett is partnering with a third-party provider Solid Care, We have included the Solid Care fee :schedule for participating agency to purchase these services ....,directly.from them Bid Number.- RFP 061323 Vendor Nanne- Tarkett USA Inc, 7204 Docu ign Envelope ID: BDEC�t1!26-6FAC-46D1 4i~53.-IDBOB9B12BOC8 Table °i lk: Performance Standards or guarantees Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representatrve samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below. two 95 Describe any performance standards or All the Installation Partners working on Tarkett turnkey Source One projects are guarantees that apply to your services closely vetted and we ensure they meet or exceed A TM industry standards. We provide Powerbond training and certification to each of them, as well as having our certified Field Installation Managers onsite for any high-profile or challenging projects. Arid as the customer is contracting directly with Tarkett for materials and labor on turnkey projects, all work performed) by ,Source One sub-contracted installation Partners is guaranteed by Tarkett's 3-year labor warranty. A dedicated Source One Coordinator is constantly in contact with the installation team to ensure the project is managed i,n a tirnely fashion and addressing any issues that may come up throughout the process. For projects directly contracted with; an approved dealer partner or floor care partner„ that company warrants the installation or service provided Tarkett prides itself in best- in-class relationships, these service providers are known for their professionalism. We would work with the end user to facilitate a solution with our partners. All our products have warranties that we will hold and administer, 96 Describe any service standards or The Account Coordinators for Tarkett Source One Department (receive extensive guarantees that apply to your, services training) for several months before handling all aspects of projects on their own, (policies, metrics, KPIs etc.) Each jab follows a structured procedure to ensure all aspects of are covered and everything is processed according to our company policies, allowing, us to meet the high standard's we expect for excellent customer experience. At the close of every project, an NPS (Net Promoter Score) ;Survey" is submitted to the customer contact we 'worked with AND to the installation team involved. NPS is a metric used to measure customer experience proglrams, such as ours„ and helps to gauge overall satisfaction and loyalty to our business. The responses we receive allow us to address any concerns by creating KPI:'s and initiating projects for any issues that have been brought to our attention, In this way, we can final new and better ways to not only help the customer we've been In contact with; but ALL of our customers. We are extremely pleased with the results we've hall for Source One in 2023 (,J',an- May) with a response rate of 2 %, (national average is 12.4%) and an NIPS scare of 9 (national average rainges from 25 to 40). Exceptions to Terms, Conditions, or Specifications Parris Orllly those(proposer Exceptairins to Terms, Conditions, or Specifications that have,been accepted Iby SOLArcewell have been 4nr:`ortYor atr~„'d into the c.ontra cf. text„ Documents Ensure your submission document(s) conforms to the following; 1. Documents in PDF format are preferred, Documents in Word, Excel, or compatible formats may also be provided. 2, Documents should NOT have a security password, as Sourcewell may,not be able to open the file It is your sole responsibility to ensure that the uploaded document(s)are not either defective, corrupted or blank and that the documents can be opened and viewed by aou.urcewell. 3 Sourcewell may reject any response where any d!ocument(s)cannot be opened and viewed by Sourcewell. 4 If you need to upload more than one(1)document for a single item, you should combine the documents into one zapped file. If the zipped file contains more than one(1)document, ensure each document is named, in relation to the submission format item responding to, For example, if responding to the Marketing Flan category save the document as"Marketing Elan Bids Number-, RFP 061323 Vendor Name Tarkett USA Inc. 7205 DOCL&gnEnvelopelD BDEC4126 6FAC-46D 11,-9053-E)BOB9612801CA -Tarkett Sourcewei I Cataiog for RFP0,61323,pdf-'Tuesday June '13,, 2023 12:18 56 E j n,a 22g.j tg Nl -Tabte 7 52. Tarkett Financiai statement pdf- Friday June 0191, 2023 101:39 54 KE tiI2_q?2Lv'Sa n�1eq-Marketing Sampies zip-Monday June 12, 2023 12:34 16 • WMBE/MBEISBE or Related Certificates (optiional) • LV?f La N. __L�tyjnformatton,- Table 14a Warranty zip-Friday June 09, 20123 15:16:45 • Standard Trgnsactucn Docurrent Sanja_tu.,,-Standard documents zip- Friday June 09, 2023 15A5:56 ............... • RPg sue jgf ptgns-Table 15 97 Terms redines,docx - Friday June 09, 2023 10:4113, _ • UP Addit Document-Additional Documents zip - Monday June 12, 2023 08:0230 LO—al, — wai-t-1--n—". Bid Nu�mber RFP 061323 Vendor Name: Tarkett USA I'nr 7206 DOCLS&�)n Envelope ID B DEC 4'126.6FAC-4601-9053-DBOB9B12BO C8 Addenda,Terms and Condlitions, PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE II ceilify that l am:the authorized representative of the Proposer submltting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavrt and Assurance of Compliance; 1 The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists un good standing in the jurisdiction of its residence, 2 The Proposer warrants that the,information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award, 1 The Proposer, including any person assisting with the,creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created Without colluding with,any other person, company, or parties that have or will submit a proposal Linder this soll:icitatlan; and the Proposal has in all respects been created fairly without any fraud or dishonesty,The Proposer has not &ectly or indirectly,entered into any agreement or arrangement with any person or business in an,effort to influence any part of this solicitation or operations of a resulting contract" and the Proposer has not taken any action in restraint of free tirade or competitiveness un connection with this solicitation.Additionally, if Proposer has worked with a consultant on the Proposal, the consultant(an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4, To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which coullld give rise to an organizational conflict of interest.An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is,or might be, impaired. S. The contents,of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be Communicated to any such persons prior to Due Date of this soljdltation. S. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract, 7 'rhe Proposer possesses,or will possess before delivering any equipment, products, or services, all appficablie licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract, & The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members, Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sou:rcewell Members Under an awarded Contract, P. The Proposer WH comply with all,applicable provisions of federal, state,and local laws, regUlations, rules, and orders, 10 The Proposer understands that Sourcewell will reject RFP proposals that are marked confidential"(or"nonpublic,"etc), either substantially or in, their entirety. Under Minnesota Statutes Section 13 591, subdilvision 4, at proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded At that point, proposals become public data, Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under MIinnesota's Data Practices Act. 111. Proposer its employees, agents, and subcontractors are not: 1. Included on the"Specialty Designated Nationals and Blocked Persons"list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: I P,5,��(Wwvvj(p-a$ I a�,p a 40Q. ntQ W1 a,('Js_5d-0fi.� Af°, 2 Included on the governinent-wide,exciLlSiOnS lists in the United States System for Award Management found at: 1,1ttpis or 3 Presently debarred, suspended,proposed for debarment, declared ineliglible, or voluntarily excluded from prograrns operated Bid Number: RFP 061323 Vendor Narne Tarkett USA Inc. 7207 DocuSign Envelope 0,BDE�:4126-6FAC-46D-1-9053-IE)BOBgBI,2!Bf)C8 by the State of Minnesota;the UNted States federal government or,the Canadian government, as applicable; of any Participating Enfity, Vendor certifies and warrants that neither it nor its principals have been convicted of a crirnonal offense related to the Subject matter of this solicitation. r7 By checking this box I acknowledge that i am bound by the terrns of the Proposer's Affidavit, have the legal aulhorqy to submit this Proposal one behalf of the Proposer, and that thus electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal, This signature will not be denied such legal effect,validity,or en:forceabiiity solely because an electronic signature or electronic record was used in its formation. - John Sumlin ,VP, Education Strategic Accounts,Tarkett USA inc. The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations conternpiated in the bid r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bidl Document. Check the box in the column I have reviewed this addendum" (below to acknowledge each of the addenda. i have irevilewed the File Name below addend urnand Pages attachrnents applilicablie), Addendum-7-RFP-061323_Flooring rg F6 June 2 2'0123 0102 PM Addeniduim-6-RFP-061323_Fiooring Tue May 30 2023 03,03 PM Addendum-S-RFP-061323-Flooring 0 Tue May 23 2023 0108 PM Adde,ndum-4-RFP-061323-Fl�ooring 2 Thu May 18 2023 0 1 36 IBM Addendum 3 RFP-061323-Flooring 1 Wed May I T2623 04:25 PMI Addend urn-2-RIF P-061323_Fioo ring: 1 Tine May 16 2023 03:20 PM Addendum 1 R'FP-06i1323_Flooring Tue May 91 2023 09 07 AM Bid Nurnber RFP 061323 Vendor Narne,- Tarkeft USA Inn 7208 DocuSign Envelope 1U 870F5044-274F-4979-8044,•B464723BBEE2 SOURCEWELL STATE OF MINNESOTA Member— Thi el moved the adoption of the following Resolutiom RESOLUTION TO APPROVE SOLICITATION AND/OR RE-SOLICITATION OF CATEGORIES 3/21/2023 Resolution No, 2023.07 WHEREAS, Sourcewell desires to issue a solicitation, and is seeking permission from the Board to issue a sollicitation, for the categories listed on Appendix A,which is attached and incorporated. WHEREAS,through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell's cooperative purchasing and contracting program; and WHEREAS,the Chief Procurement Officer recommends approval of categories detailed above. NOW THEREFORE BE IT RESOLVED that the Board of Directors hereby approves the solicitation of categories. The motion for the adoption of the foregoing resolution was duly seconded by Member Nagel and the following voted in,favor: Mist names here) zylka, Nagel , Thiel , Barrows , Arts , Kicker and the following voted against. (list names here or "NONE") NONE whereupon said resolution was declared duly passed and adopted. ATTEST: e�Dacij,Sqngd by: Lb WJ& m5 0 EF 57 85E EA04CF; Clerk to the Board of Directors 7209 DocuSign Envelope 0 870F5044-274F-4979-8044-B464723BBEE2 APPENDIX A SOURCEWELL PROCUREMENT DEPARTMENT BOARD ITEMS,.March 2023 equesting Board permission to Solicit the following categories: z INoine rM z zlleguestirrg Board permission to Re-Solicit the followfog 4:ategorles. Flooring MaterWs with:Related Supplies and Services On NE�W CONTRACTS Supplier Name Contract Number Solicitation Me BOXX Modular,Inc 420822-BXX "Relocatable Building and Storage Solutions Wth Related Services 0 McGrath RentCorp dba Mobile Modular Management 1120822-MMR "Relocatable Building and Storage Solutions with Related Services'" z 0 M Triumph ModWar,Inc. 1120822-TRM "RelocatoWe Building and Storage Solutions with Related Services" Avaya,Inc. 1120122-AVY "Unified Communication and Contact Center Solutions" > Gioia P,Arnbrette db,a Newcastle Communications 120122-NEW "Unified Communication and Contact Center Solutions" 0 M Wel Business Solutions,Inc. 1,20122-MBS "Unified Communication and Contact Center Solutions" z Presidia Networked Sohjtions, 120122-PSO "Unified Communication and Contact Center Solutions RingCenitral,Inc, 120122-RNG "Unified Communication and Contact Center Solutions m CONTRACT EXTENSIONS Supplier,Name Cointract Number solkhation Title Krueger International,Inc. 121919-0 "Furniture Solutions with Related Accessories and Services' "Athletic and Physical Education Equipment and Supplies with Flaghouse,Inc. 071819-FI®U Related Accessories" "Athletic and Physical Education Equipment and Supplies with Litania Sports/Porter Athletic/Gill Athletics 071819-PTA Related Accessories" 'Athletic and Physical Education Equipment and Supplies with Prophet Corp./Gopher Sport 071819-PRO Related Accessories" "Athletic and Physical Education Equipment and Supplies with School Health Physical Education 071819-PAL Related Accessories" "Pre-Engineered Buildings with Related Materials,Site Prepartion, Nucor Buildings Group 013019-NUC installation and Ancillary Services" "'Portable Construction Equipment with Related Accessories and Clark Equipment/Bolacat/Doosan i 1041719-CEC 'Attachments" NEW tDJQCONTRACM None IDiQ Contract Exteosions Company Name Contract Number None 7210 D(xuSign Envebpe 10'.637AQ871-A41,4,-4683-AF92-633293B8OE65 SOURCEWELL Z' e Vve STATE OF MINNESOTA Member Ki rche r moved the adoption of'the following Resolution: RESOLUTION TO RATIFY COOPERATIVE CONTRACTING AWARDS 8/15/2023 Resolution No,202321 WHEREAS,the Sourcewell Board of Directors previously authorized the solicitations for the cooperative categories listed on Appendix A, which is,attached and incorporated; and WHEREAS, Sourcewell issued the cooperative contracting solicitations,for the authorized categories; and WHEREAS,through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell's cooperative purchasing and contracting program and to award all competitively solicited contracts,without limitation; and WHEREAS, the Chief Procurement Officer made the awards listed based on the results of the competitive solicitation process;and WHEREAS,the Board acknowledges that the awards made by the Chief Procurement Officer are valid and binding; however, based upon some members' legal requirements the Chief Procurement Official is required to seek subsequent Boaird ratification of all cooperative purchasing awards. NOW THEREFORE BE IT RESOLVED by the Board of Directors ratifies the cooperative contracting awards made by the Chief Procurement Officer listed on Appendix A. The motion for the adoption of the foregoing resolution was duly seconded by Member Bar rows and the following voted in,favor: (liist names here) Zylka, Nagel , Thiel , Barrows , Arts , Kircher, Kicker and the following voted against: (list names here or"NONE") NONE whereupon said resolution was declared duly passed and adopted. ATTEST: GocuSigned by: Clerk to the Board of Directors 7211 DocuSign Envelope ID 7AO871-A414-46B3-AF92-633293B8OE65 APPENDIX A SOURCEWELL PROCUREMENT DEPARTMENT BOARD ITEMS-August 2023 Requesting ll permission to Sc :ategorles. 0 Employee Benefit Administrative Products and SerlAces z rn rn questing Board permission to Re-Sokit the follovAng categories-, z School Buses with Related Accessories,Supplies,Parts,and Services 74 Refuse Collection Vehicles with Related Equipment,Accessories,and Services rn Industrial and Workplace Storage Systems with 110ated Accessories Indefinite Defivery Indefinite Quantity Construction-California NEWCONTRACrS supplier Name Contract Number solickation Tittle "Fleet Electrification Trans Wan Planning,Management,and Related Guidlehouse,Inc. 051123-GUI Services" 1"Fleet Electrification Transition Planning,Management,and Related Hatch Associates Consukants,Inc.-051123-HAT Services" "Fleet Electrification Transition Planning,Monogemert,and Related Highland Electric Fleets,Inc, 051123-HEF Services" 0 z "Fleet Electrification Transition Planning,Management,and Related M z ICF Resources,LLC 051123-ICF Services" 4 "Fleet Electrification Transition Planning,Management;and Related InCharge Energy,Inc, 051123-INC Services M z "Fleet Electrification Transition Planning,Management,and Related IN F Associates,I-LC 051123-INA Services," "Fleet Electrification Transition Planning,Management,and Related PA Consulting Group,Inc. 011113-PAC Services "Fleet Electrification Fronsition Planning,Management,and Related Positive Energy,Inc, 051123-PST Services "Fleet Electrification Transition Planning,Management,and Related Sa Partners,Inc, 051123-SIA Services AXIS Insurance Company 051623-AXC `Group Employee Benefits and Related Services" Colonial Life&Accident Insurance 051623-CLA "Group Empfovee Benefits and Related Services' Lincoln National Group 051623-LNG "Group Employee Benefits and Related Services' Meti-ife,Inc. 051623-MET "Group Employee Benefits and Related Services" Reliance Matrix 051623-RLC "Group Employee Benefits and Related Services' Adroit Advanced Technologies 0,62723-ADT "Alternative Student and Client Transportation Services" Assist Services 062723-ARS "Alternative Student and Client Transportation Services" First Student 0162723-FIR "Alternative Student and Client Transportation Services"" HopSkipDrive 062723-HSD "Alternative Student and Client Transportation Services" Bentley M1111s; 061323-13PS, "Flooring Materials with Related$uppYes and Services" Division 9 061323-0V9 "Flooring Watierfats with Related Supplies and Services"" Forbo Flooring Systems 0,61323-FRO ""Flooring Ma tenals with Related Supplies and Services" Interface Americas 1323-WA "'Flooring Materials with Related Supplies and Services"" Ma,nnington Milis 061323-MMI "Flooring Materials with Related Supplies and SefWces" Mats,Inc. 061323-MAT -I Yfacifing Materials with Related'Suppilles and Services" Milliken Services 061323-MAC "Flooring Materials with Related Supplies and Services" Mohawk Carpet Distnhution 061323-MCD "Flooring Materials with Related Supplies and Services"" Ropipe Corporation 061323-RPP "Flooring Materials with Related Supialfes,and Services" [Shaw Integrated and Turf Solutions 1323-Sil -"'Flooring Materials with Related Supplies and Services" ITar,kett USA 1061,323-TFU "Flooring Materials with Related Supplies and Services" CONTRACT EXTENSIONS [SuIVIler Narne contract Number SoNdtation,Title Genuine Parts Company-NAPA Integrated "Fleet and Facifity Related Vendor Managed inventory and Logistics Bosirress Solutions 110520-GPC Management Solutions" Unifirst Corporation 040920-UFC "Uniforms with Related Products and Services"' CNH lmdustrial America 110719-CNH "'Ag Tractors with Related Attachments,Accessories and Supplies' ,NEW ID14,CONTRACTS Con_,V#r!Y Name I.Contract Number I.RegJan-])Teof Wwk None IDIQ Contra*Extensions Coma as Name [Contratt Number 7212 Dac,uSign Envellope Oi 637AO871-A414-4683-AF92-633293BBOE65 ,WP�N�)IX A;Lon��jrwd Johnson-LauxConstructbnjLC _MD-RI-GCO4.052621-JLC Centennial Contractors Enterprises,Inc. MD-RI-GC03-052621-CCE Step 1 Enterprises,LLC MD-RI-GCOI-052621-SIE Vigil Contracting,Inc, MID-R4-GCOI-052621 VGL Adrian L.Merton,Inc. MD-R 5-H:VACO2-052621-ALM Centennial Contractors Enterprisers,$nc. MD-U-GCO2-052621-CCE Centennial Contractors Enterprises,Inc. j!MD-R4-GC0�2-052621-CCF. Bethel Electric Construction Company of Maryland, LLC MID-143-E01-052621-BEC Vlgil Contracting,inc. MD-R2-HVAC01-052621-VGL Vigil Contracting,Inc. MD-R4-EO2-052621-VGL S-Works Construction Corporation MD-IR2-GC03-052621-SWC Paige Industrial Services,Inc. MD-R3-GC03-052621-PAl Paige Industrial Services,Inc, MD-R3�E02-052621-PAI Paige Industrial Services,Inc, MD-R3,-RW02.052621-PAI Vigil Contracting,Inc. MD-RS-GCO2-052621-VGL Adrian L.Merton,IInc, MD-R4-HVACO2-052621-ALM Vigil Contracting,Inc, MD-R4HVACO1 052621-VGL Vigill Contracting,Inc. MID-115-HIVAC01-0526214GI, Vigill Contracting,Inc. MID-R2-E02-052621-VG,L The Matthews Group MD-142-GC04-052621-TIVIG Paige Industrial Services,Inc MD-RS-GC03.052621-PAI Skyline Roofing,Inc. MD-R2-RWOI-052621-SKY Skyline Roofing,Inc. MD-R 3-RWOl-05262 I-SKY Vigil Contracting,lnc. MD-R2-GCO1-052621-VGL Paige Inclusthall Services,Inc. MD-RG-HVACO2-052621-PAI Paige Inclustriall Services,Inc, MD-R5-RW02-052621-PAI Paige Industrial,Services,Inc. MD-R6-RW02-052621-PAI Bethel Electric Construction Company of Maryland, LLC MD-RI-EOI-052621-13EC Paige Industrial Services,Inc. MD-R31-PAC01-052621-I'M Paige Industrial Services,Inc. MD-R5-PACO2-052621-PAI Bethel Electric,Construction Company of Maryland, LLC MD-R4-EO1-05262!1-BEC Bethel Electric Construction Company of Maryland, LLC MD-R5-EO1-052621-8EC Adrian L Merton,Inc. MD-132-HVACO2.052622-ALM Vigil Contracting,Inc. MD-R6-GCO1052621-VGL Vigil Contracting,Inc. MD-R6-HVAC01-052621-VGL Vigil Contracting,Inc. MID-R5-EO2-052621-VGL Centennial Contractors Enterprises,Inc. MID-R6-GC04-052621-CCE Vigil Contracting,Inc. MD-R3-GC04-052621-VGL Vigil Contracting,Inc. MD-R3-HVAC01-052621-VGL Nichols Contiractmg,inc. MD-R3-GCOI-052621-NIC Bethel Electric Construction Company of Maryland, LLC MD-R6-EOI-052621-BEC Skyline Roofing,inc, MD-RI-RWOl-052621-SKY Skyline Roofing,Inc. MD-R5,-RWOI-052621-SKY Vigil Contracting,linr. MD-R&-EO2-052621-VGL Nichois Contracting,Inc:, MD-R5-GCO1-052621-NlC F.H.Paschen,SX Nielsen&Associates,LLC 11IrflD-R1-GCO2-OS2621-FHP S-Works Construction Corporation MD-R4-GCO4052621-SWC Paige Industrial Services,Inc. MD-R6-GC03-052621-PAN Centennial Contractors Enterprises,Inc. MD-R5-GC04-052621-CCE Bethel Electric Construction Company of Maryland, LLC MD-132-E01-052621-BEC Adrian L,Merton,Inc, MD-R3-HVACO2-052621-ALM Paige Industrial Services,Inc, MD-R6-PACO2-052621-PAI Place Services,Inc. KY E.GCOl-062420-PLS The L.Usk Group KY-E-RWOI-062420-LMC Calhoun Construction Services KY-NC-GCO,2-062420-CAC The Lusk Group KY-RAPE02-0624204,MC Tecta America Corp. KY,-WRW02-062420-TEA Place Services,Inc. KY-NC-GC03-062420-PI-5 Mace Services,Inc. KY-NC-EDI-062420-PLS The Lusk Group KY-NC-RW01-062420-LMC 7213 ClacuSign Envelope ID:637A0871-A4,1446B3-AF92-63329l3f38GE65 APPCND X A CCW,r M40d 'rhe Lusk Group KY-NC-E02-062420-LMC The Lusk Group KY-W-RW0I-062420-LMC Tecta America Corp, KY-NC-RW02-062420-TEA, 'recta America:Corp. KY-E-RWO,2-062420-TEA Triton Services,Inc. KY-NC-HVAC0I-062420-TRS The Lusk Group IKY-W-GC03-062420-LNIC The Lusk Group KY-E-HVAC0I-062420-LMC The,Lusk Group KY-E-E02-062420-LMC The Lusk Group KY-NC-GC05.062420,LMC The Lusk Groiwp KY-E-GC03-062420-LMC Place Services,tnc. KY-W-EO1-062420.IPLS Place Services,Inc: KY-W-GCOl-062420-PLS Place Services,Inc, KY-E-E01-062420-PILS Triton Services,IInc. KY-NC-GCOl-062420-TF(S The Lusk GrmAp KY-W-HVACGI-062420-LMC F.H.Paschen,S.N WeNen&Associates,LLC KY-NC-GC04-062420-FiiP F.H.Paschen,S.N.Ndelsen&Associates,LLC KY-W-GCO2-062420-FHP F.H.Paschen,SX Meisen&Associates,LLC KY-E-,GCO2-062420-F:HP IThe Lusk Group, KY-NC-HVACO2.062420-LMC 7214 The This document printed New York State Tuesday, 04/25/2023 12 Contract Reporter NYS'o cial source of contracting oppo rtunities ffi Bringing business and governryient together Contracting pportunity ........... Title: Flooring Materials with Related Supplies and Services Agency: Sourcewell Division: Procurement Department Contract Number- 061323 CR Number: 2097504 Contract Term: 4 years Date of Issue: 0,4/25/2023 Due Date/Time: 06/1!3/2023 430 PM Central Time County(ies): All NYS counties Classification: Construction Vertical: Building Construction; Rehabilitation & New Construction - Co,mmodities Opportunity Type. General Entered By: Tara Wotff Description: Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Flooring Materials with Related Supplies and Services to result in a contracting solution for use by its Participating Entities. Sourcewetl Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Souirceweti Procurement Portal [bttps:Zjproporta[ souircewell-mn. ov . Only proposals submitted through the Sourcewell Procurement Portal wwill, be consiidered., Proposals are due no later than June 13, 2023, at 430 p.m. Central Time, and late proposals will not be considered. Service-Disabled Veteran-Owned Set Aside: No Business entities awarded an identical or substantially similar procurement contract within, the past five years: Bentley Mills, Inc. Interface Americas, Inc. I(amclean International, ILLC 1. o f 5 7215 Mann ington Mills, Inc, Mohawk Carpet Distribution, Inc. Shaw Industries, Inc. Tarkett USA, Inc. 2 of 5 7216 Contact Information Primary contact: Sourcewell Procurement Department Tara Wolff Procurement Manager 202 12th Street NE �P.+G , Box 219 Staples, MN 56479 United States Ph: 218-541- 362 rfpesourcewell-mn.gov Submit to contact: Sou,rcewelt Procurement Department Tara Wolff Procurement Manager 202 12th Street NE P.O. Box 219 Staples, MN 56479 Unitedl States Ph., 218-541-5362 rfp0sourcewett-mn.gov 3 of 5 7217 Bid Results Bid Re uilts have not been entered of 7218 Awards Awards have not been entered @2023, Empire State Development http://www.es,d.,ny.gov/ 5 of 5 7219 Daily Journal of Commerce 11 NE Martin Luther, King Jr Blvd, 0 N Portland:, OR, 9,7232 RE Phone: 503-226-1311 Fax: 503-222-5358 Affidavit of Publication To: Sourcewell - Camel Jackson Po Box 219 Staples, MN, 564790219 Re: Legal Notice 2497782 State of OR ) SS: County of Multnomah I l, Nick Biork, belong duly sworn, depose and say that I am the Publisher of the Dally Journal of Commerce, a, newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193,101 and 193,020, published in Portland in the,aforesaid County and State',that l know from my personal knowledge that the notice described as: SOURCEWELL a printed copy of which, is hereto annexed, was published in the entire issue of said newspaper 1 time(s) in the fokow ng issues: 04/26/2021 SEE EXHIBIT A State of Oregon County of Multnomah SIGNED OR ATTESTED BEFORE ME ON 2nd day of May 2023 Nick 8joi-0 By: ;e -Z State of Oregon Notary Public, State of OR No, 1031542 My commission expires on December 5, 20,26 01:F)CtAL STAMP WCHEUE A,NNE ROPP tl.lh- COMMSSIONNO 1,.)31,'A2 7220 Page 1 of EXHIBIT A SOURCE WELL FLOORING MATERIALS WITH RELATED tUPPLIES ANN D SERVICES Proposals due 4J0 pm, Jun e'13,2023 REQUEST FOR PROPOSALS Sourcewefl, a State of Knnesota local a)C)vell')Mlellt urnt and �urviice coopera- ove, rs roquostaiq pqopi,,)saPs for Fiockr. ing Materials with Re ted Supplies and Sprwces to rpstdt in a contracvng solu- tnon for Lme tad, o-fs Partknparring Errfies, SourceweO Participanng Eftte,es mcwde thousands of �pvemrrwrtW, hnqher ed, ucatxm, K 12 educatmr, rron;HOIII, rnbat government, and othef pub4c arjenci�e.s locawd kn tte United StMes and Canada. A floill copy apt the Request for Proposatls can be found on tho SoiarcewO Procure. rnent Portag e q s ,Abrni t t, d Only proposah t through the Sourcewefli Procurement Port al w4l be considered, Pfoposals are due no, Ater than Jorre 13, 2023, at 4:30 p rn,Geritral T'ime,apd late profma[s w0f consioered Pubdsherd Am 215 2023, 2497782 2 of 2 7221 LOCAU10 The Oklahoma�i P") BOX 631643 Oncinnati, 0H 45263 1543 PROOF OF PUBLICATION Sourcewell, a State oT Minnesota local govern- r-nent unit and service� Sounx"ck P() H()x 2 19 cooperative, is requesting proposals for Flooring Maiter,ials with Related Supplies and!: Services to STAFE OF OKLAHOMA, COUNTY OF" OKLAHOMA result in a contracting ! "Ph" Okiahornari, a dHrly rq�wspar)erof generaP urcuhatic.m�n the solution for use by its Stz'ate of Mahonia, andwh ch is a dady newspaper PLAtj4is9'ied irr Participating Entities, Oklahoma D,)uNy and havirig pard gewerat circulation therem, SourceweH Participating pubifishod and persona6 knowledge of the, fac% herein state arid! Entities include thousandsl the notice hereto annexed was Publ�shed ire Swd newspape s of governmental, higher in they wssues dated on education, �K-12 education, 04,125r2023, 05i02f20123 nonprofit, tribal govern- iment, and other ublic ,.r id rid that the fees diarged are legal, �agencies located in the Sworn teas arid subscnbed before on 05,'02/20,23 United States and Canada. A full copy of theil Request for Proposals can be found on the Sourcewell Procurement Portal 71" [https://proportal,sourcew eH-rnn.gov,l. Onily propos- ails submitted through, the SourceweH Procurement Ncqarl,,Sratv ot WT Couriltv of'Brown Portal wiH be considered. Proposals are due no Inter than June 13, 202,3, Pubhca Mi Cost $4(3,25 at 4:30 P.rn. Central Time, and late proposals Order No: 8732049 of copie'm�' will not be, considered. Custorner Nc)� 72 7698 4/25/23, 5/2/2,3 87'32049 PO 4: "f] HS I'll f- r"?WW" S J 7222 AFFIDAVIT OF PUBLICATION Account# order dumber IdentifBcation order P'd3 Amount Cols Depth 34474 4114$3' Print Legal AdAPLo11947ho-IIPL0119476 $157.13 1 18 L Attention: Carol Jackson Slt1RCCLL State of South Carolina PO BOX 219 County of Richland carol.jacksonsourcewtell-rnn.gnv REQUEST FOR PROPOSALS qn r,e of a uie r,l a,i,ne xa ua c rj awr : II,Tara #'a Pennin on,makes oath that the "maro-e,#voi-*int „r!u^nua�:.*��rn„>p;rwrp�Mvl._�,_..........___-._,____._____,. retvic-5uriq lrrjrjw,r wls for F10*609 Moto— adve tisment. was published in The State,a rists w dh Related'Suppti and Ser- a vices rr resor,r.,r�,n,taco r� wri„orr for newspaper published in the City of Columbia, ie+;c,9 ar its I'v.rVC1fr,atlro�2 Ef"OH+� uume"'pH r,w rgxw�3 ErMfi, why mJe o,��.� «t State and County aforesaid,in the issue(s)of ",,�faurv.rorrtmr+,tur8, tVw�{#rrry wlrn..'9GrY�'r,qt 12 rrr„tl- c�e7ratwzra inrrrf-wxaGu4 Cr'JYal �;wc,ivweurcpveimr3. regrx9 'th v wa bfi auerI ri^w 1r r rrrrq of r ormr frr2�r8 1 vuvtl 'ic , A L oh.stay vt atom eafl- 1 insertion(s)published on: °dIM&F B hear I iOq'!r7a yl5 '➢ri id1l ftt.YUura.Y rYtlr(tt� 5arrr rx+a9l,vrCx';rirarrr,rri4r�srYaab,iwgk;d'rUgvr,`r 04125,f23 a„r:�rt,uV.�.7nar,�r�wwY{n�u Sdrrwl, 4:aaehH rr r,.mma,��H� submdled;Prar'Kjh the,3'cworrm efi r,x.an rrRawait w'4avr;�wl uafpl be C0111010W rvl a"aw'Uiv��r'u7 hllr r th+m.Jgna Y 2 2023 at 4.30 p fll 1;e dr ar Tirrvc,u(I Pa*lwrrwdr.us a1,vwall rout tie;„;rcrvWered GdJ.011947(i u Apr 25 X23 ara ennington Sworn to and subscribed)before me this 24th day of April in the year of 2023 Notary PuB is in and fort estate of Texas,resi ng in Dali,as County STEPHAME HATCHER �F fray*)t3ny 0 0,1335,U406 *« Expk j oa 14„2025 Errors the'liafrilityofthe varfa fisher or ac°count oferrorsio or omissions front anyddvettisement willmno liviexcetyllhe amountof the char,eforthespace occupied by theiterrrin error,and then only for the first incorrect Insertion Extra charge for lost or duplicate attidavits. Legal document please do not.destroyll 7223 SA h ilUilts'IkPWL25,2023 a USA TODAY N 6ilhd,N� driinks New study to early de sugary g � w ive r l dtdrdrmrnw P4rwdregirsher irGrm to uuppcuP Inthalrn Ov:`w.p„swasd lur9wluawr. l 'd F ✓ %�i ;� a a,uun trr,rva vtsaady'" Au.arlvrhrcraa vuaW wv.ans rha thong rwwdda! Whalt auMaarr drkmvW .o.0 wvma�hM,g,,ile dhad,-sal of are bad doe See? , lsanwroe'le'lain nooanmcrr after a mudy ra wo rau;.rrduihrnarrrvepm published Va reu uryol d#rvderd AuglorY "te,reptot fraco.x1bal alstarrontORh to trrrwkr achy be,linked to uov note—d AM sired Is arivang dharr that Ilaaphc wohalna *80 T,}II RePlAMCYerg.75L4gAMl dri1nk15C lowers(risk n sk of kaean hdinsaae and delve In Pharr helwweendhrat{h tare di-pda, err haMwaae avid to,"sages among pawple Ix,wMa+ra.rneru P.uaraa aniea rvWy 011Mw,rwP^ao0a a Sugar.1- dened toravrauw wlmtr erase nxre.dawmw fam,Harvard T H t'dhau aalh rypaa t,hd3Afxl sdvdy"Ana"vest,✓. -oaf-ask.row rah u.�w'a T I,.,;chef wrnar led is iaeia i rew.i¢rr owa,unar.ama, m:ha,had od V'uWdu ilouleh aaaaadderd al txpa n-swt Nunnrd Ihuwoa,wrh,s dhamd tlh.. r2 daddd pwttdP tphants dimpraOse d tear.nrla t w d n aouded otaffoh rtehd hand rem Oaks vase aEPwtadl Altos ad-.heaver ale ad dhr rkak assawh o rd rhiads wfth 7ydae 2adV.kmathsln mad talb.n itharrow 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'iPM'YINdd 3 h wa hum"aaaewdm,s� # aostr,f wade rwxar used r m a dW mah r r rauaa Meat a www wa txwvva wane do FYktla h^dt,t a +atwu.o aSaw a su ✓wa«h,ww .sieve piaea o ✓ NSP ddehf hod, ri n+rza s m wa tsu�r r nw a .rya lift ran. a rar i.� •vn um �xwui,�i la nwiwmm�rme Rw A wkim AllerGylum Arldhad6l wdata rd9Jml .�dA�,wdtaa m, !T LL IME SI SAL DENTIST WANTED �n r a a ra row d4C r&ups•' SIT NY471IR�@ m em w+wr rawsha erw.r++n-whatware»anw so name ' 1, -U '"awma+b wow Frmhmn as an xukshreai. IAA wahOarY'x taro.xm mn umwnw wr W awww,+.ww veal+ ma a raawxexiwur.arnw rc, -, ._ pods rr W.e d Id ptkar4dkwn aP le nu en aawweam.ww.weaver u.waarw -. .. ...... . 4 tvr Cher wa P seethed III ar corn.Agra J A rU.:AWn a rµp£a shwYess uh l 3A gNAY.v°aW pMtwM,PMP_had'rq 7224 N N CD ri tia n Nr " I Home INew Bid Closed 13 tds My Stuff Tbofs Bid RFP 061323 Flooring Materials [5altch to Vel Idol-vievy with Related Supplies aired Services Bid Type RFP Btid Number 061323 Access Repor,ts View reports on who Title Flooring Materials with Related has been notified of Supplies and Services the bid or accessed it, Stark mate Apr 25, 2023 8.51. g AM C[)7 4c.c.ess eporr1, End bate Jun 13, 2023 4:30:00 PM CDT Questions Agency Sourcewell 0 Questions 0 Unanswered Bid Contact Jeremy Schwartz FV&A/Ask, Q e„r t rc„nsj (2'18) 894-5488 rfp@sourcewell-mn.gov Edit Bid 202 12th Street NE [Create Addr»nc urn P.O. Box 219 Staples, MN 5E479-0219 Description Sourcewell, a State of Minnesota local government unit and service cooperative, i requesting proposals for Flooring Materials with Related Supplies and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [l1ttia�5 // �rai�a riall. �„ur°c�:� hall 4rrr�,iijo ]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 13, 2023, at 4:30 p.m. Central Time, and late proposals will not be considered. Pre-Bid Conference Bate May 17, 2023 10.00f:Jti AM CDT Location Online Conference Notes Login information will be errwal�led two business days Prior to the event. Documents No Documents for this bird Custoryler au pass P': agencySLIpport@pubiicpu,jricliase.com t Capyrigkit t ",Y9- gae'9'Q I TPrie iPublioru'Group, LLC.A0 ruahts reserved, i7 7226 Sourcewell Vi]",,. ......... w...,. .,,, .. Bid Deta,ils, Bid Good's Classifications: Bid Type RFP - General Bid Number: RFP 061323 BidName: Flooring Materials, with Related Supplies and Services Bid Status: Closed Bid Closing Tue Jun 131, 2023 4 0:0,0 Ply (CDT) Date Question son Jun 5, 202 4:3 N0:Jfi Ply (CDT) Deadline: Electronic Not Applicable Auctions: Language for Bid English unlloss specified in the did document Submissions: Submission Online uibmissi'ons Only Type Submission Online Submissions Only Address; Public Opening. "yes Public Opening Address: Soo RFP and FAQ documents for details. Description: Sourcewell, a State of Minnesota local government uinlit and service cooperative, is requesting proposals for Flooring Materials with Related Supplies and Services to result in a 7227 contracting solution, for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, 'tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on, the Sourcewell! Procurement Portal [fttIps �LL Aefl- Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than 3une 13, 2023,, at 4:30 p.m. Central' Time, and late proposals will not be considered. Bid Document Bid Opportunity notices and awards and a free preview of the bid Access: documents is available on this site free of charge without registration. Please note, some documents may be secured and you will be required to register for the bid to download and view the documents. There is no cost to obtain an unsecured version of the document and /or to participate in this solicitation. Categories: f� i±I Register for this Bid Download Bid Documents P I.kN hhW1qj -f0rfdwkqv The following are the, meeting firnes and locabons for the opportunity, Meeting Location Description Date / TimeMandaitory Meeting:Meeting Document Online Pre- Login instructions will be posted to the Wednesday May Proposal "Documents": section and available to registered', 17 2023 10:0,O AM No suppliers two business days prior to the web Conference conference,. (CDT) 7228 rn C*4 C*4 ti Si 111j, C� S 121 CL VIA 40 5 r E 21 dr . B°u edn&i sir, ' 5 ku6u`Ch,mp HYJik�s'�w tnSu' �,» g31i i.!@»»ke�tti k Pit;�EflW r...... 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Canada.A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal[https1/proportal sourcewell-mn gov].Only ..........--------— proposals submitted through the Sourcewell Procurement Portal will be considered.Proposals are due no later than June 13,2023,at 4:30 p,m. Central Time,and late proposals will not be considered, Dates Publication 2023104/25 09:38,52 AM EDT Question Acceptance Deadline 20231016/05 05:30W PM EDT Questions are submitted online No Bid Intent Not Available Closing Date 2023106113 05:30:00 PM EDT Contact Information Procurement Department 218-894-1930 rfp@source,well-mn.gov Bid Submission Process Bid Submission Type Electronic&d Submission Pricing Lump sum Pricing! Lump sum Bid Documents List ttern Name Description Mandatory Limited to I file Bid Documents Documents defining the proposal No No 2023,104/25,09:39:01 AM EDT Page 1 of 2 7231 ..Pqpp!ies and a ....... ............. Categories Selected Categories, GSIIN Category(1) G Goods Goods N72 Household Andl Comm�ercia�ll Furnishings And AppliancesHousehold And Commercial Furnishings hnd Appliances N7220 FLOOR COVERINGS Floor Covermgs Includes Linoleum;Rubber and Asphalt Tile;Carpets;Rugs;Rug pads. MERX Category(1) G Goods Goods G13 Fabricated Materials Fabricated Materials UNSPSC Categories(2) 30000000, Structures and Building and Construction and Manufacturing Components and Supplies 30160000 Interior finishing materials 301617010 Flooring 52000000 Domestic Appliances and Supplies and Consumer Electronic Products 52100000 Floor coverings 521'01500 Rugs and mats ................................... ................. .......... 2023/04125 09:39:01 AM EDT Page 2 of 2 7232 DocuSign Envelope ID:CDE32CCB-0,B5D-4CF2-9591-F477BDOE175E u,",ce we Fla Proposal Opening Record Date of opening: June 13, 2023 Sourcewlell posted Request for Proposal #061323, for the procurement of Flooring Materials with Related Supplies and Services, on the Sourcewell Procurement Portal [pLgpqLta4,sour,ce wellu-,mnp,,gLfir] on Tuesday,April 25, 2023, and the soficitation remained in ain open status within the portal until June 13, 2023,at 4:30 pm CT. The RFP required that all proposals be submitted through the Sourcewell Procurement Portal no later than 4:30 pm CT on June 13, 2023,the date and time specified in the Solicitation Schedule. The undersigned certify that all responses received on Request for Proposal#061323 were submitted through the Sourceweil Procurement Portal, and that each Proposer's response material was digitally sealed upon submiss,ion,and remained inaccessible until the due date and time specified in the Solicitation Schedule, Responses were received from the following: Bentley Mills, Inc. -Submitted 6/13/23 at 10:11:50 AM CRC America, ILLC dba TOLI International TOLI TOLI Corp. -Submitted 6/09/23 at 2:15:39 PM Champion Flooring-Submitted 6/13/23 at 12;26:17 PM Division 9 Flooring-Submitted 6/13/23 at 3:14:53 PM Emser Tile, LILC-Submitted 6/13/23 at 4:22:32 PM Engineered Floors, LLC dba J+J Flooring Group-Submitted 6/13/23 at 9:0157 AM Facility Armor-Submitted 6/13/23 at 2:05:16 PM Forbo Flooring, Inc., dba Forbo Flooring Systems-Submitted 6/12/23 at 1:57:27 PM Gerfior USA-Submitted 6/12/23 at 4:20:31 PM Giant Floor and Wall Covering Co,, Inc. -Submitted 6/02/23 at 5:39:36 PM Interface Americas, Inc.-Submitted 6/0:9/23 at 11:55:32 AM Karndean International, LLC-Submitted 6/13/23 at 214:30 PM Mannington Mills, Inc. -Submitted 6/09/23 at 10:59:07 AM Mats, Inc. dba Matter Surfaces-Submitted 6/12/23 at 2:49A1 PM M!axxon, Inc. -Submitted 6/13/23 at 1:15:24 PM MegaCera, LLC-Submitted 6/13/23 at 5:24:56 AM Milliken Services, LLC - Submitted 6/13/23 at 9:2854 AM Mohawk Carpet Distribution, LLC-Submitted 6/12/23 at 2:25:09 PM RR & G Products, LLC dba Zandur-Submitted 6/08,/23 at 1106:44 AM Roppe Holding Company-Submitted 6/13/23 at 4:13:58 PM Shaw integrated and Turf Solutions, Inc. -Submitted 6/13,/23 at 8:17:35 AM Tarkett USA, Inc. -Submitted 6/13/23 at 12.26:11 PM UPOFLOOR Americas, Inc. dba Kahrs Commercial Flooring-Submitted 6/13/23 at 11:43:45 AM 7233 DocuSign Envelope ll):CDE32C'C8-OB5D-4CF2-9591-F477BDOE175E The Proposals were opened electronically, and a list of all Proposers was made publicly available in the Sourcewell Procurement Portal, on June 13, 2023, at 4:31:17 PM CT, All responsive proposals were then, submitted for review by the Sourcewell Evaluation Committee. G au 3 gned 6y: DucuSigned b E�DOB3041,1) Greg Grunig, MS, Procurement Lead Analyst Carol Jackson, Procurement Analyst 7234 LO M N 41 2 too@ Q m SO- "s „ .. ,is r� ca ypy' AT h'w xb I� VCY 4' t�A vT l N m � j7, �t �e f cs � m ! rl c ,'�ou�cewell RFP #061323 REQUEST FOR PROPOSALS for Flooring', Materials with Related Supplies and Services Proposal Due Date: June 13, 2023, 4301 p.m., Central: Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposails for Flooring Materials with Related: Supplies, and Services to result in a contracting solution for use by its Participating Entities,, Sourcewell Participating Entities, include thousand's of governmental, higher education, K-12 education, nonprofit,, tribal government, and other public agencies,located in the Ulnited States and, Canadla. A full copy of the Request for Proposals can be found on the Souircewell Procurement Portal �[ or oortal.source biip��, o���welkrnn.gov], Only proposals, suibmitted through the Solurcewell Procurement Portal will be considered. Proposals, are due no later than June 13, 2023, at 4:30 Ip.m. Central Time, and late proposals will not be considered. SOLICITATION SCHEDULE Public Notice of RFP Published: April 25, 2023 Pre-proposal Conference: May 17, 2023, 10:!00 a.m., Central Tlme Question Submission Deadline: June 5, 2023,4:30 p.m., Central Time Proposal Due Date- June 13, 2023, 4:30 p.m., Central Time, Late responses will not be considered. Opening: June 13, 2023, 6:30 p.m., Central Time See RFP Section V,G,"opening" Rev. 3/2022 Sourcewell RFP#0161323 Flooring Materials with Related Supplies and Services Page 1 7236 I. ABOUT SOURCEWELL A. SOURCEWELL S,ourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A,21)that facilitates a competitive public solicitation and contract award process,for the benefit of its 50,000+ participating enitities, across the United States and Canada, Sourcewell's s6licitation process complies with State of Minnesota law a,nd policies,, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario.,Quebec Trade and Cooperation Agreement, and Canada-Euiropean Union Comprehensive Economic and Trade Agreement, as apphcable), and results in cooperative purchasing solutions from which, Sourcewell's Participating Entities procure equipment, pro,diucts, and services. Cooperative purchasing provides participating entities,and suippliers increased administrative efficiencies, and the power of combined purchasing volume that result in overall cost savings. At times, SourceweH also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppiliers' potential pool of end users. Sourcewelli u!ses, a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this REP must be submitted. B. USIE OF RESULTING CONTRACTS In, the United States, Sourcewell's contracts are available for use by: • Federal and state government entities'; • Cities, towns, and counties/parishes; • Education service cooperatives; • K-12 and higher education entities; • Tribail government entities; • Some nonprofit entities; and • Other public enitit�i!es, In Canada, Siourcewell's contracts are available for use by: 0 Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; 0, Indigenous self-governing bodies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly funded academic, health, and social service Pursuant to IHAR§3-128-2,nitre state of HawaRil, Department of Account mg and General services,state Procurement Office,on behalf of the State of Hawafil and partR6pafing jurisdictions,has provided notice of fts intent to participate in the soHdtaflon as a participating entiity Rev, 3/2022 SOUrcewell RFP#061323 Mooring Materials with Related Supplies and Services Page 2 7237 entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton,,Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; # Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownershiip interest; and * Members of the Canoe procurement group of Canada, and their partner associations: Canoe members are regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of thie preceding entities—as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, Civicinfo BC, and their members. For a listing of current United States and Canadian Participating Entities visit Sourcewell's website (note: there is a tab for each country): httos://ww,w.soluriciewelll-mn,gov/sourceweli-for- J Ae vendors a ricy-liocator. _ _ _ Participating Entities typically access contracted equipment, products, or services through a; purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase, Use of Sourc�ewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources. To meet Participating Entities' needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP, In, addition, where applicable, other purchasing cooperatives and procurement o,ffic:iails receive notice and are encouraged to re-post the solicitation opportunity. Proof of publication will be available at the conclusion of the solicitation process. 11. SOLICITATION DETAILS A. SOLUTIONS-BASED SOLICITATION This RFP and contract award process is, a!solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and thiat are commonly desired or are required by law or industry standards. Rev, 3/2022 SourceweIl RFP#061323 Floodrig Materials with Related Supplies and Services Page 3 7238 B, REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. 1. Sourcewell is seeking proposals for Flooring Materials with Related Supplies and Services, that inicluide, but are not limited to the following types,of flooring solutions; a. Resilient; b. Ceramic; c. Porcelain Tile; cl, Wood; e. Hardwood; f. Laminate; g. Rubber; hi. Vinyl; L Broadloom carpet; j. Carpet Tile; k, Epoxy; 1. Flooring hybrids; m. Floor mats; n. Rugs; ol, Supplies related to the removal, installation, maintenance, restoration, and cleaning of flooring materials complementary to the offering above (a.—n); and, p, Services related to the design services, removal, installation, maintenance, restoration and cleaning of flooring materials complementary to the offering above (a. — n.). Proposers maiy include related equipment, accessories, supplies,and services to the extent that these solutions are ancillary or compilemientary to the equipment, products, or services being proposed. 2. The primary focus of this solicitation is on Flooring Materials with Related Supplies and Services. This solicitation should NOT be, construed to iniclude a services-only solutions. 1 This solicitation does not include those equipment, products, or services covered under categories included in pending or planned Sourcewell solicitations, or in contracts currently maintained by Sourcewell, identified below: a. Athletic Surfaces with Installation, Related Equipment, Materials, and Services (RFP #03,1022); and, b, Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies, (RFP#1031622), Rev, 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 4 7239 Generally, the solutions for Participating Entities are,turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status, However, equipment-only or products-only solutions may be appropriate for Situations where Participating Entities possess the ability, either in-house or through local third- party contractors,to properly install aind bring to operation thie equipment or products being proposed. Sourcewell prefers suppliers that provide a sole souirce of responsibility for the equipment, products, and services provided under a resulting contract, If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal,. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address,how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to,serve Participating Entities under a resulting contract. Sourcewell encourages suppliers to offer the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of'Sourcewell current and future Participating Entities. C. REQUIREMENTS It is expected that proposers have knowledge of all applicable industry standards, laws, and reguilations and possess an ability to market andl distribute the equipment, products, or services to Participating Entities. L Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes, 2, Deviation from industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services wiiI provide equivalent function, coverage, performance, and/or related services, 3, New Equipment and Products. Proposed equipment and products must be for new, ,current model; however', proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. 4. Delivered and operational. Ulnless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational. 5, Warranly. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. D. PROSPECTIVE CONTRACT TERM The term of any resulting contract(s) awarded by Sourcewell under this solicitation will be four years. Sourcewell, and,supplier may agree to up to three additional one-year extensions Ibased on the best interests of Sourcewell and its Participating Entities. Sourcewell retains the right to Rev. 3/2022 Sourcewell RFP 40,61323 Flooring Materials with Related Supplies and Services Page 5 7240 consider additional extensions beyond seven years as required under exceptional circumstances. E. ESTIMATED CONTRACT VALUE AND USAGE Based on, past volume of similar contracts, the estimated annual value of all trainsactionis from contracts resulting from this RFP are anticipated to be USIA $60 Whorl; therefore, proposers are expected to propose volume pricing, SourceweH anticipates considerabie activity under the contracts) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed,, F. MARKETING PLAN Proposer's sales force will be the primary source of communication with, Participating Entities, The proposer"s Marketing Plan should demonstrate proposer's ability to deploy a sales force or dealer network to Participating (Entities, as well as proposer's sales and service capabilities. It is expected that proposer will promote and market any contract award. G. ADDiTlONAL CONSIDERATIONS 1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. 2. A proposer may submit only one proposal, If related, affiliated, or subsidiary entities elect to submit separate prolposais, rather than a, single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion. 1 if a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation. 4. Proposers shou�ld!, include all relevant information in its proposal, since SourceweH cannot consider information that is not included in the proposal. SolurcevveH reserves the right to verify proposer's information and may request clarification from a proposer, including samples of the proposed equipment or products. 5, Depending upon the responses received in a given category, Sourcewell may need to organize responses into suibcat�egories, in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities.Awards may be based on a su,bcategory, 6, A proposer's documented negative past performance with Sourcewell or its Participating Entitles occurring under a previously awarded S,ourcewell contract may be considered in the evaluation of a proposal. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 6 7241 Ill. PRICING A. REQUlREMENTS All proposed pricing must be: 1, Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Dine-item Pricing is pricing based on each individual product or services. Each line must Indicate the proposer's published "List Price," as well as the "Contract Price." b, Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price (MSRP) for the products or services. individualized percentage discounts can be applied to any number of defined product groupings,. Proposers will be responsible for providing and maintaining current published MS,RP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any contract resulting from this RFP. 2, The proposer's not to exceed price. A not to exceed price is the highest price for which equipment, products, oir services may be billed to a Participating Entity, However, it is permissible for suppliers to sell at a price that is,lower than the contracted price. 3,. Stated in U.S. and Canadian dollars (ais applicabile),. 4. Clearly understandable, complete,and fully describe the total cost of acquisition (e.g,, the cost of the proposed equipment, prodlucts, and services delivered and operational for its intended purpose in,the Participating Entity's location),.. Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items, such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs, and their relationship to the, proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal. B. ADMIINISTRATIVE FEES Proposers awarded a contract are expected to pay to Sourceweil an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calcuilated as a percentage of the total sales to Participating Entities for aill contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent(2%). ln, some categories, a flat fee may be an accepta,ble,alternative. IV. CONTRACT Proposers awarded a, contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the, proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements aind cannot be altered. Numerous and/or onerous exceptions that contradict Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 7 7242 Minnesota law may result in the proposal being disqualified from further review and evailuation, To request a modification to the template Contract,, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered, Exceptions must: L Clearly identify the affected article and section, 2. Clearly note the requested modification; and as applicable, provide requested alternative language. Unclear requests will be automatically denied. Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature. If a proposer receives,a contract award resulting from this Solicitation it will have up to 3,0 days, to sign and return the contract., After that time, at Sourcewell's sole discretion, the contract award may be revoked. V. RFP PROCESS A. PRE-PROPOSAL CONFERENCE Sourcewell will hold an optional, non-miandaltory pre-proposal conference via webcast on the date and time noted in the,Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal,The purpose of this conference is to alllow potential proposers to ask questions regarding this RFP and Souricewell's competitive contracting process. Information about the webcast will be sent to all entities that have, registered for this Solicitation opportunity through their Sourcewell Procurement Portal Vendor Account, Pre-pirolpoisal conference attendance is optional. B. QU,ESTI0N,S_REGARDING, THIS RFP AND ORAL COMMUNICATION All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and' identifying information will be removed from the submitted questions. All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process, Do not contact individual Sourcewell staff to ask questionis,or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. Rev. 3/2022 Sourcewefl RFP#061323 Flooring Materials with Related Supplies and Services, Page 8 7243 C. ADDENDA Sourcewell may modify this REP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the REP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. it is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time. If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will 'WITHDRAW the submission and change the proposer's proposail status to, INCOMPLETE The proposer can view this status change in the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account, The Proposer is solely responsible to check the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically,after submitting its proposal (and up to the Proposal Due Date), If the proposer's proposal status has changed to INCOMPLETE, the proposer is solely responsible to: i) make any required adjustments to its proposal; ii) acknowledge,the addenda; and iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above. D. PROPOSAL SUBMISSION Proposer's complete proposal must be submitted through the Solurcewell Procurement Portal no later than the date and time specified in the,Solicitation Scheduile. Any other form of proposal submission, whether electronic, paper, or otherwise,will not be considered by SourcewelL Late proposals,will not be considered. it is the proposer's sole responsibility to ensure that the proposal is received on time. It is recommended that proposers aillow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewel I is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technicall support posted in the portal.. It may take up to 24 hours to respond to certaiin issues. Upon suiccessful submission of a proposal, the Sou,rcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Source well's support provider at su p.ort2bidsandltenders.ca, Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials w th Related Supplies and Services Page 9 7244 To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from thiird party, the onus is on the proposer to create a Source,well Procurement Portal Vendor Account and register for this solicitation opportunity. Within the Sourcewe,ll Procurement Portal, all proposals must be digitally acknowledged: by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By s,uibmitting a proposal, proposer warrants,that the information provided is true, correct, and reliable for purposes of evaluation for potentials contract award., The submission, of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law. E. GENERAL PROPOSAL REQUIREMENTS Proposals, must be: • In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected. • Complete. A proposail will be rejected if it is conditional or incomplete. • Submitted in English. • Valid and, irrevocable for 90 days following the Proposal Due Date, Any and all: costs, incurred in responding to this RFP willl Ibe borne by the proposer, F, PROPOSAL WITHDRAWAL Prior to the proposal deadline, a proposer may withdraw its proposal. G. OPENING The Opening of proposals will be conducted electronically through the Sourcewel I Procurement Portal.A list of all proposers will be made publicly available in the Sourcewel,l Procurement Portal after the Proposal Due Date, but no later than the Opening time Misted in the Solicitation! Schedule. To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to "All" or"Closed."The solicitation, status will automatically change to "Closed" after the Proposal Due Date and Time. VI. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewefl to award one or more contracts to responsive and responsible proposers offering the best overall qluality, selection of equipment, products, and services, ands Rev.3/2022 Sourcewell RFP#061,323 Flooring,Materials with Related Supphes and Services Page, 10 7245 price that meet the commonly requested specifications of Sourcewell and its Participating Entities.The award(s) will be limited to the number of proposers that So�u,rcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the niumber of contracts to be awarded in any category may include the following: Total evaluation scores (giving consideration to natural breaks in the scoring of responsive proposals); The number and geographic location of highest-scoring proposers that offer: * A comprehensive selection of the requested equipment, products, or services; * A sales and service network ensuring availability and coverage for Participating �Entities' use,; and * Other attributes of the proposer or contents,of'its proposal thiat assist Participating Entities in achieving environmental and soci�al requirements, and goals,. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product. B. AWARD(S) Award(s) will be made to the highest-scoring proposers) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in thiis RFP. Source,weli may request written, clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell, Evaluator Scoring Guide (a copy is,available in the Sourcewell Procurement Portal): Conformance to, RFP Requirements 50, Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan 510 Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400 TOTAL POINTS 1000 C. PROTESTS OF AWARDS Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell's Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 11 7246 Box 219, Staples, IVIN 56479. All documents that comprise the complete protest package must be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later than 10 calendar days following Sour,cewelll's notice of contract award(s) or non-award. and must be time stamped by Sourcewell no later than 430 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting clocumentation. A protest that merely requests a re-evaluation of a proposal's content will not be entertained A protest must include the following items: • The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number; • A precise statement of the relevant facts; • identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest; Any additional supporting documentation; • The originail signature of the protester or its representative; and • Protest bond in the amount of$20,000 (except where prohibited by law or treaty). Protests that do not address these elements will not be reviewed. Di. RIGHTS RESERVED This REP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or,do not support ain attribute or condition stated by the proposer may be rejected. Sourcewell reserves the right to: • Modify or cancel this REP at any time; • Reject any and all proposals received; • Reject proposals that do not comply with the provisions of this REP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disquafify any proposer that does not meet the requirements of this REP, is debarred or suspended by the United: States or Canada, State of Minnesota, Participating Entity's state or province,; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; • Waive or modify ainy informalities, irregularities, or inconsistencies in the proposals received; • Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer; • Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and Rev.3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 12 7247 0 Award a contract to one or more proposers if it is in the best interest of Participating Entities. E. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell aind will become public record in accordance with Minnesota Statutes Section 13,.5911, after negotiations are complete. SourcewelI considers that negotiations are complete upon execution of a resulting contract. It is the proposer's responsibility to cleairly identify any data submitted that it considers to be protected. Proposer must also include a justification:for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either subistantiailly or in their entirety. Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret, materials. Financiail information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. Rev. 3/2022 Sourcewell RFP#0161323 Flooring Materials with Related Supplies and Services Page 13 7248 Sourcewell 05/09/2023 Addendum No. 1 Solicitation, Number: RFP f761323 Solicitation Name: Flooring Materials, with Related Supplies and' Services Consider the following Question and Answer to be part of the above-titled solicitation documents., The remainder of the documents remain unchanged. Question Referencing Table 14B Line perm 95, "Describe any performance standards or guarantees that apply to your services", Is "services" Intended to mean Installation Services or,Warranty Services` Answer 1: Table 14A affords a proposer the opportunity to describe their warranty program and coverages. Table 14B is intended to alllowv a proposer to describe any performance standards or guiarantees associated with any services offered as part of their proposal.. End of Addendu.urm Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewwell Procurement Portal on 0,5/09/2023, is required at the time of proposal submittal. 7249 Sourcewell 05/16/2023 Addendum No. 2 Solicitation Number: RFP 061323 Solicitation Name: Flooring Materials, with Rebated Supplies and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question, 1. Will the pre-proposal conference be recorded; Answer°1: A copy of the presentation slides for the Sourcewrell pre-proposal conference will be made available to all, registered vendors after the completion of the wwelbcast. In addition, assuming no technical difficulties, a link to a recording of the wwebcast will be shared and posted within the RFP<s "Bid Documents" section on the Sourcewwell Procurement Portal., End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewvell Procurement Portal on 05/16/2023, is required) at the time of proposal submittal. 7250 ,Sourc,ewe� ll 4"k ' , 05/17/2023 Addendum No. 3 Solicitation dumber: RFP 061323 Solicitation Name, Flooring Materials, with Related Supplies and Services Consider the following Question, and Answer to be part of the above-titled solicitation documents.. The remainder of the documents remain unchanged. Question 1: Table 2R; indicate below if the listed products or services are offered within your proposal'. provide additional comments in the text box provided, as necessary, Where is the text box or how do we add a box to provide additional comments. Answer 1: The text box was not appearing due to a system setting oversight and has since been corrected. End of Addendum Acknowledgement of this Addlendum to RFP 051323 posted to the Sourcewell Procurement portal on 05/17/20,233, is required at the time of piroposal submittal. 7251 Sourcewell ;l 0 /1 /202 Addendum No. 4 Solicitation Number: RFP 061323 Sollicitation Name; Flooring Materials, with, Related Supplies and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents, The remainder of the documents remain unchanged'. Question 1: What is the expected delivery timeframe after a PCB is issued? Answer,1: Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based on detailed specifications, finite quantities, or pre-determined locations. Sourceweli participating entities include thousands of public agencies located in the United States and Canada.There is no estimate of participating entity use by service type or category. Question 2: Can, you elaborate on the marketing plan?' It is unclear to me to whom my firm will be promoting and marketing our services/goods, and what such promotional activities might Nook like. Answer 2: Refer to RFP Section II. F.- (Marketing Plan,for guidance on the marketing plan, requirements. Each piroposer, in its discretion, will determine the content of its marketing plan. The solicitation is a competitive process and proposals will be evaluated on the content submitted. Question 3: If my company does not have a CAGE code or a Unique Entity Identifier (SAM), only a Federal Employer Identification Number(FEIN), are we allowed to participate in the RFP? 7252 Answer 3: A CAGE or Unique Entity Identifier(SAM) code is not required to be considered for or awarded a Sourcewell contract. Proposals are eval'uated based on the criteria as stated in the RFP,. Refer to,the General Instructions above Questionnaire Table 1—"...respond "N/A" if the question, does not apply to you (preferably with an explanation)." End of Addendum Acknowledgement of this Addendum to RFP 016:1 23 posted to the Sourcewell Procurement Portal on, 05/18/2023, is required at the time of proposal submittal, 7253 Sourcewell 05/23/2023 ,addendum No. 5 Solicitation Number: RFP 061323 Solicitation Name: Flooring Materials, with Related Supplies and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Referencing Table 7 Line Item 51: When asking about our company's expectations in the event of ain award, what are you really referring to? Ans er 1: In the competitive process, Souircewwelil will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine their internal) expectations should they be awarded a contract.. End of Addendum Acknowledgement of this Addendum to RFP O�61323 posted to the Sourcewwell Procurement Portal on 05/23/223, is required at the time of piroposal submittal. 7254 .Sourciewell 05/30/2023 Addendum No. 6 Solicitation Number: RFP 0611323 Solicitation Name: Flooring Materials with Related Supplies and Services Consider the following Addendum to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. —-—---------- RFP Addenclurn: The provider that services,the Sourcewell Procurement Portal rescheduled a production release of their application. Due to this update, the Sourcewell Procurement Portal will be inaccessible during the release night of June 12, 2023 from 7:�00 prn to 12:00am (EST). The remainder of the RFP content and the solicitation schedule remaiins unchanged. End of Addendum Acknowledgement of this Addendum to RFP'061323, posted to the Sourcewell Procurement Portal, on 05/'30/2023, is required at the time of proposal submittal. 7255 S o u rc e;we 06/02/2023 Addendum No. 7 Solicitation Numben RFP 061323 Solicitation Name: Flooring Materials, with Related Supplies and Services Consider the following Question and Answer to be part of the above titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Item 97:To identify any exception, or to request any modification,, to Sourcewefl standard Contract terms, conditions, or specifications,, a Proposer must submit the proposed exception(s) or requested modification(s) via, redline in the Contract Template provided in the "Bid Documents" section, Proposer must upload the redline in the "Requested Exceptions" upload field. All exceptions and/or proposed modifications are subject to review and approval by SourceweH and will not automatically be included in the Contract. Where do we find this Contract Template?Additionally, where do we locate the standard contract terms and conditions,? Answer 1: The Contract Template is available for download, (as well as the RFP) on thie Bid Details page of the SourcewelI Procurement portals. The Contract Template contains the standard contract terms and conditions. Enid of Addendum Acknowledgement of this, Addendum,to RFP 061323 posted to the Sourceweli Procurement Portal on 06/02/2023, is required at the time of proposal submittal. 7256 DocuSign Envelope IM 84096366-2C22-4E08-8244-E 13A66511 E107D SourceweH COMMENT AND REVIEW to the REQUEST FOR PROPOSAL(RFP')#061323 Entitled Flooring Materials with Related Supplies and Services The following advertisement was placed April 25, 2023 in USA Today, in South Carolina's The State, and on the Sourcewell website www,sourcewel[-mn,gov Sourcewell Procurement Portal https://'Proportal,!sourr-ewell- MLL,Zov y n , o April , Biddingo, Merx, PublicPurchase.com, The New York State Contract Reporter AAAnsc_ L, y2_V,Apr 1216, 2023 in Oregon's Daily Journal of Commerce, and April 25 and May 2, 2023 in The Oklahoman: Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Flooring Materials with Related Supplies and Services to result in a contracting solution or use by its Participating Entities. Sourcewell Participating Entities include thousands of governmentol, higher education, K-12 education, nonprofit, tribal government, and other Public agencies located in the United States and Canada.A full copy of the Request "or Proposals can be found on the Sourcewell Procurement Portal fhj qL W ell-mn. ov tps.j� pfgport sourp� , Only _ g_j proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 13, 2023, at 4:30 p.m. Central Time, and late proposals will not be considered. The solicitation process was conducted through the Sourcewelil Procurement Portal.The following parties expressed interest in the solicitation by reg stering for this opportunity within the portal: ----........................................................--.......... ............................... .................................................... Ac:cu Steel, Inc. Kal-Trading, Inc. AHF Products Karndean International, LLC .......................... American Biltrite (Canalcla), Ltdl. Manninigtoin Mills, Inc. Bentley Mills, Inc. Mathusek, Incorporated BOSS CARPET ONE,, LLC Mats, Inc. dba Matter Surfaces Britespain Building Systems,, Inc. Maxxoni, Inc, ...................................................................................................................... ............ .................. CBC America, LLC dbai TOLI1 International TOLI TOLI Corp. MegaCera, LLC .............................................................. ....................—--------- ......---..................--.------- ........................_a......_.............. CDK Logistics, LLC Milliken &Company ........................... ........................................................... ............-.................... .................................. cfs INTERIORS & FLOORING Milliken Services, LLC Champion Flooring Mohawk Carpet Distribution, LLC Division 9 Flooring W NPN Carpet Installation, Inc. ..................... ............ .......................... ...................... ............... 7257 DocuSign Envelope ID:84096366-2C22-4EO -82 Apt-El3A655IE07'D So o'�ewe�� flage 2 6 T Ecor,e International NWT& Nunavut Construction Association Eraser THe, LLC — OpIer Flooring Engineered Floors, LLC dba J+J Flooring Group PANDAFLOOR CONTRACTING, LTD, E..q-u.itabie ................. .............. -P\Aix—Pre-ss Excelsior Concrete Coatings RB &G Products, LLC dba Zand'ur Facility Armor Regina Construction Association Floorsite, Inc. Resell Solutions, LLC -.11-11".."............. ---------- Forbo Flooring, Inc.,dba Forbo Flooring Systems Roppe Holding Company Freedom Construction, LLC Sentinel Polymers Canada, Inc. Gerflor USA Share Corporation Giant!Floor and Wall Covering Co., inc. Shaw Integrated and Turf Solutions, Inc. Good News Group, Inc. ry Sled Consulting, LLC Great Floors, Inc. I�—Tarkett USA, Inc. healthchek network, LLC Tiles In Style DBA Taza Supplies, LLC i UPOFLO,OR Americas, Inc, dba: Kahrs, Interface Americas, Inc. Commercial Flooring All Proposals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the Souircewell Procurement Portal, on June 13, 20,23 at 4:�31:17 pm CT. Proposals,were received from the following. Bentley MHIs, inc. CBC America, LLC dba TOLI lnternabonal TOO TOLL Corp. Champion Flooring Diviision 9 Flooring Emser Tile, LLC Engineered Floors, LLC dba J+J Flooring Group Facility Armor Forbo Flooring„ inc., dba Forbo Flooring Systems Gerflor USA Giant Floor and Wall Covering Co,, Inc. Interface Americas, Inc. Karndean International, LLC Manniington Mills, Inc, Mats, linc. dba Matter Surfaces Maxxon, Inc. MegaCera, LLC Villiken Services, LLC Mohawk Carpet Distribution, LLC RB & G Products, LLC dba Zandur Rope Holding Colimpany Shaw Integrated and Turf Solutions, Inc. Tarkett USA, Inc. UPOFLOOR Americas, inc, dba Kahrs Commercial Flooring 7258 Doc u&gn Envebpe 10,840196366-2C22-4E08-8244•E 13A6551 E07D S o u rce,�Vef 1 firl a la e 3 o� 6 Proposals were reviewed by the Proposal Evaluation Cornrnu'ttee: James Voelker, CPCM, CFCM, Procurement Supervisor Carol Jackson, Procurement Analyst Brandon;Town, NIGP-CPPI, CPSM, CPSD, Procurement Analyst Nick Scholer, Procurement Analyst The findings of'the Proposal Evaluation Committee are sure marl zed as follows: The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that the products and services offered in the proposal response from Champion Flooring,, fell outside of the Requested Equipment, Products, or Services of the RFP. All other proposals were found to meet the scope and mandatory submittal requirements and were evaluated, Bentley Mills, Inc., manufactures a wide selection of flooring options including resilient,vinyl, broadloom, carpet tile,flooring hybrid, and rugs. Their sales staff and service network will work throughout the Umted States and Canada to serve Sourcewell, participating entities. Bently Mills, Inc.,actively promotes, recycling and carpet waste minimization through their FULFILL program.They are offering,substantial discounts off list price. Division 9 Flooring, dist6butes,a comprehensive catalog of flooring solutions such as resilient, ceramic, porcelain tile,wood, hardwood, laminate, rubber, vinyl, broaidloom, carpet tile,epoxy,flooring hybrids, floor mats, and rugs., Their sales and installers are ready to serve Sourcewell participating entities in the United States and Canada, Division 9 Flooring is a na!tionailly certified Woman-Owned Business from both NWBOC and WBENC.They are offering Sourcewell participating entities competitive pricing discounts, Porbo Flooring, Inc., provides a broad offering of flooring types including resilient, vinyl, broadloom, carpet tile, flooring hybrids, and floor mats. Their sales staff and dealer network will serve Sourcewell participatmng entities throughout the United States and Canada.All of Forbo Flooring's product categories offer 100%safe and traceable raw materials, They are offering considerable discounts off list price. interface Americas, Inc,, manufactures a variety of flooring options such as resilient, rubber,vinyl, and carpet tile, Their sales team and extensive dealer network are ready to serve Sourcewell participating entities in the Ulnited States, Interface Americas' flooring products are carbon neutral across th6ir full product life cycle through their third-party verified Carbon Neutral Floors"A program, They are offering Sourcewell participating entities solid pricing discount. Mannington Mills, Inc., is a manufacturer of resilient, rubber,vinyl, broadloom, carpet tile, and rug flooring solutions, Their regionally aligned sales teams and 400 dealer/installer partners will work throughout the United States to serve Sourcewell participating entities. Manning�ton Mills' commercial products can also contribute credits towards LEED, WELL, and other green building rating certifications.They are offering competitive discounts off list price. Mats,, Inc., distributes,a, solid s,electlon of resilient, wood, rubber, vinyl, broadloom, carpet tile, flooring hybrids, floor mats, and rug flooring materials. Their internal sales staff and dealer partners are ready to serve Sourcewell participating entities in the United States and Canada. Mats, Inc., offers sustainable flooring solutions that support green building and certification programs including LEER, IMindful Materials, and WELL Building Standard and are also a signatory of the Manufacturer Materials Pledge with Mindful Materials,They are offering Sourcewell participating entities solid discounts from list pricing. 7259 DocuSign Envebpe 10:84096366-2C22-4E08-8244-E1 3A6551 F07D S C) I 11 e vv�,a 4 Inge 4, 6 Milliken Services, LLC, provides a full selection of flooring solutions including resilient, ceramic, porc61ain tile, wood, hardwood, laminate, rubber,vinyl, broadloom, carpet tile, epoxy,flooring hybrids,floor mats,and rugs. Their sales staff and dealer network of over 7000 will work throughout the United States and Canada to serve Sourcewell participating entities. Milliken Services' acoustic techinolog,y of their carpet the solutions reduces in- room and through-floor noise by up to 50% compared to other flooring. They are offering substantial discounts off list price, Mohawk Carpet Distribution, LLC, manufactures a wide variety of flooring solutions including resilient, laminate, rubber, vinyl, broadloom, and carpet tile.Their commercial sales force and, dealer network are ready to serve Sourcewell: participating entities in the Ulnitied States and Canada. Mohawk Carpet Distribution's, Ec!oFlex ONE backing is 100%carbon neutral and additionally provides a 5%carbon offset, They are offering Sourcewell participating entities solid pricing discounts. �Roppe Holding Company, is a manufacturer of flooring solutions such as resilient, rubber, and vinyl.Their regionally aligned sales staff and distributor partners will work throughout the United States and Canada to serve Sourcewell participating entities. All of Roppe Holding Company's products are emissionis tested to GreenGuard Gold or Floor core certification.They are offering competitive discounts,off list price. Shaw Integrated and Turf Solutions, Inc., provides a large selection of resilient, ceraimi�c, porcelain tile,wood, vinyl, broadloom, carpet tile,flooring hybrids,floor mats, and rug flooring solutions.Their sales staff and installation partners are ready to serve Sourcewell participating entities in the United States and Cainada. Shaw's re(TURN]O Reclamation Program allows for the return of EcoWorx, ReWorx, and Shaw-made resilient flooring to be diverted from landfills and recycled into new products.They are offering Sourcewell participating entities substaintial pricing discounts. Tarkett USA, Inc., manufactures,a wide selection of resilient, ceramic, porcelain tile, laminate, rubber, vinyl, broadloom,carpet tile, epoxy,and flooring hybrid solutions. Their sales force and approved dealer network will work throughout the United States and Canada to serve Sourcewell participating entities.Tarkett USA's products are Cradle to Cradle Certified"'for five criteria which include, material heaith, product circularity, renewable energy and climate requirements,water stewardship, and social fairness, They are offering competitive discounts off list price. For these reasons,the Sourcewell Proposal Evaluation Committee recommends award of Sourcew0 Contract #061323to: Bentley Mills, Inc. #061323-BPS Division 9 Flooring #061323-DV9 Forbo Flooring, Inc., dba turbo Flooring Systems #061323-FRO interface Americas, Inc, #061323-IFA Mannington Mills, Inc. #1061323-MMI Mats, Inc. dba Matter Surfaces 9061323-MAT Milliken Services, LLC #061323-MAC Mohawk Cairpet Distribution, LLC #061323-MCD Roppe Holding Company #061323-RPP Shaw Integrated and Turf Solutions, Inc. #061323-Sll Tarkett USA, Inc, #061323-TFU 7260 Docv ign Envelope ID:840983 8-2 2 -4 O8-8 44- 113A6 a 1 EO70 The preceding recommendations were approved can July 21, 2023. 01 uu�.�r�q ned by James Voelker, CPCM, CFCM, Procurement Supervisor, Carole Jackson, Procurement Analyst DocuSignkd b'y,`.. � f Brandon Town, IGP-CPP, CPSMI, CPSD, Procurement Analyst Q.SKxa:bay gnoid by; WI�MOODCAOMV Nick Scholer, Procurement Analyst 7261 Doc u&gn Envelope ID W96366-2C22-408-8244-El 3A6551 E070 S �-Iag"�' 6 of 6 ot I rc�'aw ell STATEMENT OF COMPLIANCE As,Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee, and the accompanying support materi,ails documenting the process followed for RFP#06132,3 for Flooring Materials with Related Supplies and Services. The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted to the Chief Procurement Officer in Sourcewell's bylaws,the recommendations set forth above are approved. I hereby certify;. 1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts. 2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to Sourcewell's Procurement Policy. —DorwStgned bV . ............. Jeremy Schwartz, CSSBB,CPPO, NlGP-CPP Sourcewell Chief Procurement Officer 7262 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $1,00,000.00 and Under Tiki Huts Effective Date: July 31,2025 Expiration Date: 30 Days after NTP Contract Purpose/Description: One NEW TIKI HILT 1OX16 SINGLE ROOF at Higgs Beach Tennis Courts *SYNTHETIC* Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Tammy Acevedo 8776 Parks & Beaches/Stop#2 CONTRACT COSTS Total Dollar Value of Contract: $ 12'020.00 Current Year Portion: $ (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the ist 11 aint ihlii�c 4Imt ni is sl00,000.00 or lw�kk). Budgeted? Yes No� Grant: $ County Match: $ 0.00 Fund/Cost Center/Spend Category: 20502-00038 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES W NO W CONTRACT REVIEW Reviewer Date In Department Head Signature: John Allen Digitally signed 1 John All-0 Date'.2025.07.3 13'.21'.OB-04'00' Ana Walter Digitally signed by Ana Walter County Attorney Signature: Date''2025 08'0110'.39'22-04'00' Jaclyn Flatt Digitally signed by Jaclyn Flatt Risk Management Signature: Date''2025'08'0110'.45''49-04'00' Purchasing Signature: Lisa Abreu Digitally signed 1 Lisa Abreu Date'.2025.08.0 11'.23'.48-04'00' Andrew Roltsch Digitally signed by Andrew Roltsch OMB Signature: Date'.2025.08.01 13'.38'.36-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 7263 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the July , 2025 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Tiki Huts by Advance Construction Corp. 19401 S.W 187 Ave.. Miami, FL 33187 For the following Project: One 10x16 Single Roof (Synthetic)New Tiki Hut at Higgs Beach (Tennis Courts) 1000 Atlantic Blvd. Key West, FL 33040 Scope of the Work The Scope of Work shall include, but not be limited to all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Work shall include one NEW TIKI HUTS 1OX16 SINGLE ROOF *SYNTHETIC Scope of work shall include the following: 1. The Contractor shall obtain all necessary permits, including any fees, as a part of the Proposal. 2. The Contractor shall provide labor, equipment, and all of the needed materials and hardware to complete the project and properly dispose of debris. See General Conditions. Page 1 of 26 7264 3. The Contractor shall provide storage containers for material, as needed. 4. The Contractor shall provide necessary waste disposal and daily clean up. 5. The Contractor shall provide adequate security to protect delivered products from theft, vandalism, or damage during the installation. 6. Installation shall commence upon delivery and proceed without interruption until complete. Contractor Responsibilities: A) The Contractor shall coordinate all activities with the Monroe County Parks and Beaches Department. Contact: Tammy Acevedo at 305-453-8776 B) The Contractor is required to provide protection for all existing surfaces including, but not limited to: ii. Existing fencing and building iii. Vehicles and Personal Property iv. Landscaping C) The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. D) The Contractor shall load, haul, and properly dispose of all construction debris and materials. E) The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. F) The Contractor shall furnish all required work site safety equipment. G) The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. H) Construction work times shall be limited to: Times specified by Monroe County Parks and Beaches 1) All materials must be approved by submittal prior to commencement of work. J) The Contractor needs to be aware of weather and location and plan accordingly. K) The Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. L) The Contractor shall provide a safety lift plan for any crane/hoist work. M) If applicable, Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment. N) The Contractor shall provide a schedule for all phases of the project. Page 2 of 26 7265 O) The Contractor shall coordinate all activities with concurrent site work being performed, if any. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), , Specifications, and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 10. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Thirty (30) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Parks and Beaches signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b)flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, Page 3 of 26 7266 hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Nineteen Thousand, Two Hundred,Twenty and 00/100 Dollars ($19,220.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A ARTICLE 5 Progress Payments [Not Used] ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Parks and Beaches. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (Samples in Section 01027, Application for Payment) are required for Final Payment: A. Warranties, bond and guarantees. B. Operating and maintenance data, instructions to the Owner's personnel. C. Spare parts and maintenance materials. D. Proof of permit closure. Page 4 of 26 7267 E. Evidence of release of liens, if any. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or in accordance with the State of Florida retention schedules (https://dos.fl.gov/library-archives/records- management/general-records-schedules/), whichever is greater. . Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. b) Right to Audit (Availability of Records). The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting Page 5 of 26 7268 documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk")to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. c) Governing Law, Venue, and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie exclusively with the appropriate court, or before the appropriate administrative body, in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. d) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person)shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. e) Attorney's Fees and Costs. The County and Contractor agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and courts costs in appellate proceedings. Page 6 of 26 7269 f) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. g) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. h) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. i) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 9 concerning termination or cancellation. j) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. k) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4)The Age Discrimination Act of 1975, as amended (42 USC§§ 6101- 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing Page 7 of 26 7270 of housing; 9) The Americans with Disabilities Act of 1990 (42 USC § 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11)Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September Page 8 of 26 7271 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. I) Covenant of No Interest. The County and Contractor covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m) Code of Ethics. The County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. n) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Page 9 of 26 7272 o) Employment or Retention of Former County Officers or Employees. The Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. p) Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. a. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. b. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable Page 10 of 26 7273 requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT PHONE NO.: (305) 292-3470, PUBLICRECORDS@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. q) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. r) Privileges and Immunities.All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. s) Legal Obligations and Responsibilities: This Agreement is not intended to relieve, nor shall it be construed as relieving, any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Page 11 of 26 7274 t) Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended to authorize, nor shall it be construed as authorizing, the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. u) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. v) Attestations. The Contractor agrees to execute such documents as the County may reasonably require, to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, a Vendor Certification Regarding Scrutinized Businesses, and an Affidavit Attesting to Noncoercive Conduct for Labor. w) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. x) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. If any signature is delivered by email delivery of a".pdf'format data file, such signature will create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if the ".pdf' signature was an original signature. The Contractor's transmitting an electronic signature will provide the inked original to the County, at the County's request. y) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, and/or to the fullest extent permitted by law, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar Page 12 of 26 7275 value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. z) In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. aa) The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. bb) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the COUNTY as additional insured. cc) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find the Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. dd) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. ee) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. ff) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Page 13 of 26 7276 gg) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery and delivery pre-paid. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Tiki Huts by Advance Construction Corp. 19401 S.W 187 Ave.. Miami, FL 33187 For Owner: Director of Parks and Beaches Assistant County Administrator 2798 Overseas Hwy, Suite 400 1100 Simonton St. Suite 2-205 Key West, Florida 33040 Key West, Florida 33040 County Attorney 1111 121h Street, Suite 408 Key West, Florida 33040 ARTICLE 8 Insurance 8.1 The Contractor shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. 8.3 Contractor shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440, Florida Statutes. Page 14 of 26 7277 B. Employers' Liability Insurance with limits of $500,000 per Accident, $500,000 Disease, policy limits, $500,000 Disease each employee. C. Comprehensive Business Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000 Property Damage or $300,000 combined single limit. D. Commercial General Liability Insurance, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Contractor or any of its employees, agents or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit E. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. F. County shall be named as an additional insured with respect to Contractor's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. Contractor shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of Contractor if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subcontractors. H. Contractor shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured. The County reserves the right to require a certified copy of such policies upon request. I. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. ARTICLE 9 Termination or Suspension 9.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 9.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days' written notification to the Contractor. 9.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. Page 15 of 26 7278 9.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 9.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.7 For Contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, the County shall have the option of(1) immediately terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, Florida Statutes relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement, or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 10 Enumeration of Contract Documents Page 16 of 26 7279 10.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: N/A 10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 10.1.2 The General Conditions are the General Conditions of the Contract for Construction. By signing this Agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County webpage: //fill moniroecoun.l „cliivliic Illus„com/14 Bids„as x Calllll ,,,,,,.11 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,,,,,,,,..........................P,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.......................... 10.1.3 Not Used. 10.1.4 The Addenda, if any, are as follows: N/A This Agreement is entered into as of the day and year first written above. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 17 of 26 7280 -mculhq sy tho Conhac%r m � Me Yj;, wevor, nno4y to bmd the enbly !IGNATURE OF THE PERSON EXECUNNG -YF D Q,. UMENT MUST BE NOTARVED, 111`1r1011'14F,"I'D Orl C0'/,,JfNT"Y ,OE FL'C'�"Ru IP611, ........................ "n t-J,T R A CT'0 R t6k kt y A n v Y I v Dan Qz- :41 IIIIII—s-- 0 u m 5A Lc Q On tNs TINY 0 —,""1 r nnve, thr, ui na wy by MqW3 anqp!twat p,esHnce coop PN nxd�y W ON, — th Q WAN,r ,- OX.Dwd ul"O, ),�)1001 MHi 'Aanra i you to- We instaNaUan �4EW 7lKP,, �HIYTS I + IOXID SINGLQARGCF "SYNTHETTI, MwAn arMhed IJA y'aJ ry rr Llr it`aarf i f df y JI'l ASSIC All F T rllf G,,l q l 4a`m ',Co9p,'f, 11"I'll, "�e'A'gh Nglfv,A ',,�,Llj Ape IS A 211"'1 7281 GENERAL REQUIREMENTS Where Parks and Beaches is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information— (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 19 of 26 7282 EXHIBIT A Required County Forms Exhibit B Page 20 of 26 7283 OS1111111 HNG AND C'C'°W 'Pll...K OF p lERESI CIAUS ' SlPvW�Zdp S I. ..I:EMEN� a' ��dp0����i��� 0"10,1990 �i �"'Ili alp�WE(":0W,LII'IN "Y 'di'm IIL(.(1I111!!UD" 1' T p p1IC, a CLX,.J"41'... th �� �4ty� errjp kGt yr,''id, l a:Sa"riied tyu�° Q:1S�ur.l N^a€u"�i e had d act o�"p �°u1.�r� s �:eha Y any R r'li��P!�r.. by �ua.F� 1 r a;"�. a�rx,rii9. rx�lra�aANu° rxr enirpoaprxaee Sri ,rirxWn rxfS�tr (,xiu 2 rxr per,f,: iiance No, OW990 or any County rM+rmrw r:a- emprGr:Vr.rr. u rrurxGarSbr'°i�of°ea:db r 3 o pXdi i,•'?fir`ce Nc. 0 1(l p99(p ). I r:'ar° Lrrea ,',',,h rxr v, (,a a t rxi i lhr s pua.aOsk�� i r thr,,,� COLUlty rrrary, in Apr.,", rSrr.a�r�;pprxra, ter rniaa�apr. 1[0,s Nvrphmg ha•sWy and rnasrr aGr.�m i5ts dr^ar.rpGa`n rpaNcl fi(�1rrjt the or pPfrahase pHcfi., or o1wrwle Yf.6,Cwe the hA a"ua'nou t any fee, 4CY�'lilfY�r."4Q:y�""V p ef'C;rnt rr'je, s°pulp.rxr cr'.rr i. iderraatio r paald 5 the 1!l1P rrlieFr County oR cer°or employee. ( ar 9aapaRe) pa le .. a T/r I.E-7 P r!` ,,.. &NrrbSr,utr ap and.awav to(or at'si rre before icre Pad icr¢,waw'� of if �:',,resence or rrnl<<re parr G :.rp�xi r, 4:;'i r .� ... N M _n ���� (date) µ ,yg 1}r % �"'n°�ji uo�.f 10�' v,l'� or°� .�'til� � m' ,.,.,...,. o k�iPa.'$�11` '+1 p pf.�1'va 6"'r 1�aav 1 � rvM :� r'V'"ll>�.'u"w p � �bl4d°kppv pP r�. fit" to p7areaa p.n,)du cr r ¢( ; , o U.aen ffic Hoinl as denUkakn. a 2 p. r win F',a,.e 23 M 26 7284 FrI I Y, ,,yy DR OR SEAC`bo R III'.i" t ^ y7t ^ .... r .. �r JJar £T ,M,w. k1,� 'r If'I'+l'if�� Ir. t' .r#.�r""-£ 1. �41f I�r�,�.�, 1 if �;I.AP �i ,�,I °I 4 C4hi: U S�,l J] mOI., 1,10 .al ,rlr r�rb,r of'j i as �,c ,c ,. v X ! ,. i!'ti,r I , I `t ��fIAIY��I�G'�dl'�p�piV�Y(�8 �� i� �mm�l� IIVIIO RO m IOIOIuu�wNmlo�wuww� rtn��nuro�w����wuuw�wwo uuuuuumw� rvmmmm �o �,��oo� � ,�«a 7285 II�IIIIIIIOIOII�I�IIOIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIOIIOIIOIIIOIOIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIOIIOIOIOIOIOIOIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIOIIOIIOIIOIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImImIIm�II�VUVUVUVVVVVVVuuuVuuuuuuuuuuuuuuuuuuuuuuuuuolouumolouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuouomioiomnnnnnniuu000000mrr oouuoi o000000000 ��������� .......................... --.... .. .... .... PUBLIC ENTITY CRIME STATEMEWT who has be or pJamd on he cawkwd vendcwIKHoHaw&q a Cw( '0km!w PAQW0 Winnr,rr�ny not a hW nn a cw&W to pmoN, wq9c0d,,or ;(,i'viees to A PUI)kr, rnay iniol s,.xt)rM a bd an a wWac'i,°A,,'Wl 4j r�wb�ic t nlity f""rr Of nqjw� ,at a btiOdiv°g or work, may nn� 0! proposaly or ispHes an feasen o! real pmpeny & PuNk eMAJ may no be awwdW or pckmr work as a cmw adix, "wwW ww"no M, or CONTRACTOR umWr a oxnaw w1h wV p=c einWi ' s,jw rniy nc)[ uBrrsacl InKness wah imy pudc e0ty, m exc�-�ss c,f'0K'j t'4IreShOW :�HVQUM PE,'0de(J SecInn 287 017, FIMS SMWNS for Rx a hew of 36 friorn 0,,e date r,�J bekig n6th'"""f — (.......... Wamd on Ow us NOW wwW7 mlItn;WWVJI'J�YV-"'[x (�V3"'rronths STME 04 CAN JNry (w SAambed wA soon 4 n"'trrq of Von) I krown "o is of "y va Page M W215 ....................... 7286 ............................................................... "VENDOR CERTIRCAI,10? RE,.GARDiNG SCRUVNIZEI'°, COMPANIES LISTS 4o"T's "s f3le,c-c C', ("A 5 CAA, J�.. ....... ✓Y Pr—y _ r,G ail",Yt. A �p O!('1,a?,Idve)r C) tpilwy is wil Or"� 4725, e" foqed 'rry, on, ,jtmnfiUni IT:rn.',cP`, )r mcm��, fln /,clt; f,.", n the", (n,on i!,, vv n vvr,,,re c ,a,', ,7 l') w:, 'n "ritif"n"Is fjn lho h�� tnt ,jn- Pro tok,SccO 1,1,Qd C!a,rn ij,i 1, e:�!> nY"s r Ust, 'I-li! �ravl pa" s si cv, n F� rx SVI�6 re h f ;"P d :,;Na .fi ye, iY ac, v,N I t I c", corWi -r,r or r �hn Bovc'uu -14, crila"agm"c", r or of,,-tc�cd J h X t n t h j,'�i r err cjr r """C 1J s w, ol syrl�rl F 1 , „�,,(i:1 r l;, ,�J a: L, C J Q, ......V, A�zvt "vIrl ,,[Z,H,')4, fMy goo'c"s W;ed UY P ............. 7287 .................................................................................. ............................................................ ....... EXHIBIT B CONTRACTOR PROPOSAL Exhibit B Page 25 of 26 7288 Exhibit B Page 26 of 26 7289 L 1. - i. l by Advanced Construction Corp. State Certified: CY-0000002 19401 S.W. 187 Avenue • Miami,FL 33187 Dade (305)259-0099 • Keys(305)664-0099 • Ft. Myers (239)368-9988 www.tikihuts.com CONTRACT Date 7/24/2025 Sales Rep. JAVIER HERNANDEZ 305-986-4305 Contract Submitted To: Job Site: Customer: Customer: Monroe County Parks and Beaches Higgs Beach Address: Address: 2798 Overseas Highway, Suite 400 1000 Atlantic Blvd City: 33 State: Zip: City: State: Zip: Marathon FL 33050 Key West FL 040 Tel: TAMMY - 305-783-8331 Fax: Tel: Fax: We hereby propose to furnish the materials and perform the labor necessary to do the following work on the property above: NEW TIKI HUT 10X16 SINGLE ROOF *SYNTHETIC All material are guaranteed to be as specified,and the above work to be performed in accordance with the specifications submitted for,and completed in a substantial workmanlike manner for the sum: $11 ,520.00 + Permit Fee $500.00 Payment Arrangement: ❑ New Contract: 50%deposit upon signing contract,40%day of commencement and final payment due on date of completion. ❑ Rethatch Contract: Deposit for materials, remaining balance due on date of completion. Acceptance of Contact Proposal: The above prices,specifications and conditions are satisfactory. I have read the terms and conditions on the reverse side of this contract and are hereby accepted.You are authorized to do the work as specified. Payment will be as specified above. There is a 3%convenience fee for all credit card transactions. Property owner is responsible for all underground utilities, i.e.water, phone,cable etc. resetting of pavers or decks. Due to the nature of the thatch roof not all leaves may be green. Accepted by: Date: Print Name: 7290 Terms and Conditions 1) Any changes,alteration or deviation from the above specifications will only be executed upon written change orders and will be an extra charge over and above estimate.Owner is responsible for all fees,including but not limited to,building permits and zoning or inspection fees.Builder is not responsible for any delays caused by strikes,accidents,acts of nature,or delays cause by things beyond builders control—permits and inspections included.Once the materials have been ordered this contract cannot be cancelled.Customer is responsible for all underground utilities and electrical installed inside or around the Tiki Hut. 2) When this is a rethatching contract,builder will change up to three(3)leaf carriers up to 10'long.There will be an additional charge for anything over three(3)pieces. 3) Tiki Hut will repair leaks for a period of 3 years from the day the Tiki but is complete.Our guarantee is limited to our materials and labor.We DO NOT guarantee against valleys,hurricanes,windstorms,fire,damages from birds,foreign materials or leaves falling on the structure,or any acts of nature. Should any leak occur within the warranty period due to defect in materials or our workmanship,we will repair same without charge.Notice of leak must be sent to company by fax,along with a copy of invoice,and proof that all amounts due to the company have been paid in full. 4) Tiki Hut and any of its directors,officers,employees,or other representatives will NOT be liable for loss or damage to any electronics,appliances,fixtures (ceiling fans,TV's,radios,stereo components,lights,existing electrical wiring,sprinklers,water pipes,electrical outlets,or personal items—including glass or clay items,etc.)arising out of,or in connection with,the rethatching,construction,demolition,or repair of any structure.This is a comprehensive limitation of liability that applies to all damages of any kind,including and not limited to,compensatory,direct,indirect or consequential damages or damage to property and claims of a third party.The property owner/renters are solely responsible to take down,remove or store any of the items mentioned above. 5) New structure proposal is valid for thirty(30)days from the date on the proposal.Fire retardant is not included in our price unless specified on page 1.If retardant is required by the building department,it will be done with an additional charge to customer.Ifso required,customer agrees to pay this additional charge. CONTRACT DEFAULT BY OWNER—The parties herein agree that any delays and/or interruptions of work caused by the owner,whether by intent or neglect shall constitute default and breach of this contract by the owner. Failure to make contract progress payments promptly when due shall constitute default and breach of this contract by the owner.The parties herein agree that in case of default and breach of contract by the owner,the contractor shall stop all work.Work stoppage for this reason shall not be deemed breach by builder. If default continues for a period of three (3) days,the entire unpaid balance of the contract shall then be due and payable.Owner shall then be entitled to have contractor complete all remaining work under this contract, provided all default related expenses which contractor may have incurred are also fully paid by the owner.Owner hereby grants the contractor a lien against the subject real property for all such sums,waiving any homestead protection otherwise available by law.Under no circumstances may the owner complete remaining work under this contract while default continues. Should the contractor incur any cost or expenses in collection,enforcement or litigation,the owner agrees to pay such costs and expenses on pre-trial,trial,and appellate levels including the contractor's reasonable attorney's fees.All sums payable to the contractor shall bear interest at the rate of 1.5%per month from the date that such payments were due to the date payment is received.The pump,filter and all other pool equipment shall remain the property of the contractor and shall be installed and made operational after the total contract amount has fully been paid,which the title to said equipment shall then be passed on the owner.Venue shall be in Miami-Dade County,Florida. BUYER'S RIGHT TO CANCEL—Buyer acknowledges that he or she has three(3)days to cancel contract.Cancellation must be done in writing,signed by the owner,and sent to our office by mail and facsimile. SELLER'S RIGHT TO CANCELLATION FEE—Buyer acknowledges that after three (3) day expiration period in which buyer has right to cancel by the following provisions of the paragraph entitled "Buyer's Right to Cancel",seller will incur substantial expenses in preparation to perform under this agreement.These expenses may include,but are not limited to,the preparation of plans and/or drawings for construction of the pool fees for building permits, salesman's commissions, administrative expenses in processing this agreement, ordering materials and supplies, arranging scheduling of construction and other related expenses.In addition,it is understood and agreed that by virtue of accepting this contract,seller has limited ability to accept and/or process other work. Therefore, in consideration, buyer agrees that in the event buyer fails to perform its obligations under this agreement,fails to allow seller to perform or terminate this agreement for any reason after the three(3)day cancellation period, buyer shall then pay the seller as a cancellation fee amount of equal to 20%of the total contract price which sum shall represent agreed liquidated damages.Seller should credit sums previously paid as a deposit under this contract,towards payment of the cancellation fee. In the subjects' real property in the amount of such deficit and buyer shall waive all rights to homestead protection otherwise available by law.Seller is entitled to interest at the rate of 1.5%per month,thereafter along with all court costs and reasonable attorney's fees of not less than 25%of the monies due. This cancellation fee shall not in any way affect or limit seller's right to recover any other funds that may be due for work performed under this agreement. NOTICE TO OWNER—DO NOT SIGN THIS HOME IMPROVEMENT CONTRACT IN BLANK. MAKE CERTAIN ALL WORK WHICH YOU HAVE CONTRACTED FOR IS INCLUDED IN WRITING HEREIN THAT YOU ARE ENTITLED TO. CREDIT CARD PAYMENT FEE—All credit card transactions are subject to a 3%surcharge.This is not included in the sale tax amount,ifjob completed has sale tax added to the total balance. 7291 C� ee k, 137"27 a ( mr i l', r G° °i1 CC ,fi dp, CONTRACT fi r 1 r„I�vi�ml flul Irl r N go Ji ION)ATLAMIC I 'L D "uniXm MV 99q �vYT Ni t all li r ' 1 �,),� .-877 We,rwofe oy,pricppcme to kfr'W'I�0 mm rnot lrlicah orwl1 mav"lvm 11""m 90"Nal'lolf 1,0 a l)i ti',IfEW witno,o %ra�k oln ftwq Now liki hut 1 ' 16 -syntholic Al irrolorial cro ;s7xrc,,),,nt,*wxl�",�b 9 ruxa �f� .Ir i 11"" (A""Wi o ^ 10Iu;;;m*ti"„J4 big pelf" rM in �� U�«���r� ��°�,�w�� i �� ,a���''����,����I hidw��'b(�„��d"I Il�u�'��ull�ud�� '�aw��°m�N� �a '�N��u���u��'��"roN�c� �`fu� i;�`�><� �'��a����°ml ��,✓����°ror;; Arr ", $16,8,95.00 Now u- f: o1kopcoo irxvgg r ivroj O"ul(wl;cv,,,jr,t wrl, r %a c 411orltj,i a V,oi ct a� � 1P���W."AJIIio CON,u(*041 f fC 7h"l'PWjWl% r, Coo oc qly�o'-") ,� grr, ACceplonce Of OOMUCI PMPOSdla It*q*try'J'wi irk:'es_ sper''Iffic;ul";'r 'ts co p ��"� �h�C a�i,Ihw� "����`U1�1�� '� 1� . �Pilluvro read 0vtorIvs,and ron,H v teve e o RIAM, and ameItl ev y Yt✓u aof'o uw" eM wu cif"c doh w on, F"gly`rIlo vp'WIC t;� opPc",fl'i4"ll1CI Monde, Atti.. :; y ` 7292 CERTIFICATE OF LIABILITY INSURANCE THIS EItIVICAT"E VB ISSUED AS Wt MA,rrrR cIF INFORMATION ONLY AND CONFERS NO, ItIl UPON THIS: CERTlIFICATE HOLDER,, THIS ANFII E C�IN'TIIFICATE DOE NOTI�t�^dA"0"N�41mLY OR NEGATIVELY AMEND, IPJ�TE ND OR ALTER THE COVERAGE AFFORDED BY "THE POLICIES BIEUOINuN. "NN~N,M CERTWICATE OF INSURANCE DOES NOT OON a"F1"I"t,d"N"E, A C014TRACTBETWEEN THE I NiN>41II ER(S), AU-I-HORIZED RIEP'RE ENNTATIAIE OR PRODUCER,ANDTHE OER'1"BFIOftT'E HOLDER. RIPOBI�4Ny„ Rf tpwa sEMitPlw at�a NaYOer Is an� DBN'tNQNC RNEOBEDa MeryasNmr.y�'las r oaas�l[haveBIBINIONt�INSUREDgsruarNRaaaPrs aIN'be rse , If SUBROGATION IS WAIIVED,sarl to the terms and sM ndlifions of the I ourrfaahi prahur ies wy ll an andorspirnent, A statement on O rs carfificata allo s rMrrf.rl, hts to the hoIdar 0 Ifieu of such asd'oafomet ient'i 1 r�Rcau�bk lr ................�.... .....� ...�..� ez fir„�"� " NAaaF' aElslu AbiC,V�P,�xt 9�Ffr�vC"o-rY S^�44aa d4tla'.�,¢bra I. EMAIL 101W,I cdu0,1wg WA 22412 InC.hClaAd,E.fill 4tfwNMF��dY we dfC C.Y C,rN2 IA4 Rlrt:E.P .Aw F49"ACYIIC,Ba (flYafFFpG'6. NAIIC W&.,,,.,. _ . ...... .............. .............. .... ....... INSUPkl:RA KIEICN4}4'm urnurewa4 frrwd�ar rr e.am cCsnnuArea lYY 3,5882 WILIREC') ftl41AA)➢C�E,181Y9 e IFO MdF'q'P INC - .... 1rd5I,2ti'W"lir"Y4{A`�+'F,rl�C f; id„N,"^6 IN+k50.!fr'�V?R dCC� ......... .............. w,,,..w..,,,...w.,,,,,._..._,,,,..,,.. ,,..,....,....._.. _ ., MlAIVI,'1.31107 ....... INELdRERR R1 INE4,PF'"EF E IN'.a.U R Ede F: .. COVERAGES CF;I*l';'f'I C TE NI REVhEhON NNUMSE"Ilt,' Y 47 flS, RC C:E'Pi"IFY 7HA`"THE POLICIES OF INSURANCE 1"U O BELOW HAVE BEEN ISSUED TO THE INSURED N AMEF)ABOVE FOR"N"IE IYoi.7Y FLrI iiNSN:N INDICATED, NC"d'NNR1"4'HSTA,NDdM.; ANY RC.aw[RN'EMENIT, TIERM ORr.OhdrJO"t"R0N OF ANY C;a„,"rvNGS+?2Sc,'T OR CYNIl C,Na: ,:UMNSMI`tl" WIll RdPESWstC-W ra W'UjljC09 4'O�,Igs C'E FIT11 FICA TE. MAY BE, ISSUED OR MAY'' IT-IRT IN, THE INCUR'ANC:E AFFOFYOIWD BY THE POLICIES C1R.:SC'N'�8I%R.CN IdERE1N IS �SU.BJEC7 TO ALL THE CIL"RF 'C, EXC.h�I,o,"WICINFN AND a ONICaX'T'UONS OF SUCH:P�C'UC;IIf"S,LIMITSSFl(,')Wlq MAY HAVE BEEN REDUCED BY PAID C:LAIE'IS II PdMiE A;C7U4 54aN ks�rr �a2M2POLICY ,.NnMA0�aI ae>I�CYRY E�FrF POLICY EYFarPE OF mMFrJaNuF w4 ICvvaWCYF � LewPt Im�m�rNt�LYMYt�N..,. COMMIERCIAIr OFNERRAL.LIABILI'l" xflr�allr,racs:: 1 7 cCC,PITIP1 . „.,a ..v.. t:LRsYlu7 W,fb1ACEP" o„+.U',RCtl�k r4r tal A" g2.Yra¢aa im^tra2v)_._ ...,., w.,.. ...",� .,.e_.._ .,_,,.,.,. ....._..._.__..,m,..............,....,�........,,."...,....,., VdIISfJk Xf (Any me,I'ersm�) 'W 1ERa' r)FT CaTFE—Y 411,11F'P....._. C_._................_.....,.......... f I"W AGGHI�OAHL IlAW A PPLI1.,PIE 1't ti17 Cf huP42,,`r d6.'Al"I'„ a ",JI e 1r T r:,Y I,.rp... htL r n..r .r'a�Ar rCrd A!'a Au0"YCbhaOBILE LlABILYT Y a UIOR if f a„CUA!I.E I IC,Af"P' r uM:l1x a ci 2a i 2.�... ,.,... ANY Jicl'I"4:1 v M W OINM 02V f9.,Inm ma,ni l C'9,A7 . .....�mw '.CINiiCfb _____. ,t IFf C➢A VLC.IS ......., .. ..._...... ..,,..,, .... ......... Tw. 9 w°3 r c u.. A Ca1,rIX h vIV IIJI+;Y'{!p i xi a 1nrakd f w'lD(1 favv C9;C'lPvl.,ti' da41Pa,Y JCSS"lrltd..»i xf7t,•^k2','P Cf.x S.'7',C",W f;,)7.0 AA..;1S71'7d9ax ¢ �.. IbIiRI RJ PRAi M\k�IrNED ('Ftl Ya EllY l`YmG7fk�JIMr,L,.u... .._ _.."_......__.__y„.,_.,„ Ai t l J.0 Drily r J'UT C r,M,rl'a I Y' r,,, $ 0010 ....... .e............................................................�,. �.,.e,..., _._,.,......, _,......._,. , SY UMw BIRl L R A IJAR (aC�IYA A.0 H OCCURRENCE C Y 2r rary a0A,E1 6 kftIMS IY1ADF ba�1 M f f A11 F ".,,. C&� zi`RldYli IN6R .. ,. fu 6. 2.ilk Y Ff. E°ftI�EI CAI ,��.Nta`N`fR ..__....,__ L WAdS VRA hkR K,kYFfCa I4ArTfu.l'ME YPIN 'R a1CYY,1fIF ., b"I Y4'ALBh"If Irt7fd1rA41t IJIa{/C2'V.0 6PYi Jl. .., M"v"_�,,,,�, {'%FG'lul Uly7!_1WI>wxlwi LKC.I r.lAh9)n 'lID of RhtMwas iaowiltlf NIaI .. a C. Id AAA...6 F 1-hhf lTV"FI; ,a PYu IPI i N krrufen X:. LvI hu18"�tII all t;aC rI f UaAI'flt 1'd �fvwo V gt�Cq —,. EL I`rl l A I. Ir(iI[r f.... r J , E2r"rvMYP'VBA a`.. ...._ ..... ....._._.wW .. ._,_._ .._ ...,..... ............ .�,.. � ... ..........�... ..IONC,IV-u%rr4,sRkYaVI L$'} AT'IONS 0 VEH I CL ESPA6JCRICAWlJid,F4llIM9l hidkvMd&il seli+io I ar may v uYNcwt,span Is t quiP'eul 'Certificate holder listed as additionally insured. aTERTtFlICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE Dr,,.SC MBED POLICII BE CANCEL ILED BEFORE, THE EXPIRATIDN DATE' THEREOF, NOTICE `WWhLJ_ BE NSEb B/Il SEfA IN Monroe County BOCC ACCORDANCE WTH THE POILICY PRO`eAla ONO, 1100 Simonton St. erg Key West, FL 33040 Aa117HORMEs REPRESENTATIVE 4Yw....................... ......�....,..,.,.��.,.,�.,�,.,,,,,,.,.w„ ,,,,,, ------ ..,.,.,,.m.., e.... ..... ......... m" ........... .,... q B'9IC€,itT"UOIB fWNh rh4;NR�t d'esaAr�Cea'I„ F A CORD E 2D11E11k3 The e ACORD name and logo are ra: Rsrared aml ol'' OOBD F� cn Nq�r 7293 GATE(faWMAdGGdYYYYI AC"R0 CERTIFICATE OF LIABILITY INSURANCE 0J15+2Nk24 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE; COVERAGE AFFORDED BY THE, POLICIES BELOW. THUS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A. CONTRACT' BETWEEN THE ISSUING IINSII AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLLER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the poficyr ie,$)must have ADDI`10NIAL INSURED provisions or be endorsed,. If SUBROGATION M WAIVED, sublect to the terms, and colndillolns of the Iaoll ,Gertallnll Policies rnnn,y requrll a an endorsement. A Statement On NRIIs certificate"hoes not confer rights to the certificate moiler in INeur of such eend'orsement(s). PRODUCER CONTACT NAME, Paychflx Insurance Agen,Qy,Inc, PAY1>1EX I NSUIRANGE 4�341-1'1NCY,ZINC, PHONE I.A9 225 K I DRIVEE Mu3awElf ROOIBESTER,NY 140,23 ADDRESS:FIexCets 4a chex Cam INSIIRERI'S.AFFORDNG COVERAGE NI Mk ]INSURER A:Teo1IIin;s:ulranceGorinfinny 423N6 INSURED INSURER..B Advanced GonstrulrUon Corp INSURER C. 13727 B W 152 St.,,Ste 209 Mm iamn ,FL 3177 INSURER D INSURER.E INSURER.F:: C13VERAG,ES CERTIFICATE NUMBER: REVISION NUIMBER TTII NS TO CERTIFY THAT THE POLICIES OF INSURANCE CE LISTED BELOW HAVE BEEN(ISSUED TO THE INSUREDNAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWVTHSTAND1 NI'O ANY REQUIREMENT'„TERM OR COPJDIIITIOIN OF ANY CrNdTRACT OR OTHER DOCUMENT'WITH RESPECT TO WHICH THIS CERTIFICATE MA'w BE ISSUED OR MAY'PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS;SUBJECT'TO ALL THE TERMS, EXCLUSIONS AND,CONDIITIONS OF SUCH ROLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- IN'SR q^M'PE OF NN'S.rRA&ICE ADDL SIUIB'In POLICY EFF POUCN EXP LIMITS ILTR:. IIN:SG WVD POLICY NUMBER. 'MNI5DGJYYYY MMI'DIDNYYY COMMERCIAL GENERAL LIABILITY IIII O+CCUaroRRENCE. C,LAIMr1&MAIDE OCCUR e, S r,IED EXP(,Any ane persanl PERSONAL J3.AI7'IJ INJURY` S GE4N1 AGSREGATE.LIMIT APPLIES PER:: GENERAL A&'3REGATIE. 11 PGUC:YF—] JECT F-1 LOC,. PR:DIDUCTS-COMP)OF AGG Y OT-A ER AMR I6 'T AUTOMOBILE LIARR UTY I ,���«^� �_ N'L'rM�®IIdE691VIGILE LNMIM S ANY AUTO m"v"_..m,.�-..`tNy-. .....,. 60OILW NK.IVJIR`r"(,Per pers:>vmp OWNED SCHEDULED DATi°E�N.,,.,,e..�...6�.8,:2J ._,._ AT0 ONLY AUTOS BODILY8IYJ4JRi�"(Greet aaaidemaB,P M WRED MONM O'J°NFID Weal � -"`''.` PRCvPIE"1TY DAMAGE ALTOS ONLY AUTOS ONLY IIR,r denh � T UMB-RELLA'LIAB r<aI IR. EA�C�H OCC&URRENCE. EXCESS LIAR HOLAIMS-MAGE, AGGREGATE S DEiq I I RETENTION$ '5 WORKERS COMPENSATION K AND EMPLOYERV L.IABILI STA N t N TUTE ER"' AN"P'ROFIP71ErGR PAR7-KEIRJ'EXE(;kJ7C}'. E..L.EACH ACCIDENT 1 DO,DOD A OFRCERIMEMBERE:KCLLJGEDF Y NA N TW'C4476iI(2.9 Gag "I41112024 0904/2025 IMarend'a!k'arY mn Nfrlt E-L.D�SEA.SE-EA EMPLOYEE 'M MG„bl"VL1 Yrf�g�es dembe undw CIO-IJ,,TC3GY D SC MPTION OF OPERATIONS Yreign E L.DISEASE-F'0LIC)"LIM11'T' 'M DESCRIPTION Of OPERATIONS P LOCATIOKS rVEHICLES(ACORD 101,AddidonI REnnarlks Schedulk,muary he attwheid iar'rare spat Is required) C00059 21 CCC057740 C YCO00002 CERTIFICATE HOLDER CANCELLATION SH-OULDANYOF THE ABOVE DESC'RIBED-POLtMES BE CANCELLED BEFORE THE EXRRATEOH, DATE THEREOF, NOTICE WALL BE DELIVERED INJI Monroe County BOCC ACCORDANCE WITHI THE POLICY iPti OVESIIONrS. 1100 Simonton St. Key West, FL 33040 ALITikr�ORL,'_E®REPRESENTATIVE ID 1960-2016 ACORD CORPORATION. All rights reserved. ACORD 25(201&103) The ACORD name and.Ilogo are registered marks of ACORD 7294 DATE(MMDDW�nff,� CERTIFICATE OF LIABILITY INSURANCE 014 5 5 THIS CERTtFfCATE IS ISSUED AS A MATTER OF 1,14FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NUT AFFIRMATIVELY OR NEGATWELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE Of INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER�S), AUTHORIZED REPRESENTATIVE OR PRODUCER., AND THE CERTIFICATE HOLDER,. MIPORTANT: If the cenfficate hollder is an ADDITiONAL INSURED, the poliry Iiesl must be endorsed. If:SLIBROGATION1 IS WAIVED, smb*t to the ternis and conditions of Hie palicy,certaiin pohcies may require an endarsenitent, A,statement an thlis certificate does,not confer fights to the certificate hiolder in lieu o,f sluch endbrsenientfs�. PRODUCER CONTACT NAME BE.' C0N INST,.TP-P2J1(--`E GROUP INC-' PHONE J4� FAX 3,0 5) 4;:-2-i,5D 3 7 G E' �AjC,N,,�J, WRIT L-MA �L AD DR ES S Fi 2-J e :. lbS i a m i, FL 33 15 5 INSURIERISI AFFORDING COVERAGE :NAK# Li cen s—e # :A0 9 3 0 ID 3 INSURER A NAUTTLUS INS;UF.ANCF C'0. 17 3'71 0 INSUIRED ;-DVANC'ED C',CN,STFUF-',TI01?, I-'(DFLP INSURER S 137 2 7 S W i S-214 D S T, #27'CI 9 INSURER c MIAMI, FL, 13177 M2URERD IN'SURFR F INSURER F COVERAGES CERTIFICATE NUMBER: REMSION NUMBER- TRG G T,1 CEFT7FY THAT THE POLICIES OF INSURM40E LISTED BELOW HAVE BEEN I KUED TO THE IN3URFD,NAMED ABOVE FOR THE FGLIC'r'FERIOEI INDr.ATED tiff OTIVITHSTANDINGAIVY RE'aWREMENT,,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTV01TH RESPECT TO WHN7H THIS CERTIFICATE MA(BE ISSUED OR UAV PERTAIN,THE INSURANCE AFFORDED BY THE PQIJCIES, DESCRIBED HEREIN 15 SUBJECT TO, ALL THE TERMS, EXCLUS%OPJS A0 CONDITIONS OF SUCK FIDUCIES LIMITS SHOIAN MAY HAVE BEEN REDUCED BYFAID CLAIMS FULI'Ul t:FF LTR TYPFOF I kDJRANCE oxan vAm RIM IrYNHIMPIPP W&DIDNVYWI WWn'N`Yyfy1 LIKE73 :M� COMMERICLAL 6 HERAL LIM&ITY EACH rDCCURRENCE a 1-"),0,0 J 0 CLAIMS-MADE E10CCUR PREMISES,7,Fa occu.ue m4 S FI 0 MED EAR i4maneperscW 3 .A 4/71 2 PERSONALS,ADV INJURY nGE141 AGGREGATE L)MITAPPLES IPER: GDERAL AGGREGATE s 2 0 ID FfiLACY J'EC'T'- [:]LOC PRODUCTS-COMPADP AGG 3 2,11�D 0 OTHER S AUTOMOBILE LABILTY lEaamdero� ANYAUTO B00ILY[NJURY perscrif ALL OWNED R SAUTOS CHEDULED AhJTOS BODILY JNJURY(Per amiderd 1, 3 NON-CiWINED, PHVUH=R�Y IJAMArSE HIRED ALTOS AUTOS CP&wzddenlp UIA.&RELLA LAS 0 Oc Up EACH OCCURRENCE S FXCFfG LIA2 HCLAIMS-WCI(F AUGREGATE a �DED RETE By- 6.1 1.�5 MRKERSCOMPENSA.7,014 PER A14D EMPLOYERS'UABRUTY YtN WAMP KA' Yft— I STATUTE I I DEPP ANY PROPRIETCYFUIPIARTNER' IECU-nVE EL.EACH ACCIDENT S �ERIME&JEFR Ey'� tNf A, HVan"ory in NffI E.L DISEASE-EA EMPLOYEE 5 "I besuibRuTde, 'nstRIPTION OF OPERA701AS bc4m El Dl!;F:A'Sr-P01 ICY LIM7 S DESC,RMPTtON OF OFERATION-1�'LOCATICHS d VEHICLES (ACORD I Dt,Acidlionag Rei,m4s Schedule,muq be aftada, iiin spam is rFquvred� 7"ERTIFIC'ATE HOLDER IS LISTED I I Z� U D T-,Z�:�7T N. L INS RE CEFMflCATE RaDER CANCELLATION SIHOI,Al)ANY OF THE ASUVE DESGRXBED PC1,IrAES,BE CANCELLED BEFORE THE EXPt.RATION DATE THEREOF, NGTIGF "PALL. BE DEUVERED IN Monroe County BOCC ACCORDANCE WITH TH E POLICY PRCV1Sfy0,NS 1100 Simonton St. Key West, FL 33040 AUTHORIZED REPRESENTATIVE 0D 1988-20134t6RD CGRPORATI014, All dghts re&prvpd, A03RD25(2013104'� The,ACORD name and logo are registered marks of ACORD 7295