Loading...
HomeMy WebLinkAboutItem S02 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District 2 The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District I James K. Scholl,District 3 Holly Merrill Raschein,District 5 Regular Meeting April 15, 2026 Agenda Item Number: S2 26-1102 BULK ITEM: Yes DEPARTMENT: Administration TIME APPROXIMATE: n/a STAFF CONTACT: Lindsey Ballard: (305)292-4443 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: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION DOCUMENTATION: FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Matcb: Insurance Required: wdl'�.!i.0 �1Ji.i,Il dtII �.i�^III II �.^9a.Ap/IIk1 �iWP9rvi.l� W IX1ll�,il ,PII�F�k.I. IIV 1il.k Ill d l�ll'�fMII[""7il.i ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Cummins, Inc. Contract# n/a Effective Date: Upon Execution Expiration Date: Upon Completion of Inspections&service Contract Purpose/Description: Inspection and full service of three (3)Cummins Model Generators at EYW for one(1)year only. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Beth Leto 5239 leto-beth@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 20.636.93 Current Year Portion: $ 20,636.93 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the total cumulative amount is$100,00.00 or less) Budgeted?Yes No❑ Grant: $ n/a County Match: $ n/a Fund/Cost Center/Spend Category: 404-63001-530310-SC_00036 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES R NO ❑ CONTRACT REVIEW Reviewer Department/Office Director/ Signature: Richard Strickland pa9'e�'zoz,.dg as:4sst-1-d Assistant Director Pedro J. Mercado Digitally signed by Pedro J.Mercado County Attorney Signature: Date:2026.03.2412:09:35-04'00' Gaelan P Jones Digitally signedbyGaelanPJones Risk Management Signature: Date:2026.032415:5525-04'00' Julie E. Cuneo Digitally signed by Julie E.Cuneo Purchasing Signature: Date:2026.0325 09:1 9:49-04'00' (email contracts@1Tlonroccounty-fl.gov) Digitally signedby Angelica Malcosky OMB Signature: Angelica Malcosky Date:2026.03.2708:2147-04'00' (email OMB@monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 Cummins, Inc. January 15, 2026 Mr. Chris Hawks Airport Systems Technician Key West International Airport Monroe County, FL 3491 South Roosevelt Blvd Key West, Florida 33040 Dear Mr. Hawks: Thank you for your continued Interest in Cummins. Cummins Inc. is a"Sole Source"provider for Parts and Labor for all Cummins Generators. The units require Cummins Parts for replacement and Cummins Factory Trained Technicians to handle Repairs and Guarantee's under Factory recommendations. Cummins Generators also have Proprietary Software that only Cummins Factory trained technicians have access to. This Proprietary Software is critical to the correct maintenance and diagnoses of Cummins Generators. As a Cummins Preventive Maintenance customer, you would receive Discounts when Cummins Parts were required for your units as well as a discounted Labor rate. We would also provide you with a Guarantee 4-hour response time for any unexpected emergencies. (Most calls are handled within the first hour). Thanks again for your inquiry and please feel free to let us answer any additional questions you may have. Sincerely, Brian Mestepey PM Territory Manager Cummins Inc. 786-719-7562 Corporate Office 5125 Highway 85 Service Locations: Albany,Atlanta,Augusta,Gainesville,Savannah—GA;Fort Myers Atlanta,GA 30349-5976 Jacksonville,Miami,Ocala,Orlando,Tampa,West Palm Beach—FL;Chattanooga,TN 404 763 0151 Regional Learning Center: Tampa,FL cumminspowersouth.com Total Price of Services: USD 36,525-96 I__TqtW;, USD 20,636.93 Year.2 T -_ USD21,256.03 QtIL Year . lqtg�J� USD 21,875.13 Year.A-To-tat- USD 22,494.27 `dear.. To USID 23,319.75 Tpta I Ag mm-wit-_?reTw_ USD 109,582.11 Notes: This PMA is for a 5-year schedule with the PM rates locked in now for the entire portion of the agreement. The PMA can also be chosen as the following options. Please circle yes or no if you desire to choose one of the below options instead. 1-year agreement with 4 one-year renewal options. -YES or NO 2 years with 3 one-year options, - YES or NO 3 years with 2 one-year options. -YES or NO 4 years with a one-year option. -YES or NO Anything not specifically addressed above is not included. Customer Res onsibilities: The Customer is responsible for operating the maintained equipment and shall perform all checks as described in the Operation and Maintenance Manual. F-ropo"I-,,Consider ions: 1. All work is planned from Monday to Friday on normal Business working hours—8:00am to 5:00pm. Additional and off hours work and billable amounts not listed in the above scope of work shall be based on current calendar year rates. 2, All pricing above is stated excluding any and all taxes, 3. This quotation is open for acceptance for 60 days after which both price and service delivery period will be subject to confirmation prior to acceptance of proposal. 4. This quotation assumes a 3.00% rate increase will be applied each year. 5. This proposal is, offered in U.S. Dollar. 6. Payment terms for this quote are Pay as you go. This maintenance proposal is expressly conditioned upon acceptance of the h tps" Jw ur rrl (,g i( jagktf 4"- - ftlQ "ris IP gwrn!� ins,,g re of Cummins' Maintenance Agreement. Curnrnins Sales and Service 8/2212025 Q-385414,Brian Mestepey, Cummins.corn tm529@curnmins.com The package Custom Bundle includes the below services for this equipment: 510-Information; Ewipmentlinfo fion'.. Cummins Model 4 DOFAD Generator 1000 kW-Unit#3 Manufacturer: Curnmins 100 ROOSEVELT BLVD KEY WEST, Florida 33040 Model: DQFAD United States Access: Standard Engine Serial Number: Access Notes: Genset Serial Number- K240393923 aMk*J$'rffMh'; ATS Serial Number: Cummins Sales&Service-Miami Ft- Quantity: 1 6350 NW 167TH ST MIAMI LAKES, Florida 33014-6107 Install Date: United States Warranty Expiration Date: Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,435.25 1,43525 Full Service Annually 1 5,44146 5,443.46 Year I Total: 6,87871 Year 2 Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,478,30 1,47830 Full Service Annually 1 5,606.77 5,606,77 Year 2 Total: 7,085,07 Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,521.36 1,521.36 Full Service Annually 1 5,770.07 5,770,07 Year 3 Total: 7,291,43 Year.4 Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,564,43 1,564.43 Full Service Annually 1 5,933.37 5,933,37 Year 4 Total: 7,497.80 Year 5 Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,621.84 1,621.8,4 Full Service Annually 1 6,151,11 6,151.11 Year 5 Total: 7,772.95 Price of Services per Unit: USD 36,525.96 Cummins Sales and Service 8/2212025 Q-385414, Brian Mestepey, Cummins.com tm529@cumrnins.corn The package Custom Bundle includes the below services for this equipment: Cummins Model#DQFAD Generator 1000 kW-Unit#2 Manufacturer: Cummins 100 ROOSEVELT BLVD KEY WEST, Florida 33040 Model: DQFAD United States Access: Standard Engine Serial Number: Access Notes: Genset Serial Number: A250405709 Servi.co Branch.,. ATS Serial Number: Cummins Sales&Service-Miami FL Quantity: 1 6350 NW 167TH ST MIAMI LAKES, Florida 33014-6107 Install Date: United States Warranty Expiration Date: Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,43525 1,435.25 Full Service Annually 1 5,44146 5,443.46 Year I Total: 6,878.71 Year2 Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,478,30 1,478,30 Full Service Annually 1 5,606 77 5,606-77 Year 2 Total: 7,085.07 Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,521.36 1,521.36 Full Service Annually 1 5,770.07 5,770.07 Year 3 Total: 7,291,43 Ypor-4 Service Type Frequency Quantity Unit Price Extended Price --- ------- Inspection Annually 1 1,56443 1,564.43 Full Service Annually 1 5,933.37 5,933,37 Year 4 Total: 7,497.80 Y*aT.5 Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,621.84 1,621.84 F5-Service Annually 1 6,151.11 6,151.11 Year 5 Total: 7,772,95 Price of Services per Unit: USD 36,525.96 Cummins Safes and Service 8122/2025 0-385414, Brian Mestepey, Curnmins.com trn529@cummins.com C The package Custom Bundle includes the below services for this equipment: e'vipment, Cummins Model#DOFAA Generator 750 kW-Unit# 1 Manufacturer: Cummins 100 ROOSEVELT BLVD KEY WEST, Florida 33040 Model: DQFAA United States Access: Standard Engine Serial Number: Access Notes: Genset Serial Number: A080144119 Soryl.r.0 ara"Ph: ATS Serial Number: Cummins Sales&Service - Miami FL Quantity: 1 6350 NW 167TH ST MIAMI LAKES, Florida 33014-6107 Install Date: United States Warranty Expiration Date: Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,435.25 1,435.25 Full Service Annually 1 5,444.26 5,444.26 Year 1 Total: 6,879.51 Year,.? Service Type Frequency Quantity Unit Price Extended Price InspectionAnnually 1 1,478,30 1,478.3,0 Full Service Annually 1 5,607.59 5,607.59 Year 2 Total: 7,085.89 Year Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,521.36 1,521.36 Full Service Annually 1 5,770.91 5,770,91 Year 3 Total: 7,292.27 Ygar.4 Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,564A3 1,564A3 Full Service Annually 1 5,934.24 5,93424 Year 4 Total: 7,498.67 Years Service Type Frequency Quantity Unit Price Extended Price Inspection Annually 1 1,621.84 1,621.84 Full Service Annually 1 6,152�01 6,152.01 Year 5�Total: 7,773.85 Price of Services per Unit: USD 36,530.19 Curnmins Sales and Service 812212025 Q-385414, Brian Mestepey, Cummins.corn tm529@cumrnins.com Addendum to Cummins Sales & Service Proposal Dated 8/22/25 Monroe County Contract Terms and Conditions The Monroe County Board of County Commissioners (herein after "County") and Cummins Sales & Service (herein after"Contractor-) agree as set forth below. The County and Contractor hereby enter into this addendum to the Contractor's Proposal dated 8/22/25 for services to be provided herein after referred to as **Agreement") and agrees to the following: '['his Agreement includes and incorporates the Contractor's Proposal., Contractor's Planned Maintenance Agreement Terms and (.7onditions and this Addendum. To the extent that any terms conflict, the language as set forth in this Addendum shall supersede any other terms and shall be binding. The terms and conditions as set forth below are imposed in accordance with Florida Law and Monroe C.OUnty Code. Payment: Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70. Florida Statutes, Payments due and Unpaid Under the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act, Contractor shall Submit to file County invoices with Supporting documentation that are acceptable to the Monroe County Clerk lerk of Court and Comptroller (Clerk). Acceptability to the Clerk is based oil genet-ally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. If the Agreeffient is a multi-year agreement, the County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Monroe County Board ol"County Commissioners. This Agreement shall not exceed $100,000,00 unless it is approved by the Monroe County Board of County Commissioners. Any automatic renewal is subject to a not to exceed amount Of $100,000.00 unless the Monroe County Board of County Commissioners gives prior approval of an agreement more than $100,000.00. In accordance with Monroe County Code Sec. 2-58, the County Administrator is authorized to sign agreements when the total Cumulative value of the contract does not exceed $100,000.00. The Count),,reserves all rights available to recuperate monies paid under this Agreement, including the right to Sue for breach of contract and including the right to put-sue a claim tot- violation ot'the County's False Claims Ordinance, located at Section 2-721 et, al. of the Monroe County Code. Termination: The County may terminate this Agreement for cause should Contractor fail to perform. Prior to termination for cause, the County shall provide Contractor with seven (7) calendar days' written notice and provide the Contractor with an opportunity to cure the breach that has Occurred. Il'the breach is not cured, the Agreement will be terminated for cause. If tile County terminates this Agreement. County shall pay Contractor the sum due under this Agreement prior to termination, unless the cost of'corepletion 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 County may terminate this Agreement for convenience, at any, tirne, upon thirty (30) days* written notice to Contractor. If' the County terminates this Agreement, County shall pay Contractor the SUrn due prior to termination. unless the cost ot'completion of the remaining work Linder the Agreement exceeds the funds remaining in the contract. Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance Linder this Agreement in accordance with generally accepted accounting principles consistently applied. 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 five years l'ollowing the termination of this Agreement. If an auditor employed by the ("ounty or the determines that monies paid. to Contractor pursuant to this Agreement were spent t*01- purposes not authorized by this Agreement. (I ontractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws ofthe 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 shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida.This Agreement shall not be subject to arbitration. Attorney's Fees and Costs: The Parties 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 run award against the non-pre prevailing part,,,, and shall irICILide attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and Conducted pursuant to this Agreement shall be in accordance vvith the Florida Rules of Civil Procedure and usual and Customary procedures required by the circuit court of Monroe County. Nondiscrimination: 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 11,1S 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: I) 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 arnended (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 arnerided (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 (JSC ss. 6101-6107) which prohibits discrimination on the basis ofage.5)The Drug Abuse Office and-Freatment Act of 1972 (PL 92-255). as amended, relating to nondiscrimination on the basis of drug abuse., 6) The (.1'ornprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (111, 91-616), as amended, relating to nondiscrimination oil the basis of alcohol abuse or alcoholism, 7) 'Fhe Public Health Service Act of 1912. ss. 523 and 527 (42 LISC ss. 690dd-3 and 290ee-3), as amended. relating to confidentiality ofalcohol and dI-LIg abuse patient records,- 8) Title Vill of the Civil Rights Act of 1968 (42 USC' s. 3601 et seq.), as amended. relating to nondiscrimination in the sale. rental or. financing OfIlOUSing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to time, relating to nondiscrimination oil 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; I I) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the pat-ties to. or the subject matter of. this Agreement. Public Records Compliance: Contractor niust 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 Linder its control subject to the provisions of Chapter 119, Florida Statutes,and made or received by the County and ContraCtOr in C011JUnCtiOn 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 Contractor. Failure of Contractor to abide by the terms ofthis provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of 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. Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. The Agreement is a Public Record Linder Chapter 119. Florida Statutes, The pat-ties agree to comply with Chapter 119, Florida Statutes. Sovereign linniunity and Non-Waiver of Immunity: The County s indemnification is limited and subject to the sovereign immunity provisions of'Sec. 768,28. Florida Statutes. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Contractor 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. Nothing contained herein is intended,., nor may it be construed, to waive County's rights and inuilunitieS Linder the common law or Section 768.28, Florida Statutes, as arnended frorn time to time; nor will anything included herein be Construed as consent to be Sued by any third parties in any matter arising out of this Agreement Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, ofthis Agreement to enforce or attempt to enforce any third-party clairn or entitlement to or benefit of any set-vice or program contemplated hereunder, and the (.70LInty 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 Linder this Agreement separate and apart. infierior to, or superior to the community in general or for the purposes conternplated in this Agreement. No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement ol'any member, officer, agent or employee of Monroe (,.',OLlllty in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally oil this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Statutory Requirements and Notices relating to Unauthorized Employment and Subcontracts: E-Verify System: In accordance with F.S. 448,095, Any (,,ontractor and any subcontractor shall register with and shall Utilize the U.S. Department of Homeland SCCUT-itN *S F-Verify system to verify the work authorization Status ofall new employees hired by the Contractor ontractor during the terin of the Contract and shall expressly require any Subcontractors performing work or providing services pursuant to the Contract to likewise Utilize the I J.S. Department of'I lorneland Sectlrity*s L-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Agreement term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with. or SUbconstruct with all unauthorized alien. Contractor shall comply with and be subject to the provisions of F.S. 448.095 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or set-vices 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 oil leases 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 alllOUllt provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Scrutinized Companies: Contractor certifies that it is not oil the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S.. the Department may immediately terminate this Agreement at its sole option ifthc Contractor is 1`61.111d to have submitted a false certification; or ifthe Contractor is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of'Israel during the term of the Agreement. Il'this Agreement is for more than one million dollars., the Contractor certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option ifthe Contractor is f'OUnd to have Submitted a false certification, or ifthe Contractor is placed on the Scrutinized Companies with Activities in Sudan List. or Scrutinized Companies with Activities in the Iran I)etroleUrn Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 4 As provided in subsection 287.135(8), F.S., if' federal IaNv ceases to authorize these contracting prohibitions, then they shall become inoperative. Disclosure of Gifts from Foreign Sources: If this Agreement is $100,000 or more, Contractor shall disclose to County any Current or prior interest of. any contract with. or any grant or gift received from a foreign Country of concern, as defined in section 286.101. F.S., if'such interest,. contract, or grant or gift has a value of$50,000 or more and such interest existed at any time or such contract Or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if'applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift.,and the name of the agent or controlled entity that is the source or interest holder. Ifthe diSCIOSUre requirement is applicable as described above, then within I year before applying for any grant. Contractor rnUSt also provide a copy Of Such disclosure to the State of Florida Department of inancial Services. Suspended Person/Business Entity See. 2-347(l), Monroe County Code: In accordance with Monroe Count y Code Sec. 2-347(1), the Contractor hereby swears and affirms that it is not a suspended person or business entity. The employment of a Suspended person/business entity is a material breach Of the county/contractor contract and entities the County, in its discretion, to 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 Lip to the date of termination. Indemnification & Hold Harmless: Notwithstanding any rninirnurn insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indemnify, and hold the County,and the COLinty's elected and appointed Officers and employees, harmless from and against any third party clairns. actions or causes of action., 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 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 ofthe 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 emission of the Contractor or any of its employees, agents, sub-contractors or other invitees; or (C) the (..ontractor's default in respect of any of the obligations that it undertakes Linder the terms of this Agreement. This section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. INSURANCE: The Contractor shall maintain the following required insurance throughout the entire term of this Agreement and any extensions as set forth below. Failure to comply with this provision may result in the immediate Suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of* the Contractor to maintain the required insurance shall not extend any deadlines specified in this Agreement and (.."ontractor shall indemnify the County for any and all increased expenses resulting from such delays. 5 • (7ommercial General Liability Insurance: Contractor's insurance policy shall cover, at a minirnurn: premises operations, personal injury products and completed operations, and blanket contractual liability. The minimum acceptable limits are $300,000 Combined Single IJn-iit(CSL). An Occurrence Form Policy is preferred. if coverage is provided on a Claims Made policy. Contractor's coverage must provide for claims Filed during the term of this Agreement and for twelve (12) months after its expiration. Business Auto Liability Insurance: Contractor's insurance policy shall provide coverage for g all owned. non-owned, and hired vehicles used in the performance of'work under this Agreement. The minimum acceptable limits are $100.000 Combined Single Limit ('CSI....). It'split limits are provided. the minimum limits acceptable are: $50,000 per Person; $100,000 per Occurrence-. $25,000 Property Damage. Workers Compensation Insurance: Contractor shall obtain Worker's Compensation Insurance with limits Sufficient to meet the requirements of Chapter 440, Florida Statutes. Contractor shall provide to the County satisfactory evidence of the required insurance. including either: • Original Certificate Of Insurance, OR • Certificate of' Insurance e-rnailcd frorn Insurance Agent/Company to County Risk Management - Telephone Galen .[ones at (305) 292-3470 for details (Certificates can be e-mailed directly frorn the insurance agency to: Jones- Gaelaii(eraMoni-oeCounty-Fl.gov -- The Insurance policy must state that the Monroe (IOUnty BOCC is the Certificate Holder and Additional Insured for General Liability and Business Automobile Liability. Insurance requirements can only be altered by written waiver by the County's Risk Management. COUNTY H)RMS: By signing this Agreement, (7ontractor has sworn or affirmed to the I following requirements as set forth in the Public Entity Crime Statement. F"thics Statement, Vendor Certification Regarding Scrutinized Companies List and Affidavit Attesting To Noncoercive Conduct For Labor Or Services as set forth in more detail in this Agreement. PUBLIC ENTITY CRIME STATEMENT: Contractor certifies and agrees that neither it no]- an), Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134. Horida Statutes, in entity or affiliate who has been placed on the Discriminatory Vendor List. kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not S1,111111it 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 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. 6 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 contracts to provide any goods or services to a public entity, may not submit a bid, proposal or reply oil a contract with a public entity for the construction or repair of a public building or public work., may not Submit bids, proposals or replys an leases ofreal property to public entity, may not be awarded or perform work as a contractor, Supplier, subcontractor. Contractor or subcontractor Linder 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 CATF'.GORY 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 CXeCUti0n of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination ofthis Agreement and recovery of all monies paid hereto, and may result in debarment from County'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 forilially charged with committing an act defined as a '*public entity crime" regardless of the amount of money involved or whether Contractor has been placed oil 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. ETHICS CLAUSE: By signing this Agreement, Contractor warrants that lie/it has not employed. retained or otherwise had act oil his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. I"'or breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also. in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission. percentage. gift, or consideration paid to the forilier County, officer or employee. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS: Contractor agrees and certifies compliance with the following: Section 287.135, Florida Statutes prohibits a Contractor From bidding oil, 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 Contractor 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 Contractor from bidding oil, submitting a proposal for,. or entering into or renewing a contract for goods or services of'$1,000.000 or more., it'the Contractor/company is on either the Scrutinized Companies with Activities in Sudan I.Jst or the Scrutinized Companies with Activities in the Iran 'Ferrorism Lists which were created pursuant to s. 215.473. Florida Statutes, or is engaged in business operations in or Syria and is not oil the State Board of'Administration's "Scrutinized List ol"Prohibited Companies- available Linder reports section the quarterIN oil at iktjjj�,�Nv�v, om '1,2�Lfflnu 7 As the person authorized to sign oil behalf' of Contractor, I hereby certify that the Contractor identified above is not listed oil the Scrutinized Companies that Boycott Israel List or engaged ill a boycott of Israel and for Pro'jects of$1 000,000 or more is not listed on either the Scrutinized C',ompanies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism List., or engaged in business operations in ClUba or Syria or on the Scrutinized List of Prohibited Companies. I understand that pursuant to Section 287.135, Horida Statutes, the submission of a false certification may subject Contractor to civil penalties, attorney's fees. and/or costs. I fu r rthe understand that any contract with the County may be terminated, at the option of the County, if. the Contractor is found to have submitted a false certification or has been placed oil 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 List or been engaged in business operations in Cuba or Syria or oil the Scrutinized List of'Prohibited Companies. Note: The List are available at.the following Department of Management Services Site: SS op�'ahonslsl,ate ....... jqs j i i endm, itif rmation/com,ict discrifil, Unts vendor lists .......... NON-COLLUSION AFFIDAVIT: Contractor by signing this Agreement, according to law oil my oath, and under penalty ut- ofperJ y, depose and say that the person signing on belialf'ofthe firm of(.7ontractor., the bidder making the Proposal for the project described in the Scope ol"Work and that I executed the said proposal with full authority to do so-, the prices in this bid have been arrived at independently Without Collusion. C011SUltation, 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 bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder car to any competitor; and 110 attempt has been made or will be made by the bidder to induce ally other person, partnership or corporation to Submit. 01- not to Submit, a bid for the purpose of restricting competition: the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe ('I'ounty relies upon the truth of'the staternents contained in this affidavit in awarding contracts liar said project, AFFIDAVIT ATTESTING TO NONCOERCIVE CONDIX T FOR LABOR OR SERVICES: Contractor is required to provide an affidavit under penalty of*pet-jury attesting that Contractor does not use coercion for labor or services in accordance with Section 787.06, f'lorida Statutes. As defined in Section 787.06(2)(a), coercion means. I. 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 1 Jsing 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 ofthe labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or set-vice are not respectively limited and defilled, 4 Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or.other immigration doCUlnent, of-any other actual or purported government identification document, of any person; 5. (..'aLlSing or threating to cause financial harm to any person-, 6� Enticing or fur-ing ally person by firatid or deceit; of- T Providing a controlled substance as Outlined in Schedule I or Schedule 11 of Section 893.03 to any person for the purpose of exploitation ofthat person. As a person authorized to sign on behalf`of C'ONTRACTOR, I certify under penalties of perjury that (.ON"l'RA('TOR does not use coercion for labor or services in accordance with Section 787.06. Additionally, CONTRAGFOR has reviewed Section 787.06, Florida Statutes., and agrees to abide by sarric. Corn tractor Cummins Inc Signature Territory Manager ............ Date 2/23/2026 County Digitally signed by Christine Christine HUrley Hurle Date:2026.03.30 y 11:33:27-04'00' Signature County Administrator Title Date 9 73/2/2026 E(MM/DD/YYYY) 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 A.I.King Insurance Agency,Inc.NAME AOn Risk Services Central Inc. HONE (FAX 317-841-6004 /C 317-841-6006AL Ext: No):E Randolph St. Chicago, IL 60601 ADDRESS: cummins@aikinginsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Swiss Re Corporate Solutions Elite Ins 29700 INSURED INSURER B: Old Republic Insurance Company 24147 Cummins Inc. 500 Jackson Street INSURER C: Columbus IN 47201-6258 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 89515305 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A �/ COMMERCIAL GENERAL LIABILITY ✓ CGP0000001-02 8/1/2025 8/1/2026 EACH OCCURRENCE $5,000,000 CLAIMS-MADE 11/1 OCCUR PREM SES Ea oNTI cur ence $5,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 ✓ POLICY PRO LOC PRODUCTS-COMP/OP AGG $5,000,000 JECT OTHER: $ B AUTOMOBILE LIABILITY MWTB31701525 8/1/2025 8/1/2026 COMBINED SINGLE LIMIT $ ✓ Ea accident 2,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident PHYSICAL DAMAGE $SELF-INSURED A �/ UMBRELLALIAB ✓ OCCUR CG0000000l-02 8/1/2025 8/1/2026 EACH OCCURRENCE $20,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 DED RETENTION$ $ B WORKERS COMPENSATION MWC 314311 25 8/1/2025 8/1/2026 ,/ SPER TATUTE EORH AND EMPLOYERS'LIABILITY B YIN MWNEX317722 (NY) 8/1/2025 8/1/2026 OFFICER/MEMBER EXCLUDED?ECUTIVE NIA E.L.EACH ACCIDENT $2,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 B EXCESS AUTO MWZX 317016 25 8/1/2025 8/1/2026 Limit:3,000,000 A CRIME CGP0000001-02 8/1/2025 8/1/2026 Limit:2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe Count BOCC is listed as additional insured as required b written contract. BY_ 3.3. K Y q � Y DA7T _ -._3 . WAMM WA .—. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040 AUTHORIZED REPRESENTATIVE AI King ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 81515305 1 25/26 GL AU UMS WC CRM (Merged) I Shelly Pence 1 3/2/2026 3.18:27 PM (EST) I Page 1 of 3 This certificate cancels and supersedes ALL previously issued certificates. Cummins Inc. CGP0000001-02 08/01/2025 08/01/2026 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): All persons or organizations as required by contract or agreement 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 Sec- organization(s) shown in the Schedule, but only tion III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage or personal and advertising injury required by a contract or agreement, the most we caused, in whole or in part, by your acts or omis- will pay on behalf of the additional insured is the sions or the acts or omissions of those acting on amount of insurance: your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; or 2. Available under the applicable limits of insurance; whichever is less. 2. In connection with your premises owned by or rented to you. This endorsement shall not increase the applicable limits of insurance. However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to pro- vide for such additional insured. CG 20 26 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 89515305 1 25/26 GL AU UL3 WC CRCs (Merged) I Shelly Pence 1 3/2/202_6 3:18:27 PM (EST) I Page 2 of 3 This certificate cancels and supersedes ALL previously issued certificates. Cummins Inc. MWTB 317015 25 08/01/2025 POL9t0h 1VIBER: COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER 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"for Covered Autos Liability Coverage 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. Named Insured: Cummins Inc. Endorsement Effective Date: Effective Date of Policy as Stated on Certificate of Insurance SCHEDULE Name Of Person(s) Or Organization(s): All Persons or Organizations as Required by Contract or Agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 89515305 I 25/26 ez AU UMB we CRn (Merged) I She ll°1�jt74j,6,4' s:la0 9j Page �8�b13/23-08/01/24 This certificate cancels and supersedes AL r s 1 ued c r <)`•:I�OI'. ( ()l V' I 1 C(>\-I111551(aV'l'.Rti I'( .it( f I \S1`:C I P(A 1('Y \I \\l. AI ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Ten-8 Fire& Safety LLC Contract# n/a Effective Date: 03/11/2026 Expiration Date: 06/30/202y6 MM NµM„wµ..MMµµ Contract Purpose/Description: Purchase of: 1.,Extractor...Washer,for Fire..StaCi.o„n„22,,Tayorn,ier,and 1 Extractor Washer for Fire Station 11, Cudjoe Key, including freight costs for both; Expiration date is upon ...w._......w.......w . ..__......_..._..................._.. _..ww..w.. ww..._._._._..„ ._,.w w w_... completion of delivery. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Zully Hemeyer 6020 hemeyer-zully@monroecounty-fl.gov .... ............. (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 37,456.75 Current Year Portion: $ 37,456.75 m (must be$100,000 or less) Fund/Cost Center/Spend Cat (If multiyear agreement then Fund/CostCenter/Spend Cat re(lautres 140 C.'approval, 1 25-1 1 522-560600-SC 00102 auniess the tk ull 141-11500-530430-SC....w00040 $35,560.00 _ annitwit its1�Ili'1(;).4:1G100orIIless) $1,896.75 Budgeted?Yes ✓�No 26,667.45 10 789.30 Grant: � _w. County Match $,.,.. Fund/Cost Center/Spend Category: .... ADDITIONAL.C 'I'''S Estimated Ongoing Costs: $ NA /yr For: Not included in dollar value above( ) �.....................� (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Digitally signed by R,L.Colina Depart ment/Office Director/ Signature: R. L. CoIlna Date026.03.1613:39:20-04'00' Assistant Director Date lly signed by 33 M. Lewis County Attorney Signature: M. 3: .E�� IVI Levels . _--...2603171....ve ewes. , . . .�.....-........._........ Digitally slqAad by 8':03:n P Jones Risk Management Signature: Ga G8E18C1 P ,lodes Date:2ozit,o3,z3rrtl:o3:z3-0a.00' Digitally signed Julie E. Cuneo Date:202,0 2415u1eE.Cuneo Purchasing Signature: - y 4:19-0400' (email contracts(rD,monroecounty-fl.gov) Angelica IVlaIC0S1C Digitally S26,0324 „ 11 :46-04 igneaby^Angerca Malcosky OMB Signature:, Y Date:2026,036:20 �00� ......................_.. _ .,....w._._. ..._... ..µ.TM (email OMB ge monroecounty-fl.gov) Eve sent sep _-- _y....._.. �. w obtain COI obtained 3.23.26. Comments: .........__.___............. crate ema11 to Zull re need to . .. . Revised BOCC 11/12/2025 91 � 1' ., _ AT*, Original QUOTATION Ql"I(A'e IVY in-11" Docuinaft, ::atc Page TEN-8 231068473 03/09/26 1/3 FIRE&SAFETY No' :cdur",'11 11.) - 13usliness IIartneir TEN-8 FIRE &SAFETY, LLC 000650 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 2 USA Phone: 800-228-8368 Sales �-Innjnloyee Enna� l Fax: 941-756-2598 Higgins,Mark P mhiggins@tenSfire.com Docuincnl Ov'�Iner Enn�'fll Decker,Jon jdecker@ten8fire.com sc I I 'I o: Delivel y Address MONROE COUNTY FIRE RESCUE MONROE COUNTY FIRE RESCUE 7280 Overseas Highway Fire Station 11,22352 Overseas Hwy,Cudjoe Key FL 33042 MARATHON FL 33050 USA Description Quantity UoM Vendor Price Total CACHMHD-55 Circul-Air HD Industrial Grad I EA Circul-Air Corporation 17,778.30 17,778.30 Hard Mount Extractor 55 LB International CAP/ 11 pcs gear CRT-100 CRATING FEES I EA Circul-Air Corporation 100.00 100.00 International QUOTE VALID UNTIL MARCH 1ST 2026 Shipping: Ground Subtotal: $17,878.30 Freight: $800.15 Total Before Tax: $18,678.45 Total Tax Amount: $0.00 Total Amount: $ 18,678.45 Vahcl UMII! 04/09/2026 AT*, original QUOTATION 231068473 03 09 26 2 3 FIR`E`&SAFETY V Ten-8 Fire and Safety(Ten-8)Terms and Conditions Page 213 The terms and conditions set forth in these"Terms and Conditions"govern the terms of sale for all goods and services purchased by the customer from Ten-8 Fire and Safety,LLC, ("Ten-8'�.Acceptance of any purchase order received from customer(whether pursuant to a Ten-8 quotation or otherwise)is expressly subject to and conditioned upon these Terms and Conditions,which are deemed to be incorporated by reference and made a part of the parties'agreement.These Terms and Conditions shall control over any conflicting terms and conditions of purchase as may be proposed by the customer in the purchase order; any terms and conditions of purchase proposed by the customer in the purchase order that conflict with,alter,or add to the these Terms and Conditions are expressly rejected, unless such additional or conflicting terms are expressly acknowledged and agreed to in writing by Ten-8 and signed by Ten-8's duly authorized representative. Binding Agreement Customer represents and warrants to Ten-8 thatthe individual submitting the purchase order has legal authority to do so,whether in his/her own capacity or as an authorized representative of a business entity. A purchase order submitted by customer to Ten-8,which is governed by these Terms and Conditions,shall be binding on the customer and Ten-8,and deemed to be made by the parties in Manatee County,Florida. Delivery Shipment of goods in all events is F.O.B. place of shipment and shall be deemed to occur when the aforementioned items are placed in the possession of a common carrier for shipment to customer. Title and Risk of Loss Title to and risk of loss of all items purchased hereunder shall pass to customer upon shipment by Ten-8 F.O.B. place of shipment. Return Policy All returns are at Ten-8's sole discretion and must be initiated within 30 days of receipt of the product and will be charged a restocking fee. Contact your Ten-8 sales representative to receive a Return Materials Authorization(RMA). All returns must be unused and in the original manufacturer's box with the original packaging and accompanied by the original invoice number of the purchase and a copy of the RMA. All authorized returns will be charged a restocking fee. All freight charges,fabricated and special-order parts,chemicals,electrical items,oil products,paints,waxes,and additives are non-returnable. No credits will be given until the returnable part has been received by Ten-8 in an acceptable condition and determined not to be defective or damaged. Lost or Damaged Goods All claims for the loss or damage of merchandise must be presented to Ten-8 immediately.Any items considered lost by Ten-8's shipping carrier will be replaced by Ten-8.Any claims for damaged goods must be supported by a delivery note annotated by the freight carrier on delivery,or supporting photographs and other documentation. Upon review,Ten-8 shall determine the damage and make an assessment on how the damage has occurred. If the damage has occurred in shipping transit,the item will be replaced or credited to the customer.If it has been determined that the item was damaged by the customer,Ten-8 will not accept payment deductions or give credit in these circumstances. Warranty Provided Solely by Manufacturer Ten-8 is not the manufacturer of the parts sold under these Terms and Conditions. All parts sold by Ten-8 hereunder are warranted solely by any express warranty provided by the manufacturer of such product. TEN-8,INCLUDING ITS PARENT COMPANY,AFFILIATES,SUBSIDIARIES,ANDTHEIR RESPECTIVE OFFICERS,DIRECTORS,EMPLOYEES,SHAREHOLDERS,AGENTS OR REPRESENTATIVES, DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER,WHETHER ORALORWRITTE N,EXPRESS,IMPLIED OR STATUTORY.WITHOUT LIMITINGTHE FOREGOING DISCLAIMER,ANY IMPLIEDWARRANTY OR CONDITION OF MERCHANTABILITY,IMPLIED WARRANTY AGAINST INFRINGEMENT,AND IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. Limitation of Liability. TEN-8 WILL NOT BE LIABLE FOR ANY INCIDENTAL,CONSEQUENTIAL,INDIRECT,ECONOMIC,PUNITIVE,SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR INANY WAY CONNECTED WITH THIS AGREEMENT WITHOUT REGARD TOTHE NATURE OFTHE CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION(WHETHER IN CONTRACT,TORT,STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LAW)ON WHICH SUCH DAMAGES ARE BASED. TEN-8,S LIMIT OF LIABILITY UNDER THIS AGREEMENT SHALL BE CAPPED AT THE TOTAL AMOUNT OF THE MONIES PAID BY CUSTOMER TO COMPANY HEREUNDER. Arbitration. Any controversy or claim arising out of or relating to these Terms and Conditions,or the breach thereof,shall be settled solely by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules,and judgment on the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. The Arbitration shall take place in Bradenton, Florida. Taxes,Tariffs,and Duties If any tax, public charge,tariff, duty,or increase in such taxes or tariffs, is now, or shall be, assessed, levied, or imposed upon,or with respect to the sale of products by Ten-8 or the manufacturer to customer or upon any sale,delivery,or other action taken under any validly accepted order for products,or upon the export or import of such product(s)by Ten-8 or the manufacturer,or if any change shall be made in the custom house or railway classification of such product(s) or in existing freight rates applicable thereto,the burden of such charge or change shall be borne by the customer. If any term hereof is determined to be invalid or unenforceable by a competent legal authority,such term will be either reformed or deleted,as the case may be, but only to the extent necessary to comply with the applicable law,regulation,order or rule,and the remaining provisions of the Agreement will remain in full force and effect. T_.. n r:..__..r n_s_a..iT_.. nx T_. ..__..r n_..r:a:_.._ AT*, Original QUOTATION Ql"I(A'e Nuin-11"wir Docuinaft, ::atc Page TEN-8 231068470 03/09/26 1/3 FIRE&SAFETY No' :cdur",'11 11.) - 13usliness IIartneir TEN-8 FIRE &SAFETY, LLC 000650 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 USA Phone: 800-228-8368 Sales �-Innjnloyee Enna� l Fax: 941-756-2598 Higgins,Mark P mhiggins@tenSfire.com Docuincnl Ov'�Iner Enn�'fll Decker,Jon jdecker@ten8fire.com sc I I 'I o: Delivel y Address MONROE COUNTY FIRE RESCUE MONROE COUNTY FIRE RESCUE 7280 Overseas Highway Fire Station 22, 151 Marine Ave,Tavernier FL 33070 MARATHON FL 33050 USA Description Quantity UoM Vendor Price Total CACHMHD-55 Circul-Air HD Industrial Grad I EA Circul-Air Corporation 17,778.30 17,778.30 Hard Mount Extractor 55 LB International CAP/ 11 pcs gear CRT-100 CRATING FEES I EA Circul-Air Corporation 100.00 100.00 International QUOTE VALID UNTIL MARCH 31ST 2026 Shipping: Ground Subtotal: $17,878.30 Freight: $900.00 Total Before Tax: $18,778.30 Total Tax Amount: $0.00 Total Amount: $ 18,778.30 Vahcl UMII! 04/09/2026 AT*, original QUOTATION 231068470 03 09 26 2 3 FIR`E`&SAFETY V Ten-8 Fire and Safety(Ten-8)Terms and Conditions Page 213 The terms and conditions set forth in these"Terms and Conditions"govern the terms of sale for all goods and services purchased by the customer from Ten-8 Fire and Safety,LLC, ("Ten-8'�.Acceptance of any purchase order received from customer(whether pursuant to a Ten-8 quotation or otherwise)is expressly subject to and conditioned upon these Terms and Conditions,which are deemed to be incorporated by reference and made a part of the parties'agreement.These Terms and Conditions shall control over any conflicting terms and conditions of purchase as may be proposed by the customer in the purchase order; any terms and conditions of purchase proposed by the customer in the purchase order that conflict with,alter,or add to the these Terms and Conditions are expressly rejected, unless such additional or conflicting terms are expressly acknowledged and agreed to in writing by Ten-8 and signed by Ten-8's duly authorized representative. Binding Agreement Customer represents and warrants to Ten-8 thatthe individual submitting the purchase order has legal authority to do so,whether in his/her own capacity or as an authorized representative of a business entity. A purchase order submitted by customer to Ten-8,which is governed by these Terms and Conditions,shall be binding on the customer and Ten-8,and deemed to be made by the parties in Manatee County,Florida. Delivery Shipment of goods in all events is F.O.B. place of shipment and shall be deemed to occur when the aforementioned items are placed in the possession of a common carrier for shipment to customer. Title and Risk of Loss Title to and risk of loss of all items purchased hereunder shall pass to customer upon shipment by Ten-8 F.O.B. place of shipment. Return Policy All returns are at Ten-8's sole discretion and must be initiated within 30 days of receipt of the product and will be charged a restocking fee. Contact your Ten-8 sales representative to receive a Return Materials Authorization(RMA). All returns must be unused and in the original manufacturer's box with the original packaging and accompanied by the original invoice number of the purchase and a copy of the RMA. All authorized returns will be charged a restocking fee. All freight charges,fabricated and special-order parts,chemicals,electrical items,oil products,paints,waxes,and additives are non-returnable. No credits will be given until the returnable part has been received by Ten-8 in an acceptable condition and determined not to be defective or damaged. Lost or Damaged Goods All claims for the loss or damage of merchandise must be presented to Ten-8 immediately.Any items considered lost by Ten-8's shipping carrier will be replaced by Ten-8.Any claims for damaged goods must be supported by a delivery note annotated by the freight carrier on delivery,or supporting photographs and other documentation. Upon review,Ten-8 shall determine the damage and make an assessment on how the damage has occurred. If the damage has occurred in shipping transit,the item will be replaced or credited to the customer.If it has been determined that the item was damaged by the customer,Ten-8 will not accept payment deductions or give credit in these circumstances. Warranty Provided Solely by Manufacturer Ten-8 is not the manufacturer of the parts sold under these Terms and Conditions. All parts sold by Ten-8 hereunder are warranted solely by any express warranty provided by the manufacturer of such product. TEN-8,INCLUDING ITS PARENT COMPANY,AFFILIATES,SUBSIDIARIES,ANDTHEIR RESPECTIVE OFFICERS,DIRECTORS,EMPLOYEES,SHAREHOLDERS,AGENTS OR REPRESENTATIVES, DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER,WHETHER ORALORWRITTE N,EXPRESS,IMPLIED OR STATUTORY.WITHOUT LIMITINGTHE FOREGOING DISCLAIMER,ANY IMPLIEDWARRANTY OR CONDITION OF MERCHANTABILITY,IMPLIED WARRANTY AGAINST INFRINGEMENT,AND IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. Limitation of Liability. TEN-8 WILL NOT BE LIABLE FOR ANY INCIDENTAL,CONSEQUENTIAL,INDIRECT,ECONOMIC,PUNITIVE,SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR INANY WAY CONNECTED WITH THIS AGREEMENT WITHOUT REGARD TOTHE NATURE OFTHE CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION(WHETHER IN CONTRACT,TORT,STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LAW)ON WHICH SUCH DAMAGES ARE BASED. TEN-8,S LIMIT OF LIABILITY UNDER THIS AGREEMENT SHALL BE CAPPED AT THE TOTAL AMOUNT OF THE MONIES PAID BY CUSTOMER TO COMPANY HEREUNDER. Arbitration. Any controversy or claim arising out of or relating to these Terms and Conditions,or the breach thereof,shall be settled solely by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules,and judgment on the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. The Arbitration shall take place in Bradenton, Florida. Taxes,Tariffs,and Duties If any tax, public charge,tariff, duty,or increase in such taxes or tariffs, is now, or shall be, assessed, levied, or imposed upon,or with respect to the sale of products by Ten-8 or the manufacturer to customer or upon any sale,delivery,or other action taken under any validly accepted order for products,or upon the export or import of such product(s)by Ten-8 or the manufacturer,or if any change shall be made in the custom house or railway classification of such product(s) or in existing freight rates applicable thereto,the burden of such charge or change shall be borne by the customer. If any term hereof is determined to be invalid or unenforceable by a competent legal authority,such term will be either reformed or deleted,as the case may be, but only to the extent necessary to comply with the applicable law,regulation,order or rule,and the remaining provisions of the Agreement will remain in full force and effect. T_.. n r:..__..r n_s_a..iT_.. nx T_. ..__..r n_..r:a:_.._ Monroe County Contract Terms and Conditions The Monroe County Board of County Commissioners and the Board of Governors of the MonroeCounty Fire and Ambulance District 1 (herein collectively referred to as "County') and Ten-8 Fire & Safety, LLC (herein after "Contractor")agree as set forth below. The County and Contractor hereby enter into this agreement to modify the Quote Number 231060672(3 pages) and Quote Number 231060673 (3 pages), attached herein as "Composite Exhibit A," offered by Contractor for the good or services to be provided(herein after referred to as "Agreement")and agrees to the following: This Agreement includes and incorporates the Contractor's Quotes, and is supported by consideration that is expressly deemed sufficient by the County and Contractor. To the extent there are conflicting terms among the contract documents, the language as set forth in this "Monroe County Contract Terms & Conditions" agreement shall control over any other terms and shall be binding. The terms and conditions as set forth below are imposed in accordance with Florida Law and Monroe County Code. All products purchased hereunder are F.O.B. Destination. 1. Payment: Payment will be made in accordance with the Local Government Prompt Payment Act, Section 218.70, Florida Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act. Contractor shall submit to the County invoices with Supporting documentation that are acceptable to the Monroe County Clerk of Court and Comptroller (Clerk). Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. If the Agreement is a multi-year agreement, the County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. a. This Agreement shall not exceed $100,000.00 unless it is approved by the Monroe County Board of County Commissioners. Any automatic renewal is subject to a not to exceed amount of $100,000.00 unless the Monroe County Board of County Commissioners gives prior approval of an agreement more than $100,000.00. In accordance with Monroe County Code Sec. 2-58, the County Administrator is authorized to sign agreements when the total cumulative value of the contract does not exceed$100,000.00. b. 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. 2. Termination: a. Cause. The County may terminate this Agreement for cause should Contractor fail to perform. Prior to termination for cause, the County shall provide Contractor with seven (7) calendar days' 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,County shall pay Contractor the sum due for work performed 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. b. 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,County shall pay Contractor the sum due for work performed prior to termination, unless the cost of completion of the remaining work under the Agreement exceeds the funds remaining in the contract. 3. 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 I consistently applied. 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 five years following the termination of this Agreement. If an auditor employed by the County or the determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. 4. 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 of this Agreement, the County and Contractor agree that venue shall lie exclusively in the appropriate court or before the appropriate administrative body within the 16`h Judicial Circuit in and for Monroe County, Florida.This Agreement shall not be subject to arbitration. 5. Attorney's Fees and Costs: The Parties 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-pre prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 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. 6. Nondiscrimination: 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 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 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 s. 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 s. 12101 Note), as maybe amended from time to time, relating to nondiscrimination 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; 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. 7. 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 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 2 unilaterally cancel this contract upon violation of this provision by Contractor. Failure of 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. Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with Chapter 119, Florida Statutes. 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 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: PUBLICRECI RDS ,MONROECOUNTY-FL.GOV, OR PHONE: 305-292- 3470. 8. Sovereign Immunity and Non-Waiver of Immunity: The County s indemnification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida Statutes. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Contractor 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. 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;nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement 9. 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. 10. 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. 11. Statutory Requirements and Notices relating to Unauthorized Employment and Subcontracts (E- Verify System): In accordance with F.S.448.095,Any 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 Securitv's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Agreement term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. Contractor shall comply with and be subject to the provisions of F.S. 448.095. 3 12. Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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,proposals,or replies on leases 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 provided in Section 287.017, F.S., for CATEGORY TWO($35,000)for a period of 36 months following the date of being placed on the convicted vendor list. 13. Scrutinized Companies: Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S.,the Department may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for more than one million dollars, the Contractor certifies that it is also not on the Scrutinized Companies with Activities in Sudan,Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135,F.S.Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification;or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions,then they shall become inoperative. 14. Disclosure of Gifts from Foreign Sources: If this Agreement is $100,000 or more, Contractor shall disclose to County any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern,as defined in section 286.101,F.S.,if such interest,contract,or grant or gift has a value of$50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed,the applicable foreign country of concern and,if applicable,the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above,then within 1 year before applying for any grant,Contractor must also provide a copy of such disclosure to the State of Florida Department of Financial Services. 15. Suspended Person/Business Entity Sec. 2-347(1), Monroe County Code: In accordance with Monroe County Code Sec. 2-347(l),the Contractor hereby swears and affirms that it is not a suspended person or business entity. The employment of a suspended person/business entity is a material breach of the county/contractor contract and entitles the County, in its discretion, to 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. 16. Indemnification & Hold Harmless: Notwithstanding any minimum 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 from and against any claims, actions or causes of action, 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 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 the Contractor or any of its employees, agents, 4 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 the Contractor or any of its employees,agents,sub-contractors or other invitees;or(C)the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement.This section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 17. Insurance: At all times during the term of this Agreement(including any extensions thereof), Contractor shall maintain the insurance as specified in this section. In the event Contractor fails to maintain all insurance required by this section, County reserves the right to immediately terminate this Agreement or suspend all work until the required insurance has been reinstated.Delays in completion of the work resulting from Contractor's failure to maintain required insurance shall not cause the extension of any deadlines specified in this Agreement,and Contractor agrees to indemnify and hold harmless the County for any and all increases in cost resulting from such delay. Contractor shall maintain the following coverage: a. Commercial General Liability: Contractor's insurance policy shall cover, at a minimum, premises operations, personal injury (including death), property damage, products & completed operations, and blanket contractual liability. If coverage is provided on a Claims Made basis, Contractor's policy must provide for claims filed during the term of this Agreement,and for twelve (12) months after its termination or expiration. Contractor's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The minimum limits acceptable are: $500,000 Combined Single Limit(CSL). b. Worker's Compensation: Contractor's insurance policy shall reflect coverage and limits sufficient to meet requirements of Chapter 440, Florida Statutes. Prior to commencement of work under this Agreement, Contractor shall provide to the County Risk Manager satisfactory evidence of the required insurance, which may be an Certificate of Insurance or a copy of the insurance policy. The County reserves the right to request a certified copy of Contractor's insurance policy.Any deviation from the insurance requirements specified herein must be approved by the County's Risk Manager on an approved Insurance Waiver Form. Insurance Waivers may be requested from the Risk Management Department: Tel:(305)292-3470; Email. risk ia vent"e bnon oec_ount 1t. +:y. 18. County Forms: By signing this Agreement, Contractor has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Vendor Certification Regarding Scrutinized Companies List and Affidavit Attesting To Noncoercive Conduct For Labor Or Services as set forth in more detail in this Agreement. 19. Public Entity Crime Statement: Contractor certifies and agrees that Contractor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 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._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 contracts 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 public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, Contractor or subcontractor 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($35,000)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 5 and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities.- 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 formally charged with committing an act defined as a"public entity crime"regardless of 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. 20. Ethics Clause: By signing this Agreement, Contractor warrants that he/it has not employed, retained or otherwise had act on his/her 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. 010-1990,and codified at Section 2-148 et seq. of the Monroe County Code. 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 from the Agreement 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. 21. Vendor Certification Regarding Scrutinized Companies Lists: Contractor agrees and certifies compliance with the following: a. Section 287.135, Florida Statutes prohibits a Contractor 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 Contractor 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 Contractor from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, if the Contractor/company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Lists which were created pursuant to s. 215.473, Florida Statutes,or is engaged in business operations in Cuba or Syria and is not on the State Board of Administration's "Scrutinized List of Prohibited Companies" available under the quarterly reports section at rr, s// ;ruklja;r coral l`a pta,tillg . b. As the person authorized to sign on behalf of Contractor, I hereby certify that the Contractor identified above 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 List, or engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. c. As the person authorized to sign on behalf of Contractor, I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Contractor 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 Contractor 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 List or been engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. Note: The List are available at the following Department of Management Services Site: hup //w v v¢jN1 s oytictrmndaxom/bLlSines oMj� gjjons/sLal , ire,1ws.i..g. stat 1 gg.r.1 r c1urces/ven for re gl tration and vendor lists 22. Non-Collusion Affidavit: Contractor by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of Contractor, the bidder making the Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority to do so; the prices in this bid have been arrived at independently without collusion, 6 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 bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor;and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit,or not to submit,a bid for the purpose of restricting competition;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 affidavit in awarding contracts for said project. 23. Affidavit Attesting to Noncoercive Conduct for Labor or Services:Contractor is required to provide an affidavit under penalty of perjury attesting that Contractor does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. a. 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 of the 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 Contractor,I certify under penalties of perjury that Contractor does not use coercion for labor or services in accordance with Section 787.06.Additionally,Contractor has reviewed Section 787.06,Florida Statutes,and agrees to abide by same. 24. Common Carrier or Contractor Carrier Attestation Form:If Contractor is a common carrier,as defined by Section 908.111,Florida Statutes,then Contractor hereby certifies and declares on my oath and under penalty of perjury that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien,except to facilitate the detention,removal,or departure of the person from this state or the United States. IN WITNESS WHEREOF,County and Contractor have executed this Agreement as of the date appearing next to their respective signatures. Contractor: Ten-8 Fire&Safety,LLC Monroe County,Florida(BOCC&BOG) Acting throu ;h the County Administrator Christine Digit �9 ao;� C+at bE20 tl^flBZY'N.1 ej141 _Hurley ey ogee 0 �b.��'00' („ szoz rti'oo Tignatu Date 7 Christine Hurley,AICP Date Approved as to legal form and sufficiency: Title Eve M. LewisL 'D ripx6aztlei33s Eve M.Lewis,Asst.Cnty.Attorney 7 "COMPOSITE EXHIBIT Amended QUOTATION OULAom TEN-8 231060672 12/01/25 1/3 FIRE&SAFETY TEN-8 FIRE&SAFETY, LLC C00650 2904 59TH AVENUE DRIVE EAST BRADENTON,FL 34203 USA Phone: 800-228-8368 Fax: 941-756-2598 Higgins,Mark P mhiggins@tenSfire.com ................ .......... Decker,Son jdecker@ten8fire.com ilT, ...... ""' ... ........................ MONROE COUNTY FIRE RESCUE MONROE COUNTY FIRE RESCUE 7280 OVERSEAS HIGHWAY Fire Station 11,22352 Overseas Hwy,Cudjoe Key FL 33042 MARATHON FL 33050 USA Description Quantity UoM Vendor Price Total ............................. ........... CACHMHD-55 Circul-Air HD Industrial 1 EA Circul-Air Corporation 17,778.30 17,778.30 Grade Hard Mount International Extractor 55 LB CAP/ 11 pcs gear ......................... ................... CRT-100 CRATING FEES I EA Circul-Air Corporation 100.00 100.00 International QUOTE"LID UNTIL MARCH 1ST 2026 Shipping:Ground Subtotal: $17,878.30 Freight: $800.15 .......... ............... Total Before Tax: $18,678.45 Total Tax Amount: $0.00 ........... Total Amount: $ 18,678.45 03/01/2026 Amended (QUOTATION TEN-8 231060672 12/01/25 2/3 FIRE&SAFETY V Ten-8 Fire and Safety(Ten-8)Terms and Conditions 2/3 The terms and conditions set forth in these "Terms and Conditions'govern the terms of sale for all goods and services purchased by the customer from Ten-8 Fire and Safety, LLC, ("Ten-8'�.Acceptance of any purchase order received from customer(whether pursuant to a Ten-8 quotation or otherwise) is expressly subject to and conditioned upon these Terms and Conditions, which are deemed to be incorporated by reference and made a part of the parties' agreement. These Terms and Conditions shall control over any conflicting terms and conditions of purchase as may be proposed by the customer in the purchase order; any terms and conditions of purchase proposed by the customer in the purchase order that conflict with, alter, or add to the these Terms and Conditions are expressly rejected, unless such additional or conflicting terms are expressly acknowledged and agreed to in writing by Ten-8 and signed by Ten-8's duly authorized representative. Binding Agreement Customer represents and warrants to Ten-8 that the individual submitting the purchase order has legal authority to do so, whether in his/her own capacity or as an authorized representative of a business entity. A purchase order submitted by customer to Ten-8, which is governed by these Terms and Conditions,shall be binding on the customer and Ten-8,and deemed to be made by the parties in Manatee County,Florida. Delivery Shipment of goods in all events is F.O.B. place of shipment and shall be deemed to occur when the aforementioned items are placed in the possession of a common carrier for shipment to customer. Title and Risk of Loss Title to and risk of loss of all items purchased hereunder shall pass to customer upon shipment by Ten-8 F.O.B. place of shipment. Return Policy All returns are at Ten-8's sole discretion and must be initiated within 30 days of receipt of the product and will be charged a restocking fee. Contact your Ten-8 sales representative to receive a Return Materials Authorization(RMA). All returns must be unused and in the original manufacturer's box with the original packaging and accompanied by the original invoice number of the purchase and a copy of the RMA.All authorized returns will be charged a restocking fee. All freight charges, fabricated and special-order parts, chemicals, electrical items, oil products, paints, waxes, and additives are non-returnable. No credits will be given until the returnable part has been received by Ten-8 in an acceptable condition and determined not to be defective or damaged. Lost or Damaged Goods All claims for the loss or damage of merchandise must be presented to Ten-8 immediately. Any items considered lost by Ten-8's shipping carrier will be replaced by Ten-8. Any claims for damaged goods must be supported by a delivery note annotated by the freight carrier on delivery, or supporting photographs and other documentation. Upon review,Ten-8 shall determine the damage and make an assessment on how the damage has occurred. If the damage has occurred in shipping transit,the item will be replaced or credited to the customer.If it has been determined that the item was damaged by the customer,Ten-8 will not accept payment deductions or give credit in these circumstances. Warranty Provided Solely by Manufacturer Ten-8 is not the manufacturer of the parts sold under these Terms and Conditions. All parts sold by Ten-8 hereunder are warranted solely by any express warranty provided by the manufacturer of such product. TEN-8, INCLUDING ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES, DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING DISCLAIMER, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, IMPLIED WARRANTY AGAINST INFRINGEMENT, AND IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. Limitation of Liability. TEN-8 WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, ECONOMIC, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT WITHOUT REGARD TO THE NATURE OF THE CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LAW) ON WHICH SUCH DAMAGES ARE BASED. TEN-8'S LIMIT OF LIABILITY UNDER THIS AGREEMENT SHALL BE CAPPED AT THE TOTAL AMOUNT OF THE MONIES PAID BY CUSTOMER TO COMPANY HEREUNDER. Arbitration. Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled solely by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitration shall take place in Bradenton,Florida. Taxes,Tariffs,and Duties If any tax, public charge, tariff, duty, or increase in such taxes or tariffs, is now, or shall be, assessed, levied, or imposed upon, or with respect to the sale of products by Ten-8 or the manufacturer to customer or upon any sale, delivery, or other action taken under any validly accepted order for products, or upon the export or import of such product(s) by Ten-8 or the manufacturer, or if any change shall be made in the custom house or railway classification of such product(s)or in existing freight rates applicable thereto,the burden of such charge or change shall be borne by the customer. If any term hereof is determined to be invalid or unenforceable by a competent legal authority, such term will be either reformed or deleted, as the case may be, but only to the extent necessary to comply with the applicable law, regulation, order or rule, and the remaining provisions of the Agreement will remain in full force and effect. Amended QUOTATION TEN-8 231060673 12/01/25 1/3 FIRE&SAFETY TEN-8 FIRE&SAFETY, LLC C00650 2904 59TH AVENUE DRIVE EAST ..... . ...... ........................ ...... . ..... ............. ... BRADENTON,FL 34203 USA Phone: 800-228-8368 Fax: 941-756-2598 Higgins,Mark P mhiggins@tenSfire.com E"-�Il Decker,Jon jdecker@tenSfire.com L) 11Jri MONROE COUNTY FIRE RESCUE MONROE COUNTY FIRE RESCUE 7280 OVERSEAS HIGHWAY Fire Station 22, 151 Marine Ave,Tavernier FL 33070 MARATHON FL 33050 USA Description Quantity UoM Vendor Price Total CACHMHD-55 Circul-Air HD Industrial I EA Circul-Air Corporation 17,778.30 17,778.30 Grade Hard Mount International Extractor 55 LB CAP/ 11 pcs gear ............. ... .. ............ CRT-100 CRATING FEES I EA Circul-Air Corporation 100.00 100.00 International QUOTE VALID UNTIL MARCH 1ST 2026 Shipping. Subtotal: $17,878.30 ..................... Freight: $900.00 -.......................... Total Before Tax: $18,778.30 ...... .... Total Tax Amount: $0.00 Total Amount: $ 18,778.30 in 1: 03/01/2026 .............. AmendedTEN QUOTATION —8 231060673 12/01/25 2/3 FIRE R.SAFETY i _....... ......_... ..... .............. .....w. .,,,,,,,,,. ... ..... ...... .. ..... Ten-8 Fire and Safety(Ten-8)Terms and Conditions 2/3 The terms and conditions set forth in these"Terms and Conditions" govern the terms of sale for all goods and services purchased by the customer from Ten-8 Fire and Safety, LLC, ("Ten-8'�.Acceptance of any purchase order received from customer (whether pursuant to a Ten-8 quotation or otherwise) is expressly subject to and conditioned upon these Terms and Conditions, which are deemed to be incorporated by reference and made a part of the parties' agreement. These Terms and Conditions shall control over any conflicting terms and conditions of purchase as may be proposed by the customer in the purchase order; any terms and conditions of purchase proposed by the customer in the purchase order that conflict with, alter, or add to the these Terms and Conditions are expressly rejected, unless such additional or conflicting terms are expressly acknowledged and agreed to in writing by Ten-8 and signed by Ten-8's duly authorized representative. Binding Agreement Customer represents and warrants to Ten-8 that the individual submitting the purchase order has legal authority to do so, whether in his/her own capacity or as an authorized representative of a business entity. A purchase order submitted by customer to Ten-8, which is governed by these Terms and Conditions,shall be binding on the customer and Ten-8,and deemed to be made by the parties in Manatee County,Florida. Delivery Shipment of goods in all events is F.O.B. place of shipment and shall be deemed to occur when the aforementioned items are placed in the possession of a common carrier for shipment to customer. Title and Risk of Loss Title to and risk of loss of all items purchased hereunder shall pass to customer upon shipment by Ten-8 F.O.B. place of shipment. Return Policy All returns are at Ten-8's sole discretion and must be initiated within 30 days of receipt of the product and will be charged a restocking fee. Contact your Ten-8 sales representative to receive a Return Materials Authorization(RMA). All returns must be unused and in the original manufacturer's box with the original packaging and accompanied by the original invoice number of the purchase and a copy of the RMA.All authorized returns will be charged a restocking fee. All freight charges, fabricated and special-order parts, chemicals, electrical items, oil products, paints, waxes, and additives are non-returnable. No credits will be given until the returnable part has been received by Ten-8 in an acceptable condition and determined not to be defective or damaged. Lost or Damaged Goods All claims for the loss or damage of merchandise must be presented to Ten-8 immediately. Any items considered lost by Ten-8's shipping carrier will be replaced by Ten-8. Any claims for damaged goods must be supported by a delivery note annotated by the freight carrier on delivery, or supporting photographs and other documentation. Upon review,Ten-8 shall determine the damage and make an assessment on how the damage has occurred. If the damage has occurred in shipping transit,the item will be replaced or credited to the customer.If it has been determined that the item was damaged by the customer,Ten-8 will not accept payment deductions or give credit in these circumstances. Warranty Provided Solely by Manufacturer Ten-8 is not the manufacturer of the parts sold under these Terms and Conditions. All parts sold by Ten-8 hereunder are warranted solely by any express warranty provided by the manufacturer of such product. TEN-8, INCLUDING ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES, DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING DISCLAIMER, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, IMPLIED WARRANTY AGAINST INFRINGEMENT, AND IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. Limitation of Liability. TEN-8 WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, ECONOMIC, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT WITHOUT REGARD TO THE NATURE OF THE CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LAW) ON WHICH SUCH DAMAGES ARE BASED. TEN-8'S LIMIT OF LIABILITY UNDER THIS AGREEMENT SHALL BE CAPPED AT THE TOTAL AMOUNT OF THE MONIES PAID BY CUSTOMER TO COMPANY HEREUNDER. Arbitration. Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled solely by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitration shall take place in Bradenton,Florida. Taxes,Tariffs,and Duties If any tax, public charge, tariff, duty, or increase in such taxes or tariffs, is now, or shall be, assessed, levied, or imposed upon, or with respect to the sale of products by Ten-8 or the manufacturer to customer or upon any sale, delivery, or other action taken under any validly accepted order for products, or upon the export or import of such product(s) by Ten-8 or the manufacturer, or if any change shall be made in the custom house or railway classification of such product(s)or in existing freight rates applicable thereto,the burden of such charge or change shall be borne by the customer. If any term hereof is determined to be invalid or unenforceable by a competent legal authority, such term will be either reformed or deleted, as the case may be, but only to the extent necessary to comply with the applicable law, regulation, order or rule, and the remaining provisions of the Agreement will remain in full force and effect. �� DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 03/17/2026 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 COOTACT Sharon Burton-Hicks Brown&Brown Insurance Services,Inc. PHONE (727}461-6044 T � (727)442-7695 140 Fountain Parkway NfATL Sharon.Burton-Hicks@bbrown,com ADDRESS: Suite 600 INSURERS)AFFORDING COVERAGE NAIC M St.Petersburg FL 33716 NsuRER A: Old Republic Insurance Company 24147 ....... INSURED NsuRER e: Palomar Excess and Surplus insurance Company 16754 Ten-8 Fire&Safety,LLC,DBA:Ten-8 Fire&Safety INSURER c: 2904 59th Avenue Dr.E INSURER D INSURER E; """." ............................ Bradenton FL 34203 INSURER F. COVERAGES CERTIFICATE NUMBER: 26-27 COI 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 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. _______".............." INT's IS r� LIMITS LTR TYPE OF INSURANCE IN;S,� 1N4p ......... POLICY NUMBER MM/DDNWY MM/DD/YYYY '._ _"_"_" COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 �I -rAVX�5-R rRT rranca $ 500,000 CLAIMS-MADE OCCUR MED EXP(An one person) $ 10,000 A Y MWZY31943226 03/01/2026 03/01/2027 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGA'TE LIMITAPPLIES PER: _ GENERALAGGREGATE $ 4,000,000 POLICY PR¢Jw ❑ -"""__.___.""_"....e..... 4,000,000 .+^"�. pq;;CT LOC PRODUCTS-COMP/OP AGG $ OTHER: _ ...,,.,,,...,....AUTOMOBILE LIABILITY...,,........,,._..............,,,,,,. ...,,..............._. ............... . (':YMTf iN 5 Sir*LE UMGI" ....$ 5,000,000 Ez IWe,trtl0'terrW X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS MWTB 319433 26 03/01/2026 03l01/2027 BODILY INJURY(Per accident) $ t) HIRED NON-OWNED 5-4, PEP.R YY DAMAdff $ AUTOS ONLY AUTOS ONLY PIef at igLn ,- PIP s 10,000 .,,,....'................ """""""""""".." X"UMBRELLA LIAB X OCCUR "_...................... EACH OCCURRENCE $ 4,000,000......_ B EXCESS LIAB CLAIMS-MADE CEPXP-25-0000138-01 03/01/2026 03/01/2027 AGGREGATE $ 4,000,000 DED RETENTION>�s O.M. ."..._..""""...""" WORKERS COMPENSATION PER UTFI AND EMPLOYERS'LIABILITY X STATt,7TF. ER YIN """"L."..,�."""_ ANY PROPRIETOR/PARTNERIEXECUTIVE E.L EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N N/A MWC 319431 26 03l01f2026 03/01l2027 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $ Garagekeepers L. A MWTB 319433 26 03l0112026 03101/2027 Liability Limit 8,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) .............. Monroe County Board of County Commisioners is an additional insured in regard to the General Liability policy where required by written contract. APPROVED BY RISKM��'A```NAOEMENT BY 119,26 C DATE.................................................................... WAIVER N/A X YES 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 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 Monroe County Fire Rescue Quotes Recieved for Extractor Purchases Fire Station 11,Cudjoe Fire Station Key Tavernier Total Amount Ten-8 Fire&Safety,LLC $ 18,678.45 $ 18,778.30 $ 37,456.75 MECO-Municipal Equipment Co.,LLC $ 20,937.50 $ 20,937.50 $ 41,875.00 AEST Fire&Safety $ 19,456.00 1 $ 19,528.00 $ 38,984.00 11/10/2025 FIRE SlAII(ON ��G Vii�`�JE�3�J9s�3 Ail.& Original QUOTATION TENFIRE a SAFETY 231060673 11/03/25 1/1 * .,.. ....... ....... ........ . TEN-8 FIRE &SAFETY, LLC C00650 2904 59TH AVENUE DRIVE EAST _....................................................... ................................................. �,u BRADENTON, FL 34203 USA _ .... _.......................... . _ .......... Phone: 800-228-8368 S.L. Fax: 941-756-2598 Higgins,Mark P mhiggins@ten8fire.com Decker,]on jdecker@ten8fire.com ..........._._...................................................._....... ......... ..................................... MONROE COUNTY FIRE RESCUE MONROE COUNTY FIRE RESCUE 7280 OVERSEAS HIGHWAY Fire Station 22,151 Marine Ave,Tavernier FL 33070 MARATHON FL 33050 USA Description Quantity UoM Vendor Price Total CACHMHD-55 Circul-Air HD Industrial 1 EA Circul-Air Corporation 17,778.30 17,778.30 Grade Hard Mount International Extractor 55 LB CAP/ 11 pcs gear CRT-100 CRATING FEES 1 EA Circul-Air Corporation 100.00 100.00 International Shipping: Subtotal: $17,878.30 Freight: $900.00 Total Before Tax: $18,778.30 .......................-,.,__........__.................................................................................................__._..___. ...... Total Tax Amount: $0.00 Total Amount: $ 18,778.30 1 12/03/2025 "If any tax, public charge, tariff or duty, is modified assessed, levied with respect to this sale then the burden of such charge or change shall be borne by the Customer. - please access the link below for our full terms and conditions." All returns must be initiated within 30 days of receipt of product and will be charged a restocking fee.Contact your sales representative to receive a Return Materials Authorization(RMA).Special order parts are not returnable. Full terms and conditions for returns can be found on our website at „,//tI1ia:.l " . f r1i,„rtkg4. y1 MUNICIPAL EQUIPMENT Entered Date Taken By Customer# OrderOt@ #FLORIDA � 408 BIF COURT 11/3/25 CC01 13483 455093-00 ORLANDO,FL 32809 PO# Requested Ship Date Page# PHONE(800)228-8448 11/3/25 1 Bill To Ship To Correspondence To MONROE COUNTY FIRE RESCUE FIRE STATION 22 MUNICIPAL EQUIPMENT CO,LLC ACCOUNTS PAYABLE 151 Marine Ave 408 BIF COURT 490 63rd OCEAN E. EMAIL:sales@mecofiire.com PHONE(800)228-8448 MARATHON,FL 33050 Tavernier,FL 33070 ORLANDO, FL 32809 Instructions Ship Point Via Shipped Terms MUNICIPAL EQUIPMENT-FLORIDA NET 30 DAYS Notes FREIGHT INCLUDED.QUOTE EXPIRES 12/3/25. —PRICING SUBJECT TO CHANGE DUE TO POTENTIAL TARIFFS Line Product and Description UPC Order Shipped Qtty UM Unit Price Price UM Amount(Net) Item Quantity Quantity 1 TS-EX-V6.0 00000 1.00 1.00 each 20,937.50 each 20,937.50 TOXIC SUPPRESSION 60LBS NFPA 1851 PACKAGE INCL,TWO PUMP INJECTOR,5 GAL SAFETY SUDS,5 GAL BACSTOP SANITIZER 10 YEAR WARRANTY 1 Lines Total Total Order Quantity 1.00 Subtotal 20,937.50 Taxes 0.00 Total 20,937.50 AEST Fire &Safety 304 N Wilkinson Dr Laurinburg, NC 28352 +19105064060 Sales@aestsafety.net www.AESTSafety.com Esthmate ADDRESS SHIP TO ESTIMATE# 25-2128 Monroe County Fire Rescue Fire Station 22 DATE 11/03/2025 490 63rd Street Ocean 151 Marine Ave EXPIRATION DATE 12/31/2025 Suite#160 Tavernier FL 33070 Marathon, Florida 33050 ....... .. AUMTY DESC4°MT-PON SKU Q'ry RATE AMOUNT Ready Rack;Smart-Wash 881b Extractor -Compact SW88-1 ph 1 31,150.00 31,150.00T 208-240v/1 Phase-NFPA1851 Compliant footprint with a wide 180 door swing for easy loading and unloading -Six- compartment dispenser accepts both liquid and powder detergent -Compatible with automatic soap injectors for precise chemical dosing - Durable stainless steel drum,tub, and front panel for long-term reliability -Ceramic- coated shaft minimizes friction and extends machine life -7"color touchscreen is user-friendly and fully programmable - Smart operation with quick setup and USB transfer of wash and chemical programs Accommodates 10-12 pieces of gear Lake County (LIST): $32,000 AEST (-8%): $29,440 Freight (+$1,710): $31,150 Circil-Air 551b HD Industrial Hard mount This 55-lb CACHMHD- 1 19,528.00 19,528.00T Extractor capacity HD 55 series hard mount extractor is a great multi- engine station- level extractor. It washes 5 sets of thermal liner/moisture barriers and hoods or 5.5 sets of outer shells (11 pieces of gear).. The expanded pre- programmed wash cycles allow for an ISP-level of cleaning. - Dedicated Fire PPE Wash Cycles as per NFPA-1851 2020 edition - Features the "Circul-Air Fire Package" -Cleans 11 pieces of gear - Industrial grade construction and stainless steel drum for heavy-duty washing -Optimal for larger stations with reinforced flooring available - Easy and ready-to-use installation -2-year warranty Lake County (LIST): $20,736 AEST (-10%): $18,573 Freight (+$955): $19,528 CIRCUL-AIR;60 lb. -6 Set HD Industrial An industrial, CACSHD- 1 24,744.00 24,744.00T Soft Mount Extractor front load 60 extractor pre- programmed for NFPA 1851:2020 requirements. A soft mount design,this machine offers advanced cleaning capabilities while allowing for less restrictive installations compared to hard mount machines. •Meets NFPA 1851:2020 requirements •Pre- programmed with NFPA 1851 recommended wash cycles •Commercial quality construction and components •208-240V •Ships with SEKO-2 pump and 1 Gal CitroSqueeze Sample •3-year warranty Lake County (LIST): $26,357 AEST (-10%): $23,721 Freight (+$1023): $24,744 SUBTOTAL 75,422.00 TAX 0.00 TOTAL $75422.00 Accepted By Accepted Date FORE STATION I I CUDJOE KEY Original QUOTATION TEN- 231060167 11/03/25 1/1 FIRE&SAFETY ......... ........ ......... ......... ........ ........ ......... ............�.,. 2 ._ TEN-8 FIRE &SAFETY, LLC C00650 2904 59TH AVENUE DRIVE EAST �� �..............__.........�.._._._..., .._........................_-__.._..,.�.�.�.�...............�...... BRADENTON, FL 34203 USA .. ...a,,.,,-.,,,.. .. _ ........ .......... .,...................... w_,,,_._,........ Phone: 800-228-8368 5_a_� Ei, it Fax: 941-756-2598 Higgins,Mark P mhiggins@ten8fire.com ,I Decker,]on jdecker@ten8fire.com MONROE COUNTY FIRE RESCUE MONROE COUNTY FIRE RESCUE 7280 OVERSEAS HIGHWAY Fire Station 11,22352 Overseas Hwy,Cudjoe Key FL 33042 MARATHON FL 33050 USA Description Quantity UoM Vendor Price Total CACHMHD-55 Circul-Air HD Industrial 1 EA Circul-Air Corporation 17,778.30 17,778.30 Grade Hard Mount International Extractor 55 LB CAP/11 pcs gear CRT-100 CRATING FEES 1 EA Circul-Air Corporation 100.00 100.00 International Shipping: Ground Subtotal: $17,878.30 Freight: $800.15 Total Before Tax: $18,678.45 ....................................................................................................... �— Total Tax Amount: $0.00 Total Amount: $ 18,678.45 J-: '!: il: 12/03/2025 "If any tax, public charge, tariff or duty, is modified assessed, levied with respect to this sale then the burden of such charge or change shall be borne by the Customer. - please access the link below for our full terms and conditions." All returns must be initiated within 30 days of receipt of product and will be charged a restocking fee.Contact your sales representative to receive a Return Materials Authorization(RMA).Special order parts are not returnable.Full terms and conditions for returns can be found on our website at / Niiilpllj(I�illi�lllllllll(IIIIIIIII! MUNICIPAL EQUIPMENT- Quote FLORIDA Entered Date Taken By Customer# Order# 408 BIF COURT 11/3/25 CC01 13483 455092-00 ORLANDO,FL 32809 PO# Requested Ship Date Page# PHONE(800)228-8448 11/3/25 1 Bill To Ship To Correspondence To MONROE COUNTY FIRE RESCUE FIRE STATION 11 MUNICIPAL EQUIPMENT CO,LLC ACCOUNTS PAYABLE 22352 Overseas Hwy 408 BIF COURT 490 63rd OCEAN E. EMAIL:sales@mecofire.com PHONE(800)228-8448 MARATHON,FL 33050 Cudjoe Key,FL 33042 ORLANDO, FL 32809 Instructions Ship Point Via Shipped Terms MUNICIPAL EQUIPMENT-FLORIDA NET 30 DAYS Notes FREIGHT INCLUDED.QUOTE EXPIRES 12/3/25. —PRICING SUBJECT TO CHANGE DUE TO POTENTIAL TARIFFS Line Product and Description UPC Order Shipped Qty UM Unit Price Price UM Amount(Net) Item Quantity Quantity — -� 1 TS-EX-V6.0 00000 1.00 1.00 each 20,937.50 each 20,937.50 TOXIC SUPPRESSION 60LBS NFPA 1851 PACKAGE INCL.TWO PUMP INJECTOR,5 GAL SAFETY SUDS,5 GAL BACSTOP SANITIZER 10 YEAR WARRANTY 1 Lines Total Total Order Quantity 1.00 Subtotal 20,937.50 Taxes 0.00 Total 20,937.50 AEST Fire&Safety 304 N Wilkinson Dr Laurinburg, NC 28352 +19105064060 Sales@aestsafety.net www.AESTSafety.com IEstimate ADDRESS SHIP TO ESTIMATE# 25-2132 Monroe County Fire Rescue Fire Station 11 DATE 11/03/2025 490 63rd Street Ocean 22352 Overseas Hwy Suite#160 Cudjoe Key FL 33042 Marathon, Florida 33050 Ready Rack;Smart-Wash 881b Extractor -Compact SW88-1 ph 1 31,215.00 31,215.00T 208-2400 Phase-NFPA1851 Compliant footprint with a wide 180 door swing for easy loading and unloading -Six- compartment dispenser accepts both liquid and powder detergent -Compatible with automatic soap injectors for precise chemical dosing - Durable stainless steel drum, tub, and front panel for long-term reliability -Ceramic- coated shaft minimizes friction and extends machine life -7"color touchscreen is user-friendly and fully programmable -Smart operation with quick setup and USB transfer of wash and chemical programs Accommodates 10-12 pieces of gear Lake County (LIST): $32,000 AEST (-8%): $29,440 Freight (+$1,775): $31,215 Circil-Air 551b HD Industrial Hard mount This 55-lb CACHMHD- 1 19,456.00 19,456.00T Extractor capacity HD 55 series hard mount extractor is a great multi- engine station- level extractor. It washes 5 sets of thermal liner/moisture barriers and hoods or 5.5 sets of outer shells (11 pieces of gear).. The expanded pre- programmed wash cycles allow for an ISP-level of cleaning. - Dedicated Fire PPE Wash Cycles as per NFPA-1851 2020 edition - Features the "Circul-Air Fire Package" -Cleans 11 pieces of gear - Industrial grade construction and stainless steel drum for heavy-duty washing -Optimal for larger stations with reinforced flooring available - Easy and ready-to-use installation -2-year warranty Lake County (LIST): $20,736 AEST (-10%): $18,573 Freight (+$883): $19,456 CIRCUL-AIR;60 lb.-6 Set HD Industrial An industrial, CACSHD- 1 24,622.00 24,622.00T Soft Mount Extractor front load 60 extractor pre- programmed for NFPA 1851:2020 requirements. A soft mount design,this machine offers advanced cleaning capabilities while allowing for less restrictive installations compared to hard mount machines. •Meets NFPA 1851:2020 requirements •Pre- programmed with NFPA 1851 ACTMTY DESCRPTION SKU Q-f Y RATE AMOUNI recommended wash cycles -Commercial quality construction and components •208-240V •Ships with SEKO-2 pump and I Gal CitroSqueeze Sample -3-year warranty Lake County (LIST): $26,357 AEST (-10%): $23,721 Freight (+$901): $24,622 SUBTOTAL 75,293.00 TAX 0.00 TOTAL $75,293.00 Accepted By Accepted Date Monroe County Fire Rescue Quotes Recieved for Extractor Purchases Fire Station 11,Cudjoe Fire Station Key Tavernier Total Amount Ten-8 Fire&Safety,LLC $ 18,678.45 $ 18,778.30 $ 37,456.75 MECO-Municipal Equipment Co.,LLC $ 20,937.50 $ 20,937.50 $ 41,875.00 AEST Fire&Safety $ 19,456.00 1 $ 19,528.00 $ 38,984.00 11/10/2025 FIRE SlAII(ON ��G Vii�`�JE�3�J9s�3 Ail.& Original QUOTATION TENFIRE a SAFETY 231060673 11/03/25 1/1 * .,.. ....... ....... ........ . TEN-8 FIRE &SAFETY, LLC C00650 2904 59TH AVENUE DRIVE EAST _....................................................... ................................................. �,u BRADENTON, FL 34203 USA _ .... _.......................... . _ .......... Phone: 800-228-8368 S.L. Fax: 941-756-2598 Higgins,Mark P mhiggins@ten8fire.com Decker,]on jdecker@ten8fire.com ..........._._...................................................._....... ......... ..................................... MONROE COUNTY FIRE RESCUE MONROE COUNTY FIRE RESCUE 7280 OVERSEAS HIGHWAY Fire Station 22,151 Marine Ave,Tavernier FL 33070 MARATHON FL 33050 USA Description Quantity UoM Vendor Price Total CACHMHD-55 Circul-Air HD Industrial 1 EA Circul-Air Corporation 17,778.30 17,778.30 Grade Hard Mount International Extractor 55 LB CAP/ 11 pcs gear CRT-100 CRATING FEES 1 EA Circul-Air Corporation 100.00 100.00 International Shipping: Subtotal: $17,878.30 Freight: $900.00 Total Before Tax: $18,778.30 .......................-,.,__........__.................................................................................................__._..___. ...... Total Tax Amount: $0.00 Total Amount: $ 18,778.30 1 12/03/2025 "If any tax, public charge, tariff or duty, is modified assessed, levied with respect to this sale then the burden of such charge or change shall be borne by the Customer. - please access the link below for our full terms and conditions." All returns must be initiated within 30 days of receipt of product and will be charged a restocking fee.Contact your sales representative to receive a Return Materials Authorization(RMA).Special order parts are not returnable. Full terms and conditions for returns can be found on our website at „,//tI1ia:.l " . f r1i,„rtkg4. y1 MUNICIPAL EQUIPMENT Entered Date Taken By Customer# OrderOt@ #FLORIDA � 408 BIF COURT 11/3/25 CC01 13483 455093-00 ORLANDO,FL 32809 PO# Requested Ship Date Page# PHONE(800)228-8448 11/3/25 1 Bill To Ship To Correspondence To MONROE COUNTY FIRE RESCUE FIRE STATION 22 MUNICIPAL EQUIPMENT CO,LLC ACCOUNTS PAYABLE 151 Marine Ave 408 BIF COURT 490 63rd OCEAN E. EMAIL:sales@mecofiire.com PHONE(800)228-8448 MARATHON,FL 33050 Tavernier,FL 33070 ORLANDO, FL 32809 Instructions Ship Point Via Shipped Terms MUNICIPAL EQUIPMENT-FLORIDA NET 30 DAYS Notes FREIGHT INCLUDED.QUOTE EXPIRES 12/3/25. —PRICING SUBJECT TO CHANGE DUE TO POTENTIAL TARIFFS Line Product and Description UPC Order Shipped Qtty UM Unit Price Price UM Amount(Net) Item Quantity Quantity 1 TS-EX-V6.0 00000 1.00 1.00 each 20,937.50 each 20,937.50 TOXIC SUPPRESSION 60LBS NFPA 1851 PACKAGE INCL,TWO PUMP INJECTOR,5 GAL SAFETY SUDS,5 GAL BACSTOP SANITIZER 10 YEAR WARRANTY 1 Lines Total Total Order Quantity 1.00 Subtotal 20,937.50 Taxes 0.00 Total 20,937.50 AEST Fire &Safety 304 N Wilkinson Dr Laurinburg, NC 28352 +19105064060 Sales@aestsafety.net www.AESTSafety.com Esthmate ADDRESS SHIP TO ESTIMATE# 25-2128 Monroe County Fire Rescue Fire Station 22 DATE 11/03/2025 490 63rd Street Ocean 151 Marine Ave EXPIRATION DATE 12/31/2025 Suite#160 Tavernier FL 33070 Marathon, Florida 33050 ....... .. AUMTY DESC4°MT-PON SKU Q'ry RATE AMOUNT Ready Rack;Smart-Wash 881b Extractor -Compact SW88-1 ph 1 31,150.00 31,150.00T 208-240v/1 Phase-NFPA1851 Compliant footprint with a wide 180 door swing for easy loading and unloading -Six- compartment dispenser accepts both liquid and powder detergent -Compatible with automatic soap injectors for precise chemical dosing - Durable stainless steel drum,tub, and front panel for long-term reliability -Ceramic- coated shaft minimizes friction and extends machine life -7"color touchscreen is user-friendly and fully programmable - Smart operation with quick setup and USB transfer of wash and chemical programs Accommodates 10-12 pieces of gear Lake County (LIST): $32,000 AEST (-8%): $29,440 Freight (+$1,710): $31,150 Circil-Air 551b HD Industrial Hard mount This 55-lb CACHMHD- 1 19,528.00 19,528.00T Extractor capacity HD 55 series hard mount extractor is a great multi- engine station- level extractor. It washes 5 sets of thermal liner/moisture barriers and hoods or 5.5 sets of outer shells (11 pieces of gear).. The expanded pre- programmed wash cycles allow for an ISP-level of cleaning. - Dedicated Fire PPE Wash Cycles as per NFPA-1851 2020 edition - Features the "Circul-Air Fire Package" -Cleans 11 pieces of gear - Industrial grade construction and stainless steel drum for heavy-duty washing -Optimal for larger stations with reinforced flooring available - Easy and ready-to-use installation -2-year warranty Lake County (LIST): $20,736 AEST (-10%): $18,573 Freight (+$955): $19,528 CIRCUL-AIR;60 lb. -6 Set HD Industrial An industrial, CACSHD- 1 24,744.00 24,744.00T Soft Mount Extractor front load 60 extractor pre- programmed for NFPA 1851:2020 requirements. A soft mount design,this machine offers advanced cleaning capabilities while allowing for less restrictive installations compared to hard mount machines. •Meets NFPA 1851:2020 requirements •Pre- programmed with NFPA 1851 recommended wash cycles •Commercial quality construction and components •208-240V •Ships with SEKO-2 pump and 1 Gal CitroSqueeze Sample •3-year warranty Lake County (LIST): $26,357 AEST (-10%): $23,721 Freight (+$1023): $24,744 SUBTOTAL 75,422.00 TAX 0.00 TOTAL $75422.00 Accepted By Accepted Date FORE STATION I I CUDJOE KEY Original QUOTATION TEN- 231060167 11/03/25 1/1 FIRE&SAFETY ......... ........ ......... ......... ........ ........ ......... ............�.,. 2 ._ TEN-8 FIRE &SAFETY, LLC C00650 2904 59TH AVENUE DRIVE EAST �� �..............__.........�.._._._..., .._........................_-__.._..,.�.�.�.�...............�...... BRADENTON, FL 34203 USA .. ...a,,.,,-.,,,.. .. _ ........ .......... .,...................... w_,,,_._,........ Phone: 800-228-8368 5_a_� Ei, it Fax: 941-756-2598 Higgins,Mark P mhiggins@ten8fire.com ,I Decker,]on jdecker@ten8fire.com MONROE COUNTY FIRE RESCUE MONROE COUNTY FIRE RESCUE 7280 OVERSEAS HIGHWAY Fire Station 11,22352 Overseas Hwy,Cudjoe Key FL 33042 MARATHON FL 33050 USA Description Quantity UoM Vendor Price Total CACHMHD-55 Circul-Air HD Industrial 1 EA Circul-Air Corporation 17,778.30 17,778.30 Grade Hard Mount International Extractor 55 LB CAP/11 pcs gear CRT-100 CRATING FEES 1 EA Circul-Air Corporation 100.00 100.00 International Shipping: Ground Subtotal: $17,878.30 Freight: $800.15 Total Before Tax: $18,678.45 ....................................................................................................... �— Total Tax Amount: $0.00 Total Amount: $ 18,678.45 J-: '!: il: 12/03/2025 "If any tax, public charge, tariff or duty, is modified assessed, levied with respect to this sale then the burden of such charge or change shall be borne by the Customer. - please access the link below for our full terms and conditions." All returns must be initiated within 30 days of receipt of product and will be charged a restocking fee.Contact your sales representative to receive a Return Materials Authorization(RMA).Special order parts are not returnable.Full terms and conditions for returns can be found on our website at / Niiilpllj(I�illi�lllllllll(IIIIIIIII! MUNICIPAL EQUIPMENT- Quote FLORIDA Entered Date Taken By Customer# Order# 408 BIF COURT 11/3/25 CC01 13483 455092-00 ORLANDO,FL 32809 PO# Requested Ship Date Page# PHONE(800)228-8448 11/3/25 1 Bill To Ship To Correspondence To MONROE COUNTY FIRE RESCUE FIRE STATION 11 MUNICIPAL EQUIPMENT CO,LLC ACCOUNTS PAYABLE 22352 Overseas Hwy 408 BIF COURT 490 63rd OCEAN E. EMAIL:sales@mecofire.com PHONE(800)228-8448 MARATHON,FL 33050 Cudjoe Key,FL 33042 ORLANDO, FL 32809 Instructions Ship Point Via Shipped Terms MUNICIPAL EQUIPMENT-FLORIDA NET 30 DAYS Notes FREIGHT INCLUDED.QUOTE EXPIRES 12/3/25. —PRICING SUBJECT TO CHANGE DUE TO POTENTIAL TARIFFS Line Product and Description UPC Order Shipped Qty UM Unit Price Price UM Amount(Net) Item Quantity Quantity — -� 1 TS-EX-V6.0 00000 1.00 1.00 each 20,937.50 each 20,937.50 TOXIC SUPPRESSION 60LBS NFPA 1851 PACKAGE INCL.TWO PUMP INJECTOR,5 GAL SAFETY SUDS,5 GAL BACSTOP SANITIZER 10 YEAR WARRANTY 1 Lines Total Total Order Quantity 1.00 Subtotal 20,937.50 Taxes 0.00 Total 20,937.50 AEST Fire&Safety 304 N Wilkinson Dr Laurinburg, NC 28352 +19105064060 Sales@aestsafety.net www.AESTSafety.com IEstimate ADDRESS SHIP TO ESTIMATE# 25-2132 Monroe County Fire Rescue Fire Station 11 DATE 11/03/2025 490 63rd Street Ocean 22352 Overseas Hwy Suite#160 Cudjoe Key FL 33042 Marathon, Florida 33050 Ready Rack;Smart-Wash 881b Extractor -Compact SW88-1 ph 1 31,215.00 31,215.00T 208-2400 Phase-NFPA1851 Compliant footprint with a wide 180 door swing for easy loading and unloading -Six- compartment dispenser accepts both liquid and powder detergent -Compatible with automatic soap injectors for precise chemical dosing - Durable stainless steel drum, tub, and front panel for long-term reliability -Ceramic- coated shaft minimizes friction and extends machine life -7"color touchscreen is user-friendly and fully programmable -Smart operation with quick setup and USB transfer of wash and chemical programs Accommodates 10-12 pieces of gear Lake County (LIST): $32,000 AEST (-8%): $29,440 Freight (+$1,775): $31,215 Circil-Air 551b HD Industrial Hard mount This 55-lb CACHMHD- 1 19,456.00 19,456.00T Extractor capacity HD 55 series hard mount extractor is a great multi- engine station- level extractor. It washes 5 sets of thermal liner/moisture barriers and hoods or 5.5 sets of outer shells (11 pieces of gear).. The expanded pre- programmed wash cycles allow for an ISP-level of cleaning. - Dedicated Fire PPE Wash Cycles as per NFPA-1851 2020 edition - Features the "Circul-Air Fire Package" -Cleans 11 pieces of gear - Industrial grade construction and stainless steel drum for heavy-duty washing -Optimal for larger stations with reinforced flooring available - Easy and ready-to-use installation -2-year warranty Lake County (LIST): $20,736 AEST (-10%): $18,573 Freight (+$883): $19,456 CIRCUL-AIR;60 lb.-6 Set HD Industrial An industrial, CACSHD- 1 24,622.00 24,622.00T Soft Mount Extractor front load 60 extractor pre- programmed for NFPA 1851:2020 requirements. A soft mount design,this machine offers advanced cleaning capabilities while allowing for less restrictive installations compared to hard mount machines. •Meets NFPA 1851:2020 requirements •Pre- programmed with NFPA 1851 ACTMTY DESCRPTION SKU Q-f Y RATE AMOUNI recommended wash cycles -Commercial quality construction and components •208-240V •Ships with SEKO-2 pump and I Gal CitroSqueeze Sample -3-year warranty Lake County (LIST): $26,357 AEST (-10%): $23,721 Freight (+$901): $24,622 SUBTOTAL 75,293.00 TAX 0.00 TOTAL $75,293.00 Accepted By Accepted Date i;4lIII]yJ G G. N1.1" 1.I 1 1 I1A`I"'J l,I Y Nd,�'""d i,\I, ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Management Concepts Contract# Effective Date: Upon Execution Expiration Date: Completion of the Program Contract Purpose/Description: The purpose of this contract is to provide training on the Uniform Administrative Requirements for Federal Grants:2 CFR 200(Subparts E)and FAR 31.2 Management Concepts will deliver this two-day, instructor-led training ensures staff remain compliant with 2 CFR 200 Uniform Grant Guidance requirements Contract is CGZi Agreement Contr Amendment/Extension Renewal Contract Manager: Lynn Gonzalez x4467 gonzalez-lynn@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 14,391.00 Current Year Portion: $ 14,391.00 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the iofal eusprna➢at:ivc arnou.nt is$V 0at,ii6�.0(b air less} Budgeted?Yes❑✓ No❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: 001-06030 SC_00085 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 Department/Office Director/ Signature: Julie E.Cuneo Digitally signed by J1Ah1 E.Go Dade:2026.03.19 13.41..33-04'O6' Assistant Director Donald Townsend, Jr Digitally signed by Donald Townsend,Jr County Attorney Signature: Date:2026.03.1914:04:49-04'00' Gaelan P Jones DigitallysignedbyGaelanPJones Risk Management Signature: Date:2026A32009:15:57-04'00' Bonnie Madrid Digitally signed by Bonnie Madrid Purchasing Signature: Date:2026.03.20 12:19A9-04'00' (email Contractsea inol1roecounty-fl.gov) Digitally signed by Angelica Maleosky OMB Signature: Angelica Malcosky Date:2026.03.20 14:28:15-04'00' (email OMB@monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 ff MANAGEMENTs* ���" PTS March 17, 2026 Quotation#: QUO-36322-B7M8T3-a Lynn Gonzalez Monroe County 1100 Simonton Street Key West, FL 33040 United States Dear Lynn: Management Concepts appreciates the opportunity to provide this quotation to Monroe County in response to your organization's training needs. Our Grants training programs offer the most comprehensive grants management training available, spanning the grants lifecycle from pre-award through grant closeout. Our goal is to provide the federal, pass-through, and recipient workforces with the knowledge and skills they need to improve program and public accountability, efficiency, and outcomes for beneficiaries. In addition,the National Grants Management Association recommends our Grants Management Certificate ProgramTM.We are committed to providing your personnel with the skills they require to ensure your organization is successful. If you have any questions or if I can assist you in any way, please contact me at 703-270-4147 or hp, 2.yCA2,o -2nP..gP.,Q ,q, ,,q, ,u „u ,s,,;,,q,o ,to answer any questions or provide additional information. We look forward to working with you to satisfy your requirements and welcome the opportunity to do so. Sincerely, zi" Lisa Hosay Business Development Manager .......................................................................................................................................................................................................................................................................................................................................................................................................................................................... 823,C)1 ow,I3i,r,a I'11(o I/,on,Corns i,'✓A%,1 ,)I rf88,A)8W4 201��1y ma ir,n ion'I C on(mpfii, ff MANs*A E���"ME T CNCPTS Cost Principles for Federal Grants: 2 CFR Part 200 (Subpart E) and FAR 31.2 t'ouullr e Ill uuunuberm yyyy VL urCd°u y Days I)u°'ii1ulinary IIIDellllilvery II etlho ll�III ristiru ctour pled 11111ve clla�ssir oinn Allhteirinative III:toIlluloicry III" eVhu ds:Illurusruruc oir lllIed onllliiline( yurmcllhiroinou� ) Course Description Develop a comprehensive understanding of cost principles around grants, including allowable costs and the difference between direct and indirect costs. You will learn how to use the principles throughout the grants lifecycle: budget development and review, spending decisions, and site visits and desk reviews or audits.This is a core course in all tracks of the GMCPT" Courser i Objectives • Summarize the general history of the cost principles and how they currently apply • Conduct research using the cost principles to answer cost allowability questions • Practice applying the cost principles to on-the-job scenarios Courseii l Features • Producer Support • Technical Support Team • Extended Learning Bursts • Dedicated In-House Accessibility/Section 508 Compliance • Student Resource Guides All details about the Additional Features are available on this page. Click here to Explore Coursel DAY ONE MORNING Introductions and Course Administration Module 1: Development and Applicability of the Cost Principles Module 2: Basic Concepts LUNCH AFTERNOON Module 2: Basic Concepts,continued DAY TWO MORNING Module 2: Basic Concepts Module 3: Using and Applying the Cost Principles on the Job LUNCH .......................................................................................................................................................................................................................................................................................................................................................................................................................................................... 823,0 1 r w,hing I'i1m I/,on,Corns i,VA%,1"')1 rf88,A)8W4 20 N 1\V'm 1 1r,n un1 r on(mpfii, ff MANs*A E���"ME T CNCPTS AFTERNOON Module 3: Using and Applying the Cost Principles on the Job, continued Exa m Learning Lecture,discussion, hands-on practical exercises,case studies,and final exam. Credits National Association of State Boards of Accountancy (NASBA) • Field of Study:Specialized Knowledge • Level: Intermediate • CPEs: 16 Professional Development Units (PDUs) • Credits: 14 Continuous Learning Points (CLPs) • Credits: 16 Management Concepts Certificate Program I i n i This is a core course in the following program(s): • GMCP Federal Track • GMCP Pass-Thrr 2&h Track • GMCP Recipient Track Prerequisites Suggested • Uniform Administrative Re uirements for Federal Grants: 2 CFR 200 Sub arts A throu h D Prework There is no prework required for this course. Requirements r Successful Completion Full (100%)attendance is expected and required.Successful completion of the course depends on full class attendance and active participation in individual and group exercises. The final exam must be completed with a grade of 70%or higher. IIResources • Advanced Cost Princi les:Avoidin Problem Areas Res ondin 'to Ciuestioned Costs • Develooina& Monitorinf Indirect/FAA Cosa Rate Proposals Under 2 CFR 200 .......................................................................................................................................................................................................................................................................................................................................................................................................................................................... 823,0 1 r,(a„hing I'i1(o I/,,on,Corns i,V/h%,1 ,)1 rf88,A)8W4 20 N 1\V'm 1 1r,n un1 C r,ni,r,l,fii, ff MANs*A E���"ME T CNCPTS QUOTATION Course • Location Price for Participants(days) Date Date Up to 14 Cost Principles for Federal Grants: 2 CFR 200(Subpart E) 2 To be mutually agreed Key West, FL $14,391 and FAR 31.2 upon Course#2080 The above pricing is contingent on your organization providing a facility, at its own cost,within the continental United States.All prices include: • Course materials for each participant • Shipping of course materials • Attendance sheets and evaluation forms • A course evaluation summary • Training certificates upon successful completion of a course Our pricing is also contingent on your organization providing: • An appropriate, comfortable training facility that is suitable for professional adult learning and is arranged in table group style that will accommodate the class size you have ordered • A head table, podium,and chair for the instructor • A whiteboard with dry-erase markers and eraser • A flipchart easel, pad, and markers • An instructor computer with Microsoft Office® (version 2007 or later), LCD projector, and screen for a PowerPoint' (version 2007 or later) presentation TERMS AND CONDITIONS • Instructor travel and accommodation expenses are included in the quoted price. • By ordering a Management Concepts course or training service,you agree and acknowledge that U.S. and international copyright laws protect Management Concepts training materials, and that Management Concepts will retain copyright and ownership of course content.You also agree and acknowledge that you will receive no rights or license to such content and you cannot reproduce, distribute, make derivative works of, or publicly display/perform such materials. Further,you agree that you will not use the content, including but not limited to the concepts and ideas expressed in them,to create competing products/services. • Audio/videotaping or other recording of the course presentation is prohibited. • Quoted price is valid for 90 days.After 90 days, Management Concepts reserves the right to adjust the quote or terms if you have not issued an order for the course by that time. • Course delivery date is subject to the mutual agreement of Management Concepts and you. You agree, however,that class delivery will occur no later than March 17, 2027. • To ensure any disability or special learning need is appropriately addressed, Management Concepts requires notice of either at least 14 calendar days prior to the start of the class. CLASS SIZE • You may change the ordered number of students up until 14 calendar days prior to the start of a course. • Confirmation of the final number of ordered students must be provided to Management Concepts in writing no later than 14 calendar days before a class begins. .......................................................................................................................................................................................................................................................................................................................................................................................................................................................... 823,C)1 ow,I3ing I'11m I/,on,Corns i,VA";,1 ,1 I rf88,A)8W4 201��1y ma ir,n ion'I Con(;opfii, ff MANs*A E���"ME T CNCPTS • Payment for a course will be based on the confirmed number of ordered students,or actual number of students who attend,whichever is greater. PAYMENT • We accept the following forms of payment: credit card (American Express,VISA, MasterCard);government purchase card; check;fully executed purchase order;fully- executed government training form; or a letter of authorization to bill your organization. • Payment terms: Net 30 Days. • An order for the course must be received at least 30 days prior to the scheduled delivery date. CANCELING AND RESCHEDULING TERMS • Classes started but not completed due to inclement weather will be invoiced and payable in full at the agreed price plus any costs incurred for delivering make-up days(including instructor fees and travel costs). • Any revisions to the above policy shall be deemed an "Open Market Cancellation and Rescheduling Policy"and are subject to the mutual agreement of Management Concepts and the ordering entity. ConceptsManagement . .. SAM Management Concepts is registered in SAM and the company's Online Representations and Certifications Application(ORCA) records are current. CAGE 5J 639 DUNS 082355652 UEI C2R2ML1DWXW6 Digitally signed by Christine Christine Hurley N1,—,C—ty A=,,,, H u rl e Date:2026.03.23 am,. d r,,,,�,a d s mdea sn ,y Y 08:39:19-04'00' /vr..2u✓��rwr^aati�.e�,� 1loni ld T cnd,J, hn�s'C'u hlrh,�,r A 1 rc „pAft, y Ilk)i i,')r I r x)unly naW:Mar 17,2026,3:24rm Adrn'1 n1:Iral�oi, .......................................................................................................................................................................................................................................................................................................................................................................................................................................................... 8 23,0 1 r,aar,IIiir,a I IiIm I/,o I I,Cormf I,=✓A'12 1 ,1 M,8„A„, I, 4 011f I\4,;,ils�oii)onI Cc u,I,fs Addendum Monroe County Contract Terms and Conditions The Monroe County Board of County Commissioners (herein after``County') and Management Concepts (herein after"Contractor") agree as set forth below. The County and Contractor hereby enter into this addendum to any Agreement, Proposal/Quote or Estimate offered by CONTRACTOR for good or services to be provided(herein after referred to as"Agreementi') and agrees to the following: This Agreement includes and incorporates the Contractor's Agreement, Proposal/Quote, Terms and Conditions as application and this Addendum. To the extent that any terms conflict, the language as set forth in this Addendum shall supersede any other terms and shall be binding. The terms and conditions as set forth below are imposed in accordance with Florida Law and Monroe County Code. Payment: Payment will be made in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statutes. Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act. Contractor shall submit to the County invoices with Supporting documentation that are acceptable to the Monroe County Clerk of Court and Comptroller (Clerk). Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. If the Agreement is a multi-year agreement, the County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. This Agreement shall not exceed $100,000.00 unless it is approved by the Monroe County Board of County Commissioners. Any automatic renewal is subject to a not to exceed amount of$100,000.00 unless the Monroe County Board of County Commissioners gives prior approval of an agreement more than $100,000.00. In accordance with Monroe County Code Sec. 2-58,the County Administrator is authorized to sign agreements when the total cumulative value of the contract does not exceed$100,000.00. The County reserves all rights available to recuperate 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. Termination: The County may terminate this Agreement for cause should Contractor fail to perform. Prior to termination for cause,the County shall provide Contractor with seven(7)calendar days' 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, County shall pay Contractor the sum due 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 County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement,County shall pay Contractor the sum due prior to termination, unless the cost of completion of the remaining work under the Agreement exceeds the funds remaining in the contract. Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to 1 performance under this Agreement in accordance with generally accepted accounting principles consistently applied. 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 five years following the termination of this Agreement. If an auditor employed by the County or the determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. 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 of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body the 16th Judicial Circuit in and for Monroe County,Florida. This Agreement shall not be subject to arbitration. Attorney's Fees and Costs: The Parties 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-pre prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 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. Nondiscrimination: 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 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 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 s. 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 s. 12101 Note), as maybe amended from time to time,relating to nondiscrimination 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; 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. 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 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 Contractor. Failure of 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 2 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. Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with Chapter 119,Florida Statutes. Sovereign Immunity and Non-Waiver of Immunity: The County s indemnification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida Statutes. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Contractor 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. 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; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement 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 tbird-parry 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. 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. Statutory Requirements and Notices relating to Unauthorized Employment and Subcontracts: E-Verify System: In accordance with F.S. 448.095, Any Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's F;-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 GVerify system to verify the work authorization status of all new employees hired by the subcontractor during the Agreement term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. Contractor shall comply with and be subject to the provisions of F.S. 448.095 Convicted Discriminatory or Antitrust Violator Vendor List: Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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 submitbids,proposals,or replies on leases 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 provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 3 Discriminatory Vendors. 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 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. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid,proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid,proposal, or reply on any 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 leases 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 a public entity; and may not transact new business with a public entity. Notification. The Contractor shall notify County if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Development, at(850)487-0915. Scrutinized Companies: Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for more than one million dollars, the Contractor certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135,F.S. Pursuant to section 287.135,F.S., the Department may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification;or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. Disclosure of Gifts from Foreign Sources: if the value of the grant under this Agreement is $100,000 or more, Contractor shall disclose to County any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101,F.S., if such interest, contract, or grant or gift has a value of$50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable,the date of termination of the contract or interest,the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Contractor must also provide a copy of such disclosure to the State of Florida Department of Financial Services. Suspended Person/Business Entity Sec. 2-347(l),Monroe County Code: In accordance with Monroe County Code Sec. 2-347(1), the Contractor hereby swears and affirms that it is not a suspended person or business entity. The employment of a suspended person/business entity is a material breach of the county/contractor contract and entities the County, in its discretion, to tenninate the contract with no further liability to the Contractor 4 beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination. Misrepresentation and Omission of Information submitted in competitive solicitation/Section 2-347(h), Monroe County Code: If Contractor misrepresents or omits information provided in accordance with Sec. 2- 347(h), the board of county commissioners may, in its discretion, terminate the contract with no liability to the county other than to pay the contract price or unit price for work that is satisfactorily completed and useful to the county up to the date of the meeting of the board of county commissioners terminating the contract. Indemnification&Hold Harmless: Notwithstanding any minimum 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 from and against any claims, actions or causes of action, 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 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 the 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 the Contractor or any of its employees, agents, sub-contractors or other invitees; or (C)the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement. This section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. INSURANCE: The Contractor shall maintain the following required insurance throughout the entire term of this Agreement and any extensions as set forth below. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend any deadlines specified in this Agreement and Contractor shall indemnify the County for any and all increased expenses resulting from such delays. NGeneral Liability Insurance: Amount: minimum limits of$500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person$500,000 per occurrence $50,000 property damage. N Professional Liability Insurance Amount: $ 1 , 000 , 000 NVehicle Liability Insurance Amount: $ 1 , 000 , 000_ NWorkers Compensation Insurance Amount: Statutory Requirements NCyber Liability Insurance: Amount: $ 2 , 000 , 000 Contractor shall provide to the County satisfactory evidence of the required insurance, including the insurance policy application and either: • Original Certificate of Insurance, OR • Certified copy of the actual insurance policy, OR 5 • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Galen Jones at (305) 292-3470 for details (Certificates can be e-mailed directly from the insurance agency to: Jones-Gaelan@MonroeCounty-Fl.gov— The Insurance policy must state that the Monroe County BOCC is the Certificate Holder and Additional Insured for General Liability, Professional Liability, Vehicle Liability and Cyber Liability, as applicable. Insurance requirements can only be altered by written waiver by the County's Risk Management. COUNTY FORMS: By signing this Agreement, Contractor has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Vendor Certification Regarding Scrutinized Companies List and Affidavit Attesting To Noncoercive Conduct For Labor Or Services as set forth in more detail in this Agreement. PUBLIC ENTITY CRIME STATEMENT: Contractor certifies and agrees that Contractor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 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. 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 contracts 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 replys on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, Contractor or subcontractor 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 County'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 formally charged with committing an act defined as a"public entity crime"regardless of 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. ETHICS CLAUSE: By signing this Agreement, Contractor warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. 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 from the Agreement 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. 6 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS: Contractor agrees and certifies compliance with the following: Section 287.135,Florida Statutes prohibits a Contractor 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 Contractor 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 Contractor from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, if the Contractor/company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Lists which were created pursuant to s. 215.473,Florida Statutes, or is engaged in business operations in Cuba or Syria and is not on the State Board of Administration's"Scrutinized List of Prohibited Companies"available under the quarterly reports section at httt s://www.sbaflA.com/redo_ rtingl. As the person authorized to sign on behalf of Contractor,I hereby certify that the Contractor identified above 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 List, or engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Contractor 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 Contractor 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 List or been engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. Note: The List are available at the following Department of Management Services Site: http://www,dms.myflorida,corrr/business operations/state purchasing/vendor information/convicte �l �t q1� mil. s rim ,q y c�r pll _t,� v�dgr lists NON-COLLUSION AFFIDAVIT: Contractor by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of Contractor, the bidder making the Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority to do so;the prices in this bid 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 bidder or with any competitor; unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly,to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person,partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition;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 affidavit in awarding contracts for said project. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES: CONTRACTOR is required to provide an affidavit under penalty of perjury attesting that CONTRACTOR 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 7 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 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 1I of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of CONTRACTOR,I certify under penalties of perjury that CONTRACTOR does not use coercion for labor or services in accordance with Section 787.06. Additionally, CONTRACTOR has reviewed Section 787.06,Florida Statutes, and agrees to abide by same. COMMON CARRIER OR CONTRACTOR CARRIER ATTESTATION FORM: If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes, then Contractor hereby certifies and declares on my oath and under penalty of perjury that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention,removal, or departure of the person from this state or the United States. FOREIGN COUNTRY OF CONCERN ATTESTATION (only applicable if PII access is granted): If Contractor will be granted access to an individual's Personal Identifying Information(PII) in accordance with F.S. 287.138, Contractor's officer or representative declares under penalty of perjury that Contractor is not owned by the government of a Foreign Country of Concern as defined in Section 287.138, Florida Statutes, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern as defined in Section 692.201,Florida Statutes, and the government of a Foreign Country of Concern does not have Controlling Interest in the entity/Contractor. As applicable, Contractor is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204,Florida Statutes. The statements contained herein are true and correct and made with full knowledge that Monroe County relies upon the truth of the statements contained herein and in awarding contracts for said project. Contractor Signature General Counsel & Corp. Sec. Title 3/11/2026 Date Monroe County Auomey Approved/as to Form And Legal Sufficiency Donald Townsend,Jr. Assistant County Attorney Date:Mar 17,2026,2:32 pm 8 DATE I MMADD/YYY'Y) CERTIFICATE OF' LIABILITY INSURANCE 311912026 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 pollicy, certain pollicies may requlire an endorsement. A statement on this certificate does not confer,rights to the certifiicate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Holly Dhankhar The Baldwin Group Mid-Atlantic LLC PHONE FAX 20 South King Street AIC No,Ext: 703-777 2341 AC INe:703 771-1.852 Leesburg VA 20175 Alas RIEss: haply-dlhankhar baldwrin.com IINSURERISI AFFORDING COVERAGIE INAIC# License#:CA#0658748 INSURER A: Berkley Reglianal Insurance Co 29580 INSURED MANAGOND2 INSURER B: Riiverport Insurance Company 36684 Management Concepts, Inc. 8230,Leesburg Pike, Suite€I00 INSURER c:Cantiinental Casualty Company 20443 Tyson Corner VA 22182 INSURER D:Travelers Casualty&Surety Co 311194 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:1421658970 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 WWHICHi,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. INiSR i POUCY EFIF POLICY EXP LTR TYPIE OF INSURANCE INSD WVD POUCYNUMBER MIMiDDYYYY MWDDNYYY LIMITS A X CGMMRERCIALGIENERAILLI,AIBILFTY' Y TCP7008792 711A2025 71112026 EACH,aCCURRENGE: $1,6170,D00 CLAIMS-MADE OCCUR PREMISES Ea occun�rce $3D'U,UUU MIED EXP(Anyone peTson) $15,0UU PERSONAL&ADV INJURY $1,000,DU0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,DOU POLICY PRESECT- � LOG PRODUCTS-COMIPN3PAGG $2,000,000 OTHER: $ A AUTOIMOIBILELIABILITY Y TCP 7008792 71112025 71112026 COMBINED SINGLE LIMIT $1,000,000 Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HI RED NON OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (P.'.. Per accident $ A X UMBRELLA ILIAB X OCCUR TCP 70UB792 71112025 71112026 EACH OCCURRENCE, $10,000,000 EXCESS LIAR CLAIMS:-MADE AGGREGATE $10,000,000 LIED I X I RETENTION $ B WORKERS COMPENSATION TWC7QUB793 711/2025 71112026 X, PER OTH- AM EMPLOYERS'LIABILITY EMPLOYER "LIABILITY Y 1 N STATUTE ER ANYPROPRIETORIPARTNERIEXEGUT1— E L.EACH ACCIDENT $1,000,D00 OFFICERJMEMBEREXCLUDED? I N I NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,DOU 11 yes,describe uinder DESCRIPTION OF OPERATIONS beam E.L.DISEASE-POLICY LIMIT $1,000,UU0 C Ernars and Omissions 5096528121 711/2025 71112026 $11000000 D GyberLiiabiility 107662466 711/2025 71112026 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEIHIC LES IACORD 101,Additional Remarks Schedule,may be attached if more space is requiited) Mloniroe County BOCC is an additional insured it/when required by written contract subject to the terms,conditions and exclusions of the policy as respects to General ILiatliliuty and Auto Liability. APPROVED BY KI$A MANA13tMENT BY I ('.) WAI ERNIAX YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NO-nCE WILL IBE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE.POLICY PROVISIONS. Office of Purchasing &Administrative Oversight Attn: Galen Jones 1100 Simonton Street, Suite 2-213 AlrrHrrRl�FrIIRFpRIFCFWTArIVF Key West, FL 33-040 ( 19,88-20115 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logic are registered marks of ACORD VK')Nll1&.tl COMM iSS� OTNdFR II' IlRC]iAS[Pltal IIi'u;D>wWKN MAN 'M, ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: PlayCore Wisconsin d/b/Contract# Effective Date. TBD Expiration Date: 12/30/2026 Contract Purpose/Description: Purchase and installation of new playground equipment at the children's playground at Harry Harris Park in Tavernier. Contract <riginal Agreement, ontract Amendment/Extension Renewal Contract Manager: Breanne Erickson X4427 erickson-breanne@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 61,066.14 Current Year Portion: $ 61,066.14 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the total cumulative amount is$100,00.00 or Tess) Budgeted?Yes❑✓ No❑ Grant: $ 61,066.14 County Match: $ N/A Fund/Cost Center/Spend Category: 121-71060(TDC Grant)SC_00062 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES R NO ❑ CONTRACT REVIEW Reviewer Department/Office Director/ Signature: William DesantisF Assistant Director Joseph X. DiNovo Digitally signed by Joseph X.DiNovo County Attorney Signature: Date:2026.03.1114:31 48-04'00' Jaclyn Flatt Digitally signed by Jaclyn Flatt Risk Management Signature: Date:2026.03.130822.15-04'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.03.18 11:59 22-04'00' (email contracts(amonroecounty-fl.gov) Angelica Malcosky Digitally signed by Angelica Malcosky OMB Signature: Date:2026.03.18 14:23.49-04'00' (email OMBCmonroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 AGREEMENT FOR PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT HARRY HARRIS PARK This Agreement ("Agreement's made and entered into this 19th day of March 2026, by and between Monroe County, a political subdivision of the State of Florida, the address of which is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY,"through the Monroe County Board of County Commissioners ("BOCC" or"Board"), AND PlayCore Wisconsin, Inc. d/b/a GameTime, a Foreign-for-Profit Corporation, authorized to do business in the State of Florida, the principal address of which is 544 Chestnut Street, Chattanooga, Tennessee 37402, its successors and assigns, hereinafter referred to as "GameTime" or "CONTRACTOR", WITNESSETH: WHEREAS, the COUNTY owns and maintains the Harry Harris Park located at 50 East Beach Road,Tavernier, Florida, hereinafter referred to as "PARK" and there is an area of the PARK which has been designated as a Children's Playground area. WHEREAS, the COUNTY has dosed the Children's Playground area of the PARK due to significant rusting and structural deterioration of the existing equipment necessitating the replacement and installation of new playground equipment that will improve the use and enjoyment of the PARK by Monroe County residents and tourists visiting the Tavernier area;and WHEREAS, CONTRACTOR has the ability and inventory to provide a selection of new and innovative playground equipment for installation at the PARK to achieve the objectives sought by the COUNTY,which shall collectively be referred to as the"Project"; and WHEREAS, this Agreement will be utilizing cooperative purchasing and pricing under a competitively bid solicitation by the City of Charlotte, North Carolina, a North Carolina municipal corporation, dated January 25, 2017, for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services. The City of Charlotte subsequently entered into Contract No. 2017001134, as amended, with PlayCore Wisconsin, Inc., d/b/a GameTime,effective July 1,2017,to June 30,2026;and WHEREAS, the City of Charlotte, on behalf of itself and other states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non-profit organizations, hereinafter referred to as "Participating Public Agencies," competitively solicited and awarded the Contract to PlayCore Wisconsin, Inc., d/b/a GameTime and entered into Contract No. 2017001134, with the City of Charlotte acting as the "Contracting Agent" for the Participating Public Agencies, hereinafter "City of Charlotte Contract 1 No. 2017001134." The City of Charlotte Contract contemplates that GamcTimc shall thereafter negotiate and contract with each Participating Public Agency concerning the placement of its own orders, purchase, contracting, payment, and all other matters related to its access to the underlying Contract No. 2017001134 and any subsequent contract entered into between the COUNTY and CONTRACTOR;and WHEREAS, Contract No. 2017001134 between the City of Charlotte and GameTime became effective on July 1, 2017, and was recently renewed in Amendment No. 14, with a current expiration date of June 30,2026,with no remaining options for extension;and WHEREAS, the COUNTY as a Participating Public Agency is registered as a participant and assigned Ornnia Partners membership number 5322446, which allows it to access the reduced pricing and purchase under City of Charlotte Contract No. 2017001134;and WHEREAS, tinder said City of Charlotte Contract No. 2017001134, a National Network of Distributors and Installers are assigned to certain sales territories by states as shown on Exhibit C to City of Charlotte Contract No. 2017001134;and WHEREAS, GameTime, through Dominica Recreation Products, Inc., a National Distributor and Installer,is assigned the territories of Florida,Georgia,and'I'enriessee; and WHEREAS, t h e COUNTY and CONTRACTOR find this Agreement to be mutually beneficial and desire to enter into a contract. 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, the COUNTY and the CONTRACTOR agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, the CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as the CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied. 1.1.2 If applicable, the CONTRACTOR has become familiar with the site(s) and the local conditions under which the Project is to be completed. 2 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that it 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 warrants that the documents prepared as a part of thds 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. 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to its performance and those directly under its employment. 1.1.5 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 services pursuant to this Agreement, the CONTRACTOR shall abide by A 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 tl-.ds Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.6 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 its employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 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. ARTICLE 11 SCOPE OF BASIC SERVICES 2.1 DEFINITION The CONTRACTOR'S Quote/Scope of Basic Services including an itemized list of equipment and services is described in Exhibit "A" attached hereto and made a part hereof. The CONTRACTOR shall commence work on the services provided for in this Agreement t)rom-Ddv unon its receipt of a written notice to nroceed from the,COUNTY. 2.2 NOTICE REQUIREMENT All written notices or correspondence given pursuant to this Agreement shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by commercial delivery set-vice with proof of delivery. Notice is deemed received by CONTRACTOR when 3 hand delivered by commercial delivery service with proof of delivery or by U.S. Mail upon verified receipt Or uPOr'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 the COUNTY: William DeSantis Director of Facilities &Project Management Monroe County BOCC 1100 Simonton Street, Suite 2-216 Key West,Florida 33040 And Office of Monroe County Attorney 1111 12th Street,Suite 408 Key West,Florida 33040 For the CONTRACTOR: GameTime/Don-iinica Recreation Products,Inc. Attention: Rob Dominica 632 Florida Central Parkway Longwood,Florida 32750 ARTICLE 111 ADDITIONAL PRODUCTS AND SERVICES 3.1 Additional products and services are those products and services not included in the Article II Scope of Basic Services and set forth in Exhibit "A". Should the COUNTY require additional products or services they shall be paid for by the COUNTY at pricing, rates or fees negotiated at the time when services are required,in accordance with the City of Charlotte Contract No. 2017001134 cooperative purchasing pricing in effect at the time when products and services are required, but only if approved by the COUNTY before corrimencement. 3.2 If additional services are required, the COUNTY shall issue a letter requesting and describing the requested products and services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal, in accordance with the competitive pricing under the City of Charlotte Contract No. 2017001134, to provide the requested products arid/or to perform the requested services. Only after receiving an amendment to the Agreement and a Notice to Proceed from the COUNTY, shall the CONTRACTOR proceed with the additional services. Any additional services must be funded and approved by the Board of County Commissioners. 4 ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide complete and accurate information and cooperation regarding requirements for the Project including access to office accommodations, facilities, equipment, county staff assistance and cooperation,and complete and accurate data. 4.2 The COUNTY shall designate a representative to act on the COUNTYS behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to a 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 and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- confori-nance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.2. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of other contractors. 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 as, and if, modified. No review of such information or documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary information of documents required to complete the work. 4.7 Any information that may be of assistance to the CONTRACTOR to which the COUNTY has immediate access will be provided as requested. ARTICLE HOLD HA RMLESS ARMLESS.,AND DEFENSE , ------ 5.1 The CONTRACTOR covenants and agrees to indemnify, hold harmless, and defend the 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 negligence, recklessness, or 5 intentional wrongful conduct of the CONTRACTOR, subcontractor(s) and other persons employed or utilized by the CONTRACTOR in the performance of the contract. 5.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. 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 it shall hold the COUN`J`Y harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 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 t h e COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR will hold the COUNTY harmless and shall indemnifv it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The amour-it and type of insurance coverage requirements set forth herein will in no way be construed as litniting the scope of the indernmity in thus A r t 1 c 1 e . The scope of this indemnification does not extend to the sole negligence of the COUNTY. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications for Services provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that it shall hold the COUNTY harmless and shall indemnify the COUNTY from all losses occurring thereby and shall further defend anv claim or action on the COUNTY'S behalf. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PLRSQNNEL 6.1 PERSONNEL The CONTRACTOR sliaH assign only qualified personnel to perform any service concerning the Project. During the term of this Agreement, it is anticipated that numerous personnel will be assigned to perform the various functions, as established by the CONTRACTOR,to fulfill the Scope of Work. The CONTRACTOR agrees that it has conducted or will conduct background checks on personnel as required by the underlying City of Charlotte Contract No. 2017001134, and also pursuant to any statutes or provisions of Florida law that may be applicable to its Services in the PAM<- 6 ARTICLE VII COMPENSATION. PAYMENTS.BUDGET and TERM 7.1 COMPENSATION BASED ON SPECIFIED RATES 7.1.1 The COUNTY shall pay the CONTRACTOR in accordance with Exhibit "A" in current funds for the CONTRACTOR'S performance of services under this Agreement based on the competitively bid pricing outlined in Exhibit "A". The Total Estimated Not to Exceed Amount of Sixty-One Thousand, Sixty-Six and 14/100 ($61,066.14) Dollars will apply to this Agreement. 7.2 PAYMENTS 7.2.1 For its assumption and performances of dic duties, obligations, and responsibilities set forth herein,the CONTRACTOR shall be paid monthly, or as proper documentation is submitted for payment in accordance with Exhibit "A." Payment will be made pursuant to the Local Government Prompt Payment Act(Section 218.735,Florida Statutes). (A) If the CONTRACTOR'S duties, obligations, and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward. (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to the COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder, if such expenses are allowable. 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 the COUNTY may require and is acceptable to the Office of Monroe County Clerk and Comptroller ("County Clerk") based on generally accepted accounting principles and such laws, rules and regulations as may govern the County Clerk's disbursal of funds. The payment of invoices under this Agreement shall be in accordance with the practices and procedures as adopted by the County Clerk. The COUNTY' is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the COUNTY upon request. 7.3 BUDGET AND REIMBURSABLE 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 budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY'S Board of County Commissioners. 7 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 will be incurred by the CONTRACTOR to be paid by the COUNTY under this Agreement as per the agreement of the COUNTY and CONTRACTOR. 7.4 TERM OF AGREEMENT 19 7.4.1 The initial term of this Agreement shall be from March arch,,__IT 2026, and terminating on December 30,2026. This Agreement may be extended upon mutual agreement of the parties provided that Contract No. 2017001134 has been likewise extended and the date to which this Agreement has been extended is not beyond the expiration date prescribed in Contract No. 2017001134(as amended). This Agreement may be renewed after the initial term in accordance with the term of the City of Charlotte Contract No. 2017001134, as amended, which said current term is effective from July 1, 2017, through June 30, 2026. Any renewal of this Agreement must be in writing and signed by both the COUNTY and CONTRACTOR. ARTICLE VIII INSURANCE 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all tunes 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 VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The CONTRACTOR shall provide sixty (60) days' written 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 The CONTRACTOR shall obtain and maintain the following policies: 8.3.1 Workers' Compensation Insurance as required by the State of Florida, sufficient to respond to Chapter 440,Florida Statutes. 8.3.2 Employers Liability Insurance with limits of $100,000 each Accident, $500,000 Disease, policy limits,$100,000 Disease each employee. 8.3.3 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 hired or non-owned vehicles, 8 with $200,000 per person, $300,000 per Occurrence, $200,000 Property Damage, or $300,000 combined single limit. 8.3.4 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 or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Limited Contractual Lability Endorsement with a$500,000 Combined Single Lin-nit. 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 forty-eight (48) months following the termination or expiration of this contract. 8.4 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of the CONTRACTOR, if so required by the COUNTY during the term of this Agreement. The COUNTY will not pay for increased hi-nits of insurance for subcontractors. 8.5 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. 8.6 As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at its/his/her own expense, insurance as specified herein. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. Alternatively, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the provisions of this Agreement. The CONTRACTOR will not be Permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the 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 imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedu]cs. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and f a i I u r e to perform assessments 9 shall be imposed as if the work had not been suspended, except for the CONTRACTOR'S failure to maintain the required insurance. The CONTRACTOR will be held responsible for all deductibles and self-insured retentions that may be contained in the CONTRACTOR'S Insurance policies. The CONTRACTOR shall provide to the COUNTY, as satisfactory evidence of the required insurance, • Certificate of Insurance • Or a Certified copy of the actual insurance policy The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance policies, including all amendments, endorsements, exclusions or changes to the policy required by this contract. The CONTRACTOR agrees that the insurance policies shall not be subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the COUNTY by the insurer. The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" with respect to CONTRACTOR'S liabilities hereunder in insurance coverages identified in Subparagraph 8.3.3 and Subparagraph 8.3.4. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County Risk Management Department. 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. 10 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 Commlissioners for Monroe County and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the BOCC may deem necessary. Except that CONTRACTOR shall have the full ability to transfer or assign this Agreement to the surviving entity in a merger or consolidation or to a purchaser of all or substantially all of its assets without the written consent of the COUNTY. 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 9.4.1 In the event that the CONTRACTOR shall be found to be negligent in any aspect of the service, the COUNTY shall have the right to terminate this Agreement after five (5) calendar days' written notification to the CONTRACTOR. 9.4.2 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. 9.4.3 Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with thirty (30) 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, the COUNTY shall pay the 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 the 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 COUN IY's False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. Tern-jination for Convenience: The COUNTY may terrninate this Agreement for convenience, at any time, upon sixty (60) 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 11 tcri-nination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to the CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all tights 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 COUNfY'S False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. 9.4.4 For contracts of any amount, if the COUNTY determines that the CONTRACTOR 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 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. 9.4.5 For contracts of $1,000,000 or more: a) If the County determines that the CONTRACTOR/CONSULTANT.subntted,,i false certification under Subsection 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 opportuiity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes,are met. b) If the CONTRACTOR/CONSULTANT has been placed on the Scrutinized Companies with.Activities in the Sudan List, or if the CONTRACTOR/CONSULTANThas been placed on a Est created pursuant to Subsection 215.473, Florida Statutes relating to scrutinized active business operations in Iran, or has 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 COUNJY'S option, if the conditions of Subsection 287.135(4),Florida Statutes,are met. 9.5 CONTRACT DOCUMENTS This contract consists of the City of Charlotte's Request for Proposals (RFP), any addenda, the Form of Agreement (City of Charlotte Contract No. 2017001134), the CONTRACTOR'S response to the RFP, the documents referred to in the Form of Agreement (City of Charlotte Contract No. 2017001134 as amended) as a part of this Agreement, Exhibits "A" and"B" attached hereto, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.6 PUBLIC ENTITIES CRIMES 12 A person or affiliate who has been placed on the convicted vendor Est following a conviction for public entity crime may not submit a bid, proposal, or reply on 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 leases 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 ATEGORY TWO for a period amount provided in Section 287.017, Florida Statutes, for C of thirty-six (30) months from the date of being placed on the convicted vendor list. By signing this Agreement, the 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 the COUNTY's competitive procurement activities. In addition to the foregoing, the 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 formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether the CONTRACTOR has been placed on the convicted vendor list. The CONTRACTOR will promptly notify the COUNTY if it or any subcontractor has been formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.7 MAINTENANCE OF RECORDS The 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 ',r L), agrert]gnt�.' cs,-L _glL __ _ .9-1—........................................... � U! .4, 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. 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); backchargc logs and supporting documentation; general ledger entries detailing cash and trade discounts earned,insurance rebates and dividends;any 13 other supporting evidence deemed necessary by the Owner or by the County Clerk to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in the 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 the Owner or the County Clerk. The 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 the 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 R�'gl)t to Audit provisions survive the termination or expiration of this Agreement. 11 9.8 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 of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in 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. 9.9 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. 9.10 ATT ORNEY'S FEES AND COSTS 14 The COtJN'lY 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. 9.11 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and the CONTRACTOR and their respective legal representatives,successors,and assigns. 9.12 AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by A necessary County and corporate action,as required by law. 9.13 CLAIMS FOR FEDERAL OR STATE AID The CONTRACTOR and the 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 effect the Project Will be provided to each Party. 9.14 ADJUDICATION OF DISPUTES OR DISAGREEMENTS The COUNTY and the 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 shalt have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 9.4, 9.6, 9.7, 9.16,9,19, 9.20,9.21,9.30 and 9.32 concerning termination or cancellation. 9.15 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, the COUNTY and the 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 the CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.16 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 15 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 VIT of the Civil Rights Act of 1964 (PL 88-352),which prohibits 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 55 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, 5Q 523 and 527 (42 USC §� 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title V111 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 §5 12101), as 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. 9.17 COVENANT OF NO INTEREST The CONTRACTOR and the 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. 9.18 CODE OF ETHICS The COUNTY agrees that officers and employees of the COUNTY recognize and «rill 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. 9.19 NO SOLICITATION/PAYMENT The CONTRACTOR and the COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working 6 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. 9.20 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES/ETHICS CLAUSE 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,ill 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. 9.21 PUBLIC ACCESS. 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 the 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 pro-%71sion 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 forrn 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 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 COUN'1Y to perform the service. (2) Upon receipt from the COUNJY'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 dpes not exceed the cost provided in this chapter 17 or as otherwise provided bylaw. (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 t h e 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. 1f the CONTRACTOR does not comply with the COUN'1Y'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 APPLI ATI N OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THI ONTRA T CONTACT THE CUST DIAN OF PUBLIC RECORDS AT: MONR E TTORNEY'S OFFICE 1111 12TH ST. SUITE 408 KEY WEST FL 33040 ublicrecordsmonroecaun -fl. ov 305 292-3470. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY 8 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. 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 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. 9.25 NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES This Agreement is not intended to, nor shall it be construed as, authorizu-ig 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. 9.26 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. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION The CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, Scrutinized Companies Vendor Statement, Affidavit Attesting to Noncoercive Conduct for Labor or Services, and a Drug-Free Workplace Statement, attached hereto as Exhibit "B" and made a part hereof. Signature of this Agreement by the CONTRACTOR shall act as the execution of a truth ixi 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 oriW 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 factual unit costs. All such adjustments must be made within one (1) year following the end of the Agreement. 9.28 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. 9.29 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. 9.30 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.Pursuant to Section 448.095: 1. A public agency,Bidder, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated Subsection 448.09(1), Florida Statutes shall terminate the contract with the person or entity. 2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. 3. 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 a Bidder under this paragraph, the Bidder may not be awarded a public contract for at least 1 year after the date on which the contract was terminated.A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract. 20 9.31 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, an "Uncontrollable Circumstance"). The CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, services, market conditions, or supplier actions or contract disputes will not excuse performance by the CONTRACTOR under this Section. The CONTRACTOR shall give the 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. The CONTRACTOR shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume hall 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 COUNTY'S Representative may determine. 9.32 ANNUAL APPROPRIATIONS Performance and obligation by the COUNTY 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. 9.33 PUBLICITY The CONTRACTOR shall not use the official seal, logo or any other image associated with the COUNTY nor represent that the COUNTY has endorsed the products or services of the CONTRACTOR without the specific authorization of the Monroe County Board of County Commissioners in accordance with Chapter 2,Article 11, Subsection 2-29(b), Monroe County Code. 9.34 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 Monroe County Board of County Commissioners,and signed by both parties before it becomes effective. 21 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. MONROE COUNTY, FLORIDA CONTRACTOR: PLAYCORE WISCONSIN,INC.,d/b/a GAMETIME, Digitally signed by Christine -A Forcign-for-Pro fit Corporation Christine Hurley Date:2026.03.19 12:33:25 By: Hurley -04'00' County Administrator or Designee Printed Name: Gina Wilson MONROE COUNTY ATTORNErS OFMCE Title: Vice-President/�r _ APPROVED AS TO FORM 'o .-- TAJNUT1"C-'MNTY ATTORMEY DATE: —2-24-202(1 22 EXHIBIT "A" SCOPE OF SERN ICES/CONTRACTOR QUOTE 23 GameTime 12/30/2025 c/o Dominica Recreation Products,Inc. Quote# P.O. Box 520700 107961-01-08 Longwood,FL 32752-0700 -(ym ;Cd rRR ca+a.nr 800-432-0162*407-331-0101 Fax:407-331-4720 www.p1laydirp.coinn Harry Harris Sand Park Option 5 OMNIA BOCC Monroe County Ship to Zip 33070 Attn:John Allen 1100 Simonton Street Key West,FL 33040 United States Phone:786-847-3358 allen-john@monroecounty-fl.gov of �� frii�! ��ruC�rr���r�,r.��u�'hw1F.i ,Gn{,��.�ir;r: ADA access by owner. Quote does not include safety surfacing. 1 178749 GameTime-Owner's Kit $92.08 $92.08 .. 1 6245 GameTime-..RoxAII1See Saw.....................,.................. .... ._.......... ,........... .... ............... ...._... .................. ........ .,. __..............._w.........._....._................................_. $12,296.00 16.00 $10,328.64 $10,328.64 E 2 Sealed 5-Star Plus-Signed/Sealed FBC 2023 8th Edition Building Code Drawings- $1,350.00 7.41 $1,250.00 $2,500.00 l system and freestanding equipment j 1 INSTALL GameTime-Installation of quoted equipment- $17,370.00 $17,370.00 C Includes the installation of customer supplied Back Hoe Digger Play Equipment List Price$26,621.90 @ 36%=$9,583.88 GameTime Freestanding Events List Price$19,474.00 @ 40%_$7,789.60 1 Permits 5-Star Plus-Building Permits- $1,500.00 $1,500.00 Estimated Costs of Permits plus Time. If actual permit fees are significantly higher or lower, final invoice will be adjusted accordingly. If additional time spent acquiring permits,due to lack of information from owner,final invoice to be adjusted. Survey 6 Siteplan are to be provided by the owner for the permit application. Correct legal address will be required. 1 26058 GameTime-3 Way X-Pod Step $2,082.00 24.00 $1,582.32 $1,582.32 1 1 26064 GameTime-Dna Climbing Wall Attachment $2,474.00 24.00 $1,880.24 $1,880.24 1 26065 GameTime-Hang Out Wall $2,173.00 24.00 $1,651.48 $1,651.48 1 26066 GameTime.._..Laced Climbing Wall Attachment $2,574.00 24.00 $1,956.24 $1,956.24 1 26071 GameTime-Symmetric Climbing Wall Attachment $2,302.00 24.00 $1,749.52 $1,749.52 1 26078 GameTime-Arched Loop Ladder Overhead $1,079.00 24.00 $820.04 $820.041 1 26088 GameTime-Tri Ladder $760.00 24.00 $577.60 $577.60 1 26089 GameTime-Astrol Rail $4,063.00 24,00 $3,087.88 $3,087.88 2 26091 GameTime-Single Link Cross Beam $279.00 24.00 $212.04 $424.08 10 26094 GameTime-Triangular Shroud $101.39 24.00 $77.06 $770.60 1 26151 GameTime-Therapeutic Rings(Link) $2,923.00 24.00 $2,221.48 $2,221.48 1 36018 GameTime-Wide End Balance Beam $2,248.00 24.00 $1,708.48 $1,708.48 C 2 36082 GameTime-Free Standing X-Pod Step-. $1,186.00 24.00 $901.36 $1,802.72 ....................................-_..........................................,..,....................a................_.........,............a........._...._....................... ........,..,... 1 .12583 GameTime-ADA PrimeTime Swing Frame 3 1/2"od $1,952.00 6.00 $1,834.94 $1,834.94, _..._...... .SS891 �4 2 0 GameTime-Belt Seat Package 3 1/2" $448.00 16.00 $376.32 $752.64 i C MNIA Page 1 of 3 GameTime 12/30/2025 Go Dominica Recreation Products,Inc. Quote# P.O. Box 520700 107961-01-08 Longwood,FL 32752-0700 Comm", 800-432-0162"407-331-0101 Fax:407-331-4720 www.pIaydr.ic.com Harryis Sand Park Option 1 .12584 GameTime-ADA PrimeTime Add A Bay 3 1/2" $1,208.00 5.46 $1,142.02 $1 142.02 2 SS8696 GameTime-End Tot Seat 3 1/2" $534.00 16.00 $448.56 $897.12 Sub Total $56,650.12 Estimated Freight $4,416.02 qs This quote was prepared by Gina Wilson,Vice President/Senior Project Manager. For questions or to order please call-800-432-0162 ext.101 tlurrorn(st)rr,,,,�t,irrrjj,rrr „galtrp. All pricing in accordance with Omnia Partners/U.S.Communities Contract 92017001134. All terms in the Omnia Partners/U.S.Communities Contract take precedence over terms shown below. p .�..,tr6a l'"gr�&ievs.F LLh ic_S"�'��f..G"ml':n-..j..Rl:�tte For more information on the Omnia Partners/U.S.Communities contract lease visit Im)�m, , Permits are not included in cost, unless specifically listed in pricing. If permits are required Signed/Sealed drawings are needed and are also not included unless specifically listed in pricing.Any costs for muncipal permits,paid by installer,will be charged back to the owner.Adding permits to any job will increase the length of completion,expect total time to be about 150 days,after receipt of Site Plan from owner/customer(this is not due to manufacturing but rather the permit process at the muncipality level).It is expected that the owner will provide approved site plans of the area for the permit office,and will help and assist in the securing of all required approvals before assembly of equipment can begin.Installer cannot provide site plans. The permit process can not begin until appropriate and ourrent site plans are pro,-,yI yawner. If there are no current surveys or site plans available,the owner may be required to obtain a new survey for the permit. This is the responsibility of the owner to obtain. If additional permitting requirements are needed during the process,those will be added and billed accordingly,i.e.soil density test,formed footers, etc. Payment Terms:Governmental Purchase Order. Purchases in excess of$1,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager.A completed Credit Application and Bank Reference Authorization, must be received with the order. The decision on credit is the sole discretion of GameTime/PlayCore.A 1.5%per month finance charge will be imposed on all past due accounts. Multiple Invoices:Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment. Pricing:Finn for 60 days from date of quotation. Shipment:F.O.B.factory, order shall ship within 120 days after GameTime's receipt and acceptance of your purchase order,color selections, approved submittals,and receipt of payment. Taxes:State and local taxes will be added at time of invoicing,if not already included,unless a tax exempt certificate is provided at the time of order entry. Exclusions:Unless specifically discussed,this quotation excludes all sitework and landscaping;removal of existing equipment;acceptance of equipment and off-loading;lift gate delivery;storage of goods prior to installation;security of equipment(on site and at night);equipment assembly and installation;safety surfacing;borders;drainage;signed/sealed drawings;or permits. Installation Terms:Shall be by a Certified Installer.The installer is an indepedent installer and not part of PlayCore,GameTime,nor Dominica Recreation Products. If playground equipment, installer will be NPSI and Factory Trained and Certified. Unless otherwise noted, installation is based on a standard installation consistent with GameTime installation sheets and in suitable soil with a sub-base that will allow proper playground installation. Drainage is not part of our scope of work unless otherwise noted. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall also provide a staging and construction area. Installer not responsible for sod replacement or damage to access path and staging area. Customer shall be responsible for unknown conditions such as buried utilities,tree stumps,rock,or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. OM NIA '-w t u t Page 2 of 3 r:x U­!! v- ho GameTime 12/30/2025 GarneWm c/o Dominica Recreation Products,Inc. Quote# P.Q. Box 520700 107961-01-08 Longwood,FL 32752-0700 800-432-0162"407-331-0101 Fax:407-331-4720 wmcw.plawydorp.commm Harry Harris Sand Park Option 5 OMNIA GIRDER INFORMATION Bill To: Ship To: Contact:w Contact: Address: Address: Address: Address: City,State,Zip: City,State,Zip: Tel: Fax: Tel: Fax: SALES TAX EXEMPTION CERTIFICATE#: w (PLEASE PROVIDE A COPY OF CERTIFICATE) Acceptance of quotation: Accepted By(printed):_ P.Q.No: Signature:, Date: Title: Phone: E-Mail:___ Purchase Amount: $61,066.14 AM&C NI M1 A Page 3 of 3 EXHIBIT `B" COUNTY FORMS 27 NON-COLLUSION AFFIDAVIT i, Rob Dominica of the city of Longwood, Florida according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am Rob Dominica President of drp registered agent of the firm of Playcore Wisconsin, Inc. dba Gametime the proposer making the Proposal for the project described in the notice for calling for proposals for: H 11 'arry Harris Playground Equipment and that I executed the said proposal with full authority to do so. 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit,or not to submit, a proposal for the purpose of restricting competition; and 5. estateec contain in this affidavit are true and correct, and made with full knowledge p of said rojent$.....a,., e 03/05/2026 . gnogre 6f'Proposer)(S (Date) STATE OF: Florida COUNTY OF: Seminole Subscribed and sworn to (or affirmed) before me, by means of lZ physical presence or ❑ online notarization, on March 5, 2026 (date) by Rob Dominica (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. �'•A4.$ao COU o RTNEY L.CRA1lyFORp NO...... TARY PUBLJ * * Commission#NH 698489 (SEAL)�'r""''v Expires J*26,2029 My commission expires:07/26/2029 28 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Playcore Wisconsin, Inc. dba Gametime (Company) warrants that he/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 of Section 3 of Ordinance 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 price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee", Z (Signatur,ep) Date:03/05/2026 STATE OF: Florida COUNTY OF: Seminole Subscribed and sworn to (or affirmed) before me, by means of V physical presence or 1:1 online notarization, on March 5, 2026 (date) by Rob Dominica (name of affiant). He/She is personally Jknown la-me or has produced (type of identification) as identification. COURTNEY L.CRA WFORD COmmls"9 HH 69M NOTARY PU LIC F-0 res J u ly 26,2029 expires:07/26/2029 (SEAL) My commission e 29 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that: P|oycoreVNsuonsin. Inc. dba Garnetime (Name ofBusiness) 1 Publishes s statement notifying employees that the unlawful manutaoturo, dietribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2. Informs employees about the dangers of drug abuse in the wmrkp|ace, the business's policy of maintaining o drug-free vvorkp|mce, any available drug oounae|ing, rehabi|itaUon, and employee assistance pnognoma, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual oemioaa that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection(1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, orplea of guilty orno|ocontendeve to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any atate, for o violation occurring in the workplace no later than five (6) days after such conviction. 5 Imposes a sanction on or require the satisfactory participation in o drug abuse assistance or rehabilitation program if such is available in the employee's onmmunity, or any employee who is so convicted. 8. Makes o good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, | certify that thisfirm e requirements. PpYpbser's Signature 03/O5/2O28 Osde STATE OF-Florida COUNTY Seminole �}�� Subscribed and sworn to(or affirmed) before me, by means of 0 physical presence or El online notarization, on (date) by Rob Dominica (name ofaffiant). He/Sheim personally known to me or has produced (type nfidentification) ooidentification. NOTARY PUBLIC (SEAL) UOVRTNEYL'CRAmF0RD [Ny commission expires: 07/20/2O29 ^ COMISsioo#HH$96W 30 ����� Expire,Jul�2U.2029 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted weOd0[ list h3Uovvng a conviction for public entity or|nne may not submit a hid on a contract 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 ofa public building or public vvork, may not submit bids on |eeoea of real property to public enUtv, may not be awarded or perform work as o contractor, mupp|ier, subcontractor, or CONTRACTOR under o contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section287.017. Florida Statutes, for CATEGORY TWO for a period of38 months from the date of being p|muad on the convicted vendor list." | have read the above and state that neither P|o o4re Wisconsin, Inc. dbo Ganna{inn (Pr0pose['G name) OO[ any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. Date: 03/05/2026 STATE OF- Florida Seminole OF: Subscribed and sworn to (or affirmed) before nne, by means of KZ physical presence or [] online notarization, on March 5' 2020 (date) by Rob Dominica (name of affimnt). He/She is personally known to me orhas produced (type of identification) as identification. OOVMEYLCRAWFCRD (SEA rmmmh��0HH6�489 My commission expinGS:O7/2O/2O2U 40'��r E*amJ0 26.2029 31 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Deao/[tkon(s): Harry Harris Playground Equipment Respondent Vendor Name: Playcore Wisconsin, Inc. dba Gametime VendorFBN: 39-1720480 Vendor's Authorized RepremantoUve Name and Title: Rob Dominica Address: 150 Playcore Drive SE City.- Ft Payne State: AL Zip: 35808 Phone Number 4O7-331-01O1 Email Address: Flobd@gametime.uom .Secdion207.i35. Florida Statutes prohibits a company from bidding on, submitting o 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 imoothe Scrutinized Companies that Boycott Israel Lied, created pursuant to Section 215.4725, Florida Stetutea, or is engaged in o Boycott of |ense|. Section 287135' Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into orrenewing o 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 Lists which were created pursuant to Section 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 mnUUmd "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. | understand that pursuant to Section 287.135. Florida Statutes, the submission of false certification may subject company to civil pana|tiao, attorney'ofeeu. and/or costs. | further understand that any contract with the County may be terminated, ot the option of the County, if the company io found tn have submitted afalse 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. Rob Dominica Certified By: who io authorized to sign on behalf of the above referenged-comy5iny,:,," '-"""' Authorized Signature: Print Name. Title:President/drp Nob*: The List are available at the following Department of Management Services Site: 32 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES .......................-...... .................... ............... Entity/Vendor Name: Playcore Wisconsin, Inc. dba Gametime .......... Vendor FEIN: 39-1720480 Vendor's Authorized Representative: Rob Dominica ............. ..................................-...........- (Name and Title) Address: 150 Playcore Drive SE .................. ....... ------ City: Ft Payne State:AL 35968 --............. ------ Zip: Phone Number: 407-331-0101 Email Robd@gametime.com ........................ ....... ------------ As a non-governmental entity executing,renewing,or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of peijury 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 threatening 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 of the 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 goveniment 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. Providing a controlled substance as outlined in Schedule I or Schedule 11 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: Rob Dominica........... ...................--- who is authorized to sign on behalf of the above referenced compaiyy,`��Nl Authorized Signature: Print Name: Rob Dominic -.11-1.1.1..........--1.1111- . ..... ...... . . ................................. ........... Title: President/drp .... ............................. 33 DATE(MM/DDYYY) A�LOB Y CERTIFICATE OF LIABILITY INSURANCE 01/27/2026 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 endorsements . PRODUCER CONTACT *MARSH USA,LLC. NAME: Joseph Wagers Two Alliance Center PH NN Ext: F'C No): 3560 Lenox Road,Suite 2400 E-MAIL marsh.comWa ers h Atlanta,GA 30326 ADDRESS: Jose p 9 @ Attn:Atlanta.CertRequest@marsh.com/Fax:212-948-4321 INSURER(S)AFFORDING COVERAGE NAIC# CN 1 02326389-CAS-GAUWX-23-24 INSURERA: Evanston Insurance Company 35378 INSURED INSURER B: Continental Casualty Company 20443 PlayCore Wisconsin,Inc. Dba GameTime INSURER C: American Casualty Company Of Reading,Pa 20427 150 PlayCore Drive SE INSURER D: Transportation Insurance Co 20494 Fort Payne,AL 35967 INSURER E: National Union Fire Ins Co.of Pittsburgh PA 19445 INSURER F: The n in n n r n Company 35289 COVERAGES CERTIFICATE NUMBER: ATL-006137840-01 REVISION NUMBER: 1 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 ADDLTYPE OF INSURANCE INSD WVDUBR POLICY NUMBER MM/DDIYYYY MPOLICY EFF �ICY EXP LTR DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY MKLV2PBC002465 08/01/2025 08/01/2026 EACH OCCURRENCE $ 2,000,000 DAMAGE TRENTED CLAIMS-MADE � OCCUR PREM SESOEa c.."ence $ 100,000 X SIR$250,000 Per Occ. MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: POLICY AGGREGATE $ 10,000,000 B AUTOMOBILE LIABILITY 7039895527 08/01/2025 08101/2026 COMBINED SINGLE LIMIT Eaaccident $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Comp./Coll.Ded.:$2,000 $ F X UMBRELLALIAB X OCCUR 7039984806 08/01/2025 08/01/2026 EACH OCCURRENCE $ 10,000,000 EXCESS LAB CLAIMS-MADE RETENTION Umb Catastrophe$25,000 AGGREGATE $ 10,000,000 DED X RETENTION$ 0 $ C WORKERS COMPENSATION 7039895530 08/01/2025 08/01/2026 PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER C YIN 7039895544 08/01/2025 08/01/2026 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ D OF EXCLUDED? N❑ N/A (Mandatory in NH) 7039918871 08/01/2025 08/01/2026 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 G If yes,describe under 7039929062 08/01/2025 08/01/2026 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Excess Umbrella 10656545 08/01/2025 08/01/2026 Each Occurrence 10,000,000 Aggregate 10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: All Jobs Monroe County BOCC is listed as additional insured as their interests may appear,during and until completion of the referenced project,on a primary and non-contributory basis,on the General Liability via CG 2010(04113)and Automobile Liability via CA 2048 policies,when required by written contract. A Abe- 8tx T Waiver of Subrogation applies in favor of the additional insured on the Workers Compensation policy,when required by written contract. "BY_ .. 1.27.26 DATM... -a_..._ M'AI N/A, — CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 102050 Overseas Hwy.,Suite 223 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key Largo,FL 33037 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102326389 LOC#: Atlanta ACC)J?" ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED **MARSH USA,LLC. PlayCore Wisconsin,Inc. Dba GameTime POLICY NUMBER 150 PlayCore Drive SE Fort Payne,AL 35967 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance INSURERS AFFORDING COVERAGEINAIC# INSURER G:National Fire Insurance Co Of Hartford(20478) Workers'Compensation(Continued): Carrier:Transportation Insurance Company Policy Number:7039918885(OH,ND,WY,WA) Dates:08/01/2025-08/01/2026 Carrier:Continental Insurance Company Policy Number:7092684051(CA) Dates:08/01/2025-08/01/2026 WC 7 39895530-AL,CO,FL,GA,ID,IL,IN,KS,KY,MA,ME,MD,MI,MN,MO,MT,NV,NY,NC,OK,PA,SC,TN,TX,UT,VA WC 7 39895544-CA WC 7 39918871-AZ,OR,WI ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with:Victor Diaz Tile, LLC Contract# n/a Effective Date: Notice to Proceed Expiration Date: Final completion of project Contract Purpose/Description: Installation of large and intricate piece of art to the new EYW TSA Checkpoint Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Beth Leto 5239 Leto-Beth@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 35,000.00 Current Year Portion: $ 35,000.00 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the total cumulative amount is$100,00.00 or less) Budgeted?Yes No❑ Grant: $0 County Match: $ Fund/Cost Center/Spend Category: 404-63001-530310-SC_00036 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 R NO ❑ CONTRACT REVIEW Reviewer Department/Office Director/ Signature: Richard Strickland p,g'e�'zoz,.ds,R7.1 IN,—rdSt-1-d Assistant Director Pedro J. Mercado Digitally signed by Pedro J.Mercado County Attorney Signature: Date:2026.02.0910:10:33-05'00' Gaelan P Jones Digitally signedbyGaelanPJones Risk Management Signature: Date:2026.03.06 11:37:51-05'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.03.18 0.39:16-04'00' (email contracts(a monroecounty-fl.gov) Digitally signed byAngelica Malcosky OMB Signature: Angelica Malcosky Date:2026.03.1812:50:41-04'00' (email OMB@monroecounty-fl.gov) Comments: Risk approval subject to contractor acknowledgment of revised insurance waiver Revised BOCC 11/12/2025 AGREEMENT FOR ART INSTALLATION VICTORDIAZTILE,LLC!, MONROE COUNTY This Agreement is made and entered into between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 11.00 Simonton Street, Key West, Florida 33040, and VICTOR DIAZ TILE, LLC, ("CONTRACTOR"), a Florida Limited Liability Company, whose principal address is 3312 Northside Dr, Unit 312, Key West, FL 33040. WHEREAS,The Key West International Airport(Airport)is engaged in a"Concourse A" and Terminal Improvements Project that calls of the construction of a new terminal and renovation of the existing secure departures hold area and baggage claim area; and WHEREAS, the Airport in general and the secure departures hold area house artwork that is curated and overseen by Monroe County Art in Public Places (AIPP); and WHEREAS, it is the intent of the Board of County Commissioners ("BOCC") to enrich culturally and benefit the citizens of this County through public art projects; and WHEREAS, the COUNTY has completed the construction of the new terminal and anticipates the renovation of the existing secure departures hold area and baggage claim area will be completed in the near future; and WHEREAS, the renovation of the existing secure departures hold area and baggage claim area is at a point where it is ready to receive the artwork that has been stored for exhibition in the newly renovated terminal; and WHEREAS, COUNTY desires to retain the services of the CONTRACTOR to provide I installation services,, ru, as4cularly large and intricate piece of art located in the newly renovated 1314W area; and 11-01*1 WHEREAS, the CONTRACTOR is qualified and comes highly recommended; and WHEREAS, CONTRACTOR desires and is able to provide the installation services required by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein,the parties have entered into this Agreement on the terms and conditions as set forth below: 1. THE AGREEMENT The Agreement consists of this document, the CONTRACTOR'S Proposal, all executed applicable Monroe County forms, Contractor's insurance documents, invoices, and any amendments issued after execution of this Agreement. 2. SCOPE OF SERVICES The CONTRACTOR shall perform all work and services as necessary, and furnish all labor, 1 supplies, materials, tools, equipment, transportation, and any incidentals thereto, for installation of the specific artwork as follows: THREE LARGE HAND SCULPTED GLAZED CERAMIC MOSAICS BY NAN THURN KITCHENS AT THE KEY WEST INTERNATIONAL AIRPORT, KEY WEST, D/B/A ARCHITECTURAL CLAYWORKS, MONROE COUNTY,FLORIDA The Project is located at 3491 South Roosevelt, Key West, Florida 33040. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. CONTRACTOR shall provide installation services of three (3) large hand sculpted glazed ceramic mosaics by Nan Thum Kitchens. CONTRACTOR shall confer with and coordinate activities with the Executive Director of the Florida Keys Council of the Arts (FKCA), Elizabeth Young, in order to ensure proper installation of the artworks on the agreed upon targeted space in the security checkpoint area. The CONTRACTOR shall be responsible for securing and paying for any necessary pen-nits and approvals to perform the work during the to of this contract, which may include Monroe County Building Department and any other permitting or regulatory agencies as possible. The CONTRACTOR shall provide the COUNTY with an installation schedule prior to commencing work. 3. CONTRACT AMOUNT The COTY shall pay Contractor an amount not to exceed Thirty-five Thousand and 00/100 ($35,000.00) Dollars for the faithful performance of the Contract, in lawful money of the United States, in three (3) phases for all materials and services for completion of all installation work as may be necessary to finish this Project. There shall be no additional fees paid beyond the contract amount set forth herein. 4. PAYMENT TO CONTRACTOR A. Acceptance of payment by the CONTRACTOR shall constitute a waiver of all claims against the COUNTY by the CONTRACTOR. B. COUNTY'S performance and obligation to pay under this Agreement, is contingent upon an annual appropriation by the Board of County Commissioners. C. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act, as set forth in Florida Statutes, Section 218.735; final payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR to support completion of the Project. The Executive Director of FKCA shall review and approve all Invoices prior to their submission to the Clerk for payment. D. CONTRACTOR shall submit to COUNTY invoices with supporting documentation in the form of a memo prepared by the Deputy Director of Airport Facilities and Construction Management, and photographs of the completed work acceptable to the Clerk, as Phase 1, 11 and III are competed. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may 2 govern the Clerk's disbursal of funds. Final payment request must be submitted no later than thirty (30) days after the completion of the Project. E. Upon receipt by the COUNTY of an invoice for each of the three (3) phases and documentation to satisfy the Clerk that the appropriate phase has been completed, payment shall be made for each of the three phases as follows: 1) Phase I: Clean and prepare all ceramic pieces onsite. COUNTY shall provide the required tent, water and power. Upon notification by CONTRACTOR that cleaning and preparation has been completed, the Deputy Director of Airport Facilities and Construction Management,,Tyler Bethel, shall inspect and photograph the ceramic pieces to verify completion of the work and prepare a memo for approval by Elizabeth Young-Executive Director Florida Keys Council of the Arts and Richard Strickland—Executive Director of Airports. For Phase I of the work CONTRACTOR may invoice COUNTY a lump sum fee of$5,000.00 with no additional documentation required. 2) Phase 11: CONTRACTOR shall assemble and mount the prepared ceramic pieces on a backer board for transport to the new TSA checkpoint. CONTRATOR will provide for the transport of the artwork to the re-installation site at the airport. COUNTY will provide a forklift if needed. Ms. Young shall review and approve the assemblage and layout of the ceramic pieces and identify any issues before transportation to tenninal, Upon approval of the assemblage of the ceramic pieces on the backer board the Deputy Director of Airport Facilities and Construction Management, Tyler Bethel, shall inspect and photograph the assemblage of the ceramic pieces to verify completion of the work and prepare a memo for approval by Elizabeth Young - Executive Director Florida Keys Council of the Arts and Richard Strickland—Executive Director of Airports. For Phase 11 of the work CONTRACTOR may invoice COUNTY a lump sum fee of$15,000.00 with no additional documentation required. 3) Phase III CONTRACTOR shall install the assembled and backboard mounted artwork as directed by the Deputy Director of Airport Facilities and Construction Management, Tyler Bethel. CONTRACTOR shall provide all the mounting hardware, tools and staff required to properly and securely mount the artwork at its designated location. Once installed, CONTRACTOR shall apply new grout and touch-up paint to the artwork and wall as needed to complete the installation.Upon completion of the installation of artwork, the contractor shall repair/restore any drywall damage to its original condition. Thereafter, upon completion of the 3 installation of the artwork the Deputy Director of Airport Facilities and Construction Management, Tyler Bethel, shall inspect and photograph the installed artwork to verify completion of the work and prepare a memo for approval by Elizabeth Young-Executive Director Florida Keys Council ofthe Arts and Richard Strickland—Executive Director of Airports. For Phase III of the work CONTRACTOR may invoice COUNTY a lump sum fee of$15,000.00 with no additional documentation required. 5. TERM OF AGREEMENT This Agreement shall commence upon approval of the Agreement and notification to the CONTRACTOR of such approval and shall terminate upon final completion of the Project which shall be no more than seven (7) days thereafter, u n I e s s terminated earlier under Paragraph 20 of this Agreement. 6. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the to of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTYupon request. 7. 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 for a period of three(3)years from the submission of the final expenditure report as per 2 C.F.R. §200.33, if applicable, 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 to of the Agreement and for seven (7)years following the termination of this Agreement. 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 County or 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 County'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 County's representative and/or agents or the County Clerk. County 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 4 and amounts through interviews and written confirmations with employees, Subcontractors, suppliers,and contractor's 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 any auditor employed by the Monroe 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, Fla. Stat., running from the date the monies were paid to CONTRACTOR. The right to audit provisions survive the termination or expiration of this Agreement. 8. PUBLIC RECORDS COMPLIANCE CONT5 TOR 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. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 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 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 (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: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH ST., SUITE 408, KEY WEST, FL 33040, publicrecords*monroecounty-fl.gov, (305) 292-3470. 9. HOLD HARMLESS, INDEMNIFICATION,-AND INSURANCE CONT FA TOR covenants and agrees to indemnify and hold harmless Monroe County and any of their officers and employees from and against any and all claims,liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation, and the payment of any and all of the foregoing or any demands, settlements, or judgments arising directly or indirectly under this Agreement which arise out of, in connection with, or by reason of services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act or omission of CONTRACTOR., its employees,or agents. This indemnification shall survive the termination or expiration of this Agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this Agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at a minimum statutory limit as required by Florida Law, and Employer's Liability coverage in the amount of $100 000.00 bodily injury by accident, $500 000.00 bodily injury by disease,policy limits,and 6 $100,000.00 bodily injury by disease, each employee. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of liability of not less than $300 000,00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials,employees,agents,and volunteers. MONROE COUNTYBOARD OF COUNTY COMMISSIONERS, 1100 Simonton Street, Key West, Florida 33040, MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR 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 Agreement entered into by the COUNTY be required to contain any provision for waiver, 11. 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 CONTRACTOR or any of its employees, subs, servants, or agents to be employees of the Board of County Commissioners ofMonroe County. 12. NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a detennination 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 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 7 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 §§ 12 101 Note), as 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, disability,national origin,ancestry, sexual orientation,gender identity or expression,familial status or age; and 11)All requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; and 12) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 13. ASSIGNMENT/SUBCONTRACT CONT TOR shall not assign or subcontract its obligations under this Agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County,which approval shall be 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. Unless expressly provided for therein, such approval shall in no manner or even be deemed to impose any additional obligation upon the Board. 14. COMPLIANCE WITH LAW AND LICENSE RKQEIREMEM In providing all services/goods pursuant to this Agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services,including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. 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 Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the to of this Agreement. 15. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect,which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.3 11, et. seq., Florida Statutes. 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 oruse of certain information. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in 8 Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall. apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. 16. ETHICS CLAUSE No Solicitation/Payment. 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. 17. NO PLEDGE OF CREDIT. CONTRACTOR shall not pledge the COUNTYS credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms ofthis contract. 18. NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the COTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre-paid, or by courier with proof 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 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 COUNTY: FOR CONTRACTOR: Key West International Airport Victor Diaz Tile Art LLC. Attn: Richard Strickland, Director of Airports Attn: Victor Diaz 3491 So. Roosevelt Blvd, 3312 Northside Drive, Unit 312 Key West, FL 33040 Key West, FL 33040 and Monroe County Attorney P.O. Box 1026 Key West, FL 33041 19. TAXES CO UNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall 9 not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes,or payments of withholding, related to services rendered under this Agreement. 20. TERMINATION a. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days' written notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. 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 with neither party having any further obligation under the terms of the contract upon termination. C. If the CONTRACTOR is adjudged a bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, or if it persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any scheduled activity that falls seven (7) days or more behind schedule) or if it fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Agreement, then the COUNTY may, without prejudice to any right or remedy and after giving the CONTRACTOR and i t s surety, if any, seven (7) days' written notice, during which period CONTRACOTR fails to commence correction of the violation, terminate the employment of the CONTRACTOR and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and may finish the Project by whatever method the COUNTY may deem expedient. In such case, the CONTRACTOR shall not be entitled to receive any further payment until the Project is finished nor shall it be relieved from its obligations assumed under Paragraph 2. Reasonable termination expenses incurred by the COUNTY may be deducted from any payments left owing to the CONTRACTOR. d. 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. 21. 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 Agreements 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 10 interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County,Florida. The Parties waive their rights to trial by jury. 22. MEDIATION 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. 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. 23. 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 tenri, covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest extent pennitted 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. 24. ATTORNEY 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 attomey's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, and shall including in appellate proceedings. 25. ADJUDICATION OF DISPUTES ORDISAGREEMENTS 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 Paragraphs 12 and 20 of this Agreement concerning termination or cancellation. 26. 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. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 27. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 28. 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. 29. CLAIMS FOR FEDERAL OR STATE AID COT iA_ TOR 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 A g r e e in e n t; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Any conditions imposed as a result of funding that affects the Project will be provided to each party. 30. 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. 31. 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. 32. 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 12 separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 33. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, Non-Collusion. Statement, and an Affidavit Attesting to Noncoercive Conduct for Labor and Services. 34. 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. 35. 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 authorized representative of COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 36. 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. 37. 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. 38. E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, if applicable, 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 Fla. Stat., Sec. 448.095. 13 39. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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 leases 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 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." 40. CONSTRUCTION OF AGREEMENT This Agreement shall not be construed more strictly against one party than against another merely by virtue of the fact that it may have been prepared by one of the parties, it being acknowledged that both the CONTRACTOR and the COUNTY have substantially and materially contributed to the preparation thereof. 41. COVENANT OF NO INTEREST 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. 42. UNCONTROLLABLE CIRCUMSTANCE/FORCE MAJEURE 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 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 a no cost Change Order for such reasonable time as the County's Representative may determine. 43. FURTHER ASSURANCES The parties shall promptly execute all documents reasonably required and take such other steps 14 in addition to the execution of this Agreement to effectuate the intent and purpose of this Agreement. 44. EFFECTIVE DATE This Agreement shall become effective("Effective Date")upon the date this Agreement is signed by both parties. 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 and witnessed by another officer oft e entity, or by two (2) other witnesses. MONROE COUNTY FLORIDA Digitally signed by NROE CoLVW ATTOtIAINEY Christine Christine Hurley ArkOV"E FOFW Date:2026.03 19 By: Hurley 12:36:18-04'0'0'County Administrator or Designee PP D 0 j. MaCA9G----' A T E� SS11 � UNTY ATTORNEY Date3./_6/26 ------- Print Name DATE: WITNESSES: VICTO IAZ TILE, LLC, CON,rR ACT OR Sr a t�lu, Si CCUg A Print Name .. iatur Q- 4 ......... Print NamV DATE: , Z — � DATE: .4/ 2..0- 2) Signature 4,C4&-rrA L- L-,,o in t5Z, Print Name DATE: 0Z, STATE-4,7-1, (A)'-, OF P-A—I COUNTY OF t--f 0 L>eci7 On this day of_1-'6 2023, before me, the undersigned notary public, by means o physical presence or 0 online, personally appeared known to me to be the person whose name is subscribed above or who produced. V I cl-D aq, -L.1-................ as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for the restoration of the Big Pine Key Fire Station Murals Project in Big Pine Key for the purposes therein contained. Nota7 .Public My Commission Expires: Nam G"6 (SEAL) 'Ai'll, XAMALAWMEZ NoWy h-bk-state of Flories Commission#HH 670OA6 my Comm,Expires Jul 6,2029 15 ,A", Sonaed through National NoUry AsSr. RM VENDOR CERTIFICATION REGARDIN SCRUTINIZED COMPANIES LISTS Project Descriptions):___...M._. .._" Respondent Vendor Name: _.__.._....®._.__......m !.._.__.,... __ m____mmmm._._.__mmm_...__._...,_. Vendor FEIN: 84-4402167 m M- Vendor's Authorized Representative Name and Title: _ _.. ._m0/ok____ .... .. I Address: C� V t City: State: Zip: Phone Number Email. Address: / _.L py . 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. 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. I understand that pursuant to Section 287.1.35, 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,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. Certified By: __ ! A _,........._......�.,._,.w__., ,who is authorized to sign on behalf of the above r ence mpan Authorized Signature: Print Name: ., Title: _ .®__._. ..___m__m �..... ............. ..__ Note: The List are available at the following Department of Management Services Site: htti)://www.dms.mvflorida.com/business operations/state purchasing/vendor information/cony icted sus ended discri inato com laints vendor lists 16 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 01.0-1.990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer oremployee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 0 10-1990. 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 price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Si re) i Date: 0-X 10 ZY 2 r STATE OF: j COUNTY OF: is P a e Subscribed and sworn to (or affirmed) before me, by means A physical presence or 0 online notarization, on K6 6 q L)a L-r (date) by i (name of affiant). /She is personally known to me or has produced (type of identification) as identification. NOTAk"PUBL (SEAL) My commission ex Dires: KINSTAL A GOMEZ Notary Public-State of Florida Comthission 9 Hif 670046 my Comm,Expires Jul 6,2029 Sorided through National Notary Am. M 17 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 leases 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 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." I have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) 1 ths. (Signa ire) Date: STATE OF: COUNTY Subscribed and sworn to (or affirmed) before me, by means physical presence or 0 online notarization, on !�G6 lat;0-P (date) by biAZ c ),�,,j�/She is personally -...... (name of affiant( known to me or has produced (type of identification) as identification. NO&TARYIBLIC (SEAL) My commission e e KKMAL A GOMEZ Mom public-State of Florida I'MCom mis"0 HH 670046 My Comm Expires Jul 6,2029 Sanded throuo National kury Ann. M 18 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: - itI I," a- P1 A Z -t I Le Vendor FEIN: 84-4402167 Vendor's Authorized Representative: (Name and Title) Address: 413 k Z. ................ City: State: Zip: --3324-0- Phone Number: Email Address: 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 of the 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; S. 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 H 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: who is authorized to sign on behalf of 11 above referenced company. Authorized Signature: Print Name: V Title:— / ,IY-7" ............ 19 73/5/2026 E(MM/DD/YYYY) 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: Key West Insurance PHONE FAX 3152 Northside Drive, Unit 201A A/c No EXt: 305-294-1096 AC,No):305-294-8016 Key West FL 33040 A DRIESS, INSURER(S)AFFORDING COVERAGE NAIC# License#:L100460 INSURERA: Maxum Indemnity Company 26743 INSURED VICTDIA-CD INSURER B Victor Diaz Tile, LLC 3312 Northside Drive 312 INSURER C: Key West FL 33040 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:486036155 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY Y Y BDG309757602 11/7/2025 11/7/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY L/'-1 PRO LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT BY................Czmr.2..�u:.. it¢c,..................... DATE 03.06.26 WAIVER N/A YES X Signed WC waiver to be provided under separate cover 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 United States C� // �Q� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD MONROE,',I COUNTY, FLORIDA REQUESTFOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract or pUrchase. C.ontractor/Vendor: Victor Diaz Tile, LLC ............... Project or Set-vice: Key West Airport Art Intallation Cormactor/Vendor 3312 Northside Dr. Unit 312 Address& Phone di; , ........... Key West, FL 33040 ..................... ................... ------- ........... General Scope of'Work: Installation of Artwork at Concourse A ....................... .............-------_......... � =on fac�tbfremploys"4_&1ess'_e�m_ot s eK&ff .F r off"WC.- Reason for Waiver or insurance i)er FS 440.02(20)t.,NQ_o!hu_pQjrs .............. Modification: to-p-erform-work-on-this-px-o.ect.—.............. ................... ..................._....... Policies Waiver or Modification will apply to: Worker's Compensa tion ................. ........... ...................------------ ............... —--- --------------­­--............... Signature of Requestor: Date: Approved Not Approved */-11-0 .YL......... Risk Management Signature:..., Date: County Administrator appeal: Approved: Not Approved: Date: Board ofCourity Conirnissioners appeal: Approved: Not Approved: Meeting Date: Leto-Beth From: Young-Elizabeth Sent: Tuesday, March 17, 2026 9:30 PM To: Mercado-Pedro; Abreu-Lisa Cc: Leto-Beth; Susann D'Antonio Subject: FOUND IT- VICTOR DIAZ Proposal !!Fw:ARTWORK at the AIRPORT Attachments: ART WALL.pdf Hi All Please see attached, and below. liz Elizabeth S. Young Executive Director Florida Keys Council of the Arts 1100 Simonton Street Key West, FL 33040 g3��0q�5p µ-�29,m P5'h-4 3p69/3µ0g5p-304-2812 kVP4'ktl kY MN kY � ,. 4d29rts. c.Q.T.11 11 Art BuMs Community We Support We Connect We IPu oirnoLe ft;� Gv From:Young-Elizabeth Sent: Sunday,January 4, 2026 12:41 PM To: Mercado-Pedro<Mercado-Pedro@ Mon roeCounty-FL.Gov>; Susann D'Antonio<susannda@mac.com>; DiNovo-Joseph <DiNovo-Joseph@MonroeCounty-FL.Gov> Cc: Bethel-Tyler<Bethel-Tyler@MonroeCounty-FL.Gov>; Strickland-Richard <Strickland-Richard@MonroeCounty-FL.Gov>; Leto- Beth <Leto-Beth@MonroeCounty-FL.Gov> Subject:ARTWORK at the AIRPORT Good afternoon Pedro, Happy New Year! Please find attached (finally) an estimate/INVOICE from our selected /recommended vendor, VICTOR DIAZ TILE,LLC, to "reinstall" the Nan Thurn Kitchens ceramic artwork into the newly opened TSA checkpoint. Susann D'Antonio, Chair of AIPP Committee and the other committee members are confident that Mr. Victor Diaz is the most qualified and also reasonably priced independent contractor to successfully complete the installation. Mr. Diaz, Susann and I toured the space and examined the stored artwork with Tyler Bethel last month and we are all "on the same page" as to the proper process and timing. We asked him to send a simple one page document with a price and he has and I've attached it. Sue, Tyler and I propose the following milestones to you so that you can prepare the agreement and we can get started ASAP. i From my notes of our caii on 11/21/2025 - you mentioned a "Smaii Contract Dorm" approved by the County Administrator and meth (Leto coulld manage. We wiH require photos of before and after for each phase, and signature alplprovais from (Richard,Tyler, Susann and me. Victor is ready to go and has the staff he needs - I'll work with Tyler (who has worked with Victor recently in Terminal A), to coordinate the final layout and access to the art work, etc. AGREEMENT: STEP ONE - 1st milestone - Clean and prepare all ceramic pieces onsite in provided tent by shipping container-Tyler to provide the tent, water and power. Susann and Liz to inspect and approve for Progress payment#1 of$5,000. Photos and 4 signatures required. STEP TWO - 2nd milestone - Assemble and mount on backer board to transport to the new TSA checkpoint. Victor will use his truck, Tyler will provide forklift if needed. Susann and Liz to approve assemblage and layout, identify any issues before transporting to terminal, and approve for Progress payment#2 of$15,000. Photos and 4 signatures required. STEP THREE/FINAL- 3rd milestone - Artwork is installed -all necessary precautions are addressed on the prepared drywall, new grout and any touch up painting included. FINAL PAYMENT to be approved by 4 signatures and photos, once Mr. Diaz informs us that he has completed the installation, Final payment#3 of$15,000. TOTAL CONTRACT not to exceed $35,000. Please let me know if there's anything else you need from me! Thanks so much liz Elizabeth S. Young Executive Director Florida Keys Council of the Arts 1100 Simonton Street Key West, FL 33040 305-295-4369/305-304-2812 YYAY�Llr L;a_rts.coiIT, Art Builds Community We Support We Connect We Ii roi m ote We Gve z ��" m�i��i�i�i�i�i ICI m��INVOICE i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i� MRS LIZ AND SUSANN KEY WEST AIRPORT 305 5878685 ART WALL IC' liazalloirn,no li t.oiir@girnaiilll, KEY WEST, FLORIDA 33040 coirn, 12/06/2025 '3312 II140I1:l"'III"'III°iSIII IC::)I:::::: Il:::N: UINIII III"'3 12 IlClfiiif,Y mi.i.isr 'IIIIIf)A 33040 ��� .�„i� � �� Ali IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIII�IIIIIIIIIIII ��� :, W� � I „� � : ������'�� CLEANING- HANDLING AND $35,000.00 INSTALLING ART WALL ART WALL AT THE AIRPORT CLEANING-ART PIECES TO BE INSTALLED TRANSPORT THOSE TO THE SITE ADJUSTING AND CUTTING THE WALL INSTALLING THE ART PIECES SETTING MATERIALS INCLUDE ESTIMATE TIME TO INSTALL 2-3 WEEKS FROM CLEANING TO PUT UP TO WALL 1 BREED ART P.O. Box 70033 OAKLAND PARK, FL 33307 WWW.BREEDART.NET 954-540-7232 DATE: NOVEMBER 3, 2025 TO: MONROE COUNTY ART IN PUBLIC PLACES FOR: KEY WEST AIRPORT ATTN: LIZ YOUNG PROPOSAL FOR REINSTALL OF MOSAIC BY ARTIST NAN THURN KITCHENS, TITLED `ISLAND TIDE PORTAL" THAT IS IN STORAGE ON THE AIRPORT GROUNDS. REMOVAL FROM STORAGE. REASSEMBLE AND INSTALL DIRECTLY ON WALL. TIMEFRAME: APPROX 14 DAYS NEEDED THIS PROPOSAL IS ALL INCLUSIVE, INCLUDES MATERIAL, TIME AND LABOR FOR COMPLETION OF REINSTALL. IT IS UNDERSTOOD THAT THE AIRPORT WILL PROVIDE TRANSPORTATION TO THE TERMINAL, A SHADE TENT AT STORAGE SITE AND ELECTRIC. TOTAL PRICE: $137,000 SIGNED: r4 . ,fir v JEFFREY A. BREED PRESIDENT ATTACHMENTD.5 CO t J N I'Y A 1)M I N I S I'R ATO R CON FRAC'FSUMMARY FORM I`OR CONTRACTS $100,000.00 and I,rider Conti-act Vvith'.Tarkett USA, Inc. Contract 4 061323 Upon notice to proceed 1"Iffective Date- ...... ---- 81, 20 F'xpiration Date: ....... 26 Contract Purpose/Description: Flooring Social Services 2nd Floor at the Cato Building -Tarkett USA, Inc. Sourcewell Contract#061323 ............................ ------- ................. —----- ....................... ............. ................__............... ............................. - ----- Contract is Original Agreement Contract Arriendment/f"Atension Renewal Contract Manager: William DeSantis 4307 desantis-willtam@moi,i!roer,,,<)unty-,fI gov (Name) (Ext.) Ernail Address "ONTRACT COSTS Total Dollar Value of Contract- $ 13,143,67 (..'urrent Year Portion: $ onust be$G(A),wo or I oo (It'multi'year agreernem 1hen I'CLIMNS BOCC',AJ)PT: 1L miless the "�Imw r, B Lid geted? Y es IV I No Grant: $ - - , ,,, ,,, County Match: F'Llnd/Cost Center/Spend Category:001-20501�-00061 ADDITIONAL C OSTS F.'stiniated Ongoing Costs: /yr For:N/A (Not included in dollar value above) (e.g. mainteriance, utilities,janitorial,salaries.etc.) Insurance ReCiLlired: YES * NO _J CONTRACT REV11'W Reviewer Departnient/Office Director/ Si,maturc: William Desantis ......................................................................................... Assistant Director 'Nq�a�4 wW-1 by Joseph X DiNovo COLItity Attorney Signature: Joseph X, DiNovo Davy;M6 03 TO 09 38 37 04'00' DqUWy Wq,­J hyJACtyn FINT1 Risk Managgenient Signature: Jaclyn Flatt D."a 2026 G3 10 13 59 12 04'00' D'91�gy 1,q111y I,—At.,- Purchasing Signature: Lisa Ab d by Date 2076 03 t2 08 Q 08 04'00 (email Contracts et 111miroecounty-fl.gos 90ys,g­ AnqehG:a Malcs OMB Signature: Angelical Malcosky D),qWe 202h Md 1by2 09 05 J3 04'00'tky .......... ................................... (cniail OMB q monroccmniN-11,gow C'011117nents: ----------- ............ Revised ROCC It/1212025 ':-, 91 (3)Tarkleft Project# 1012050 31612026 Chrissy Collins Monroe Co RE: Flooring Proposal for: 1012050 Monroe Co-Cato Social Services-2nd Flr We are pleased to provide the following quotation for the above referenced facility. Pricing is based on the Tarkett/Sourcewell Contract#061323. SCOPE OF WORK: Style Color Name Color# Quantity UoM Unit Price Line Total CARPET MATERIALS Texture Map Ethos Omnicoat Modular Tile 24x24 Tomorrowland 93.34 YD2 @ $ 30.68 $ 2,863.70 LABOR Carpet Installation-Modular Tile 63.00 YD2 @ $ 10.13 $ 638.19 Install Primer 560.00 FT2 @ $ 1.13 $ 632.80 Tarkett Base(up to 4")-FURNISH AND INSTALL 120.00 FT @ $ 4.15 $ 498.00 Adhesive Removal 750.00 FT2 @ $ 1.35 $ 1,012.50 Food(Per Diem) 15.00 EA @ $ 74.39 $ 1,115.85 Hotel/Motel 4.00 EA @ $ 236.45 $ 945.80 Major Floor Preparation(to include self-leveling)- Material Only (55s/f per 55#bag)(FT2) 560.00 FT2 @ $ 1.88 $ 1,052.80 Major Floor Preparation(to include self-leveling)- Labor Only (55s/f per 55#bag)(FT2) 560.00 FT2 @ $ 1.88 $ 1,052.80 Tarkett Transition Strips(RubberNinyl)Furnish&Install 3.00 FT @ $ 5.24 $ 15.72 Hourly Labor(for any service not otherwise listed on this price list) 10.00 HR @ $ 250.89 $ 2,508.90 Staging/Inside Delivery 1.00 HR @ $ 1.10 $ 1.10 Mileage Reimbursement 600.00 EA @ $ 1.07 $ 642.00 S1 Freight,External 1.00 EA @ $ 163.51 $ 163.51 TOTAL $ 13,143.67 NOTES: I. Field measure and estimated quantities by: 855453 Icon Floors LLC 2. Standard running line carpet products require a 65 square yard minimum purchase,except Express and Priority Express colors which require a 25 square yard minimum purchase,and except the style Plexus Colour which requires a 5 square yard minimum purchase. 3. Please include product style,color,and backing on purchase order. 4. Manufacturing overage is included in material quantity,to bill only at the amount shipped. The overage°Io is up to: 5. The material price includes freight. 6. No freight is charged for adhesives(ancillary supplies)when shipped with material order.When adhesives(ancillary supplies)are shipped without a material order,buyer is responsible for freight costs. EXCLUSIONS(unless specifieally included in the above scope of work): Protection of Floors Attic Stock Night/Weekend Labor Dumpster Cost Bonding Cost Mats Preformed Corners Trip Charges Removal&Disposal Resilient Flooring Stair Materials Extensive Floor Preparation Furniture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of Resilient Border Carpet TERMS OF PAYMENT: (Saiih aica:fl flay Credit Approval) Net 34D Days 1 (3)Tarkleft Project# 1012050 31612026 a All Materials and Labor...Payment due within terms of each invoice(materials,will be invoiced capon,shipment,labor will be invoiced capon completion or as phased). 1.Change Orders:Any work not included in the above scope of work will require a signed change order before work can be performed. 2.Term of Quote:Prices given are firm for sixty days from proposal date. 3.Lead Times:Please note that we are a made to order mill and we cannot commence production until a signed PO or contract is received. Note that normal lead times are as follows: • Fast Track Carpets,two weeks plus shipping; • Running Line Carpets,four to six weeks plus shipping; • Custom Carpets,six to eight weeks plus shipping; • Lead times are approximate and do not start until after the purchase order or fully-executed contract is received. 4.Floor Preparation:Additional floor preparation may be required as a result of an unforeseen condition of the floor.Costs associated with this floor preparation will be negotiated on ajob-to-job basis.Our products perform properly when installed on floors that are free of dirt,oil,paint and excessive moisture.Floors that have moisture readings greater than the manufacturer specified tolerance will not meet specification and will require further curing time or treatment prior to carpet installation. We recommend only wet scraping or mechanical removal of all non-water based adhesives. 5.Asbestos Abatement:This quote DOES NOT include asbestos abatement.Neither we nor our installers are responsible for the handling,removal or abatement of asbestos contained floor material or adhesive.Further,our policy is to request an Asbestos Hazard Emergency Response Act(AHERA)report prior to proceeding with any floor material or floor adhesive removal.We and our installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used,we and our installers may require additional measures be taken prior to installation of any product.These measures may affect the price of this quote.Please contact our Technical Services Department at 800/248-2878 ext.2129 for more details. Please indicate your acceptance of this proposal by returning your signed purchase order or fully executed contract to the email address shown below.Please address it to my attention.Should you have any questions,please let me know. We look forward to working with you on this project. M ONROE COUNTY ATTORNEY'S OFFICE Sincerely, APPROVED AS TO FORM r Gu wth�a Cynthia Flowers Account Coordinator _.jq�SSTANT COUNTY ATTORNEY Source One Department DATE: 3-10-7o?6 cynthia.flowers Ca tarkett.com 2 *sent for update Dec 2025 Sourcewell Contract # 061323-TIFU exp 8/9/2027 Tairkett Alliance Number 168119 Tarkett Resilient NPN: SPA Required-Contact RBM 1 11111,111�I�I I l�ill�illillillillillillilliillillililI III I I MEN= Backing Discount Off Sourceweill Style Code Style Description Code Backkig Description Ust Price List Price Member u0m Pfice Per UOM 03973 Street Life CR Flex Aire@ Cushion IRS $43.18 40% $25.92 SY 11449 Substance GU ethos@ Modular with Ornnicoat $34.87 33% $2339 SY 11449 Substance CIF Flex Aire@ Cushion $41.87 41% $24.63 SY 11449 Substance CR Flex Aire@ Cushion IRS $37.50 31% $25.97 SY 11531 Suede Tones GU ethos@ IIModUlanr with OrTinicoat $55.44 35% $36,31 SY 11531 Suede Tones CIF Flex Aire@ Cushion $56.75 34% $37,60 SY 11531 Suede Tones CR Flex Aire@ Cushion IRS $5&06 33% $38,88 SY 11531 Suede Tones M Powerbond Cushion $49 32 32% $33,33 SY 11531 Suede Tones M IR Powerbond Cushion IRS $5&63 32% $34,62 SY G0038 SUrnmer Walk GC ethos@ IIModUlanr with Omnicoat $8317 38% $51,81 SY G0045 Sweater Knit GC ethos@ IIModUlanr with Omnicoat $76.73 47% $40,61 SY 11647 Syllabus III G LI ethos@ IIModUlanr with Omnicoat $57.18 38% $35,57 SY 11647 Syllabus III CIF Flex Aire@ Cushion $5&50 37% $36,86 SY 11647 Syllabus III CR Flex Aire@ Cushion RS $59 81 36% $38.15 SY 11647 Syllal.,,)us III M Powerbond Cushion $56.27 42% $32.83 SY 11647 Syllal.,,)us III MR Powerbond Cushion RS $57.58 41% $34.12 SY 04120 Tenera GLI ethos@ Modular with Ornnicoat $76.75 41% $45.46 SY 04120 Tenera CIF Flex Aire@ Cushion $78.07 40% $46.75 SY 04120 Tenera CR Flex Aire@ Cushion IRS $79.38 39% $48.04 SY 04120 Tenera M Powerbond Cushion $66.27 42% $3&25 SY 04120 Tenera MR Powerbond Cushion IRS $67.58 41% $39.54 SY 11120 Texturemap, GU ethus @ Modular with Oconic oat, $55.58 38% SY 11129 TextUrernap CIF Flex Aire@ Cushion $56.90 38% $35,48 SY 11129 TextUremap CR Flex Aire@ Cushion IRS $5821 37% $36,77 SY 1�,rkM U A In, MON Au,ora Rd Page 18 of 37 q Tarkett -O -N N W M O N O P.N W O o r O O G 2 �d r r � - �W ��I�O � N O N N�O I�M�O �O ��N W V h Q` W �Z O 3 m W h W d`V N N W V N O W N W I� � N W r W N N In _ N C Z G 1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 1' _UA LLj y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N z \d N O V In W N O N O M N O O O O N N M N W V O .h h h a O h h M 0 0 W 0`N N N h N C d`d`N O N C h M M O W W N W C h M W M h N N I W N 6 h OJ In W h (V C 6.6(V C O(V M(V b Z ? �N N c O O O O M O O O C O•N i0�M��N O O N N O N N O M M N N M h O h O W M M W N N N 3 y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N-N N N N 0 0 N M III�M�y' IIIIIIIIIIII� N N N W M W O�O� II� IA z M C�O M W N N N N C N I�O O•M M C M O h C M I() n N O C N M N N N N N N N---—---N N N N �D O I� h M 0`0`N W M pA, AW+nlll N N m Il �O W O�Y'1 Ifi I�N Ifi�O N N O O�N N�D I�M'O N O O O N W I�M W O O IIWMbstll'I T IIII j 2r O O P O�I�M M N O�M N I�W m M If O OJ 1O � N N a N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N v M —O- - — —O �yy�pvpp � � ���C�� �I(h � �Q• � N I�� N C B N/ � M "�µq.'.y y - In-------- --------------In----VT 'VT VJ VJ VJ in in(n(n CAyCA to to to IIIIIIIIIIIIIIIRR m d N N O` W��O���P O i0 M O N K O M O N�O N M N� 0 0�ITH P P Il�llllln IIIIIII�MI�dY A�flW IIIII' " mN M. N Wtl^"kcr M W NNN W P M N M N � �1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N III o C'>"1 �Ill��al. IIIII X ov ooN�W W o hONO W W mN.o�M o�O O h aov �'o NN ol� .oNhM W mM �1_�' IIIII v M. M N IIIIIIII C F N M m C h W P W d`O M N h h —N-W W h O�C N M W�E;W h W� W N N � M M•O M N O M C�O h 0 d`M C M In O I� M C i!J N O C YJ N M M ifl M O W M r O IIIIII ' - ----N N N N N NN N N N N N N NN NNNN NhN N NN NV N�N N NN N N N N N N N� N N N m yCp Iliui�l d W W V O N N N�O N O N V O O N�O N M N O O O O N N M N h W O V O`h h�O O A� w M M M N W O C N N O�N N N O 6�N N�O h M M N O W W N W C M C M W N O O N h V�O m A ,�I�w f Q 3 O�O� M W I� h C N W M M O �O OJ h In OJ h N O O O W N C h h O O� M N^ h N N 3... ��pay Illlfinnlm O '- - N N W M N �W 'ryy6 p In.. N N Q J d N N cn IIIIIIM'llm Q U L N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 'Ill'Il -°m j II Z Q`Q`h M O M 0 C W P O M h O N O W W N O N N O N N O• D` O N N M W N M N N non N v Illllllu Il�llllls V " . C O+O+ � N V M a0 N M M-O N V a0 r-�C O•M�M N O�V N ��N N N V a0 N M M N V N��m M��O h N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N IIIIIIiITM1nI Illlllllllllm f �q 0 0� V�a0 W I�d`N I�N N a0 O r-W N O d`N N N h M�O V N C)C)p�N W V I�V M�N O a0 N h C N mlllllll mlllllllllll g o300NNQ^MGM^�N�o�riv vio W.o oiha�Iri ofro NmMo�Nv.ov ��vv�I^ �N�� j N N N N N OJ O�M r- w IIIIIIIIIII c C a N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N-N N N N no '" ma N N Io v NmoMo�.o oN N N o .00��oo W or- �N rn N o o v MM �m W N II Z y N N N N N N N N N N N N N N N N N N N N N N N N-N N N N N N N N N N N N N N N N N y N N N N IIIIIIIIM = L � O .O- L U U O d @ N h r O W J J J ¢ ¢ L C C C J J J J ¢ O ¢ 6 a 3 3 3 >y m J w H Z z v> W Z.z Q a E'.E E E o o 2 v� cn a a z Z Gf o y d o - o 0 o z z 0 0 0 E W r E 3 z ¢o o ? o ¢ ,�a o s u o y o S z o z o N o a 0 o o o g y o v N m z Z ¢ z Q m Z S a3 d a*,.mmm c�ov�ci ¢ ox ¢ oS���z o rnz,�m v p cn S2 Q O 5 C C C . C C M Z Z Z 2 L= =LL LL' O W O :LL C C M N O o 0 0 0 0 0 0 N Z ¢ m[C m Z �a CC_ — U J r U m « O(n c LL J LL Z. v w O LL ;...�- > > > >N m T.___ N, l0 l0 N aR,l0 l0 (0 O W N C LL_ — LL No_ U N N N'41' V O O O O= ¢N U> > 41 N C U c v— _v VJ O O H S LL ,0..W W N N N N— `i'LL N O O N -- --- ww "� v vHH E E�� u m....'> >���mao °.'m E E Lf) d.v ^.^ v>>=LL(/� H H v v v 'w O (� N w w m w « H H a o o �, y y�..y m m OU�'.3.811 U LL U U U U C U J J>>>>>> J J fn M U¢ > m m m U U U U U U U U>J> U (U co S C (U LA 7' c0 i C Z 5 G 1---v}v}-------- N N N In N --------------------- In N W y O Ntn to 1-1 h N N N N N- o-- N N N In N In N N--N------N N N N N N- y In Z 0 m G r V^r � N N Oj a(V N �? J c a`to<n cn yr in in vs v> cn in y y <n <n <n rn rn rn Z,<n in-yr-----------<n<n<n<n rn rn N N�° O M.U h M O�N r N� n n°�r N 0 I�W W h W�O V N r �p r O N N N N N N r 3 y --N--in in in in in in in V t/ V in to to- - in in in in----N NNNNNNNNNNN N to d O O p N h r 7 W 7 C Q 3 M a N r 0 0 N N N V r uj M M N O N N O N O cQz a-yin---------in to - toNNNcn-yr-------------- to to W O O O W Ifs I�p v^i M ro W O.o O h ro N a Q o W I�r N MO N S C N--,1 2 .Oo�N V �O I� N vNi r N O N W O o p r I�N n r N r O W O ul u)N O.�O� N N O N O C V N r II z N N N N N M r N r N N N ���VY VY VY VY Cn VY Cn in in in in in VJ in VJ Sn Ln In In{n VY VY<n in Cn<n<n 4J 4J 4J 4J 4J 4J 4J in 4J in in O O N r N O 6 O�N M M N r---W- r r N r d r a in in in v:v:v:v:ur-v:in in in - - - - - in in in in in v:v:in ur yr ur v:in in in cn cn in in in in in in 00 NWWNI oM oW WO N O�N r N h O�r N ip n W W I� m V N r O� �DN �A to 4J Ll Ll Ll r Illlllln y .NtnNN N ------ -- —N N-- to to I II mllllllllln IIIII IIIII IIIII III IIIIIIIIIIIIIIIRR IIIIIIIM d�°V 0 0 0 0 N� � ^N N V O� O� O� �p O N O M h 0 4`M V W W r V W W O�I�r°`O °' O IIIIIIIIIIIIIIIRR Ix.U. .„ J a?�N N r r 0 0 N D`Cj � > r N W r r O�O N r O N N ���N r . MQ d III nIN nm O Y 1 N N in i/T i/J i/J i/J Cn in!?in to to in in in to N in in in in in in in-in-Cn Cn!?-in----in in - in Illllllllm IIIIIII non .� qq�� Ili bA"atl I....... IIIII m v r M^ •D�°�D r N N V N h O�r N O h W W h W�O N W O� �° iNll N O N I �I III c r V W V N N M r IIIIIIIII� IIIIIIII - -- ----------- - - - - -----inin----���������� �r IIIIIII mm iii,;;,!, d�oa o o ,°I�NM r� oov M rn .00Mo Norn W W W W M��o`p III w. V W r V p�6�N O h �O N N N W V V O� �D h N r O C h�O h N OJ M r N O ^N O N O O N N W M �•••• III °;.. cQU a`in in in yr--------- - - - - - -in<n in-yr--------------- - - nlllllllllllll Innnl� 'lll'll -j nan N v M M 0 I, IIIIIIM II�IIIIIM U a � � O N W 0 0 0 � N h N O�tT Q(V�O r(V O In O V M O� r O N N N r N N N r h --to---in in in yin in- - f/ - - to to in in in in--N N N N N N N NNNNN!/ R�O O W O N pp�� Illlllilnfinl Illlllllllllm F �° AMm�m, Illlllln mlglvllllllln 0 3 cV M ^r 0 N �p�.j M N M C (V O nj O(V p r [V O�W N M M N O O W N M 'WvP Wp 1p p ? j r N W r r r O N � IIIIIIIIIII co a'yyin yyr yr yryinti�inN ti ti ti in rn inNNy�yyr in in yin in--------- - - 3 r O N W O O p r N r r N O O N N N O In O C O r O II r �D NM N O N N�°O�O�N N elW Z - in------yin y-in in in in - in - NNin----N N N-------In In in- in N ZZ 7 LL LL } LL LL LL :.}}} LL G{: � LL LL LL W W W m kL''.LL LL LL LL LL LL LL LL} I W W W LL LL LL LL Illllllllllm j m ~ O o E E o N Ucr p va n 'Em Y o `o in in "" ? v~i y voa� w $ o '* o L)S u y c+�a E c LL o z o 0 0 O m y 4k in Q z U m x >. U m �''vi -o v o n N — lO l0 06 v mo N U-O N O S — 'o— o o y E v¢aEi¢�o¢wE o�0mm 0mmUm�°'faYw` y ,tmqm eCo7,9 -ZNLLHaa�oyd-H°wov l\KoLLm K°U. �yE`ao�yE° y ° ° ° oo E E m �1 n � �oo ` a mv m m z z~ a a. ` `,m - 0" .0aC E E Er E o m m N Lf) -v`'oTWao°- o LL --HfnNN NCD LL � m LL:W WI2 m N U U U LL Q J U (U co A C (U N ^�� 03 o v mroo+r��mrnNvi��ory Nri� r�� N c Z 5 o a - — yr yr N N------------------ O N [V V o o V o M V r N M o o N r r^o Z W y � (n (? ih ih[A[A U)U)U)U)N NNNNNNNNNNNNN Z c= a <n <n cn cn vs cn cn cn cn<n y<n v>y y y<n<n<n<n<n<n<n<n -O O O M M 7 r OS O N a 6 0 0 a O r—t r N M.0.0 N . N M V � N r ro M W to c V N N G n m > a o h mvv�a prow ro III O 3 I1 m vorn.o ml�aM > n it ro npO� NV N p�Np O 1 1 Cd r.N N Ne Q. Illllllllmn N� W �r N d a r « d C Q Z 1 N N NNih in NNNNin N{nNN{A tANNNNNNN a Y d M O+I�N O W O O N O O Op Op 0 D`M V o U C C Y N � M ro V�O M n M M V r 0 N cJ V Ci o V o V r N M 0 0 N r r M r d °V,IA�Iq�q Z yy c (A VY VY VY VY CA(A 4J CA SA Cn SA SA N N N N N N Sit N N N y h •y II�IIIIIM ;,I a maanaromma waorn�000mm 2 `� m O I ��P'"a".Wll "'"^^ III & N N uJ VS N N V U V IPe..11 ; � "M. CcIII 9 N O� I�N O�I�O O 6� N V I�O O OJ O O n O C M M cJ N ro iD N p� �p M lO c�I�m lO O O r « ImON' c N N � �' NN> IIIIIII ,^ � y v> v} v>v>v>v>yur cnyN yNy<nyyyyy I all, IIIIIIIIIIIIIIIRR "� a O r W V V h V r O W�O V N V O O�`V O O M N M O�M N C d IIIIIIIIIIIIIIIRF m m J o Ji r0 W O O�r M O�N N n O r N N V N m itl N Q iy Q r W r N O Z o c > r II IIIIII n O Y 1 to — ----C/C?- to-N N N N N N N N N N NN y � O C'>'1 m Ion 'a O � •O IIIIIIII" IIIII� Qpq �X � c` �r N�n O O d` M N ��O O W O O I� n ul r c Imllll 111 ' im I q N N V O O V O M V CV m O O N r n N N Q O d Z Of O d 'k" IIIIII y � (R ih ih iA iA UJ C/C/UJ In!n to(n iA(n(n to to(n to(n fit N --• C C C a �f IIIIII II U O 'U 3 m N r > p_ O IIIIII III �q rn hh W rh Nlpa� N.oNrn��nmoo�N a'vro E =E c d I IAnnnn II nl� w N ?a O V W r O 6�r M O�N N h�O r�N °1°°°°° '' °Q U a` <n <n cn cn cn cn cn cn cn cn<n cn v>v>vi vi<n<n<n<n<n<n<n<n C = Q m a II "z v� nNrnnoo Nvl�oor000l� .o� ® E —.m, o o c a 2 O!h M�D O O O ;O h O c m y �•' > d d O N IJ O V O r O�r r (V M N O O(V r O h o° O IIIIII II N m r U -a0-+ WVy y N N ---—-In In---N--N--to to to to fit fit O 4 $ p A Y U C O d a s d E Ilp��u Inlliifinl F a o h rovvnv ponN orn.000 rommh � d p m IIII m M O O M N O O N •� p C O Ol Il llllln Q 3 W�O P r C O�N In ro r-O r N N O N cV O Y Q O d o U O N m IIIIIIIIII r ppi�pp p j u O .Mo IIIIIIIIIII R 0 O Il y y� Uy Ly Lys NNNfnN 4JNNtnNN[n[n NtANtnN Y O L a g d C C no II�IIIIIM N N V O O V O r N V r N V O O N r r �n V o J Y E. 0 C U II�IIIIIM U vEi m o d •A X z y N ---- —to----N-NtoN « O i y E -O LT N N N N N V)N "Mill) d V O � i C V N d V Q 9 d (0 m milllllll Q N N N N N N N N N N N N N Q N N N N Q CL" Q •` O N y U C 0 � LL LL LL LL LL LL w w w LL LL LL LL LL LL LL LL d E Q c = �r 9 Illllllllllm yy yOLOy cd� L. x w v m J v o w 16 d m E s o o o y O d d 3 > ° •� c o 10 Y m y D E a ro m m c 'O K N 19 O T d d O -O is O Cn m N �p n- 'O O U C I d Q A .n U y t«n O o .y.. d V _ N R'.+ 'd0 v o• v ` y 1c c c ,n O d O C _ ro Eo m wO c U N IY c'o'o N Z 'O ¢ O ; w y Q d U U LL ; a - v E d a�`O y a� v u o U Y d > C o d Y LL U Y Y l L d a >° c m a c m Y v a� v m m c tl a '& ¢ d •`-' m c c M=-—__ y y y o d,a a .o d E - •u Q c o 0 0 o v m v m a a w v�i d y 8 O v Q m ;; F . c m— O Y O p LL LL U N N IY K [C j O N G' (JY. d O d C >• - d O' c rn o U o 3 x x m v v m v o v v v v ... 'I G d to m F m Y N O > w Lr) c o z O p_U�j U U U m v v v v v n U . E o d s v >Q LLI LLI o `o o `o v o 0 0 o a5(•�•q `d c� E ' d E m p E o m o E o oa oz o °o 0 0 0 w o o o 0 o m'� o A `m j m c `m a ooL t (V LL N=N w Cn Q'LL Q LL LL LL w lL LL lL U' U U U U co F U (U co A 7 C N N *sent for update Dec 2025 Souircew6�� "TairIkett AllianceNumber 1 "1 "1 rairIkett Ill iilliii n Ilf::)l : SIPA Required Contact III IM California AB2398 Carpet • Soft surface product pricing does not include the California AB2398 Carpet Stewardship Assessment Fee. Stewardship Assessment Fee . This fee will appear as a separate line item on invoices for soft surface products shipped to California locations. • Neither Tarkett nor its installers will be responsible for the handling,removal,or abatement of asbestos contained flooring materials or adhesives. Asbestos Abatement • Building Owner must provide an Asbestos Hazard Emergency Response Act(AHERA)report to Tarkett prior to implementation by Tarkett of flooring preparation and/or installation of flooring material for each job. If any chemical stripping agents such as those commonly used in asbestos abatement have been utilized,Tarkett and its installers • may require additional measures be taken prior to installation of flooring product. • Pricing does not includes freight or applicable taxes. In consideration of Tarkett's proposed pricing,uncertainty still lingers amid possible tariff implications.As a result,Tarkett's pricing • does not consider any costs associated with potential tariffs.Should tariffs occur,Tarkett will transparently provide percent associated with an applied tariff. Pricing Pricing shown shall be held for effective date period.Change in pricing thereafter will be based on published industrywide materials or • internal price increases and shall not exceed 10%in any trailing 12-month term. • Product pricing may be modified or amended with 30-days prior written notice to Customer. • If Customer's order is mailed or otherwise placed during said 30-day period,the prior price shall prevail. Soft Surface Products: • Minimum order requirement for Powerbond,Modular Tile running line&Broadloom products is 65 square yards. Minimum order requirement for running line products under the Tarkett Quickship program is 25 square yards for Powerbond& • Modular Tile except for: Plexus Colour IV,Abrasive Action II&Assertive Series(5 Square Yards or one carton of 24"x 24"Modular Tile 6.67 Square Yards) • Non-standard styles require a minimum order of 500 square yards. Modular Tile orders are subject to full carton shipments. Orders of 100 square yards or less are subject to an additional one full Minimum Order Requirements • carton.(6.67 square yards per carton of 24"x 24"Modular Tile) LVT Products: • LVT products are subject to full carton shipments. Resilient Products: • Cut charge applicable on sheet cut request. • Rubber sheet sold in full roll quantities. • Vinyl tile,wall base and adhesives sold in full carton quantities. Payment Terms • Net 30 Days from the date of invoice. Change Orders • Any work not included in the initial scope of work will require a signed change order before work can begin. • All available alternatives will be reviewed in an effort to satisfy the customer's product delivery requirements. Tarkett Resilient(not including LVT)products include delivery to a distribution hub to the extent noted on the quoted and mutually Deliveries • agreed to pricing.Delivery,including,without limitation,to Authorized Dealers,members job sites,outside of the continental United States,certain distribution locations,or other designated destinations may incur additional fees. • On Resilient products,there will be a lift gate delivery charge(where required)based on location and will be charged accordingly. • Refer to installation instructions on Tarkett.com for the most up to date information. • Costs associated with additional floor preparation will be negotiated on a job-to-job basis. Floor Preparation • Floors must be free of dirt,oil,paint,and excessive moisture in order for the product to perform properly. Please note the MVER,RH&Alkalinity testing must be performed to give an accurate assessment of the concrete condition and the • test results/data of each test shall be within acceptable limits. • Wet or mechanical removal of all non-water based adhesives is recommended. FOB • Point of Manufacturer or Distribution Hub T".rkett USA, ,c 3ra Rd qTarkett Solo,,,OH 44139 (800o Aur000)aee-snip; Page;3,7 Of 31 *sent for update Dec 2025 Souircew6�� "TairIkett AllianceNumber 1 "1 "1 rairIkett Ill iilliii n Ilf::)l : SIPA Required Contact III IM • Protection of Floors • Boding Cost • Carpet Cleaning • Night/Weekend Labor • Dumpster Cost • Trip Charges • Stairs • Asbestos Abatement Labor Exclusions • Preformed Corners • Mats • Cleaning/Waxing of Resilient Flooring • Attic Stock 0 Furniture Moving a Extensive Floor Preparation Materials • Sales Tax • Border Carpet 0 Removal&Disposal of Resilient Floorina Area Rugs: • Area rugs are custom made and may not be cancelled. Soft Surface Products: Customer 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. Material 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: Order Cancellation or Returns ' Contour 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 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 restocking fees and any return freight incurred. Resilient Products: Customer 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. Material that has already been shipped may be returned only with prior written approval of an authorized Tarkett representative and will be subject to a restocking fees and any return freight incurred. NOTE:The Parties herein agree that there shall be no cancellation or return for any Custom product orders. Material Only Orders: • An invoice will be issued upon shipment of the material. Invoices Source One Turnkey Projects: • Material -An invoice will be issued upon shipment of the material. • Installation-An invoice will be issued upon completion of installation or as needed for phased installation. Soft Surface Products: • Production of material will begin upon the receipt of a signed valid purchase order or a fully executed contract. • Quickship Carpets-Allow an average of two weeks for production plus applicable shipping time. • Running Line Carpets-Allow an average of eight weeks for production plus applicable shipping time. • Custom Carpets-Allow an average of twelve weeks for production plus applicable shipping time. Lead Times LVT Products: • 2-4 weeks depending on style Resilient Products(Excluding LVT): • Rubber Products-4-6 weeks • Vinyl Sheet and Tile-2-3 weeks for stocked products,16 weeks for unstocked products • Wall Base-3 weeks • Title and Risk of loss shall pass to the Customer upon transfer to the freight carrier. Title/Risk of Loss 0 Tarkett shall promptly replace damaged or lost material occurring during transit and ship the replacement order as expeditiously as possible at no cost to the Customer. • Tarkett shall file any daims with the carrier on behalf of the Customer for any prepaid shipments. Warranty • Please visit Commercial.Tarkett.com for comprehensiveproduct warranty terms T".rkett USA, 3ra Rd qTarkett Solo,,,OH 44139 (800o Aur000)aee-snir; Page;3�r of31 *sent for update Dec 2025 Souircew6�� "TairIkett AllianceNumber 1 "1 "1 rairIkett Ill iilliii n Ilf::)l : SIPA Required Contact III IM Soft Surface Products: • Modular Tile product orders will be accepted for full cartons only. Orders of 100 square yards or less are subject to one additional full carton. • Standard Running Line products are subject to the following shippable overage conditions per item ordered: 1,500 Square Yards or less 5 1,501-5,000 Square Yards 2 Overages 5,001 Square Yards 1 LVT Products: • All orders will be accepted for full cartons only. Resilient Wall Base and Adhesive Products: • All orders will be accepted for full cartons only. Note:Overages for all products must be shown on the Purchase Order. • Custom product constructions and product custom colors are available at negotiated prices. All soft surface custom products are subject to a minimum order requirement based upon the custom product construction and • applicable shippable manufacturing overages. • Custom Accuweaves-untested patterns require mockups prior to order. • Other custom constructions and/or colors may also require mockups prior to order. • All custom option orders must be approved by the Tarkett's Product Development and Technical Services departments. • Custom Broadloom product orders are subject to a manufacturing overage of 5%or 6 lineal feet,whichever is greater. Custom Products • Modular Tile and Powerbond with a custom color require a$350 piece dye charge with a minimum order requirement based on the product. • The Parties herein agree that there shall be no cancellation or return for custom product orders. • All soft surface Custom or dropped product orders are subject to the following shippable overage conditions per item ordered. 1,500 Square Yards or less 5 1,501-5,000 Square Yards 2 5,001 Square Yards 1 Note:Overages for all products must be shown on the Purchase Order. • All Tarkett products and services not shown are also available. Please contact your Account Representative for more details. NOTES • Please include product style,color and size on each purchase order as applicable. Please place Tarkett Alliance or Customer Number as well as Resilient NPN number on all orders and communications to ensure • utilization of the proper pricing as well as for reporting. T".rkett USA, ,c 3ra Rd qTarkett Solo,,,OH 44139 (800o Aur000)aee-snip; Page;3d Of 31 Addendum (Sourcewell Cooperative Purchasing Agreement #061323) Monroe County Contract Supplemental Terms and Conditions The Monroe County Board of County Commissioners (herein after"County") and TARKETT USA,INC. (herein after"Contractor") agree as set forth below. WHEREAS, the Contractor has a Cooperative Purchasing Agreement which may be utilized by local governments, state governments, federal agencies of the United States, consortia, or not-for-profit entities with Sourcewell a State of Minnesota Local Govermnental Unit and Service Cooperative. WHEREAS, the abovementioned Cooperative Purchasing Agreement is identified as SOURCEWELL CONTRACT#061323 ("Existing Cooperative Purchasing Agreement") and WHEREAS, the County desires to utilize the Existing Cooperative Purchasing Agreement for the Contractor to provide the County with the goods and/or services, and the Contractor desires to provide the County with such goods and/or services in accordance with this Addendum and the Proposal, Quote or Estimate of the Contractor. The County and Contractor hereby agree to the following: QUOTE# 1012050 IN THE AMOUNT OF $13,143.67. This Agreement includes and incorporates the Contractor's Existing Cooperative Purchasing Agreement, its Proposal, Quote or Estimate and Terms and Conditions, as applicable, and this Addendum. To the extent that any terms conflict,the language as set forth in this Addendum shall supersede any other terms and shall be binding. The terms and conditions as set forth below are imposed in accordance with Florida Law and Monroe County Code. Payment: Payment will be made in accordance with the Local Government Prompt Payment Act(Section 218.70, Florida Statutes). Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act. Contractor shall submit to the County invoices with Supporting documentation that are acceptable to the Monroe County Clerk of Court and Comptroller (County Clerk). Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County Clerk's disbursal of funds. If the Agreement is a multi-year agreement,the County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. This Agreement shall not exceed $100,000.00 unless it is approved by the Monroe County Board of County Commissioners. Any automatic renewal is subject to a not-to-exceed amount of$100,000.00 unless the Monroe County Board of County Commissioners gives prior approval of an agreement more than $100,000.00. In accordance with Section 2-58, Monroe County Code, the County Administrator is authorized to sign agreements when the total cumulative value of the contract does not exceed$100,000.00. 1 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. Termination: The County may tenninate this Agreement for cause should the Contractor fail to perform. Prior to termination for cause, the County shall provide the Contractor with seven (7) calendar days' 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, the County shall pay the Contractor the sum due for work performed 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 County may terminate this Agreement for convenience,at any time,upon thirty(30)days' written notice to the Contractor. If the County terminates this Agreement, the County shall pay the Contractor the sum due for work performed prior to termination,unless the cost of completion of the remaining work under the Agreement exceeds the funds remaining in the contract. Maintenance of Records: The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. 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 termination of this Agreement.If an auditor employed by the County or the County Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, 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 the Contractor. 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 of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body the 16' Judicial Circuit in and for Monroe County,Florida. This Agreement shall not be subject to arbitration. Attorney's Fees and Costs: The Parties 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. 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. Nondiscrimination: 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 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 disability; 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 2 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 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 s. 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 s. 12101 Note), as may be amended from time to time,relating to nondiscrimination 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; 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. 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 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. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. The Agreement is a Public Record under Chapter 119,Florida Statutes. The parties agree to comply with Chapter 119,Florida Statutes. Sovereign Immunity and Non-Waiver of Immunity: The County s indemnification is limited and subject to the sovereign immunity provisions of Section 768.28, Florida Statutes. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the County and Contractor 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.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; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement 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. 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. Statutory Requirements and Notices relating to Unauthorized Employment and Subcontracts and E-Verify System: In accordance with Section 448.095, Florida Statutes, any 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 3 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 Agreement term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095,Florida Statutes. Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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,proposals,or replies on leases of real property to apublic 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 36 months following the date of being placed on the convicted vendor list. Scrutinized Companies: Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, Florida Statutes, the Department may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for more than one million dollars,the Contractor certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Terrorism Sector List or engaged with business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant to Section 287.135,Florida Statutes, the Department may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Terrorism Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. As provided in Subsection 287.135(8), Florida Statutes, if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. Disclosure of Gifts from Foreign Sources: If this Agreement is $100,000 or more, the Contractor shall disclose to the County any current or prior interest of, any contract with,or any grant or gift received from a foreign country of concern, as defined in Section 286.101,Florida Statutes, if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity,the amount of the contract or grant or gift or the value of the interest disclosed,the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift,and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Contractor must also provide a copy of such disclosure to the State of Florida Department of Financial Services. Suspended Person/Business Entity, Subsection 2-347(l), Monroe County Code: In accordance with Monroe County Code Subsection 2-347(1), the Contractor hereby swears and affirms that it is not a suspended person or business entity. The employment of a suspended person/business entity is a material breach of the County/Contractor contract and entitles the County, in its discretion, to 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. 4 Indemnification&Hold Harmless: Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Contractor shall, indemnify, and hold the County, and the County's elected and appointed officers and employees, harmless from and against any claims, actions or causes of action, third-party claims for any litigation,administrative proceedings,appellate proceedings,or other proceedings relating to any type of injury (including death), or damage to tangible property including reasonable attorneys' fees and court costs finally awarded,by reason of, or in connection with: (A)the performance of the Work by the Contractor or its employees, agents, or subcontractors,but only to the extent caused by the negligent acts or omissions or willful misconduct of the Contractor or its employees,agents,or subcontractors; (B)the negligence or recklessness,intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub- contractors or other invitees to the extent caused by such parties; or(C) a material breach of this Agreement by the Contractor,to the extent such breach results in third-party claims. Notwithstanding the foregoing,the Contractor shall not be obligated to indemnify or defend the County to the extent a claim is caused by the sole negligence or willful misconduct of the County or its elected or appointed officials, officers, or employees. The Contractor's obligation to defend shall apply upon tender of a claim,but only to the extent of the Contractor's proportionate fault. This section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement for the period required by applicable law. Insurance: At all times during the term of this Agreement(including any extensions thereof),the Contractor shall maintain the insurance as specified in this section.In the event the Contractor fails to maintain all insurance required by this section,the County reserves the right to immediately terminate this Agreement or suspend all work until the required insurance has been reinstated. Delays in completion of the work resulting from the Contractor's failure to maintain required insurance shall not cause the extension of any deadlines specified in this Agreement, and the Contractor agrees to indemnify and hold harmless the County for any and all increases in cost resulting from such delay. Contractor shall maintain the following coverage: • Commercial General Liability: Contractor's insurance policy shall cover, at a minimum, premises operations, personal injury (including death), property damage, products & completed operations, and blanket contractual liability. If coverage is provided on a Claims Made basis, Contractor's policy must provide for claims filed during the term of this Agreement,and for twelve(12)months after its termination or expiration. Contractor's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The minimum limits acceptable are: $300,000 Combined Single Limit(CSL) • Worker's Compensation: Contractor's insurance policy shall reflect coverage and limits sufficient to meet requirements of Chapter 440, Florida Statutes. • Employer's Liability: In addition to any Worker's Compensation insurance required by this Agreement, Contractor shall maintain Employer Liability insurance. The minimum acceptable limits of liability are S100,000 bodily injury by Accident; S100,000 bodily injury by disease per Employee; $100,000 bodily injury by disease Aggregate. 5 Business Auto Liability: Contractor's insurance policy shall provide coverage for all owned,non-owned, and hired vehicles used in the performance of work under this Agreement. Contractor's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The minimum acceptable limit is: $300,000 Combined Single Limit (CSL). If Split Limits are provided, the minimum acceptable limits are: $200,000 per person; $300,000 per Occurrence; $100,000 Property Damage. Prior to commencement of work under this Agreement, Contractor shall provide to the County Risk Manager satisfactory evidence of the required insurance,which may be a Certificate of Insurance or a copy of the insurance policy. The County reserves the right to request a certified copy of the Contractor's insurance policy. Any deviation from the insurance requirements specified herein must be approved by the County's Risk Manager on an approved Insurance Waiver Form. Insurance Waivers may be requested from the Risk Management Department: Tel: (305) 292-3470; Email: risk—management aymonroecounty-fl.gov. COUNTY FORMS: By signing this Agreement, the Contractor has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Vendor Certification Regarding Scrutinized Companies List and Affidavit Attesting to Noncoercive Conduct for Labor or Services as set forth in more detail in this Agreement. PUBLIC ENTITY CRIME STATEMENT: The Contractor certifies and agrees that neither the Contractor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 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. 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 contracts 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 perform work as a contractor, supplier, or subcontractor 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 36 months from the date of being placed on the convicted vendor list. By signing this Agreement,the 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 the County's competitive procurement activities. In addition to the foregoing, the 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 formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. The 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. 6 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. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS: The Contractor agrees and certifies compliance with the following: Section 287.135,Florida Statutes prohibits a Contractor 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 Contractor is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 21 5.4725,Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a Contractor from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of S 1,000,000 or more, if the Contractor/company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Lists which were created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria and is not on the State Board of Administration's "Scrutinized List of Prohibited Companies" available under the quarterly reports section at https://www.sbafla.com/reporting//. As the person authorized to sign on behalf of Contractor,I hereby certify that the Contractor identified above 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 List,or engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the Contractor 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 Contractor 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 List or been engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. Note: The List are available at the following Department of Management Services Site: hiip://www.dms.myflorida.com/business_operations/state purchasin vendor information/convicte d u .pc r do dJs..cl rrnm. .tcti;r prints vc;r dor Diets NON-COLLUSION AFFIDAVIT: The Contractor,by signing this Agreement, according to law on my oath, and under penalty of perjury, deposes and says that the person signing on behalf of the firm of the Contractor or the bidder making the Proposal for the project described in the Scope of Work has executed the said proposal with full authority to do so and the prices in this bid 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 bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person,partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition. 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 affidavit in awarding contracts for said project. 7 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES:The Contractor is required to provide an affidavit under penalty of perjury attesting that the Contractor 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 threatening 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 of the 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 threatening 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 the Contractor, I certify under penalties of perjury that the Contractor does not use coercion for labor or services in accordance with Section 787.06. Additionally, the Contractor has reviewed Section 787.06,Florida Statutes, and agrees to abide by same. Christine Digitally signed by Christine Hurley COM,ct Hurley Date:2026.03.18 Y 08:28:12-04'00' Signature MONROE COUNTY ATTORNEYS OFFCE APPROVED AS TO FORAM President Commercial Title 35t8TANTGO t1NETV ATTORNEY March 3, 2026 DATE: 1 Q3 2026 Date 8 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU U Ir' e IllJlui�����U„Il�lllllli�� Solicitation Number: 061323 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Tarkett USA Inc., 30000 Aurora Road, Solon, OH 44139 (Supplier). 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 entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Flooring Materials with Related 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 EXTENSION. 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 expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES Rev. 3/2022 1 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 which they are intended. Supplier's dealers and distributors must agree to assist 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 Sourcewell a current means to validate or authenticate Supplier'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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 and Products that are acceptable to the Participating Entity. Supplier must 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 anytime 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 electronically 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU • Identify the applicable Sourcewell 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 • Include a complete 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. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and 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, interlocal, 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 any 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 Sourcewell. 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. Supplier's employees 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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/PARTICIPATING 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 REQUIREMENTS. 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. Sourcewell, 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, immediately 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 2. 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 will be determined by the Participating Entity making the purchase. Rev. 3/2022 5 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. 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 Sourcewell 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 (i.e., 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 Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Products provided to Rev. 3/2022 6 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 Sourcewell 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 Sourcewell under this Contract. Notwithstanding anything to the contrary, Supplier must pay Sourcewell 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 Sourcewell 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, Sourcewell reserves the right to cancel this Contract and reject any proposal 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 Sourcewell in writing. 10. 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 7 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably 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. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any 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 Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell 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 Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell Rev. 3/2022 8 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU under this Contract and as it applies 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 materials 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. 2. 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 granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use, Quality Control. 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, websites, and the like bearing the other party's name or logo (excepting Sourcewell'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 Sourcewell's written 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 releases, 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, publications, or services provided resulting from this Contract. Rev. 3/2022 9 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell 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 proceedings 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 MAJEURE 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. SEVERABILITY 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 dispute 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 Supplier 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU work, the Supplier will bear any additional costs incurred by Sourcewell 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 default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming 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 insurance company(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 $500,000 policy limit for bodily injury by disease $500,000 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 than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits 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: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. 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 on 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 computer 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 default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell 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 Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, 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 Sourcewell, 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 policy 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 insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all 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 subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this 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. All Equipment, Products, or Services provided under this Contract must comply fully with 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, state/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 Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell 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. 3/2022 13 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it 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-UNITED 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 clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 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 laborers 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 must 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 awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public 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$100,000 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 materials 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 an award for all contracts by Sourcewell 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 THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 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 applicable requirements as referenced above. Rev. 3/2022 15 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System 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 excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 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 AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay 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 any lobbying with 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 REQUIREMENTS. To the extent applicable, Supplier must comply with 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 American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.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 making audits, examinations, excerpts, and transcriptions. The Rev. 3/2022 16 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU right also includes 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. § 200.322). 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 quantity 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 SEAL(S), LOGOS, AND FLAGS. The Supplier 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 any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False 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 certifies 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 OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). 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, must 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 applicable 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 C.F.R. § 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 Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Tarkett USA Inc. DocuSigned by: DocuSigned by: ,�WUM� S(6AYfAj Iusf� 36o u, By: COFD2A139D06489 By: 430710BA27F44AD . Jeremy Schwartz 7 Rusty Joyce Title: Chief Procurement Officer Title: President-Commercial 8/10/2023 1 3:24 PM CDT 8/10/2023 1 12:40 PM PDT Date: Date: Approved: 'DOCUSSAigned bAy':I I{1-'� By: E 48BAF7180894454... Chad Coauette Title: Executive Director/CEO 8/11/2023 1 8:04 AM CDT Date: Rev. 3/2022 18 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 RFP 061323 - Flooring Materials, with Related Supplies and Services Vendor Details Company Name: Tarkett USA Inc. 30000 Aurora Rd Address: Solon, Georgia 44139 Contact: John Sumlin Email: John.Sumlin@tarkett.com Phone: 706-281-2791 Fax: 706-259-2657 HST#: 63-1185575 Submission Details Created On: Tuesday April 25,2023 08:06:51 Submitted On: Tuesday June 13,2023 12:26:11 Submitted By: John Sumlin Email: John.Sumiin@tarkett.com Transaction#: 743e79e7-dff6-459e-805e-c0a59b52afef Submitter's I Address: 104.129.207.98 Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 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 "N/A" if the question does not apply to you (preferably with an explanation). Line Question Response* Item 1 Proposer Legal Name (one legal entity only): Tarkett USA Inc. (In the event of award, will execute the resulting contract as "Supplier") 2 Identify all subsidiary entities of the Proposer Johnsonite by Tarkett whose equipment, products, or services are included in the Proposal. 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 1 or Line 2 above. 4 Provide your CAGE code or Unique Entity QJQCMQY6HRF5 Identifier (SAM): 5 Proposer Physical Address: 30000 Aurora Road Solon OH 44139 6 Proposer website address (or addresses): www.tarkett.com 7 Proposer's Authorized Representative (name, Rusty Joyce, President-Commercial title, address, email address & phone) (The 30000 Aurora Road, Solon OH 44139 representative must have authority to sign Rusty.Joyce@tarkett.com the "Proposer's Assurance of Compliance" on 706-281-2730 behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 8 Proposer's primary contact for this proposal John Sumlin, VP Strategic Accounts, Education (name, title, address, email 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.collins@tarkett.com 706-281-2730 Table 2A: Depth and Breadth of Offered Equipment Products and Services Line Question Response Item 10 Provide a detailed description of the The Tarkett family has grown strategically through the years to provide the industry's products, and services that you are offering most comprehensive portfolio of sustainable flooring solutions, Service solutions in your proposal. including cutting-edge design and technologies from Johnsonite and formerly Tandus Centiva. All the same great flooring and accessories you've trusted for years, now offered within the Tarkett Solution SPECtrumTM. Modular Carpet Tiles & Planks 2424, 18x36, 9x36 sizes PVC Free + Cushion Backed Options Ethos@ Modular Backing with Omni-Coat TechnologyTM PVC Free, Silver C 2C, eliminates pH, RH and MVER testing. Flex-Aire TM 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 Desking Solution Powerbond@ A 6'0" W 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@ 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 Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 relative humidity (RH) testing is needed, reducing install costs and time. Powerbond is impermeable to moisture; welded seams create wall-to-wall moisture barrier. Broadloom Tarkett manufactures award-winning designed broadloom and a reputation for superior quality. Our tufted broadloom epitomizes sophisticated design and work in tandem with all Tarkett soft and hard surface platforms offering solutions for Workplace, Senior Living, Healthcare, Hospitality and Education. Multiple backings support performance, budget and acoustic requirements. Woven Tarkett's wovens represent the ultimate in luxury and performance. Drawing on weaving techniques handed down through centuries, our design team's contemporary approach to woven broadloom offers an elegant, high end aesthetic in a vast range of designs and colorways for the fractional luxury component in any commercial environment. Luxury Vinyl Tiles & Planks (LVT) Tarkett LVT offers a wide range of sizes, shapes, textures and patterns designed to withstands heavy traffic, with extra resistance to scuffs, scratches and stains. Our patented TechtonicTm advanced polyurethane technology is a massive shift forward in performance for hard surface floors. Techtonic offers 40% better scratch resistance, 18% better abrasion resistance and 50+ million square feet delivered without a claim 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, helping create quieter, more productive workspaces. Install Even Plane alongside carpet tile— without transition strips— for additional comfort and delineation of space. With a 32- mil wear layer and state-of-the-art Techtonic® protection, Even Plane raises the grade on performance, while keeping your feet on even ground. Adaptt LVT with SureSetTM technology is designed to drastically reduce the time and expense of your next floor installation. A unique 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 site. 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 flooring combines a broad portfolio of patterns and colorways with high performance for schools, hospitals and other high traffic areas. From heterogeneous sheet composed of several layers, including a printed 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 environment. Linoleum 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 linoleum is made from 94% natural raw materials (linseed oil, wood and cork flour, and resins) and is treated with our unique xf1surface protection for durability, easy cleaning and cost- effective maintenance. Tarkett linoleum is the world's first to be certified Cradle to Cradle. Rubber Flooring Tarkett rubber flooring offers the largest collection of colors, patterns and textures in the industry. Naturally slip resistant, shock absorbing and underfoot comfort, Tarkett Rubber flooring is perfect for environments that require high performance, durability and acoustic enhancement. Tarkett Rubber has endless custom capabilities, perfect for branding and way finding. Composition Tile Composition tiles provide economic value and a multitude of patterns, colorways and quality options to optimize performance across a number of high traffic installation areas. Composite tiles are budget friendly and withstand heavy foot and rolling 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 static dissipative and static conductive flooring solutions engineered to keep sensitive environments such computer rooms, data centers, laboratories, clean rooms and ESD-sensitive areas in hospitals and the electronics and equipment they house safe. Our SDT solutions cover a range of product categories designed to coordinate with colorways and products with in the Tarkett Solution SPECtrumTM Sports I Multi Function Flooring From multi-use gym flooring to competitive basketball courts and yoga studios, sports surfaces need to be adapted to different activities and levels of competition. With every sports flooring solution, we provide the knowledge and expertise to make each project a success. Specialty Applications There are often special spaces within a commercial Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 environment that need unique flooring solutions to optimize performance or contribute to safety. Tarkett offers solutions for Acoustics JEnhanced slip resistance Resistance to oil and grease I Electrical resistance and static dissipation] Safe egress I Tarkett's portfolio of specialty flooring coordinates with all Tarkett products. Wall Base That detail between the wall and the floor that brings the whole space together. Our portfolio of options is the strongest in the industry. Tarkett offers more profiles, colors and finishes to compliment your interior space than any other flooring manufacturer. Our wall base product lines are designed to perform, contribute to safety and reduce install schedules. If an architectural/wood detail is desired Tarkett Millwork® is a perfect solution, eliminating variable fabrication costs and assuring reduced maintenance costs. Millwork® Masquerade offers endless custom capabilities to match finishes or unique, branded design. Stairwell Management Proper stairwell management minimizes risk by balancing safety and performance, leading to a measurable long- term return. Our integrated stairwell management system includes rubber and vinyl treads, nosing and accessories that enhance the flow of a space, allowing people to move safely and comfortably. Available in a broad array of profiles, textures, patterns and colors to compliment interior finishes and architectural details. Finishing Accessories In high-performance environments, every element works together to create synergy. Interior designs must meet the recommendations of the Americans with Disabilities Act (ADA). To help, we offer an entire family of finishing accessories that will comply with regulations while complementing the existing finish elements. Installations Accessories From Tarkett TAPE TM for floating, configurable modular carpet installations to RoIISmartTM, an easy-to-apply LVT adhesive that facilitates faster installation, we measure the total cost of installation and ownership and to improve productivity and reduce cost. Turnkey Installation Services SourceOne® Services channels all 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 manufacturing, Flexible, preferred flooring procurement, furniture lift, delivery and installation, existing flooring recycling, maintenance training, long-term onsite support, ImaginationSTM Custom Design Logo and inset Floor Program We have attached a product brochure as well, or you can access via: https://tarkett- my.sharepoint.com/:b:/p/John_sumlin/ESBUxO5STBFHsKw77sMiwrABwY4PvTgeBppcM8g Xt3JMRw?e=bORzKc 11 What levels of service (material only, turnkey, Tarkett is proposing: 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 detail the following elements MWBE designations to help with participating agency needs for MWBE set side (Lines #14-16) of installation services. dollars and local business investment. Tarkett also created the first manufacturer lead installation services group in the industry. Blockbuster Video came to us in late 1980s seeking a multi-site solution that allowed them to use our Powerbond 6' carpet product with installation services with one point of contact, combined material and labor warranties, and multi-site project management. Our Source One services was then created and has grown substantially. The industry has followed, and most major mills now offer a "Source One" like turnkey service solution. 14 How does the Participating Entity select an Tarkett supports the participating agencies willingness and desire to support any of installer? our install options covered in our answer to question 13. If a preferred dealer is not currently "approved" Tarkett can evaluate and add dealers to our network to support participating agencies. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 15 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 installers and maintenance providers on a jurisdictions where work is performed? regular basis across all our segments (Workplace, Health Care, Hospitality, Retail, ED/GOV 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 Tarkett's 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 partner's first job with us. This allows us to personally 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 U.S. States as required. 16 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 provided in the upload section. to use? If so, please upload a copy with response. Table 2B: 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 in the text box provided, as necessary. Line Item Category or Type Offered Comments 17 Resilient r Yes r` No 18 Ceramic r: Yes Ceramic options will be made available r No on a case-by-case basis as a Furnish and Install (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 (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. 20 Wood r Yes r: No 21 Hardwood r Yes r No 22 Laminate f•Yes r No 23 Rubber r: Yes r No Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 24 Vinyl r: Yes r No 25 Broadloom Yes No 26 Carpet Tile r: Yes r" No 27 Epoxy r: Yes Epoxy options will be made available on r No a case-by-case basis as a Furnish and Install (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. 28 Flooring hybrids r: Yes r No 29 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 flooring materials complementary to the offering above (Lines #17 - 30) 32 Services related 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 cleaning of flooring materials complementary to the It is highly important to include floor care offering above (Lines #17 - 30) into a flooring project and a flooring contract. Appropriate floorcare 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 replacements. 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 Line The Pricing Offered in this Proposal is:* Comments Item 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 during the term of an awarded Contract as described in the RFP,the template Contract, and the Sourcewell Price and Product Change Request Form. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Item Question Response 34 Describe your pricing model (e.g., line-item discounts or Tarkett's pricing model is a line item discount off the market list product-category discounts). Provide detailed pricing data price. The discounts range varies by product line with the greatest (including standard or list pricing and the Sourcewell discounts offered on product solutions in greatest demand. Our discounted price) on all of the items that you want product catalog shows the product/style name, list price, discount off Sourcewell 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 smallest need (i.e. one carton) up to large Upload your pricing materials (if applicable) in the renovation projects. Tarkett will treat each project independently and document upload section of your response. consider market conditions, volume, project scope to offer best value pricing on every job. We are a quality material manufacturer that specializes in suppling commercial grade materials. We are ideally suited for the participating agency members at Sourcewell. Our labor price list offer an extensive selection of services. To cover all areas with varying economic trends, we provide a Not-to- Exceed Price for each service in a format including 7 specific regions of the U.S. (identified by states included in each). This price list will allow an entity to budget a project, knowing it will not exceed the price in their region. The labor schedule allows for standard rates as well as prevailing wage. 35 If Proposer is including installation services within its Our extensive list of services allows our approved flooring proposal, please describe how installation services will be contractors and our in house installation group (Source One) to priced, including applicable labor rates that may apply. How break any project down item by item for a comprehensive proposal will Proposer address any prevailing wage requirements of showing products and installation. Our Labor Price List includes Participating Entities? Prevailing Wage pricing for every service in every region Sourcewell Serves., Our approved flooring contractors and Source One installation Partners are highly trained managing this type of project. 36 Quantify the pricing discount represented by the pricing Tarkett is providing a discount off list pricing. Percentage discounts proposal in this response. For example, if the pricing in vary depending on product platform 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. Modular Tile: 28 to 52% Powerbond: 29 to 57% Luxury Vinyl Tile: 27 to 51% Resilient (including but not limited to sheet vinyl, rubber, wall base): 20% Broadloom/Woven: 23 to 49% 37 Describe any quantity or volume 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, job location and other market factors that will offer further savings. 38 Propose a method of facilitating "sourced" products or Tarkett has the most comprehensive commercial flooring product line related services, which may 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 install allowance. This permits a participating agency may supply such items "at cost" or "at cost plus a member to complete a flooring project with materials we may not percentage," or you may supply a quote for each such manufacturer but are needed to complete the project. We do not request. include every flooring option, but a majority of what a participating agency member needs to complete a flooring project are included. 39 Identify any element of the total 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 project. In some cases, orders may be subject This includes all additional charges associated with a to a roll cut 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 applicable. delivery inspection, installation, set up, mandatory training, For Source One Turnkey service proposals we will include all or initial inspection. Identify any parties that impose such services necessary for a project based on a site visit performed by costs and their relationship to the Proposer. our installer. We work diligently to avoid any need for Change Orders, although they sometimes come up unexpectedly during a project (for example: upon Removal of existing floorcovering, a need for extensive Floor Prep may be identified due to a problem that was not originally visible). Each proposal will also include a list of exclusions for the customer's convenience. The customer will see a full cost of each project on their proposal, including freight, sales tax, and even the California Assessment Fee for jobs in that state. 40 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 in detail the deliver its products. Product pricing does not include freight and will complete freight, shipping, and delivery program. be prepaid and added as a separate line item on the invoice. 41 Specifically describe freight, shipping, and delivery terms or Tarkett USA Inc. uses independent, third-party, freight carriers to 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 Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 42 Describe any unique distribution and/or delivery methods or The approved dealer partners servicing Sourcewell members and options offered in your proposal. their local markets have access to Tarkett and Johnsonite resilient inventory maintained by over 275 Tarkett distribution partners across the country, in addition to the stock at Tarkett warehouses. This supports faster delivery for many products and reduces lead times. Tarkett distributors receive shipments at least weekly to replenish stocked items as well as those needed on a project basis. This distribution network offers End Users some freight costs savings due to scheduled pool truck delvers that create economies by pooling shipments and maximizing freight discounts. Tarkett has perfected this delivery system. Table 5: Payment Terms and Financing Options Line Question Response* Item 43 Describe your payment terms and accepted payment Tarkett accepts the payment methods below: methods. - Wire - 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 Bill Trust account. There are no service fees for any payments, however, there is a $25,000.00 limit on payments by credit card. 44 Describe any leasing or financing options available for use Tarkett does not offer any leasing or financing options to educational by educational or governmental entities. or governmental entities 45 Describe any standard transaction documents that you We have uploaded our standard terms in the document section. propose to use in connection with an awarded contract The document further defines area like: (order forms, 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 *Custom Products response. *Asbestos Abatement *Floor Preparation *Labor Exclusions *Lead times *Returns/Cancellations 46 Do you accept the P-card procurement and payment P Cards are accepted via online Bill Trust. This option does process? If so, is there any additional cost to Sourcewell require members to register for a no cost Bill Trust account. There participating entities for using this process? is no additional service fee to pay with this option. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Table 6: Audit and Administrative Fee Line Question Response* Item 47 Specifically describe any self-audit process or program that you Tarkett has a dedicated Alliance Number that is used in plan to employ to verify compliance with your proposed Contract tracking all sales to Sourcewell members. We communicate with Sourcewell. This process includes ensuring that Sourcewell this number to members and dealer partners and it ensures participating entities obtain the proper pricing, that the Vendor that not only proper pricing is given to members but also reports all sales under the Contract each quarter, and that the tracks all sales for reporting and payment of the CAF fee. Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Tarkett's local account representatives will also randomly Sourcewell as described in the Contract template. audit the installing contractors that buy flooring and provide service to the Sourcewell member to ensure contract compliance and understanding. The Sourcewell member must make it dear that they have the "desire and ability" 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 proposals 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 will pay to Tarkett USA Inc. will offer Sourcewell a 2% contract Sourcewell for facilitating, managing, and promoting the Sourcewell administrative fee (CAF) payable on net agreement 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 agreement 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. Member's cost of goods. (See the RFP and template Contract for Participating Entities (i.e., States or other participating additional details.) agencies) that sign a participating addendum to the Tarkett Sourcewell contract may demand their own administrative fee from Tarkett in addition to the Sourcewell CAF. In the event that a participating entity demands a CAF from Tarkett, Tarkett will pay a maximum of 2% in CAF total between Sourcewell and the participating entity. Table 7: Company Information and Financial Strength Line Question Response* Item 50 Provide a brief history of your company, Tarkett's leadership position in the flooring industry is the result of 140 years of including your company's core values, experience, and builds on the talent, values and commitment of generations of business philosophy, and industry longevity entrepreneurs. Tarkett, originally known as Allibert & Sommer, our heritage of related to the requested equipment, products performance and innovation began in Paris in the late 1800s. Through our or services. acquisitions of Johnsonite, Tandus Centiva and Lexmark, we've brought a complete portfolio under the Tarkett name that meets the needs of any market segment, including Hospitality, Workplace, Education, Government, Healthcare, Retail, Multi- Family and Residential. With Tarkett, you can easily select a flooring platform for the specific needs of every space—and design with materials that don't just look beautiful, but function well. Our full palette of colors, patterns and textures is coordinated to work together visually across platforms, letting you easily carry a design aesthetic throughout an entire floorplan. While our methods have evolved, our process still begins with careful consideration of the goals held by those who live, work, and play on our surfaces each day. Taken together, we call our mixture of craft, science, and purpose Tarkett Human- Conscious 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) Remaining with you, every step of the way Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 51 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 leadership we currently provide Sourcewell and Sourcewell participating agencies. We also expect to continue to collaborate with Sourcewell for marketing and trade shows as well as attend Sourcewell events like Sourcewell University and H2O Supplier Forum. Continuing these will further grow our partnership and will enhance the participating agencies experience using Sourcewell and Tarkett. Tarkett has continued to work with and collaborate with the Sourcewell 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 examples of our thought 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 COVID was just the tip of the iceberg. The real emphasis was how we use what we learned and move into a collaborative 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 major 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 but 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 values in space, better Indoor Air Quality (IAQ) 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. This has led to discussions and an opportunity to create High Performance product offerings to K12 schools that can use best in class procurement sourcing (Sourcewell) and CHPS K12 building rating system for high 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, Sourcewell and Tarkett). The award of this RFP will continue to grow these relationships 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 Centiva at that time) introduced and drove this endorsement with CASBO. Tarkett's longstanding relationships at CASBO brought this idea forward and help execute this endorsement. Sourcewell is now the Department of General Services (DGS) CMAS (California Multiple Award Schedule) contract. Tarkett and Sourcewell has benefited due to this work. The NJPA press release is attached for reference. We hope to continue our long 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 qualified to continue to grow Sourcewell and strategic sourcing. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 52 Demonstrate your financial strength and To demonstrate our financial strength and stability, we have attached our financial stability with meaningful data. This could statements. Our Net sales for 2022 was 3,358.9 (million Euros) and for 2021 was include such items 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 triangulated and is only an estimate. Carpet Roll 10+ % Carpet Tile 10+% Heterogeneous Sheet Vinyl 5% Homogeneous Sheet Vinyl 15% Linoleum 10% LVT (Luxury Vinyl Tile) 10+% Rubber 7% VCT (Vinyl Composition Tile) 12+% Wall 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+% Heterogeneous Sheet Vinyl 19% Homogeneous Sheet Vinyl 58% 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 distributor/dealer/reseller, services and a maintenance leader with our alliances in floorcare. or a service provider? Answer whichever Tarkett has a direct sales force of over 180 + employee salespeople in North question (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/dealer/reseller (or similar entity), vertical markets in our approach and strategy. We focus on Education and provide your written authorization to act as a Government as a core competency because of our unique high quality commercially distributor/dealer/reseller for the manufacturer focused line of flooring. The industry has served residential customers first and of the products proposed in 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 ED/GOV often requires. Our sales 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 patty? 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. organization during the past ten years. Table 8: Industry Recognition & Marketplace Success Line Question Response'* Item Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 58 Describe any relevant industry awards or 2023 recognition that your company has received Green Good Design Award, LinoFloor/LinoWall and Inspired Nature in the past five years. Interior Design NYCxDESIGN Award Finalist, Even Plane and iQ Granit/iQ Eminent Fishman Flooring Solutions Vendor Partner of the Year MetropolisLikes Award - Collabrative Collection 2022 Metropolis LIKES (NYCxDESIGN), Renewal Series Interior Design (NYCxDESIGN), Renewal Series Metropolis LIKES @NeoCon, Inspired Nature Spaces4Learning New Product Awards (K-12 and Higher Ed), iQ Granit/iQ Eminent Architizer A+ Product Awards Finalist, Inspired Nature Metropolis Planet Positive Award and Editor's Pick, LinoFloor/LinoWall Interior Design Best of Year Finalist, Inspired Nature and iQ Granit/iQ Eminent Good Design Award, Inspired Nature and LinoFloor/LinoWall EFA Expo's Editor's Picks, Renewal Series Starnet Design Awards—included in multiple winning projects 2021 HiP Award Finalist, Workplace: Carpet category, Meta Firma Collection Best of NeoCon Hard-Surface Flooring: Natural Materials, Color Splash Good Design Award, FlightPath & AirSpace, Tatami System 2020 EPA Encouraging Environmental Excellence Award — Middlefield facility Azure Magazine AZ Award Winner, iD Mixonomi Interior Design Best of Year Finalist, Light Shift Collection NYCxDESIGN Award Finalist, Drop Cloth 2019 ASID Design Impact Award, Garden Walk at EFA Starnet Design Awards — Part of multiple winning projects Designer Pages Spec Stars: http://media.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: iD Mixonomi HiP Awards Finalist in the Innovative Manufacturing Process category, Tatami 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 Interiors+Sources: 2019 Readers Choice Awards, iD Mixonomi Good Design Award, Tatami System and FlightPath & AirSpace Interior Design Best of Year Award, iD Mixonomi Interior Design Best of Year Finalist, Tatami System and iD Mixonomi AN Products of the Year: Honorable Mention: Tatami System in Textiles category Honorable Mention: iD Mixonomi in Finishes + Surfaces — Indoor category Architizer A+ Awards Finalist, Pentagonals Interiors + Sources Reader's Choice Best Products, iD 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 growth in these sectors for 2023 YTD. 60 What percentage of your sales are to the 25+% education sector in the past three years? Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 61 List any state, provincial, or 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 * Omnia 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 10-20% of the overall sales. 62 List any GSA contracts or Standing Offers Tarkett holds a GSA Contract GS-27F-0032, contract sales volume 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. Entity Name Entity Type* State/ Scope of Work* Size of Transactions* Dollar Volume Past Three Province* Years* Large School 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 Products utilized include 3.5 million per year 8.5 million District Powerbond carpet, LVT, resilient and eSource One Turnkey installation services. Large faith Non-Profit Utah-UT Products utilized include 3.5 million per year 8.5 million based Powerbond and modular tile organization carpet products as well as Source One Turnkey installation services. Large School Education Texas-TX Products utilized include 2.5 million per year 7 million District Resilient, Powerbond and modular tile carpet products as well 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. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Table 10: References/Testimonials Line Item 64. Supply reference information from three customers to whom you have provided equipment, products, or services similar to the solutions sought in this RFP and who are eligible to be Sourcewell participating entities. Entity Name* Contact Name* Phone Number* Sarasota County Schools, FL Don Hampton (941) 927-9000 ext 68835 Director of Facilities Don.hampton@sarasotacountyschools.net Pasco County Schools, FL Carey Llazari (727) 774-7952 Const. Services Project Coordinator cIIazari@pasco.k12.fl.us Cypress-Fairbanks ISD Roy J. Sprague, Jr., AIA, CSI, ALEP, LE Fellow (281) 897-4108 Chief Operations Officer Table 11: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell 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 party), and any overlap between the sales and service functions. Item Question Response* 65 Sales force. 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. Tarkett maintains a strong segmented sales force that allows us to speak directly to our markets. SLED (State Local & Education) market is made up of facility administration, Maintenance and operations, Design and construction, flooring contractors, distribution partners, architects/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 consultative manner. 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 Sourcewell 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. US 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 local 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: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 68 Describe 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 CustomerCareWest@tarkett.com Participating Entities. This may include a Central CustomerCareCentral@tarkett.com step by step process identifying who is East CustomerCareEast@tarkett.com responsible for meeting the needs of the Participating Entity at each stage of delivery. Each PO will require: Sourcwell Alliance Number: 168119 Product Name/Color/Amount needed Billing and Ship too Addresses The Customer Service team will confirm receipt of order request, advise of shipment date as well as provide 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 Alliance 168119. The dealer partner will ensure they understand the scope of work needed and manage all aspects of the request from start 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. Each PO will require: Sourcwell Alliance Number: 168119 Product Name/Color/Amount needed Billing and Ship too Addresses 69 Please describe the relationship between Tarkett's relationship between our Dealer Partners and Distribution Network is 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 and the environment. In the same respect, our Regional Business Managers support our distribution 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 yearly reviews are conducted to measure not only their performance and service of Tarkett products but also our level of service to them. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 70 Describe in detail the 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-time capabilities and of daily reports for orders entered. commitments, as well as any incentives Order Management — Target: Less than an Average of 1 Sales Order Line per Day that help your providers meet your stated Factored by the number of sales order lines 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 emails, 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/or 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 products 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 the 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, Hawaii, Canada, or US Territories. These areas would be negotiated labor if that is possible or we would provide 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 Line Question Response'* Item Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 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 external 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, led 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 summit 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: https://www.youtube.com/watch?v=QDA5—M558NM a. Tarkett is launching an 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 Sourcewell landing page. Our marketing automation metrics on visits and many 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 this have been very effective in the past and can live on the Sourcewell landing page. c. Salesforce Training with new award with an elite team of AEs 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, A4LE, APPA, ASBO, ACUHOi, and numerous state and local 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 like to implement some videos and featured products and sustainability initiatives. g. Key event(s) 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 and From Jan-April 2023 across all platforms (Linkedln, Facebook, Instagram, Pinterest, and digital data (e.g., social media, YouTube) we have had over 8,000 different engagements across platforms with more than metadata usage) to enhance 125,000 followers. Our main Tarkett sites have a valuable following as well as each marketing effectiveness. Account Executives reach which has a dramatic and personalized relationship impact. We are using marketing automation to track our progress. Our likes per month 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, dealer, 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 nationally and also shared on local personal targeted accounts. This post will include information and a link on the value Sourcewell brings to their members. 79 In your view, what is Sourcewell's role Sourcewell has a goal of reaching the right individuals at participating agencies with their in promoting contracts arising out of clear value proposition. Facilities departments in addition to procurement officials are key this RFP? 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. I 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 Sourcewell-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 from Tarkett leadership. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 80 Are your products or services Tarkett does have an online 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 governmental and educational Check status of your sales order customers have used it. Review order details • Access to Order Confirmations & Invoices Table 13: Value-Added Attributes Line Question Response* Item 81 Describe any product, equipment, As a Tarkett 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 time. We know time is a valuable resource, so we are happy to schedule a visit at Include details, such as whether your convenience. training is standard or optional, • Installation Summits — Tarkett Installers working who provides training, and any with field installers at every experience level costs that apply. Sheet Vinyl and Linoleum 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 5-7 years. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 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. Powerbond Cushion RSO hybrid resilient sheet flooring (hybrid between carpet and resilient sheet flooring) has heterogeneous construction of nylon and closed-cell cushion, the tuft 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 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. Due to all these unique attributes Tarkett Powerbond@ Cushion RS flooring is CERTIFIED asthma & allergy friendly@ —the world's first soft surface flooring to receive this designation. We have provided the press release and an overview of Powerbond Cushion RS in the document upload section or you can visit the third party site directly at: https://www.allergystandards.com/news_events/tarkett-announces-that-powerbond-rs-flooring-is- certified-asth ma-all ergy-friendly/ Ethos@ Omnicoat@ modular carpet tile backing. Tarkett was the first to harness Polyvinyl Butyral (PVB) Polymer found in postconsumer windshields and safety glass over 10 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 recyclers create mountains of film found in disposed of windshields and safety glass during the glass recycling process. We use this film to make ethos@, reducing 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 Tile and Powerbond 6'): 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) repels 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 permanent stain resistant properties, Dynex SD products are treated with, Eco-EnsurerM, a fluorine-free, anti-soil chemistry, for enhanced soil protection/removal, as well as durability to foot traffic. The proprietary Eco-Ensure process/treatment 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 CertifiedTm Gold in the Material Health Category. Tarkett iQ 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 Granit and Optima with iQ construction never need wax or finish. Forever. Period. That is because iQ is not a topcoat or a wear layer. It is a proprietary technology. Also, because you never wax or finish, iQ 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 TechtonicTM is a protective polyurethane floor coating used on our LVT and is 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 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 base was developed based on a customer's challenge of the cost of keeping their wood trim repaired/painted. 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 space. Source One@ turnkey installation management program for Tarkett USA Inc. The department was created in 1991 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. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 83 Describe any "green" initiatives We are often asked to simplify our sustainability story. The truth is that making a positive or Environmental, 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 to your products working hard to make these improvements—because we value your health, and that of our or services, and include a list of environment. In our ongoing efforts to promote sustainability, achieving carbon neutrality is the certifying agency for each. just one more step toward creating a better world. Cradle to Cradle Certified TM 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 tile, Powerbond, LVT, rubber tile, homogeneous and heterogeneous vinyl sheet, and linoleum—all certified Carbonfree® by the Carbonfund 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 company 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. Our membership shows our commit to upholding all the principles on human rights, labor, environment, and anti-corruption that of which the United Nation's Global Compact stands on. 84 Describe 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 with the health and sustainability standards of Cradle to being of our members and others Cradle(D - a methodology that guides our good material choices. And even then, we're (e.g., Low VOC emissions, 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 allergen repellant materials, light ensure they measure up to our exceptionally high health and environmental standards (which reflectant). are often far higher than the recognized industry standards). Our transparency philosophy also led us to create highly detailed Environmental Product Declarations (EPD) and Material Health Statements (MHS) to share detailed information with our customers, collaborators and nOn-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 healthier spaces to live and work, that's not just talk, we mean it. In fact, by following Cradle to Cradle® principles, we have created products with healthy materials that keep VOC emissions low. In fact, our products exceed the strictest industry standards 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 certifications that further prove how we promote the health, quality of life and well-being to Sourcewell 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, labels, ratings, ESG scores or this means putting people and planet first, caring about the environment and the health of certifications that your company present and future generations incorporated by our Tarkett Human-Conscious Design® has received for the equipment or approach. products included in your It is 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 footprint 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 joining forces, we build a stronger foundation - one we can all stand firmly on, Certified, EPDs, 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.Ecomedes.com cycle design (cradle-to-cradle), or other green/sustainability factors. Cradle to Cradle Cradle to Cradle Certified® validates the ecodesign approach based on five criteria: material 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: - ethos® Modular with Omnicoat TechnologyT"' - Cradle to Cradle Silver V3.1 - LinoFloor xf2TM - Cradle to Cradle Silver v3.1 - Rubber Tile Collection — Cradle to Cradle Bronze v3.1 - Baseworks Thermoset Rubber Wallbase — Cradle to Cradle Silver v3.1 In addition to the above, many of Tarkett's adhesives + additives have earned Cradle to Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Cradle Material Health Certificates including: 100 Clear Thin Spread Adhesive 901 Spraysmart Resilient Flooring Spray Adhesive, 905 Releasable Adhesive, 925 Resilient Flooring Adhesive, 926 Rubber Sheet & Vinyl Flooring Adhesive, 959 Vinyl Tile and Plank Adhesive,960 Wall Base Adhesive, 986 Terra Turf Adhesive, C-12E Pressure Sensitive Adhesive,C-56 Premium Floor Primer, C-EX Adhesive, Greenbond B-19 Broadloom Adhesive, Rollsmart Carbon Footprint + Science Based Targets Science Based Targets: Tarkett committed in 2021 to reducing its whole value chain emissions by 30% by 2030 compared to 2019, and submitted its short-term 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 it 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 90% of Tarkett's overall GHG emissions. Tarkett has published Product Specific EPDs for the below products: - ethos® Modular with Omnicoat TechnologyTH - Powerbond - Flex-Aire - Baseworks - Rubber Tile Collection - HO Product Range - Acczent Range - Even Plane - LinoFloor XPTM 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 information, drive collaboration on sustainability 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 100 ppm - ethos® Modular with Omnicoat TechnologyTM - Baseworks - Rubber Tile Collection - HO Product Range - Acczent Range - Even Plane - LinoFloor xf2TM Declare Label: - ethos® Modular with Omnicoat TechnologyTM - LinoFloor xf2TM - Rubber Tile Collection Indoor Air Quality Since 2011, Tarkett has been a pioneer in developing flooring with low or ultra-low levels of Volatile Organic Compounds (VOC) emissions in nearly all of its product ranges. Tarkett offers products with total VOC emissions that are 10 to 100 times lower than the most stringent world standards. This effort had been recognized by several certifications:99% of Tarkett's products (globally) are tested and comply with the appropriate VOC test. The testing scopes used are: - Floorscore Certification - CRI Green Label Plus - Greenguard Asthma + Allergy Certification: Tarkett North America offers and commercial flooring solutions that have been certified asthma & allergy friendly® by AAFA (all FiberFloor@ vinyl ranges as well as other products such as iD Inspiration®, Acczent, several laminated ranges, and a soft surface flooring with Powerbond® RS). For flooring to be certified asthma & allergy friendly®, AAFA's independent third-party testing must show that the floor is 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: - iD Latitude - iQ collection - Acczent collection - Performa - Powerbond RS ReStart Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Tarkett is committed to building a circular economy, notably through the collection and recycling of used flooring and sports surfaces. ReStari@ is Tarkett's flagship program for flooring waste collection. From 2010 — 2022 Tarkett (globally) has collected 115,000 tons. 86 Please identify whether Proposer Tarkett 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 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 acquisition/ownership 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 use/life. Powerbond - a hybrid resilient sheet flooring is a closed-cell cushion backing that is inseparable (cannot delaminate 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 condition. 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 tell 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 world's 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 workspaces. The BrillianceSM Digital Color System from Tarkett is about so much more than color. It's about working more efficiently. Getting more done in the hours we have. Feel more confident in our material selections—all 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 samples—all in one virtual place. By getting the right color match every time, 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 flooring products, wall base, stairwell management and finishing accessories. When you don't see the exact color you need, create it. Tarkett's custom coloring 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, Johnsonite's stairwell management system helps 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. IMAGINATIONS/FLOOR ART may include but are not limited to logos, mascots, or images that are unique or repeated designs (animals, stars, flowers, etc.). Tarkett 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 line 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 design vision a reality. Tarkett's YouTube channel (https://www.youtube.com/@TarkettContract) provides members with helpful videos on areas like customer testimonials, 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, iQ offers outstanding performance and the industry's lowest life cycle costs. In addition to extreme resistance to wear, stains, and abrasions in high-traffic areas; Tarkett's Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 proprietary iQ technology eliminates the need for refinishing over the life of the floor; 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 anti-slip are also available. TechtonicTm Tarkett TechtonicTM 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 stains—defending both your floors, and your peace of mind. Tarkett's vision is to continue to grow relationships that foster strategic sourcing and Sourcewell. We believe this makes us uniquely qualified to continue to grow Sourcewell and strategic sourcing. These are 3 examples of our thought 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 COVID was just the tip of the iceberg. The real emphasis was how we use what we learned and move into a collaborative 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 major 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 but 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 values in space, better Indoor Air Quality (IAQ) 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. This has led to discussions and an opportunity to create High Performance product offerings to K12 schools that can use best in class procurement sourcing (Sourcewell) and CHPS K12 building rating system for high 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, Sourcewell and Tarkett). The award of this RFP will continue to grow these relationships 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 Centiva at that time) introduced and drove this endorsement with CASBO. Tarkett's longstanding relationships at CASBO brought this idea forward and help execute this endorsement. Sourcewell is now the Department of General Services (DGS) CMAS (California Multiple Award Schedule) contract. Tarkett and Sourcewell has benefited due to this work. The NJPA press release is attached for reference. We hope to continue our long and strong partnerships into the future. Table 14A: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure.You may upload representative samples of your warranty materials (if applicable) in the document Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 upload section of your response in addition to responding to the questions below. Line Question Response* Item 88 Do your warranties cover all products, parts, and Yes, Tarkett products have varying commercial warranty time frames. labor? *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 tile and planks — we offer a range of LVT lines that offer various warranties including 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 10 year warranty *Rubber Products- 5 years *Wall base and accessories — 2 years *Labor provided by Source One Turnkey — 3 years You can search the full warranty details at https://commercial.tarkett.com/resou rce-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 Tarkett 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 full warranty details at https://commercial.tarkett.com/resou rce-center/specifications-warranties 90 Do your warranties cover the expense of Yes, products must have been properly installed in accordance with Tarkett's technicians' travel time and mileage to perform published guideline and Tarkett adhesives must be used. warranty repairs? 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 details at https://commercial.tarkett.com/resou rce-center/specifications-warranties 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 Sourcewell 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. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 93 What are your proposed exchange and return Soft Surface Products: programs and policies? *Customer 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. *Material 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, Adaptt 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: •Customer 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. *Material 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. NOTE: 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 Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Table 148: 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 representative samples of your performance materials (if applicable)in the document upload section of your response in addition to responding to the questions below. Line Question Response Item 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 ASTM 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. And 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 in a timely 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 job 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 standards 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 programs, 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 find 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 had for Source One in 2023 (Jan- May), with a response rate of 22% (national average is 12.4%) and an NPS score of 96 (national average ranges from 25 to 40). Exceptions to Terms, Conditions, or Specifications Form Only those IRroposeir Exceptions to Terms, Conditions,or Specifications that have Ibeeini accepted by Sourcewell have been incorporated iinrto the contract 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 Sourcewell. 3. Sourcewell may reject any response where any document(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 zipped 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 Plan category save the document as"Marketing Plan." Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. 000uoign Envelope ID: aoso41zo-6pAo-4001-9osnoanaea1za000 * Pribcinq'Tark»#Gourcowo| Catalog for RFP0O1323.pdf' Tuesday June 13. 2O2312:18:5O * Financial Strength and Stability'Table 7_52. Tarko�Financial a��ment4df' Fhday June O9. 2O231O:3S:54 * 'K4a�e�ngGam�oo.zip' Monday June 12. 2O2312:34:16 * VVK4BE/MBE/SBEorRelated Certificates (optional) * Warranty Information 'Tab|o 14a VVamanty.zip' Friday June 08. 2023 15:10:45 * Standard Transaction DocumenLSamples'Standard dooumento.zip'Friday June U9. 2O2315:45:5O * Reauested ExceDtions'Table 15_97 Terms ned|inao.doox' Friday June U9. 2O231U:41:13 * Upload Additional Document'Additiona| Dooumontezip' Monday June 12, 2023 08:02:30 Bid Number: RFP881323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in 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. 3. 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 under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly 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 trade or competitiveness in 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 could 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. 5. 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 solicitation. 6. 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. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. 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 Sourcewell Members under an awarded Contract. 9. The Proposer will 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, subdivision 4, all 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 Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the"Specially Designated Nationals and Blocked Persons"list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasuryaov/ofac/downloads/sdniist.pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.aov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. ry By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this 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 enforceability 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 contemplated in the bid. r- Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and pages attachments(if applicable) Addendum_7_RFP_061323_Flooring 1 Fri June 2 2023 03:02 PM Addend um_6_RFP 061323_Flooring Tue May 30 2023 03:03 PM 1 Addend um_5_RFP_061323_Flooring 1 Tue May 23 2023 03:08 PM Addend um_4_RFP 061323_Flooring 2 Thu May 18 2023 01:36 PM Addendum_3_RFP_061323_Flooring 1 Wed May 17 2023 04:25 PM Addend um_2_RFP 061323_Flooring 1 Tue May 16 2023 03:20 PM Addend um_1_RFP_061323_Flooring P 1 Tue May 9 2023 09:07 AM Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. "��,jk¢4ME W�. 0 Y Soumewell RFP #061323 REQUEST FOR PROPOSALS for Flooring Materials with Related Supplies and Services Proposal Due Date: June 13, 2023, 4:30 p.m., Central Time 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. 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 [https://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. SOLICITATION SCHEDULE Public Notice of RFP Published: April 25, 2023 Pre-proposal Conference: May 17, 2023, 10:00 a.m., Central Time 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#061323 Flooring Materials with Related Supplies and Services Page 1 I. ABOUT SOURCEWELL A. SOURCEWELL 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 facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell's solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell's Participating Entities procure equipment, products, and services. Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell 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 suppliers' potential pool of end users. Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. USE 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; • Tribal government entities; • Some nonprofit entities; and • Other public entities. In Canada, Sourcewell's contracts are available for use by: • Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • 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 1 Pursuant to HAIR§3-128-2,the State of Hawaii, Department of Accounting and General Services,State Procurement Office,on behalf of the State of Hawaii and participating jurisdictions,has provided notice of its Intent to Participate in the solicitation as a participating entity. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 2 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 ownership 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 the 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, Civiclnfo 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): https://www.sourcewell-mn.gov/sourcewell-for- vendors/agency-locator. 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 Sourcewell 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 officials receive notice and are encouraged to re-post the solicitation opportunity. Proof of publication will be available at the conclusion of the solicitation process. II. 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 that are commonly desired or are required by law or industry standards. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 3 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 include, but are not limited to the following types of flooring solutions; a. Resilient; b. Ceramic; c. Porcelain Tile; d. Wood; e. Hardwood; f. Laminate; g. Rubber; h. Vinyl; i. Broadloom carpet; j. Carpet Tile; k. Epoxy; I. Flooring hybrids; m. Floor mats; n. Rugs; o. 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 may include related equipment, accessories, supplies and services to the extent that these solutions are ancillary or complementary 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 include a services-only solutions. 3. 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 #031022); and, b. Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies (RFP#031622). Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 4 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 and bring to operation the equipment or products being proposed. Sourcewell prefers suppliers that provide a sole source 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 regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities. 1. 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 will 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. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational. 5. Warranty. 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 based on the best interests of Sourcewell and its Participating Entities. Sourcewell retains the right to Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 5 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 transactions from contracts resulting from this RFP are anticipated to be USD $60 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) 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. ADDITIONAL 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 proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion. 3. 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 should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell 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 subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 6. A proposer's documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell 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 III. PRICING A. REQUIREMENTS All proposed pricing must be: 1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Line-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 MSRP 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, or 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 (as applicable). 4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g.,the cost of the proposed equipment, products, 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. ADMINISTRATIVE FEES Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable 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 and 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 Minnesota law may result in the proposal being disqualified from further review and evaluation. 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: 1. 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 30 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-mandatory 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 allow potential proposers to ask questions regarding this RFP and Sourcewell'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-proposal conference attendance is optional. B. QUESTIONS 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 questions 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 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 8 C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP 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 proposal 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 Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. 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 allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues. Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell's support provider at support@ bidsandtenders.ca. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 9 To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. Within the Sourcewell 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 submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential 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 proposal 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 will be 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 Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed 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 Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 10 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 Sourcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the number 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: o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities' use; and o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social 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 proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell 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 50 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 Box 219, Staples, MN 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 Sourcewell's notice of contract award(s) or non-award. and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. 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 original 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. D. RIGHTS RESERVED This RFP 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 an attribute or condition stated by the proposer may be rejected. Sourcewell reserves the right to: • Modify or cancel this RFP at any time; • Reject any and all proposals received; • Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, 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 any 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 • 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 and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer's responsibility to clearly 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 substantially or in their entirety. Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 13 III Sourcewell 05/09/2023 Addendum No. 1 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 14B Line Item 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 allow a proposer to describe any performance standards or guarantees associated with any services offered as part of their proposal. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/09/2023, is required at the time of proposal submittal. III Sourcewell 05/16/2023 Addendum No. 2 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: Will the pre-proposal conference be recorded? Answer 1: A copy of the presentation slides for the Sourcewell pre-proposal conference will be made available to all registered vendors after the completion of the webcast. In addition, assuming no technical difficulties, a link to a recording of the webcast will be shared and posted within the RFP's "Bid Documents" section on the Sourcewell Procurement Portal. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/16/2023, is required at the time of proposal submittal. III Sourcewell 05/17/2023 Addendum No. 3 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: Table 213: 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 Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/17/2023, is required at the time of proposal submittal. III Sourcewell 05/18/2023 Addendum No. 4 Solicitation Number: RFP 061323 Solicitation 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 PO 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. Sourcewell 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 look like. Answer 2: Refer to RFP Section II. F. — Marketing Plan for guidance on the marketing plan requirements. Each proposer, 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? Answer 3: A CAGE or Unique Entity Identifier (SAM) code is not required to be considered for or awarded a Sourcewell contract. Proposals are evaluated 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 061323 posted to the Sourcewell Procurement Portal on 05/18/2023, is required at the time of proposal submittal. 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 an award, what are you really referring to? Answer 1: In the competitive process, Sourcewell 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 061323 posted to the Sourcewell Procurement Portal on 05/23/2023, is required at the time of proposal submittal. .Sourcewell U�� �PIiNi� 05/30/2023 Addendum No. 6 Solicitation Number: RFP 061323 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 Addendum: 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 pm to 12:00am (EST). The remainder of the RFP content and the solicitation schedule remains 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. Sourcewell U�� jPI�Ni�N° 06/02/2023 Addendum No. 7 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: Item 97: To identify any exception, or to request any modification, to Sourcewell 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 Sourcewell 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 the Bid Details page of the Sourcewell Procurement portal. The Contract Template contains the standard contract terms and conditions. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 06/02/2023, is required at the time of proposal submittal. The This document printed New York State Tuesday, 04/25/2023 M Contract Reporter NYS'official source of contracting opportunities Bringing business and government together ContractingOpportunity 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: 04/25/2023 Due Date/Time: 06/13/2023 4:30 PM Central Time County(ies): All NYS counties Classification: Construction Vertical: Building Construction; Rehabilitation & New Construction - Commodities Opportunity Type: General Entered By: Tara Wolff 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. 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 [https://proportal .sourcewell-mn.9-ov]. 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. 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, LLC 1 of 5 Mannington Mills, Inc. Mohawk Carpet Distribution, Inc. Shaw Industries, Inc. Tarkett USA, Inc. 2 of 5 Contact Information Primary contact: Sourcewell Procurement Department Tara Wolff Procurement Manager 20212th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-541-5362 rfposourcewell-mn.gov Submit to contact: Sourcewell Procurement Department Tara Wolff Procurement Manager 20212th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-541-5362 rfpo,sourcewell-mn.gov 3 of 5 Bid Results Bid Results have not been entered 4 of 5 Awards Awards have not been entered © 2023, Empire State Development http://www.esd.ny.gov/ 5 of 5 Daily Journal of Commerce 11 NE Martin Luther King Jr Blvd. E � , 0 1 , Portland, OR, 97232 DJ C o —R Phone: 503-226-1311 Fax: 503-222-5358 Affidavit of Publication To: Sourcewell - Carol Jackson Po Box 219 Staples, MN, 564790219 Re: Legal Notice 2497782 State of OR } } SS: County of Multnomah } I, Nick Bjork, being duly sworn, depose and say that I am the Publisher of the Daily 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 I 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 following issues: 04/26/2023. SEE EXHIBIT A State of Oregon County of Multnomah SIGNED OR ATTESTED BEFORE ME ON 2nd day of May 2023 By: 4�--f 6" -1 --,/\ Nick Bjork By. State of Oregon Notary Public, State of OR No. 1031542 My commission expires on December 5, 2026 OFFICIAL STAMP MICHELLE ANNE R PP �SKA E' AES DECEMBER 05,20 Page 1 of 2 EXHIBIT A SOURCIEWELL FLOORING MATERIALS WITH RELATED SUPPLIES AND SERVICES Piroplo,saills,due 4,30 pm, June 13,2023 REOUEST IFOR PROPOSALS Sourcewok a State of Krinesata local government unit and service 000para�, l;ivo, vs requesting proposals. ,lor Floor- irig Materials with IHelatixl Supplijeg tar'di SeNtes, to result in a ciontfacll'ung SOW- ti0r) fOl' use by its Participating Entities. Source,evoll Participalinq Entifties nnclluda thousands of g(xverni,noinial, rii�� -or , )1h, ed K-12' Oducatilon, rionprofl, trillml government, and cytheir lliUbk agenci,es located in the United States and Canada. A full copy of Me Request for Proposals, ,c an bo lou nd w the Soumewoil IP roco ia. ftleint P(11081 P'i V(°t� : Canty Pir .)Osals �WIOITAttevd thFOIL,Igh the Sourcewell Procurement Porial Mil be considered. Proposallis are due no inter than June 13, 2023, at 410 p.m-C:pmral'Timie,mtO lalp,piroposals will Pijl�Ok,hi�;rj Ape. 2r�,2023, 2497782 Page 2 of 2 LOCAUG PO Box 631G43 Cincinnati, 8H45263-lG49 The Oklahoman Minnesota local govern- 5ouzrwcU ment unit and service Som,cm°d| cooperative, is requesting P0BOX 2|9 proposals for Flooring 5CAPC58MN56479 Materials with Related Supplies and Services to STATE OF OKLAH0MA, COUNTY OF DKLAHDMA result in a contracting The Oklahoman, a daily newspaper of general circulation inthe solution for use by its State of Oklahoma, and which iee daily newspaper published in Participating Entities. Oklahoma County and having paid general circulation therein; Sourcewell Participating published and personal knowledge of the facts herein state and Entities include thousands that the notice hereto annexed was Published in said newspapers of governmental, higher |n the issues dated on: education, K-12 education, 04/25/2023. 05/02/2023 ment, and other public and that the fees charged are legal. agencies located in the Sworn tn and subscribed before nnO5/02/2023 United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal Sourcewell Procurement Portal will be considered. Notai-y,State of W L County of'13rown Proposals are due no P4ycvmmixi(uexpire later than June 13, 2023, Publication Cost: $4025 at 4:30 P.m. Central Time, and late proposals Order No: 8732049 #ofCopies: Customer No: 727098 PO#: I'l ITS V�,,; N O7A N �NNVC)lC F! Please a"mu use this jo,m lrvn,mn',mnmo .0 AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 34474 411983 Print Legal Ad-IPL01194760-IPLO119476 $157.13 1 18 L Attention: Carol Jackson SOURCEWELL State of South Carolina PO BOX 219 carol.jackson@sourcewell-mn.gov County of Richland REQUEST FOR PROPOSALS Sourcewell,a State of Minnesota local gov- I,Tara Pennington,makes oath that the erFlment-unit-and-sefAce-ooepwative,-ie----------------------------------------------------- , requesting proposals for Flooring Mate-rials with Related Supplies and Ser- ddvertl$ment,was published in The State,d vices to result in a contracting solution for newspaper published in the City of Columbia, use by its Participating Entities.Sourcewell Participating Entities include thousands of State and County aforesaid,in the issue(s)of governmental, higher education, K-12 ed- ucation, nonprofit, tribal government, and other public agencies located in the United States and Canada.A full copy of the Re- 1 insertion(s)published on: quest for Proposals can be found on the Sourcewell Procurement Portal[https://pro- 04/25/23 portal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procure- ment 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. IPLO119476 Apr25 2023 Tara Pennington Sworn to and subscribed before me this 24th day of April in the year of 2023 Notary Pubic in and for the state of Texas,residing in Dallas County T1EP1 lIE1-ATCHER *a *= My Notary}10#13 5 'Exprires JRanuary 14,20.26 C Errors-the/iabi/ityofthepub/isheronaccountof errors inor omissions fromanyaduertisement wi0inno wayexceed the amountofthe charge for thespace occupiedby the Item in error,and then only for the first incorrect insertion" Extra charge for lost or duplicate affidavits. Legal document please do not destroy! 6A IIIIII TUESDAY APRIL 25, 2023 IIIIII USA TODAY New study links sugary drinks' to early death in some people Adrianna Rodriguez ories or sugars in them.It's good advice USA TODAY for everybody" Americans may want to think twice What sugary drinks about reaching for that cool glass of are bad for you? lemonade this summer after a study 24K-PRODUCTION/GETTYIMAGES published last week found sugary The report included data from 1980 to drinks may be linked to an increased 2018 and is among the first large-scale `Be picky': Replacing sugary drinl risk of heart disease and death in cer- studies to examine links between death tain people. or disease and beverages among people Researchers found replacing one serving of a sug Researchers from Harvard T.H.Chan with Type 2 diabetes,study authors say. coffee,tea, low-fat cow's milk or plain water led t School of Public Health studied more Sugar-sweetened beverages that than 12,000 participants diagnosed were reported included caffeinated and The risk associated with all-cause And with Type 2 diabetes and reported how caffeine-free colas, and non-carbonat- mortality was lower with the deat often they consumed such sugar-sweet- ed drinks like fruit punches, lemonade following drinks: lowe ened drinks as soda, fruit punch and and fruit drinks like orange, apple and 18%for coffee •20! lemonade. grapefruit,according to the study. They found people with Type 2 dia- Researchers found each serving of •16%for tea a 24! betes who regularly drank sugar-sweet- one of these drinks was associated with a 12%for low-fat cow's milk 0190 ened beverages had a higher risk of de- 8% higher risk of all-cause mortality veloping cardiovascular disease or dy- among people with Type 2 diabetes. .16%for plain water a 20`. ing prematurely compared with those The recommended daily intake of who consumed other drinks, according sugar should be no more than 10%of the "People living with diabetes should be picky abOL to the report published Thursday in the calories consumed, Nestle said, which hydrated,"said lead author Qi Sun, associated pre peer-reviewed journal The BMJ. is about 50 grams a day. nutrition and epidemiology at Harvard T.H. Chan More than 37 million Americans have "Switching from sugar-sweetened beverages to F diabetes, according to the Centers for Sugar vs.artificial sweetener health benefits." Disease Control and Prevention,and it's estimated that up to 95% of them have The study also found that switching Type 2 diabetes. out sugar-sweetened beverages with "This adds to a growing body of re- one that was artificially sweetened was both artificial and natural. Though He( search,"said Marion Nestle,an emeritus associated with an 8%lower risk of all- they're considered safe by federal regu- at US., professor of nutrition and food studies cause death and a 15% lower risk of lators, they're not necessarily consid- by age at New York University.Although"it's a death related to heart disease. Bred healthy, and the long-term effects for Et) message to people with diabetes to try But more studies have been raising of sugar substitutes are largely un- in He( to switch drinks that don't have any cal- the concern about sugar substitutes, known. does n Gene therapy "They can stop the degeneration,but choos I they cannot heal what is broken,"Feld- strate borg said of the scientists. flees f Continued from Page 1A ������ , � The couple's one regret is that they after t couldn't convince the FDA to be less Stil destroying nerve cells in the brain and %'��� cautious about the therapy. Earlier promi spinal cord. The child rapidly deterio- ff% treatment and a higher dose might "I V rates and usually dies by age 3. / //� have led to a different outcome, Feld- that o The trial, which USA TODAY wrote "„i" ,„ bor and Rokina said. The would ha to et �i,� i� �rr/� ao���' g y h- g about in 2021 as part of a series on rare //', it have faced the risk of a brain hem- feel h I '� � ', p y diseases,offered them a different vision ,��' �� g �j�, orrhage for the possibility of a better mistic of the future, even though the resultJ � �1% � ' outcome. ��" � "'�'%���,,, / "If we could have changed anything, Deriv wasn't what they dreamed of. �, r��� ,� �� / g "We are heartbroken, but also we 1,/ „ �� we would have shouted loud enough for realize within ourselves that the battle �� � ,� FDA to hear us: Ovi was lost long ago not now"Alissa's fa- % i� �, ressE ther said in a video conversation a week Risk is a necessary Hei after her funeral. "Its hard to say,but it Ur part of progress Beane was for the best for her in the end! Alissa Feldborg had a rare disease that Thoug triggered seizures and other problems. Medicine advances in fits and starts wasn't w i a r. u t i� Qw ��� U PILIIT"'II('-"�"uS(� �/� � I> CI IM, Mel p Logout Home New Bid Closed Bids My Stuff Tools -------------------------'----------------------------------------------------------------------' Bid RFP #061323 — Flooring Materials [Switch mo Vendor View ����U8 �~ � � with� ��� Related Supplies and Services � Bid Type mpP Bid Number 061323 Access 111.1ellpoirts View reports nnwho Title Flooring Materials with Related has been notified of Supplies and Services the bid or accessed it. [Notification report] Start Date Apr25, 2033 8:51:39Ax4 CDT [Accessneport] End Date Junz3 ���� �:���@� pvw �mT ' Questions Agency Source°«aU oQuestions OUnonmvered [��e�/��k�ue��ions] Bid Contact Jeremy Schwartz (218) 894'5488 rfp@sourcewell-mn.gov II:..:..!dIIIt1113111d 202 12th Street NE [Create Addendum] | | P.O. DoxZl9 Staples, MIN 56479'0219 -------------------- Descwption SourceweU, a State nfMinnesota 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. SourcewoU Participating Entities include thousands of governmental, higher education, K'lI 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 SounceweU Procurement Portal [htLpa://pnoportaLaamrcevveU-mm.gov]. Only proposals submitted through the SourceweU 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 Date May 17, o0o3 10'00:00AvoCDT Location Online Conference Notes Login information will baenmai|ed two business days prior tm the event. Documents No Documents for this bid Customer Support: agencysupport@pub|icpunchasezum | Copyright 1999'2023 m | The Public Group, LLC.»n rights reserved. o i,i r Cewell 71vok 3ids II~II'rrirrr rr� :CJn irrrore Ibids Create coiWuint Bid Details Bid Goods Classification: Bid Type: RFP - General Bid Number: RFP 061323 Bid Name: Flooring Materials, with Related Supplies and Services Bid Status: Closed Bid Closing Tue Jun 13, 2023 4:30:00 PM (CDT) Date: Question Mon Jun 5, 2023 4:30:00 PM (CDT) Deadline: Electronic Not Applicable Auctions: Language for Bid English unless specified in the bid document Submissions: Submission Online Submissions Only Type: Submission Online Submissions Only Address: Public Opening: Yes Public Opening See RFP and FAQ documents for details. Address: 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. 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 ;yid . ]. 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. 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: 5Ih. . :.... .ateggii:es.........ip:] Register for this Bid Download Bid Documents P hhwlq j #�-)r f dwlr qv The following are the meeting times and locations for the opportunity: Meeting Location Description'Date / Time Mandatory Meeting Meeting Document Login instructions will be posted to the Wednesday May Online Pre- "Documents" section and available to registered Proposal suppliers two business days prior to the web 171 2023 10:00 AM No Conference conference. (CDT) i„ Yv..d tA.J G./7,A c'f 4fJ WW �m CJ , raYi nl "' f1✓ A. i l rvi ✓ ' u A L C7 Cd U Cw"N c,, 6 E. la a..,,. 1d IXM i ur Y,�r �F' FF"a Yry 6p1, l.. nCL A .. 05 } 7 m ,} U Y n t! C, J" CXSi tk: �;. e,y � IVnu`a,V Y. v rxt r} d, Lh.. x � C$ ° CIA i .. A7a , na"o-, I i ', � "u� :i ,: ti,✓ r 4 „ u. .., 40 'In W » C i LL d� " t z.. r rA na 2n 2n 2n 2n r, ,� & 1 wtl a :4. a n.. ...., 2n 2n 2n 2n 2n .! Md"i 43 CIW�/41Ce 0 n u P7a iVWp y CS�i ^rS �7 I raw r :i r z 1.� iu GG/GOGG 1 tltltl III .. c'lkr=acrh _.i lkhs l^JuMtl�.e 131r1N_.. Pubfish Solldtat on Setting n V Invltnr Riddell, No w+CrrnlcanRet R^spar ra anirnuk No w hm-,A Ap',r6rt'oa¢al N. v`4 u.vla8z E'r41 I t u'r wlt4 4l o Ll�:ero R'dur Sollcitatlon Malls n Mandatrsry l"firo rnAl- .roll t,1 or€yp,,, HIT SalidtW+¢r N..rYbcr 061323 i'bc+lr t.n oo rufd,nm Flrr©nlnpMaOerialsu,,W,RylMW supplik"umrt,M1 Surfwdrrs N r——1 type fsc.&,4r^rvdca~u' t nr retry&t^rv(i ia n/StMo¢ Canada I r 61i^d..!By , —H „,r:carlpt('r-,,o,irG N.0 Apphcaw6T,, Oar&-ravd hxfroenWk,,,(p Nurlyl Ib u,raea vxFr h rlrlw/....rrsl�rrp Md�ar ro,......061323 Ftoo,Mg Mxtol ahr Mw4 hRelatO S.pp kea arras ........ ......... ......... ........ ......... ......... ........ ......... ......... Sed l— Adve=Use neat ,n ----------------------------------------------------------------------------------------------------------------------------------------------------------- 81 O,Sc^tP ngb ;,<rlautuP rrs lypaa Opeotooll„uppli—, 6,PfYVY14rPtlF rr of atf?1.rntr+ f S240,000000, ) — lau4alr Ot l.kaRo 65/09/2023 6:.Ir=urrp k7nkar tia nrua 06/119/202316.30D)CY NWI M CkI^rtlaro rdv.kln l6np,,a f,,r Nrr, 10,000,001 av6r SnYlw3ta.Rinn �'"iM"'ted i:.xteN,r`x kl, {Y III cons,ir dCtanitl0 ...... ........ .... .... .. ... ... rr �I If c,l tw( It ,CIOW k dt t II Y rc(l F U h9 411;Ik c ✓It'4,a �pIM 'w par€Pc40rvg 4+cvagaycG„J Vtnnmavet6aruw!C.Ynnavxllrcrn (r+nDev^tra h' v Y b t rn { 11 y, Ira r f r Ill / t G k r I y"i I Wood S I>r Y r 11 Mi I V a1 thM t Fr ale t o M ro yW f ll i"1 gi rf,wrap , Met flnrlci},IrIIII—k.W ter In rto1 g,l rkr1,6 r[,S Moduler Hulnr etc Fallaatnal-Cl—vi'. c>t'lur emfe q o Flooring Ivtatei{al,with Relatcd Supplies and Services oe,laas Cl.slnft[rate 116,VPM'Y+rly'y10NA C1 lhv 01: source tell,,r JW,of Ntic rr sr qa O.rc d i,rrae rr r t err k e r p yw.rv':m upr attwc,Is reque.Cing prrolsosa9s for f looting 1Material,with Related Supplies and Services to result In a contracting solutbn tur ode by Its Pi t crp.ing f:dh r.3ournew II P,tidpaaing F rt ic.a r'ouch.tl' arrda of govMrnrnentul,high '.dun,.ion K 12 ducaaion,nonprofit,biY i g rvr,rr''nP t rd other tP.blk g nacre I—Aed in ttra Unitad 4teb.s and d',anarla A 1u0 ettspy If tB're.Rr,q—t for Prop—i,c-R'found—the.Sou--oil Procivernoat Portal 11 rrlrs.//fr r I r r,I ...cc r 11, ;rnil.Only propowadm s b nRRnd through tirc Sonya—li Procurerrr.Rt PorTat will br^eorrekle,od,PToP-1,ara dean no late,than lone It,2023,nt 4 xr pm,dice;inflr<ul II a',,and late gav'NX,5,1a15 WIN nah Irrr aa>nsuNaru(!n'k. 1 I-I v)fht 2G,'d,'r lQuIN All 11fyJrtu l ircw d,ftwnned b'1 Siddirptr— ItP,l, st 061323-Flooring Materials with Related Supplies and Se... Notice Basic Information Estimated Contract Value(CAD) $240,000,000.00(Not shown to suppliers) Reference Number 0000245972 Issuing Organization Sourcewell Owner Organization Solicitation Type RFP-Request for Proposal(Formal) Solicitation Number 061323 Title Flooring Materials with Related Supplies and Services Source ID PP.CO.USA.868485.C88455 Details Location All of Canada,All of Canada Purchase Type Duration:4 years 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.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[https://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 2023/04/25 09:38:52 AM EDT Question Acceptance Deadline 2023/06/05 05:30:00 PM EDT Questions are submitted online No Bid Intent Not Available Closing Date 2023/06/13 05:30:00 PM EDT Contact Information Procurement Department 218-894-1930 rfp@sourcewell-mn.gov Bid Submission Process Bid Submission Type Electronic Bid Submission Pricing Lump sum Pricing Lump sum Bid Documents List Item Name Description Mandatory Limited to 1 file Bid Documents Documents defining the proposal No No 2023/04/25 09:39:01 AM EDT Page 1 of 2 061323-Flooring Materials with Related Supplies and Se... Categories Selected Categories GSIN Category(1) G Goods Goods N72 Household And Commercial Furnishings And Appliances Household And Commercial Furnishings And Appliances N7220 FLOOR COVERINGS Floor Coverings 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 30161700 Flooring 52000000 Domestic Appliances and Supplies and Consumer Electronic Products 52100000 Floor coverings 52101500 Rugs and mats 2023/04/25 09:39:01 AM EDT Page 2 of 2 DocuSign Envelope ID:CDE32CC8-OB5D-4CF2-9591-F477B DOE 175E saM ENTIA,,) 4 ou U"l';°.'.a IIrPr o Proposal Opening Record Date of opening: June 13, 2023 Sourcewell posted Request for Proposal 4061323, for the procurement of Flooring Materials with Related Supplies and Services, on the Sourcewell Procurement Portal [p.L Eggq .souircew0I-nnn.&ov] on Tuesday,April 25, 2023, and the solicitation remained in an 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 Sourcewell Procurement Portal, and that each Proposer's response material was digitally sealed upon submission 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 CBC America, LLC 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, LLC-Submitted 6/13/23 at 4:22:32 PM Engineered Floors, LLC dba J+J Flooring Group-Submitted 6/13/23 at 9:03:57 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 Gerflor 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 6/09/23 at 11:55:32 AM Karndean International, LLC-Submitted 6/13/23 at 2:24:30 PM Mannington Mills, Inc. -Submitted 6/09/23 at 10:59:07 AM Mats, Inc. dba Matter Surfaces-Submitted 6/12/23 at 2:49:11 PM Maxxon, 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 9:28:54 AM Mohawk Carpet Distribution, LLC-Submitted 6/12/23 at 2:25:09 PM RB& G Products, LLC dba Zandur-Submitted 6/08/23 at 11:06:44 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 DocuSign Envelope ID:CDE32CC8-OB5D-4CF2-9591-F477B DOE 175E 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. EDocuSigned by: DocuSigned by: EFD8B3D45D 6EE63AEDEDSF46E... Greg Grunig, MS, Procurement Lead Analyst Carol Jackson, Procurement Analyst \ ,; : I ( - ;¥ - \ } \ �7 � \ \ \\ \ {�uo m \ la;; :(° } \ \ k ~ (-:fj \ f ] /) -C \ !! ° `CL ;! - Lu kk } ƒ} \ � < \ / w00 ) \ kk % cbjD § / - � ) ) _ I { \ E / \ I z ; & \ 2 - § } \ § ; g e { / o - - ) \ _ _ J / LU \ , \{) , \ {) ƒ )/ \ as - . - ) / \- . - j \ƒ)/215I))) !{!/\ )i))))\|)) !0 DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D r/d Sourcewell 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.sourcewell-mn.gov, Sourcewell Procurement Portal https://Proportal.sourcewell- mn.gov, Biddingo, Merx, PublicPurchase.com,The New York State Contract Reporter www.nvscr.nv.gov, April 26, 2023 in Oregon's Doilylournal 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 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 [https.Ilproportal.sourcewell-mn.govj. 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. The solicitation process was conducted through the Sourcewell Procurement Portal.The following parties expressed interest in the solicitation by registering for this opportunity within the portal: Accu Steel, Inc. Kal-Trading, Inc. AHF Products Karndean International, LLC American Biltrite (Canada), Ltd. Mannington Mills, Inc. Bentley Mills, Inc. Mathusek, Incorporated BOSS CARPET ONE, LLC Mats, Inc. dba Matter Surfaces Britespan Building Systems, Inc. Maxxon, Inc. CBC America, LLC dba TOLI International TOLI TOLI Corp. MegaCera, LLC CDK Logistics, LLC Milliken & Company cfs INTERIORS& FLOORING Milliken Services, LLC Champion Flooring Mohawk Carpet Distribution, LLC Division 9 Flooring NPN Carpet Installation, Inc. DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D Souircewelll Page 2 of Ecore International NWT& Nunavut Construction Association Emser Tile, LLC Opler Flooring Engineered Floors, LLC dba J+J Flooring Group PANDAFLOOR CONTRACTING, LTD Equitable PWXPress Excelsior Concrete Coatings RB & G Products, LLC dba Zandur Facility Armor Regina Construction Association Floorsite, Inc. Resell Solutions, LLC 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. Sled Consulting, LLC Great Floors, Inc. Tarkett USA, Inc. healthchek network, LLC Tiles In Style DBATaza Supplies, LLC UPOFLOOR 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 Sourcewell Procurement Portal, on June 13, 2023 at 4:31:17 pm CT. Proposals were received from the following: Bentley Mills, Inc. CBC America, LLC dba TOLI International TOLI TOLI Corp. Champion Flooring Division 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 Mannington Mills, Inc. Mats, Inc. dba Matter Surfaces Maxxon, Inc. MegaCera, LLC Milliken Services, LLC Mohawk Carpet Distribution, LLC RB& G Products, LLC dba Zandur Roppe Holding Company Shaw Integrated and Turf Solutions, Inc. Tarkett USA, Inc. UPOFLOOR Americas, Inc. dba Kahrs Commercial Flooring DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D Proposals were reviewed by the Proposal Evaluation Committee: James Voelker, CPCM, CFCM, Procurement Supervisor Carol Jackson, Procurement Analyst Brandon Town, NIGP-CPP, CPSM, CPSD, Procurement Analyst Nick Scholer, Procurement Analyst The findings of the Proposal Evaluation Committee are summarized 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 United 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, distributes a comprehensive catalog of flooring solutions such as resilient, ceramic, porcelain tile, wood, hardwood, laminate, rubber,vinyl, broadloom, 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 nationally certified Woman-Owned Business from both NWBOC and WBENC.They are offering Sourcewell participating entities competitive pricing discounts. Forbo 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 participating 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 United States. Interface Americas' flooring products are carbon neutral across their full product life cycle through their third-party verified Carbon Neutral FloorsTM 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. Mannington 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 selection 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 LEED, Mindful 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. DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D souircew(..:Ill Page 4 of 6 Milliken Services, LLC, provides a full selection of flooring solutions including resilient, ceramic, porcelain 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 technology of their carpet tile 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 United States and Canada. Mohawk Carpet Distribution's EcoFlex 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 emissions tested to GreenGuard Gold or FloorScore certification.They are offering competitive discounts off list price. Shaw Integrated and Turf Solutions, Inc., provides a large selection of resilient, ceramic, 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 Canada. Shaw's re[TURN]® 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 substantial 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 CertifiedT"^ for five criteria which include, material health, 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 Sourcewell Contract #061323 to: Bentley Mills, Inc. #061323-13PS Division 9 Flooring #061323-DV9 Forbo Flooring, Inc., dba Forbo Flooring Systems #061323-FRO Interface Americas, Inc. #061323-IFA Mannington Mills, Inc. #061323-MMI Mats, Inc. dba Matter Surfaces #061323-MAT Milliken Services, LLC #061323-MAC Mohawk Carpet Distribution, LLC #061323-MCD Roppe Holding Company #061323-RPP Shaw Integrated and Turf Solutions, Inc. #061323-SII Tarkett USA, Inc. #061323-TFU DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D The preceding recommendations were approved on July 21, 2023. i—l '6 ouSigned by: E � v e&&& 5FCC James Voelker, CPCM, CFCM, Procurement Supervisor DocuSigned by: 6EE63AE DED5F46E... Carol Jackson, Procurement Analyst 1DocuSigned by: 7BCA93CD6377421 Brandon Town, NIGP-CPP, CPSM, CPSD, Procurement Analyst E DocuSignne'+d Eby: � 4513A6ODCA01467... Nick Scholer, Procurement Analyst DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D Souircewelll Page 6 of 6 STATEMENT OF COMPLIANCE As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP#061323 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. EDocuSigned by: COFD2A139D06489_. Jeremy Schwartz, CSSBB, CPPO, NIGP-CPP Sourcewell Chief Procurement Officer ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Tim Matthews Tree & Lang Contract# 26976 Effective Date: 03/02/2026 Expiration Date: Contract Purpose/Description: Navigational mangrove trimming to abate overgrown vegetation at 29011 Bigonia Dr, Big Pine Key, pursuant to Resolution 377-2014 and the Final Order in CE20010022. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Brenedy Rigby 8806 rigby-brenedy@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ $4,200. Current Year Portion: $ (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the total cumulative amount is$100,00.00 or less) Budgeted?Yes No❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: 148-60500-SC_00036 ADDITIONAL COSTS Estimated Ongoing Costs: $ 4,200. /yr For: Mangrove trimming (Not included in dollar value above) (e.g.maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES R NO ❑ CONTRACT REVIEW Reviewer Cynthia J.McPherson p�9'e�'K26.o3°03„360;�0500"� °" Department/Office Director/ Signature: y Assistant Director Kell Du Digitally signed by Kelly Dugan County Attorney Signature: y Dugan Date:2026.03.0313:46:03-05'00' Gaelan P Jones Digitally signedbyGaelanPJones Risk Management Signature: Date:2026.03.0313:54:46-05'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.03.12 0938:43-04'00' (email contracts(a monroecounty-fl.gov) Digitally signed byAngelica Malcosky OMB Signature: Angelica Malcosky Date:2026.03.1211:19:08-04'00' (email OMB@monroecounty-fl.gov) Comments: Auto coverage does not include the County as additional insured. Change approved due to small size of project and contractor being only responding bid. Revised BOCC 11/12/2025 J5 BOARD OF COUNTY(A)MMNSIONERS COUNTY of MONROE ��' � �� Mayor 1��ru Terri. wicholl, District 3 The Florida K y '" MicbelleLincoln. District? , y,4, i [ i Craig rig Cates, District 1. David Rice,District 4 11olly Merrill.Rsascheiar,District 5 rye. t Board of County Commissioners Meeting December '10, 2025 Agenda Item Number: J5 2023-4870 BULK ITEM: No DEPARTMENT: County Attorney I'll ME APPROXIMATE:E: STAFF CONTACT Kelly Dugan. AGENDA ITEM WORDING: Authorization to proceed with abatement of overgrown canal vegetation creating a navigational hazard at the property, 29011 Bigonia Dr., Big Pine Key, Florida, pursuant to Resolution 377-201.4, and impose the coasts as a,lien. ITEM BACKGROUND: CE2001.0022: This property, Parcel 1D 00266320-000000, has been the subject of cede compliance case for vegetation in canals (snot compliant). The tines Natal `95,60000 as of November 18, 2025, and will continue to accrue at `Jx 1.00.00 per day, until compliance is achieved. A hearing was scheduled for January 26, 2023, and the property owner was riot,present. The Special Magistrate found the property in violation and ordered a compliance date of April 6, 2023, The County's lien was recorded on.April 21, 2021 A subsequent hearing was held can. October 26, 2023, and the property owner was not present. The Special Magistrate round the property remained in. violation and granted the C"ounty's motion to proceed with collections. The code case remains open for non-compliance and failure to pay outstanding fines and costs. On February 21, 2024, the Board of County Commissioners authorised the initiation of litigation against the property owner for injunction, foreclosure, money Judgment and/or writ, of execution.. 1n.addition., the Board of County Commissioners approved initiation ora probate action, A probate case was initiated in. Seminole County on. October 23, 2024, which remains pending. Code Compliance has exhausted all efforts to gain voluntary tirr ely colaipliance with responsible parties, 1356 The Monroe County Property Appraiser lists the Just Market Value as $69,224.00. The property is not homesteaded and there are no pending foreclosure actions at this time. Under the policy adopted in Resolution 377-2014, the available legal option in regard to abating the presence of navigational hazard from overgrown canal vegetation is to: Proceed with abatement ol'overgrown canal vegetation creating a navigational hazard per Resolution 377-2014; and impose the costs of trimming as a, lien against the responsible property owner. This will require Code Compliance staffto obtain quotes and hire a contractor to obtain the appropriate permits and conduct. trimming. County staff recommends the BOCC approve proceeding with abatement of overgrown canal vegetation creating a navigational hazard per Resolution 377-20,14, and to impose the costs of trimming as a lien. PREVIOUS RELEVANT BOCC ACTION: Approval of'Resolution No. 377-2014 on October ]7, 2014 adopting "ATTACHMENT A" as the I Procedure to be used after("ode Compliance has exhausted all efforts to gain voluntary compliance front the responsible parties. INSURANCE REQUIRED: No CONTRACT/AGREEMENTCHANGES: STAFF RECOMMENDATION: Approval DOCUMENTATION: AIS Supporting does CE20010022 Helliesen.pdf Resolution 377-2014,pdf FINANCIAL IMPACT: 148-50001 Growth Management Ad yin - $5,000.00 1357 AGREEMENT FOR Professional Landscaping Services at 29011 BIGONIA DRIVE, BIG PINE KEY, FL 33043 This Agreement ("Agreement") made and entered into this 12 day of March , 2026,by and between Monroe County, a political subdivision of the State of Florida, ("County") whose address is 1100 Simonton Street, Key West, Florida, 33040, and Tim Matthews Tree&Landscaping,Inc. ("Contractor"),whose address is 160 Florida Ave.,Tavernier, FL 33070. WHEREAS, County desires to contract for professional services to trim mangroves and other vegetation creating a navigational hazard along the shoreline of the property located at 29011 Bigonia Drive in Big Pine Key; and WHEREAS, Contractor desires to and is able to perform the work and/or services described in Paragraph 2 and Attachment A; and 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, it is agreed as follows: 1. THE AGREEMENT The Contract Documents consist of this Agreement and any amendments executed by the parties hereafter, including the exhibits and all required insurance documentation and licenses. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. 2. SCOPE OF WORK The Contractor shall perform professional landscape services to include trimming mangroves and other vegetation at 29011 Bigonia Drive, Big Pine Key, FL 33043 identified in the Specifications (Attachment A). Contractor shall perform all of the work in accordance with the Specifications (Attachment A), attached hereto and incorporated as part of this document. 3. TERM OF AGREEMENT A. This Contract shall commence upon execution by both parties and terminate on April 1, 2026, or upon completion of the project, whichever occurs first. B. The parties may elect to extend this Agreement for up to three months if the work has not been completed by April 1, 2026. Page 1 of 23 4. CONTRACT SUM AND PAYMENTS TO CONTRACTOR A. County's performance and obligation to pay under this Agreement,is contingent upon an annual appropriation by the Board of County Commissioners. County shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to the appropriate County representative, invoices with supporting documentation acceptable to the Clerk, upon completion of the work. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. C. Payment to the Contractor under this Agreement shall not exceed $4,200.00 5. INDEPENDENT CONTRACTOR 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. 6. LICENSES Contractor has, and shall maintain throughout the terms of this Agreement, all appropriate licenses to complete the work under this Agreement. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. Contractor shall assign only qualified personnel to perform any service concerning the project. 7. ASSIGNMENT The Contractor shall not assign this Agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This Agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 8. INSURANCE Contractor shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review. The Contractor must keep in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Contractor must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with Monroe County Risk Department, as appropriate, whenever acquired, amended, and annually during the term of this Agreement. Page 2 of 23 Prior to execution of this Agreement, Contractor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations in the following amounts: • WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Contractor's insurance policy shall reflect coverage and limits sufficient to meet the requirements of Ch. 440,Florida Statutes. Contractor shall perform work only with employees leased from Frank Crum Insurance Agency, Inc. and officers of the Contractor that have been exempted from worker's compensation requirements by the Florida Department of State. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of $100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease,policy limits,and$100,000.00 bodily injury by disease, each employee. If the Contractor has been approved by the Florida Department of Labor as an authorized self-insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. • BUSINESS AUTOMOBILE LIABILITY INSURANCE. Contractor's insurance policy shall provide coverage for all owned, non-owned and hired vehicles used in the performance of work under the Agreement. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than$100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $50, 000.00 per person, $100,000.00 per occurrence, and $25,000.00 property damage. • COMMERCIAL GENERAL LIABILITY. Prior to the commencement of work governed by this contract,the Contractor will obtain Commercial General Liability Insurance. Coverage will be maintained throughout the life of the Agreement and include, as a minimum: Premises Operations; Products and Completed Operations; Blanket Contractual Liability; Personal Injury Liability. The minimum limits acceptable is: $300,000 Combined Single Limit(CSL). An Occurrence Form policy is preferred. If coverage is 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 should extend for a minimum of twelve months following the acceptance of work by the County. • CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County,its officials,employees,agents, Page 3 of 23 and volunteers. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED ON ALL GENERAL POLICIES REQUIRED BY THIS SECTION. 9. INDEMNIFICATION The Contractor to whom a contract is awarded shall defend, indemnify, and hold harmless the County as outlined below: The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers,officials, agents, servants, and employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Contractor utilizing the property governed by this Contract agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The indemnification obligations under the Contract shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers' compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of the Contractor or of any third parry to whom Contractor may subcontract a part or all of the Work. This indemnification shall continue beyond the date of completion of the work. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, nothing herein nor the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government insurance pool coverage shall be deemed a waiver of immunity by the County. 10. RECORDS 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 County or 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 County'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 County's Page 4 of 23 representative and/or agents or the County Clerk. County 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 any auditor employed by Monroe County or the 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, F.S., running from the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 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 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 the applicable retention period following the termination of this Agreement. 11. STATE OF FLORIDA E-VERIFY Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, as may be amended from time to time, 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 terin. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. Pursuant to Section 448.095: 1. A public agency, Bidder, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated s. 448.09(l) shall terminate the contract with the person or entity. 2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. 3.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 a Bidder under this paragraph, the Bidder may not be awarded a public contract for at least 1 year after the date on which the contract was Page 5 of 23 terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract. 12. UNCONTROLLABLE CIRCUMSTANCES 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, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably unanticipated, 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 a no cost Change Order for such reasonable time as the Owner's Representative may determine. 13. GOVERNING LAW,VENUE, 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. 14. 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. 15. ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding Page 6 of 23 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. 16. 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. 17. 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. 18. ADJUDICATIONS 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 paragraph 34 concerning termination or cancellation. 19. 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. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. COVENANT OF NO INTEREST 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. 21. PUBLIC ENTITY CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any Page 7 of 23 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. 22. ETHICS ETHICS CLAUSE. Contractor warrants that he/she/it had 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. 010-1990. 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 price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 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. 23. 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. 24. 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 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. Page 8 of 23 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 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. 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 Page 9 of 23 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 ATTORNEY'S OFFICE, 1111 12TH ST., SUITE 408, KEY WEST, FL 33040, PUBLICRECORDS(&,MONROECOUNTY FL.GOV, (305) 292-3470. 25. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor 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. 26. 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. 27. 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. 28. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 29. 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. Page 10 of 23 30. 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. 31. 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. 32. PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licenser of contractor. 33. NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested and postage pre- paid, or by courier with proof of delivery and delivery pre-paid. to the following: FOR COUNTY FOR CONTRACTOR Christine Hurley Tim Matthews County Administrator CEO 1100 Simonton Street Tim Matthews Tree & Landscaping Inc. Key West, FL 33040 160 Florida Ave. (305) 292-4441 Tavernier, FL 33070 (305) 853-7044 34. TERMINATION 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 days written notification to the CONTRACTOR. A. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. B. 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 tenninate 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 Page 11 of 23 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. C. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 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 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. D. 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. 35. NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 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 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 and 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 in employment on the basis of race, color, religion, sex, 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 disability; 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 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title VITT of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to Page 12 of 23 nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 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. 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 Il,¶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 Page 13 of 23 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 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 eentmeting 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 noncompliance 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. 36. SCRUTINIZED COMPANIES For Contracts of any amount, if the COUNTY determines that the CONSULTANT has submitted a false certification under Subsection 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 CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met. For Contracts of S1,000,000 or more, if the COUNTY determines that the CONSULTANT submitted a false certification under Subsection 287.135(5), Florida Statutes, or if the CONSULTANT has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in Page 14 of 23 business operations in Cuba or Syria, the COUNTY shall have the option of(1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes,are met. 36. 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; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. 37. MUTUAL REVIEW This agreement has been carefully reviewed by the Contractor and the County; therefore this agreement is not to be construed against either party on the basis of authorship. 38. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this 12th day of March 2026. MONROE COUNTY: Christine Digitally signed by Christine Hurley Hurlev Date:2 March 12, 2026 _ 18:20:03-0404'00DO' County Administrator or Designee Date Christine Hurley Printed Name MONROE COUNTY ATTORNEY APPROVED AS TO FORM TIM MATTHEWS TREE &LANDSCAPING INC: Kelly Dugan 1,itAl02602edbyKell13Dugan KELLY DUGAN Signate: `" �, ASST COUNTY ATTORNEY Name: Title: J� "2oa Date: Page 15 of 23 ATTACHMENT A Work Specifications The following paragraphs describe the scope of work to be provided under this agreement. PROTECT: Trimming of mangroves and other vegetation along shoreline that prohibits safe navigation. LOCATION: Site -29011 Bigonia Dr., Big Pine Key, FL 33043 RE# 00266320-000000. SCOPE OF WORK: The project is for the trimming of mangroves and other vegetation along the shorelines on two sides of the property, disposal of vegetative debris, and general property cleanup, as described below. Mangrove vegetation must be trimmed to the maximum extent allowable under Florida Mangrove Law. Limbs of native tree species other than mangroves that extend over the canal must be trimmed back one (1) foot landward of the canal cut, if possible, without causing harm to the tree. Invasive exotic trees must be fully removed from the sites by the contractor. Stumps may remain on site but must be cut as low to the ground as possible and treated with appropriate herbicide (subject to approval by the County). Contractor is responsible for all necessary permits, and proper disposal of vegetative debris resulting from removal; however, palm material (fronds and trunks) and any tree trunks that are too large for the chipper may be cut into 4-5-foot sections and piled neatly by the road for pickup by County claw truck, at no additional cost to Contractor. Contractor must not disturb existing native vegetation on the site beyond what is required to be trimmed. The site must be left clean and in good condition. The Contractor must be licensed to perform the work described and must provide a Certificate of Insurance listing "Monroe County BOCC" and "Monroe County Land Authority" as additional insured. Page 16 of 23 LOCATION MAP: Site is outlined in turquois below. rr„ ! ' N � I it r, r Il�dl 'fir �� �i�J�r,i' ✓ /lJ %% ' rii i� � ' � f' ��l�l ri t �r r ��k riJ ill� ,. 1' 1 F Irr y I 1 „ Page 17 of 23 ATTACHMENT C COUNTY FORMS NON-COLLUSION AFFIDAVIT of the according to law on my oath,and under penalty ofperjury,depose and say that: of the firm of , '-xVe__j the proposer making the Proposal for the project described in the'notice for calling for proposals for: C- ----------- and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without C0111ISi011, 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. UiAess 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 stair nts contained in this affidavit are true and correct, and made with full knowledge of sa,idro' i 7"71 tire ol'Proposer) (Date) STATE, OF: COUNTY OF: 6 Subscribed and sworn to(or affirmed)before me,by means of ,physical presence or 0 online notarization, on 1,' r (date) by LLVS r, _J1 e4,-�,A (name of affiant). Fle/Shc is tem-o—na y iuvwto­m or has produced Woe of identification as ideniff'Ea--tioW NOIAkrf UBLYCff"_ (0,FAL) My conti-nission expires: MONICA HAKE Notary Public-State of Florida Commission#HH 675645 My Comm.Expires Aug 31,2029 Page 18 of 23 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE (Company) it... warrants that he/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. 0 10-t990 or any County officer or employee in violation of Section 3 of Ordinance 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 price, or otherwise recover,the full amount of any fee, commission, percentage,gift,or consideration paid to the former Coun )officer or employee". (Signatttre) k -2—keo Date: - STATE OF: J 0 r\' COUNTY OF: tV\0r\V-0 Subscribed and sworn to(or affirmed)before me,by means of) ,physical presence or 0 online notarization,on A e�-- :4k, 6 ,(date) by I .LO G (name of affliant). He/She is CLrson,lly�In_ow tam` or has produced identification) as identification. (type of identif NOT�A� UBLIC My commission expires: 01'AL�' po', MONICA HAKE t te of Florida a yi Notary Public-state of Florida 6 HH 675645 Commission#H My Comm.Expires Aug 31,2021 Page 19 of 23 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statut Section 287.097 hereby certifies that: (Name of Businessr) I Publishes a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, 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 commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that,as a condition of working on the commodities or contractual services that are under 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 nolo contendore 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 live (5) days after such conviction. 5. Imposes a sanction. on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-tree workplace through implementation of this section. As the person authorized to sign the statement, I certify that th, - urn, complies fully with the above requirements. ' .A, Proposer's Signature Date STATE OF, Tlnf � tJr, COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means of hysical presence or 0 online (date) by_.L,0(­\ (name ofaffiant), He/Shels erlo-ii_alr�_Tli6�qn s _t6—:ihc or has produced (type of identification) 7,h as ident dhAhwftftft.&A1, a A MONICA HANE Notary Public-State of Florida 61,40 5 Commission#HH 675645 1] 029 my Comm.Expires Aug 31,2029 NOTARY PUBLIC (SEAL) My commission expires: Page 20 of 23 PUBLIC ENTITY CI UME STATEMENT "A person or affiliate who has been placed on the convicted vendor fist 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 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, Florida Statutes, for CATEGORY TWO for a period of 36 rnonths from the date of being placed oil the convicted vendor list." I have read the above and state that neither Qgoposer's name)nor any Affiliate has 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 ofgphysical presence or 0 online notarization,on 2-4 (date) by 1_0<L' (name of affiant). He/She is per V rally known �ni�c or has produced (type of identification)as i entificationi. NoTAIMPbBLIC MONICA HANE My commission expires., State of Florida Notary Public Commission#HH 675645 s Aug 31,2029 My Comm.ExpireD 0 W W 1401 Page 221, of 23 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS ProJect Description(s): Respondent Vendor Name: '—F1 ................. Vendor FEIN: Vendor's Authorized Representative Name and Title: f"4-PON4k". Address: &,5 Ayt:,-­ ........... City— State: Z* C 1p: C� Phone Number '2- A Email Address: 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 Lists 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 ofIsrael and for Pro�jects 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, 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 [ran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Certified By: 0,, , who is authorized to sign on behalf of the above referenced company. Authorized Sig Afui—e:­ Print Name: Title: Note: The List are available at the following Department of Management Services Site: --fl2r:gty,corn/busincss roKg1taca I Rlsp 9gipl4ti its u.ymdor list's Page 22 of 23 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES ................. ........... Entity/Vendof Name: Vendor FFUN: V15'­0 55 1,� Vendor's Authorized.Representative; (Name and Title) Address:_. City: State: zip: 0 Phone Number: 3*'_ T Email Address: As a nongovernmental entity eXeCL[ting,renewing,or extending a contract with a,government entity,Vendor✓ is required to provide an affidavit Linder 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: I. Using or threatening to use physical force against any person; 2. Restraining,isolating,or confining or threating to restrain,isolate,or confine any person without lawrtil authority and against tier 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 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; S. 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 11 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,1.certify tinder 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: P r" __+') . N__I�-')­Wy.x_'_!� , who is authorized to sign on behalf of the above referenced compan Authorized Signature:--, � a _ .... _ Print Name: 7.1-1, Title: Page 23 ol'23 ACC>IREP CERTIFICATEF LIABILITY ITY INSURANCE DATE(MM/DAIYYYY) 04/01/2025 THIS CERTIFICATE IS ISSUED AS A MATTER aF 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 A Lilllam Reyes NAME: y Regan insurance Agency PHONE (305)852-3234 FAx 305 852-3703 A/C Na Ext: A/C No: t )30144 Overseas Hwy. r-FAMM Ireyas@reganinsuranceinc.com ADDRESS, INSURERS)AFFOROING COVERAGE NAIC# Tavernier FL 33070 INSURERA: Bricktown Specialty Ins Co INSURED INSURER B: ProgreSSIV®Express Ins CO 10193 Tim Matthews Tree&Landscaping Inc. INSURER C: --.._ 160 Florida Avenue INSURER D; INSURER E: Tavernier FL 33070 INSURER F COVERAGES CERTIFICATE NUMBER: 25-26 GL&Auto 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. S AMXSMM LTR TYPE OF INSURANCE INS g WV POLICY NUMBER M /DD/YYYY MM�D/YYYY LIMITS 7XCOMMERCIAL GENERAL.LIABILITY 1,000,000 19 EACH OCCURRENCE CLAIMS-MADE L'..or-CUR PREMISES �4TE15nce $ 100,000 MED EXP An one erson) S 5,000 A Y BTSP1000075-01 04/10/2025 04/10/2026 1,000,000 PERSONAL&ADV INJURY $ GEN"LAGGREGATE LIMIT APPLIES PER GENERAL.AGGREGATE $ 2,000.000 POLICY 0 PRO- JEo'P Loc PRODUCTS-COMP/OPAGG 2,000,000 OTHER: Employee Benefits s Included AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT Eaacnrdont $ 300,000 ANYAUTO BODILY INJURY(Per Derson) $ �- B OWNED SCHEDULED 05685778 At7rUS ONLY /`* AUTOS 03/17f2025 03/17/202fi BODILY INJURY(Per accident) $ HIRED NON-OWN$D PROP R DAMAGE AUTOS ONLY AUTOS ONLY Par acaitlern PIP-Basic $ 10,000 UMBRELLA LIAR UCi UR EACH OCCURRENCE $ EXCESS LIAO CLAIMS-MADE AGGREGATE—.._^ $ DED RETENTION$ WORKERS COMPENSATION PER ER STATU AND EMPLOYERS'LIABILITY V 1 N TE ER ANY PROPRIETORIPARTNER/EXECUTIVE $ OFFICERIMEMBER EXCLUDED? NIA E.L.EACH ACCIDENT (Mandatory In NH) It yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below _ F..,L.OI'aEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more.space Is required) Landscape Gardening-Tree Trimming&Pruning,Dusting,Spraying,Repairing Certificate holder is shown as an additional insured per policy tarns,conditions,limitations and exclusions when required by written contract. APPROVED BY RISK MANAGEMENT BY DATE G1�a�.¢.f''.viL taas.- 3.G CERTIFICATE HOLDER WAIVER N/A YES X CANCELLATION Addtl Insured forAutoWaivel SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 11 or1 Sirnv,rrte,n Ptrwo-tint AUTHORIZED REPRESENTATIVE Key West FL 33040 _ Q'-( (�1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 01/26/2026 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: FrankCrum Certificate Department PHONE A/C,No,Ext: 727 799-1229 FAX A/C,No FrankCrum Insurance Agency, Inc. E-MAILADDRESS: _cerLs@frankcrum.com 100 South Missouri Avenue INSURER(S)AFFORDING COVERAGE NAIC# Clearwater, FL 33756 INSURER A: Frank Winston Crum Insurance Company 11600 INSURED INSURER B: INSURER C: FrankCrum L/C/F Tim Matthews Tree&Landscaping, Inc. INSURER D: 100 South Missouri Avenue INSURER E: Clearwater, FL 33756 INSURER F: COVERAGES CERTIFICATE NUMBER: 1543019 REVISION NUMBER: 1 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSRD V/VD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE uOCCUR FIR_M SES."Ea RENTED........ currence $ FIR o MED EXP(Any one parson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE U MIT APPLIES PER: GENERAL AGGREGATE $ POLICY F__1 PROJECT F__1LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED AUTOS SCHEDULED ONLY AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND WC202600000 01/01/2026 01/01/2027 X PER STATUTE OTH- ERA EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I I N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 APPROVED BY RISK MANAGEMENT BY L to a"/ DATE .13.26 WAIVER NIA X YES, DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Effective 01/05/2022,coverage is for 100%of the employees of FrankCrum leased to Tim Matthews Tree&Landscaping,Inc. (Client)for whom the client is reporting hours to FrankCrum.Coverage is not extended to statutory employees. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton Sty Key West, FL 33040 ©1988-2016 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Tim Matthews Tree & Landscaping, Estimate T__ 160 Florida Ave Tavernier,FL 33070 Date Estimate# 12/18/2025 26976 ................................................................................................................................................................................................................................................................. Name/Address ................................................................................................................................................................................................................................................................. Monroe County BOCC Attn:Cynthia McPherson Sr.Director of Code Compliance 3051992509 Terms Due On Completion Description Qty Cost Total .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Mangrove Trimming- 4,200.00 4,200.00 Project:Navigational trimming of mangroves and other vegetation growing along manmade canal shoreline in Eden Pines Colony Subdivision,Big Pine Key Location(s):Manmade canal that runs parallel to Narcissus Avenue, Big Pine Key. (see attached map);Parcel(s)RE#00266320-0000W Vacant lot at end of Bigonia Drive. Description/Scope of work: Navigational trim of vegetation growing along the shoreline on two sides of the subject property(approx. 182 linear ft)in accordance with the following: (1)Mangroves must be trimmed to the maximum extent allowable under the Florida Mangrove Law;and (2)Limbs of native tree species other than mangroves that extend over the canal must be trimmed back 1 ft landward of the canal cut,if possible, without causing harm to the tree;and (3)Any invasive exotic tree species extending over the waterway must be fully removed,cut back to the stump,and treated with an appropriate herbicide (herbicide formulation and application method must be Estimate is valid for 30 days.Thank you for your business. Total Signature ................................................................................................................................................................................................................................................................................................................................................... Phone# Fax# E-mail 305-853-7044 305-916-5476 timmatthewstree@gmai1.com Page 1 Tim Matthews Tree & Landscaping, Estimate T__ 160 Florida Ave Tavernier,FL 33070 Date Estimate# 12/18/2025 26976 ................................................................................................................................................................................................................................................................. Name/Address ................................................................................................................................................................................................................................................................. Monroe County BOCC Attn:Cynthia McPherson Sr.Director of Code Compliance 3051992509 Terms Due On Completion Description Qty Cost Total .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. pre-approved by County Land Steward staff);and (4)Obtain FDEP and County permits and comply with the requirements. Navigational trimming must be performed from the water for ease of access and to avoid any potential negative impacts to the adjacent natural area. Mulch and/or vegetative debris must be removed from the site and properly disposed of by the Contractor. Contractor is responsible for the proper disposal of all vegetative debris resulting from the project.Cut limbs must not be left in the canal. Contractor is responsible for locating staging areas and boat access points(boat ramp).Site must be left clean and in good condition.Work must occur during normal business hours, between 8 am and 5:30 pm,weekdays,excluding County holidays. Contractor must be considered a"Professional Mangrove Trimmer" by the State of Florida.Contractor must provide a Certificate of Insurance naming "Monroe County Estimate is valid for 30 days.Thank you for your business. Total $4,200.00 Please note that we are not responsible for any underground utility,damage if not properly marked or made aware of.*** Signature ................................................................................................................................................................................................................................................................................................................................................... Phone# Fax# E-mail 305-853-7044 305-916-5476 timmatthewstree@gmai1.com Page 2 ATTACHMENTD.5 CO t J N I'Y A 1)M I N I S I'R ATO R CON FRAC'FSUMMARY FORM I`OR CONTRACTS $100,000.00 and I,rider Conti-act Vvith'.Tarkett USA, Inc. Contract 4 061323 Upon notice to proceed 1"Iffective Date- ...... ---- 81, 20 F'xpiration Date: ....... 26 Contract Purpose/Description: Flooring Social Services 2nd Floor at the Cato Building -Tarkett USA, Inc. Sourcewell Contract#061323 ............................ ------- ................. —----- ....................... ............. ................__............... ............................. - ----- Contract is Original Agreement Contract Arriendment/f"Atension Renewal Contract Manager: William DeSantis 4307 desantis-willtam@moi,i!roer,,,<)unty-,fI gov (Name) (Ext.) Ernail Address "ONTRACT COSTS Total Dollar Value of Contract- $ 13,143,67 (..'urrent Year Portion: $ onust be$G(A),wo or I oo (It'multi'year agreernem 1hen I'CLIMNS BOCC',AJ)PT: 1L miless the "�Imw r, B Lid geted? Y es IV I No Grant: $ - - , ,,, ,,, County Match: F'Llnd/Cost Center/Spend Category:001-20501�-00061 ADDITIONAL C OSTS F.'stiniated Ongoing Costs: /yr For:N/A (Not included in dollar value above) (e.g. mainteriance, utilities,janitorial,salaries.etc.) Insurance ReCiLlired: YES * NO _J CONTRACT REV11'W Reviewer Departnient/Office Director/ Si,maturc: William Desantis ......................................................................................... Assistant Director 'Nq�a�4 wW-1 by Joseph X DiNovo COLItity Attorney Signature: Joseph X, DiNovo Davy;M6 03 TO 09 38 37 04'00' DqUWy Wq,­J hyJACtyn FINT1 Risk Managgenient Signature: Jaclyn Flatt D."a 2026 G3 10 13 59 12 04'00' D'91�gy 1,q111y I,—At.,- Purchasing Signature: Lisa Ab d by Date 2076 03 t2 08 Q 08 04'00 (email Contracts et 111miroecounty-fl.gos 90ys,g­ AnqehG:a Malcs OMB Signature: Angelical Malcosky D),qWe 202h Md 1by2 09 05 J3 04'00'tky .......... ................................... (cniail OMB q monroccmniN-11,gow C'011117nents: ----------- ............ Revised ROCC It/1212025 ':-, 91 (3)Tarkleft Project# 1012050 31612026 Chrissy Collins Monroe Co RE: Flooring Proposal for: 1012050 Monroe Co-Cato Social Services-2nd Flr We are pleased to provide the following quotation for the above referenced facility. Pricing is based on the Tarkett/Sourcewell Contract#061323. SCOPE OF WORK: Style Color Name Color# Quantity UoM Unit Price Line Total CARPET MATERIALS Texture Map Ethos Omnicoat Modular Tile 24x24 Tomorrowland 93.34 YD2 @ $ 30.68 $ 2,863.70 LABOR Carpet Installation-Modular Tile 63.00 YD2 @ $ 10.13 $ 638.19 Install Primer 560.00 FT2 @ $ 1.13 $ 632.80 Tarkett Base(up to 4")-FURNISH AND INSTALL 120.00 FT @ $ 4.15 $ 498.00 Adhesive Removal 750.00 FT2 @ $ 1.35 $ 1,012.50 Food(Per Diem) 15.00 EA @ $ 74.39 $ 1,115.85 Hotel/Motel 4.00 EA @ $ 236.45 $ 945.80 Major Floor Preparation(to include self-leveling)- Material Only (55s/f per 55#bag)(FT2) 560.00 FT2 @ $ 1.88 $ 1,052.80 Major Floor Preparation(to include self-leveling)- Labor Only (55s/f per 55#bag)(FT2) 560.00 FT2 @ $ 1.88 $ 1,052.80 Tarkett Transition Strips(RubberNinyl)Furnish&Install 3.00 FT @ $ 5.24 $ 15.72 Hourly Labor(for any service not otherwise listed on this price list) 10.00 HR @ $ 250.89 $ 2,508.90 Staging/Inside Delivery 1.00 HR @ $ 1.10 $ 1.10 Mileage Reimbursement 600.00 EA @ $ 1.07 $ 642.00 S1 Freight,External 1.00 EA @ $ 163.51 $ 163.51 TOTAL $ 13,143.67 NOTES: I. Field measure and estimated quantities by: 855453 Icon Floors LLC 2. Standard running line carpet products require a 65 square yard minimum purchase,except Express and Priority Express colors which require a 25 square yard minimum purchase,and except the style Plexus Colour which requires a 5 square yard minimum purchase. 3. Please include product style,color,and backing on purchase order. 4. Manufacturing overage is included in material quantity,to bill only at the amount shipped. The overage°Io is up to: 5. The material price includes freight. 6. No freight is charged for adhesives(ancillary supplies)when shipped with material order.When adhesives(ancillary supplies)are shipped without a material order,buyer is responsible for freight costs. EXCLUSIONS(unless specifieally included in the above scope of work): Protection of Floors Attic Stock Night/Weekend Labor Dumpster Cost Bonding Cost Mats Preformed Corners Trip Charges Removal&Disposal Resilient Flooring Stair Materials Extensive Floor Preparation Furniture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of Resilient Border Carpet TERMS OF PAYMENT: (Saiih aica:fl flay Credit Approval) Net 34D Days 1 (3)Tarkleft Project# 1012050 31612026 a All Materials and Labor...Payment due within terms of each invoice(materials,will be invoiced capon,shipment,labor will be invoiced capon completion or as phased). 1.Change Orders:Any work not included in the above scope of work will require a signed change order before work can be performed. 2.Term of Quote:Prices given are firm for sixty days from proposal date. 3.Lead Times:Please note that we are a made to order mill and we cannot commence production until a signed PO or contract is received. Note that normal lead times are as follows: • Fast Track Carpets,two weeks plus shipping; • Running Line Carpets,four to six weeks plus shipping; • Custom Carpets,six to eight weeks plus shipping; • Lead times are approximate and do not start until after the purchase order or fully-executed contract is received. 4.Floor Preparation:Additional floor preparation may be required as a result of an unforeseen condition of the floor.Costs associated with this floor preparation will be negotiated on ajob-to-job basis.Our products perform properly when installed on floors that are free of dirt,oil,paint and excessive moisture.Floors that have moisture readings greater than the manufacturer specified tolerance will not meet specification and will require further curing time or treatment prior to carpet installation. We recommend only wet scraping or mechanical removal of all non-water based adhesives. 5.Asbestos Abatement:This quote DOES NOT include asbestos abatement.Neither we nor our installers are responsible for the handling,removal or abatement of asbestos contained floor material or adhesive.Further,our policy is to request an Asbestos Hazard Emergency Response Act(AHERA)report prior to proceeding with any floor material or floor adhesive removal.We and our installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used,we and our installers may require additional measures be taken prior to installation of any product.These measures may affect the price of this quote.Please contact our Technical Services Department at 800/248-2878 ext.2129 for more details. Please indicate your acceptance of this proposal by returning your signed purchase order or fully executed contract to the email address shown below.Please address it to my attention.Should you have any questions,please let me know. We look forward to working with you on this project. M ONROE COUNTY ATTORNEY'S OFFICE Sincerely, APPROVED AS TO FORM r Gu wth�a Cynthia Flowers Account Coordinator _.jq�SSTANT COUNTY ATTORNEY Source One Department DATE: 3-10-7o?6 cynthia.flowers Ca tarkett.com 2 *sent for update Dec 2025 Sourcewell Contract # 061323-TIFU exp 8/9/2027 Tairkett Alliance Number 168119 Tarkett Resilient NPN: SPA Required-Contact RBM 1 11111,111�I�I I l�ill�illillillillillillilliillillililI III I I MEN= Backing Discount Off Sourceweill Style Code Style Description Code Backkig Description Ust Price List Price Member u0m Pfice Per UOM 03973 Street Life CR Flex Aire@ Cushion IRS $43.18 40% $25.92 SY 11449 Substance GU ethos@ Modular with Ornnicoat $34.87 33% $2339 SY 11449 Substance CIF Flex Aire@ Cushion $41.87 41% $24.63 SY 11449 Substance CR Flex Aire@ Cushion IRS $37.50 31% $25.97 SY 11531 Suede Tones GU ethos@ IIModUlanr with OrTinicoat $55.44 35% $36,31 SY 11531 Suede Tones CIF Flex Aire@ Cushion $56.75 34% $37,60 SY 11531 Suede Tones CR Flex Aire@ Cushion IRS $5&06 33% $38,88 SY 11531 Suede Tones M Powerbond Cushion $49 32 32% $33,33 SY 11531 Suede Tones M IR Powerbond Cushion IRS $5&63 32% $34,62 SY G0038 SUrnmer Walk GC ethos@ IIModUlanr with Omnicoat $8317 38% $51,81 SY G0045 Sweater Knit GC ethos@ IIModUlanr with Omnicoat $76.73 47% $40,61 SY 11647 Syllabus III G LI ethos@ IIModUlanr with Omnicoat $57.18 38% $35,57 SY 11647 Syllabus III CIF Flex Aire@ Cushion $5&50 37% $36,86 SY 11647 Syllabus III CR Flex Aire@ Cushion RS $59 81 36% $38.15 SY 11647 Syllal.,,)us III M Powerbond Cushion $56.27 42% $32.83 SY 11647 Syllal.,,)us III MR Powerbond Cushion RS $57.58 41% $34.12 SY 04120 Tenera GLI ethos@ Modular with Ornnicoat $76.75 41% $45.46 SY 04120 Tenera CIF Flex Aire@ Cushion $78.07 40% $46.75 SY 04120 Tenera CR Flex Aire@ Cushion IRS $79.38 39% $48.04 SY 04120 Tenera M Powerbond Cushion $66.27 42% $3&25 SY 04120 Tenera MR Powerbond Cushion IRS $67.58 41% $39.54 SY 11120 Texturemap, GU ethus @ Modular with Oconic oat, $55.58 38% SY 11129 TextUrernap CIF Flex Aire@ Cushion $56.90 38% $35,48 SY 11129 TextUremap CR Flex Aire@ Cushion IRS $5821 37% $36,77 SY 1�,rkM U A In, MON Au,ora Rd Page 18 of 37 q Tarkett -O -N N W M O N O P.N W O o r O O G 2 �d r r � - �W ��I�O � N O N N�O I�M�O �O ��N W V h Q` W �Z O 3 m W h W d`V N N W V N O W N W I� � N W r W N N In _ N C Z G 1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 1' _UA LLj y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N z \d N O V In W N O N O M N O O O O N N M N W V O .h h h a O h h M 0 0 W 0`N N N h N C d`d`N O N C h M M O W W N W C h M W M h N N I W N 6 h OJ In W h (V C 6.6(V C O(V M(V b Z ? �N N c O O O O M O O O C O•N i0�M��N O O N N O N N O M M N N M h O h O W M M W N N N 3 y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N-N N N N 0 0 N M III�M�y' IIIIIIIIIIII� N N N W M W O�O� II� IA z M C�O M W N N N N C N I�O O•M M C M O h C M I() n N O C N M N N N N N N N---—---N N N N �D O I� h M 0`0`N W M pA, AW+nlll N N m Il �O W O�Y'1 Ifi I�N Ifi�O N N O O�N N�D I�M'O N O O O N W I�M W O O IIWMbstll'I T IIII j 2r O O P O�I�M M N O�M N I�W m M If O OJ 1O � N N a N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N v M —O- - — —O �yy�pvpp � � ���C�� �I(h � �Q• � N I�� N C B N/ � M "�µq.'.y y - In-------- --------------In----VT 'VT VJ VJ VJ in in(n(n CAyCA to to to IIIIIIIIIIIIIIIRR m d N N O` W��O���P O i0 M O N K O M O N�O N M N� 0 0�ITH P P Il�llllln IIIIIII�MI�dY A�flW IIIII' " mN M. N Wtl^"kcr M W NNN W P M N M N � �1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N III o C'>"1 �Ill��al. IIIII X ov ooN�W W o hONO W W mN.o�M o�O O h aov �'o NN ol� .oNhM W mM �1_�' IIIII v M. M N IIIIIIII C F N M m C h W P W d`O M N h h —N-W W h O�C N M W�E;W h W� W N N � M M•O M N O M C�O h 0 d`M C M In O I� M C i!J N O C YJ N M M ifl M O W M r O IIIIII ' - ----N N N N N NN N N N N N N NN NNNN NhN N NN NV N�N N NN N N N N N N N� N N N m yCp Iliui�l d W W V O N N N�O N O N V O O N�O N M N O O O O N N M N h W O V O`h h�O O A� w M M M N W O C N N O�N N N O 6�N N�O h M M N O W W N W C M C M W N O O N h V�O m A ,�I�w f Q 3 O�O� M W I� h C N W M M O �O OJ h In OJ h N O O O W N C h h O O� M N^ h N N 3... ��pay Illlfinnlm O '- - N N W M N �W 'ryy6 p In.. N N Q J d N N cn IIIIIIM'llm Q U L N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 'Ill'Il -°m j II Z Q`Q`h M O M 0 C W P O M h O N O W W N O N N O N N O• D` O N N M W N M N N non N v Illllllu Il�llllls V " . C O+O+ � N V M a0 N M M-O N V a0 r-�C O•M�M N O�V N ��N N N V a0 N M M N V N��m M��O h N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N IIIIIIiITM1nI Illlllllllllm f �q 0 0� V�a0 W I�d`N I�N N a0 O r-W N O d`N N N h M�O V N C)C)p�N W V I�V M�N O a0 N h C N mlllllll mlllllllllll g o300NNQ^MGM^�N�o�riv vio W.o oiha�Iri ofro NmMo�Nv.ov ��vv�I^ �N�� j N N N N N OJ O�M r- w IIIIIIIIIII c C a N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N-N N N N no '" ma N N Io v NmoMo�.o oN N N o .00��oo W or- �N rn N o o v MM �m W N II Z y N N N N N N N N N N N N N N N N N N N N N N N N-N N N N N N N N N N N N N N N N N y N N N N IIIIIIIIM = L � O .O- L U U O d @ N h r O W J J J ¢ ¢ L C C C J J J J ¢ O ¢ 6 a 3 3 3 >y m J w H Z z v> W Z.z Q a E'.E E E o o 2 v� cn a a z Z Gf o y d o - o 0 o z z 0 0 0 E W r E 3 z ¢o o ? o ¢ ,�a o s u o y o S z o z o N o a 0 o o o g y o v N m z Z ¢ z Q m Z S a3 d a*,.mmm c�ov�ci ¢ ox ¢ oS���z o rnz,�m v p cn S2 Q O 5 C C C . C C M Z Z Z 2 L= =LL LL' O W O :LL C C M N O o 0 0 0 0 0 0 N Z ¢ m[C m Z �a CC_ — U J r U m « O(n c LL J LL Z. v w O LL ;...�- > > > >N m T.___ N, l0 l0 N aR,l0 l0 (0 O W N C LL_ — LL No_ U N N N'41' V O O O O= ¢N U> > 41 N C U c v— _v VJ O O H S LL ,0..W W N N N N— `i'LL N O O N -- --- ww "� v vHH E E�� u m....'> >���mao °.'m E E Lf) d.v ^.^ v>>=LL(/� H H v v v 'w O (� N w w m w « H H a o o �, y y�..y m m OU�'.3.811 U LL U U U U C U J J>>>>>> J J fn M U¢ > m m m U U U U U U U U>J> U (U co S C (U LA 7' c0 i C Z 5 G 1---v}v}-------- N N N In N --------------------- In N W y O Ntn to 1-1 h N N N N N- o-- N N N In N In N N--N------N N N N N N- y In Z 0 m G r V^r � N N Oj a(V N �? J c a`to<n cn yr in in vs v> cn in y y <n <n <n rn rn rn Z,<n in-yr-----------<n<n<n<n rn rn N N�° O M.U h M O�N r N� n n°�r N 0 I�W W h W�O V N r �p r O N N N N N N r 3 y --N--in in in in in in in V t/ V in to to- - in in in in----N NNNNNNNNNNN N to d O O p N h r 7 W 7 C Q 3 M a N r 0 0 N N N V r uj M M N O N N O N O cQz a-yin---------in to - toNNNcn-yr-------------- to to W O O O W Ifs I�p v^i M ro W O.o O h ro N a Q o W I�r N MO N S C N--,1 2 .Oo�N V �O I� N vNi r N O N W O o p r I�N n r N r O W O ul u)N O.�O� N N O N O C V N r II z N N N N N M r N r N N N ���VY VY VY VY Cn VY Cn in in in in in VJ in VJ Sn Ln In In{n VY VY<n in Cn<n<n 4J 4J 4J 4J 4J 4J 4J in 4J in in O O N r N O 6 O�N M M N r---W- r r N r d r a in in in v:v:v:v:ur-v:in in in - - - - - in in in in in v:v:in ur yr ur v:in in in cn cn in in in in in in 00 NWWNI oM oW WO N O�N r N h O�r N ip n W W I� m V N r O� �DN �A to 4J Ll Ll Ll r Illlllln y .NtnNN N ------ -- —N N-- to to I II mllllllllln IIIII IIIII IIIII III IIIIIIIIIIIIIIIRR IIIIIIIM d�°V 0 0 0 0 N� � ^N N V O� O� O� �p O N O M h 0 4`M V W W r V W W O�I�r°`O °' O IIIIIIIIIIIIIIIRR Ix.U. .„ J a?�N N r r 0 0 N D`Cj � > r N W r r O�O N r O N N ���N r . MQ d III nIN nm O Y 1 N N in i/T i/J i/J i/J Cn in!?in to to in in in to N in in in in in in in-in-Cn Cn!?-in----in in - in Illllllllm IIIIIII non .� qq�� Ili bA"atl I....... IIIII m v r M^ •D�°�D r N N V N h O�r N O h W W h W�O N W O� �° iNll N O N I �I III c r V W V N N M r IIIIIIIII� IIIIIIII - -- ----------- - - - - -----inin----���������� �r IIIIIII mm iii,;;,!, d�oa o o ,°I�NM r� oov M rn .00Mo Norn W W W W M��o`p III w. V W r V p�6�N O h �O N N N W V V O� �D h N r O C h�O h N OJ M r N O ^N O N O O N N W M �•••• III °;.. cQU a`in in in yr--------- - - - - - -in<n in-yr--------------- - - nlllllllllllll Innnl� 'lll'll -j nan N v M M 0 I, IIIIIIM II�IIIIIM U a � � O N W 0 0 0 � N h N O�tT Q(V�O r(V O In O V M O� r O N N N r N N N r h --to---in in in yin in- - f/ - - to to in in in in--N N N N N N N NNNNN!/ R�O O W O N pp�� Illlllilnfinl Illlllllllllm F �° AMm�m, Illlllln mlglvllllllln 0 3 cV M ^r 0 N �p�.j M N M C (V O nj O(V p r [V O�W N M M N O O W N M 'WvP Wp 1p p ? j r N W r r r O N � IIIIIIIIIII co a'yyin yyr yr yryinti�inN ti ti ti in rn inNNy�yyr in in yin in--------- - - 3 r O N W O O p r N r r N O O N N N O In O C O r O II r �D NM N O N N�°O�O�N N elW Z - in------yin y-in in in in - in - NNin----N N N-------In In in- in N ZZ 7 LL LL } LL LL LL :.}}} LL G{: � LL LL LL W W W m kL''.LL LL LL LL LL LL LL LL} I W W W LL LL LL LL Illllllllllm j m ~ O o E E o N Ucr p va n 'Em Y o `o in in "" ? v~i y voa� w $ o '* o L)S u y c+�a E c LL o z o 0 0 O m y 4k in Q z U m x >. U m �''vi -o v o n N — lO l0 06 v mo N U-O N O S — 'o— o o y E v¢aEi¢�o¢wE o�0mm 0mmUm�°'faYw` y ,tmqm eCo7,9 -ZNLLHaa�oyd-H°wov l\KoLLm K°U. �yE`ao�yE° y ° ° ° oo E E m �1 n � �oo ` a mv m m z z~ a a. ` `,m - 0" .0aC E E Er E o m m N Lf) -v`'oTWao°- o LL --HfnNN NCD LL � m LL:W WI2 m N U U U LL Q J U (U co A C (U N ^�� 03 o v mroo+r��mrnNvi��ory Nri� r�� N c Z 5 o a - — yr yr N N------------------ O N [V V o o V o M V r N M o o N r r^o Z W y � (n (? ih ih[A[A U)U)U)U)N NNNNNNNNNNNNN Z c= a <n <n cn cn vs cn cn cn cn<n y<n v>y y y<n<n<n<n<n<n<n<n -O O O M M 7 r OS O N a 6 0 0 a O r—t r N M.0.0 N . N M V � N r ro M W to c V N N G n m > a o h mvv�a prow ro III O 3 I1 m vorn.o ml�aM > n it ro npO� NV N p�Np O 1 1 Cd r.N N Ne Q. Illllllllmn N� W �r N d a r « d C Q Z 1 N N NNih in NNNNin N{nNN{A tANNNNNNN a Y d M O+I�N O W O O N O O Op Op 0 D`M V o U C C Y N � M ro V�O M n M M V r 0 N cJ V Ci o V o V r N M 0 0 N r r M r d °V,IA�Iq�q Z yy c (A VY VY VY VY CA(A 4J CA SA Cn SA SA N N N N N N Sit N N N y h •y II�IIIIIM ;,I a maanaromma waorn�000mm 2 `� m O I ��P'"a".Wll "'"^^ III & N N uJ VS N N V U V IPe..11 ; � "M. CcIII 9 N O� I�N O�I�O O 6� N V I�O O OJ O O n O C M M cJ N ro iD N p� �p M lO c�I�m lO O O r « ImON' c N N � �' NN> IIIIIII ,^ � y v> v} v>v>v>v>yur cnyN yNy<nyyyyy I all, IIIIIIIIIIIIIIIRR "� a O r W V V h V r O W�O V N V O O�`V O O M N M O�M N C d IIIIIIIIIIIIIIIRF m m J o Ji r0 W O O�r M O�N N n O r N N V N m itl N Q iy Q r W r N O Z o c > r II IIIIII n O Y 1 to — ----C/C?- to-N N N N N N N N N N NN y � O C'>'1 m Ion 'a O � •O IIIIIIII" IIIII� Qpq �X � c` �r N�n O O d` M N ��O O W O O I� n ul r c Imllll 111 ' im I q N N V O O V O M V CV m O O N r n N N Q O d Z Of O d 'k" IIIIII y � (R ih ih iA iA UJ C/C/UJ In!n to(n iA(n(n to to(n to(n fit N --• C C C a �f IIIIII II U O 'U 3 m N r > p_ O IIIIII III �q rn hh W rh Nlpa� N.oNrn��nmoo�N a'vro E =E c d I IAnnnn II nl� w N ?a O V W r O 6�r M O�N N h�O r�N °1°°°°° '' °Q U a` <n <n cn cn cn cn cn cn cn cn<n cn v>v>vi vi<n<n<n<n<n<n<n<n C = Q m a II "z v� nNrnnoo Nvl�oor000l� .o� ® E —.m, o o c a 2 O!h M�D O O O ;O h O c m y �•' > d d O N IJ O V O r O�r r (V M N O O(V r O h o° O IIIIII II N m r U -a0-+ WVy y N N ---—-In In---N--N--to to to to fit fit O 4 $ p A Y U C O d a s d E Ilp��u Inlliifinl F a o h rovvnv ponN orn.000 rommh � d p m IIII m M O O M N O O N •� p C O Ol Il llllln Q 3 W�O P r C O�N In ro r-O r N N O N cV O Y Q O d o U O N m IIIIIIIIII r ppi�pp p j u O .Mo IIIIIIIIIII R 0 O Il y y� Uy Ly Lys NNNfnN 4JNNtnNN[n[n NtANtnN Y O L a g d C C no II�IIIIIM N N V O O V O r N V r N V O O N r r �n V o J Y E. 0 C U II�IIIIIM U vEi m o d •A X z y N ---- —to----N-NtoN « O i y E -O LT N N N N N V)N "Mill) d V O � i C V N d V Q 9 d (0 m milllllll Q N N N N N N N N N N N N N Q N N N N Q CL" Q •` O N y U C 0 � LL LL LL LL LL LL w w w LL LL LL LL LL LL LL LL d E Q c = �r 9 Illllllllllm yy yOLOy cd� L. x w v m J v o w 16 d m E s o o o y O d d 3 > ° •� c o 10 Y m y D E a ro m m c 'O K N 19 O T d d O -O is O Cn m N �p n- 'O O U C I d Q A .n U y t«n O o .y.. d V _ N R'.+ 'd0 v o• v ` y 1c c c ,n O d O C _ ro Eo m wO c U N IY c'o'o N Z 'O ¢ O ; w y Q d U U LL ; a - v E d a�`O y a� v u o U Y d > C o d Y LL U Y Y l L d a >° c m a c m Y v a� v m m c tl a '& ¢ d •`-' m c c M=-—__ y y y o d,a a .o d E - •u Q c o 0 0 o v m v m a a w v�i d y 8 O v Q m ;; F . c m— O Y O p LL LL U N N IY K [C j O N G' (JY. d O d C >• - d O' c rn o U o 3 x x m v v m v o v v v v ... 'I G d to m F m Y N O > w Lr) c o z O p_U�j U U U m v v v v v n U . E o d s v >Q LLI LLI o `o o `o v o 0 0 o a5(•�•q `d c� E ' d E m p E o m o E o oa oz o °o 0 0 0 w o o o 0 o m'� o A `m j m c `m a ooL t (V LL N=N w Cn Q'LL Q LL LL LL w lL LL lL U' U U U U co F U (U co A 7 C N N *sent for update Dec 2025 Souircew6�� "TairIkett AllianceNumber 1 "1 "1 rairIkett Ill iilliii n Ilf::)l : SIPA Required Contact III IM California AB2398 Carpet • Soft surface product pricing does not include the California AB2398 Carpet Stewardship Assessment Fee. Stewardship Assessment Fee . This fee will appear as a separate line item on invoices for soft surface products shipped to California locations. • Neither Tarkett nor its installers will be responsible for the handling,removal,or abatement of asbestos contained flooring materials or adhesives. Asbestos Abatement • Building Owner must provide an Asbestos Hazard Emergency Response Act(AHERA)report to Tarkett prior to implementation by Tarkett of flooring preparation and/or installation of flooring material for each job. If any chemical stripping agents such as those commonly used in asbestos abatement have been utilized,Tarkett and its installers • may require additional measures be taken prior to installation of flooring product. • Pricing does not includes freight or applicable taxes. In consideration of Tarkett's proposed pricing,uncertainty still lingers amid possible tariff implications.As a result,Tarkett's pricing • does not consider any costs associated with potential tariffs.Should tariffs occur,Tarkett will transparently provide percent associated with an applied tariff. Pricing Pricing shown shall be held for effective date period.Change in pricing thereafter will be based on published industrywide materials or • internal price increases and shall not exceed 10%in any trailing 12-month term. • Product pricing may be modified or amended with 30-days prior written notice to Customer. • If Customer's order is mailed or otherwise placed during said 30-day period,the prior price shall prevail. Soft Surface Products: • Minimum order requirement for Powerbond,Modular Tile running line&Broadloom products is 65 square yards. Minimum order requirement for running line products under the Tarkett Quickship program is 25 square yards for Powerbond& • Modular Tile except for: Plexus Colour IV,Abrasive Action II&Assertive Series(5 Square Yards or one carton of 24"x 24"Modular Tile 6.67 Square Yards) • Non-standard styles require a minimum order of 500 square yards. Modular Tile orders are subject to full carton shipments. Orders of 100 square yards or less are subject to an additional one full Minimum Order Requirements • carton.(6.67 square yards per carton of 24"x 24"Modular Tile) LVT Products: • LVT products are subject to full carton shipments. Resilient Products: • Cut charge applicable on sheet cut request. • Rubber sheet sold in full roll quantities. • Vinyl tile,wall base and adhesives sold in full carton quantities. Payment Terms • Net 30 Days from the date of invoice. Change Orders • Any work not included in the initial scope of work will require a signed change order before work can begin. • All available alternatives will be reviewed in an effort to satisfy the customer's product delivery requirements. Tarkett Resilient(not including LVT)products include delivery to a distribution hub to the extent noted on the quoted and mutually Deliveries • agreed to pricing.Delivery,including,without limitation,to Authorized Dealers,members job sites,outside of the continental United States,certain distribution locations,or other designated destinations may incur additional fees. • On Resilient products,there will be a lift gate delivery charge(where required)based on location and will be charged accordingly. • Refer to installation instructions on Tarkett.com for the most up to date information. • Costs associated with additional floor preparation will be negotiated on a job-to-job basis. Floor Preparation • Floors must be free of dirt,oil,paint,and excessive moisture in order for the product to perform properly. Please note the MVER,RH&Alkalinity testing must be performed to give an accurate assessment of the concrete condition and the • test results/data of each test shall be within acceptable limits. • Wet or mechanical removal of all non-water based adhesives is recommended. FOB • Point of Manufacturer or Distribution Hub T".rkett USA, ,c 3ra Rd qTarkett Solo,,,OH 44139 (800o Aur000)aee-snip; Page;3,7 Of 31 *sent for update Dec 2025 Souircew6�� "TairIkett AllianceNumber 1 "1 "1 rairIkett Ill iilliii n Ilf::)l : SIPA Required Contact III IM • Protection of Floors • Boding Cost • Carpet Cleaning • Night/Weekend Labor • Dumpster Cost • Trip Charges • Stairs • Asbestos Abatement Labor Exclusions • Preformed Corners • Mats • Cleaning/Waxing of Resilient Flooring • Attic Stock 0 Furniture Moving a Extensive Floor Preparation Materials • Sales Tax • Border Carpet 0 Removal&Disposal of Resilient Floorina Area Rugs: • Area rugs are custom made and may not be cancelled. Soft Surface Products: Customer 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. Material 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: Order Cancellation or Returns ' Contour 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 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 restocking fees and any return freight incurred. Resilient Products: Customer 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. Material that has already been shipped may be returned only with prior written approval of an authorized Tarkett representative and will be subject to a restocking fees and any return freight incurred. NOTE:The Parties herein agree that there shall be no cancellation or return for any Custom product orders. Material Only Orders: • An invoice will be issued upon shipment of the material. Invoices Source One Turnkey Projects: • Material -An invoice will be issued upon shipment of the material. • Installation-An invoice will be issued upon completion of installation or as needed for phased installation. Soft Surface Products: • Production of material will begin upon the receipt of a signed valid purchase order or a fully executed contract. • Quickship Carpets-Allow an average of two weeks for production plus applicable shipping time. • Running Line Carpets-Allow an average of eight weeks for production plus applicable shipping time. • Custom Carpets-Allow an average of twelve weeks for production plus applicable shipping time. Lead Times LVT Products: • 2-4 weeks depending on style Resilient Products(Excluding LVT): • Rubber Products-4-6 weeks • Vinyl Sheet and Tile-2-3 weeks for stocked products,16 weeks for unstocked products • Wall Base-3 weeks • Title and Risk of loss shall pass to the Customer upon transfer to the freight carrier. Title/Risk of Loss 0 Tarkett shall promptly replace damaged or lost material occurring during transit and ship the replacement order as expeditiously as possible at no cost to the Customer. • Tarkett shall file any daims with the carrier on behalf of the Customer for any prepaid shipments. Warranty • Please visit Commercial.Tarkett.com for comprehensiveproduct warranty terms T".rkett USA, 3ra Rd qTarkett Solo,,,OH 44139 (800o Aur000)aee-snir; Page;3�r of31 *sent for update Dec 2025 Souircew6�� "TairIkett AllianceNumber 1 "1 "1 rairIkett Ill iilliii n Ilf::)l : SIPA Required Contact III IM Soft Surface Products: • Modular Tile product orders will be accepted for full cartons only. Orders of 100 square yards or less are subject to one additional full carton. • Standard Running Line products are subject to the following shippable overage conditions per item ordered: 1,500 Square Yards or less 5 1,501-5,000 Square Yards 2 Overages 5,001 Square Yards 1 LVT Products: • All orders will be accepted for full cartons only. Resilient Wall Base and Adhesive Products: • All orders will be accepted for full cartons only. Note:Overages for all products must be shown on the Purchase Order. • Custom product constructions and product custom colors are available at negotiated prices. All soft surface custom products are subject to a minimum order requirement based upon the custom product construction and • applicable shippable manufacturing overages. • Custom Accuweaves-untested patterns require mockups prior to order. • Other custom constructions and/or colors may also require mockups prior to order. • All custom option orders must be approved by the Tarkett's Product Development and Technical Services departments. • Custom Broadloom product orders are subject to a manufacturing overage of 5%or 6 lineal feet,whichever is greater. Custom Products • Modular Tile and Powerbond with a custom color require a$350 piece dye charge with a minimum order requirement based on the product. • The Parties herein agree that there shall be no cancellation or return for custom product orders. • All soft surface Custom or dropped product orders are subject to the following shippable overage conditions per item ordered. 1,500 Square Yards or less 5 1,501-5,000 Square Yards 2 5,001 Square Yards 1 Note:Overages for all products must be shown on the Purchase Order. • All Tarkett products and services not shown are also available. Please contact your Account Representative for more details. NOTES • Please include product style,color and size on each purchase order as applicable. Please place Tarkett Alliance or Customer Number as well as Resilient NPN number on all orders and communications to ensure • utilization of the proper pricing as well as for reporting. T".rkett USA, ,c 3ra Rd qTarkett Solo,,,OH 44139 (800o Aur000)aee-snip; Page;3d Of 31 Addendum (Sourcewell Cooperative Purchasing Agreement #061323) Monroe County Contract Supplemental Terms and Conditions The Monroe County Board of County Commissioners (herein after"County") and TARKETT USA,INC. (herein after"Contractor") agree as set forth below. WHEREAS, the Contractor has a Cooperative Purchasing Agreement which may be utilized by local governments, state governments, federal agencies of the United States, consortia, or not-for-profit entities with Sourcewell a State of Minnesota Local Govermnental Unit and Service Cooperative. WHEREAS, the abovementioned Cooperative Purchasing Agreement is identified as SOURCEWELL CONTRACT#061323 ("Existing Cooperative Purchasing Agreement") and WHEREAS, the County desires to utilize the Existing Cooperative Purchasing Agreement for the Contractor to provide the County with the goods and/or services, and the Contractor desires to provide the County with such goods and/or services in accordance with this Addendum and the Proposal, Quote or Estimate of the Contractor. The County and Contractor hereby agree to the following: QUOTE# 1012050 IN THE AMOUNT OF $13,143.67. This Agreement includes and incorporates the Contractor's Existing Cooperative Purchasing Agreement, its Proposal, Quote or Estimate and Terms and Conditions, as applicable, and this Addendum. To the extent that any terms conflict,the language as set forth in this Addendum shall supersede any other terms and shall be binding. The terms and conditions as set forth below are imposed in accordance with Florida Law and Monroe County Code. Payment: Payment will be made in accordance with the Local Government Prompt Payment Act(Section 218.70, Florida Statutes). Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act. Contractor shall submit to the County invoices with Supporting documentation that are acceptable to the Monroe County Clerk of Court and Comptroller (County Clerk). Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County Clerk's disbursal of funds. If the Agreement is a multi-year agreement,the County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. This Agreement shall not exceed $100,000.00 unless it is approved by the Monroe County Board of County Commissioners. Any automatic renewal is subject to a not-to-exceed amount of$100,000.00 unless the Monroe County Board of County Commissioners gives prior approval of an agreement more than $100,000.00. In accordance with Section 2-58, Monroe County Code, the County Administrator is authorized to sign agreements when the total cumulative value of the contract does not exceed$100,000.00. 1 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. Termination: The County may tenninate this Agreement for cause should the Contractor fail to perform. Prior to termination for cause, the County shall provide the Contractor with seven (7) calendar days' 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, the County shall pay the Contractor the sum due for work performed 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 County may terminate this Agreement for convenience,at any time,upon thirty(30)days' written notice to the Contractor. If the County terminates this Agreement, the County shall pay the Contractor the sum due for work performed prior to termination,unless the cost of completion of the remaining work under the Agreement exceeds the funds remaining in the contract. Maintenance of Records: The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. 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 termination of this Agreement.If an auditor employed by the County or the County Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, 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 the Contractor. 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 of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body the 16' Judicial Circuit in and for Monroe County,Florida. This Agreement shall not be subject to arbitration. Attorney's Fees and Costs: The Parties 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. 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. Nondiscrimination: 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 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 disability; 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 2 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 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 s. 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 s. 12101 Note), as may be amended from time to time,relating to nondiscrimination 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; 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. 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 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. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. The Agreement is a Public Record under Chapter 119,Florida Statutes. The parties agree to comply with Chapter 119,Florida Statutes. Sovereign Immunity and Non-Waiver of Immunity: The County s indemnification is limited and subject to the sovereign immunity provisions of Section 768.28, Florida Statutes. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the County and Contractor 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.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; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement 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. 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. Statutory Requirements and Notices relating to Unauthorized Employment and Subcontracts and E-Verify System: In accordance with Section 448.095, Florida Statutes, any 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 3 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 Agreement term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095,Florida Statutes. Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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,proposals,or replies on leases of real property to apublic 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 36 months following the date of being placed on the convicted vendor list. Scrutinized Companies: Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, Florida Statutes, the Department may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for more than one million dollars,the Contractor certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Terrorism Sector List or engaged with business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant to Section 287.135,Florida Statutes, the Department may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Terrorism Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. As provided in Subsection 287.135(8), Florida Statutes, if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. Disclosure of Gifts from Foreign Sources: If this Agreement is $100,000 or more, the Contractor shall disclose to the County any current or prior interest of, any contract with,or any grant or gift received from a foreign country of concern, as defined in Section 286.101,Florida Statutes, if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity,the amount of the contract or grant or gift or the value of the interest disclosed,the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift,and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Contractor must also provide a copy of such disclosure to the State of Florida Department of Financial Services. Suspended Person/Business Entity, Subsection 2-347(l), Monroe County Code: In accordance with Monroe County Code Subsection 2-347(1), the Contractor hereby swears and affirms that it is not a suspended person or business entity. The employment of a suspended person/business entity is a material breach of the County/Contractor contract and entitles the County, in its discretion, to 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. 4 Indemnification&Hold Harmless: Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Contractor shall, indemnify, and hold the County, and the County's elected and appointed officers and employees, harmless from and against any claims, actions or causes of action, third-party claims for any litigation,administrative proceedings,appellate proceedings,or other proceedings relating to any type of injury (including death), or damage to tangible property including reasonable attorneys' fees and court costs finally awarded,by reason of, or in connection with: (A)the performance of the Work by the Contractor or its employees, agents, or subcontractors,but only to the extent caused by the negligent acts or omissions or willful misconduct of the Contractor or its employees,agents,or subcontractors; (B)the negligence or recklessness,intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub- contractors or other invitees to the extent caused by such parties; or(C) a material breach of this Agreement by the Contractor,to the extent such breach results in third-party claims. Notwithstanding the foregoing,the Contractor shall not be obligated to indemnify or defend the County to the extent a claim is caused by the sole negligence or willful misconduct of the County or its elected or appointed officials, officers, or employees. The Contractor's obligation to defend shall apply upon tender of a claim,but only to the extent of the Contractor's proportionate fault. This section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement for the period required by applicable law. Insurance: At all times during the term of this Agreement(including any extensions thereof),the Contractor shall maintain the insurance as specified in this section.In the event the Contractor fails to maintain all insurance required by this section,the County reserves the right to immediately terminate this Agreement or suspend all work until the required insurance has been reinstated. Delays in completion of the work resulting from the Contractor's failure to maintain required insurance shall not cause the extension of any deadlines specified in this Agreement, and the Contractor agrees to indemnify and hold harmless the County for any and all increases in cost resulting from such delay. Contractor shall maintain the following coverage: • Commercial General Liability: Contractor's insurance policy shall cover, at a minimum, premises operations, personal injury (including death), property damage, products & completed operations, and blanket contractual liability. If coverage is provided on a Claims Made basis, Contractor's policy must provide for claims filed during the term of this Agreement,and for twelve(12)months after its termination or expiration. Contractor's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The minimum limits acceptable are: $300,000 Combined Single Limit(CSL) • Worker's Compensation: Contractor's insurance policy shall reflect coverage and limits sufficient to meet requirements of Chapter 440, Florida Statutes. • Employer's Liability: In addition to any Worker's Compensation insurance required by this Agreement, Contractor shall maintain Employer Liability insurance. The minimum acceptable limits of liability are S100,000 bodily injury by Accident; S100,000 bodily injury by disease per Employee; $100,000 bodily injury by disease Aggregate. 5 Business Auto Liability: Contractor's insurance policy shall provide coverage for all owned,non-owned, and hired vehicles used in the performance of work under this Agreement. Contractor's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The minimum acceptable limit is: $300,000 Combined Single Limit (CSL). If Split Limits are provided, the minimum acceptable limits are: $200,000 per person; $300,000 per Occurrence; $100,000 Property Damage. Prior to commencement of work under this Agreement, Contractor shall provide to the County Risk Manager satisfactory evidence of the required insurance,which may be a Certificate of Insurance or a copy of the insurance policy. The County reserves the right to request a certified copy of the Contractor's insurance policy. Any deviation from the insurance requirements specified herein must be approved by the County's Risk Manager on an approved Insurance Waiver Form. Insurance Waivers may be requested from the Risk Management Department: Tel: (305) 292-3470; Email: risk—management aymonroecounty-fl.gov. COUNTY FORMS: By signing this Agreement, the Contractor has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Vendor Certification Regarding Scrutinized Companies List and Affidavit Attesting to Noncoercive Conduct for Labor or Services as set forth in more detail in this Agreement. PUBLIC ENTITY CRIME STATEMENT: The Contractor certifies and agrees that neither the Contractor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 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. 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 contracts 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 perform work as a contractor, supplier, or subcontractor 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 36 months from the date of being placed on the convicted vendor list. By signing this Agreement,the 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 the County's competitive procurement activities. In addition to the foregoing, the 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 formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. The 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. 6 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. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS: The Contractor agrees and certifies compliance with the following: Section 287.135,Florida Statutes prohibits a Contractor 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 Contractor is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 21 5.4725,Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a Contractor from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of S 1,000,000 or more, if the Contractor/company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Lists which were created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria and is not on the State Board of Administration's "Scrutinized List of Prohibited Companies" available under the quarterly reports section at https://www.sbafla.com/reporting//. As the person authorized to sign on behalf of Contractor,I hereby certify that the Contractor identified above 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 List,or engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the Contractor 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 Contractor 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 List or been engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. Note: The List are available at the following Department of Management Services Site: hiip://www.dms.myflorida.com/business_operations/state purchasin vendor information/convicte d u .pc r do dJs..cl rrnm. .tcti;r prints vc;r dor Diets NON-COLLUSION AFFIDAVIT: The Contractor,by signing this Agreement, according to law on my oath, and under penalty of perjury, deposes and says that the person signing on behalf of the firm of the Contractor or the bidder making the Proposal for the project described in the Scope of Work has executed the said proposal with full authority to do so and the prices in this bid 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 bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person,partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition. 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 affidavit in awarding contracts for said project. 7 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES:The Contractor is required to provide an affidavit under penalty of perjury attesting that the Contractor 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 threatening 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 of the 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 threatening 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 the Contractor, I certify under penalties of perjury that the Contractor does not use coercion for labor or services in accordance with Section 787.06. Additionally, the Contractor has reviewed Section 787.06,Florida Statutes, and agrees to abide by same. Christine Digitally signed by Christine Hurley COM,ct Hurley Date:2026.03.18 Y 08:28:12-04'00' Signature MONROE COUNTY ATTORNEYS OFFCE APPROVED AS TO FORAM President Commercial Title 35t8TANTGO t1NETV ATTORNEY March 3, 2026 DATE: 1 Q3 2026 Date 8 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU U Ir' e IllJlui�����U„Il�lllllli�� Solicitation Number: 061323 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Tarkett USA Inc., 30000 Aurora Road, Solon, OH 44139 (Supplier). 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 entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Flooring Materials with Related 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 EXTENSION. 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 expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES Rev. 3/2022 1 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 which they are intended. Supplier's dealers and distributors must agree to assist 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 Sourcewell a current means to validate or authenticate Supplier'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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 and Products that are acceptable to the Participating Entity. Supplier must 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 anytime 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 electronically 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU • Identify the applicable Sourcewell 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 • Include a complete 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. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and 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, interlocal, 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 any 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 Sourcewell. 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. Supplier's employees 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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/PARTICIPATING 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 REQUIREMENTS. 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. Sourcewell, 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, immediately 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 2. 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 will be determined by the Participating Entity making the purchase. Rev. 3/2022 5 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. 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 Sourcewell 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 (i.e., 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 Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Products provided to Rev. 3/2022 6 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 Sourcewell 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 Sourcewell under this Contract. Notwithstanding anything to the contrary, Supplier must pay Sourcewell 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 Sourcewell 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, Sourcewell reserves the right to cancel this Contract and reject any proposal 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 Sourcewell in writing. 10. 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 7 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably 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. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any 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 Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell 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 Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell Rev. 3/2022 8 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU under this Contract and as it applies 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 materials 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. 2. 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 granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use, Quality Control. 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, websites, and the like bearing the other party's name or logo (excepting Sourcewell'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 Sourcewell's written 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 releases, 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, publications, or services provided resulting from this Contract. Rev. 3/2022 9 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell 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 proceedings 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 MAJEURE 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. SEVERABILITY 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 dispute 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 Supplier 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU work, the Supplier will bear any additional costs incurred by Sourcewell 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 default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming 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 insurance company(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 $500,000 policy limit for bodily injury by disease $500,000 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 than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits 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: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. 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 on 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 computer 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 default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell 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 Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, 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 Sourcewell, 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 policy 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 insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all 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 subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this 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. All Equipment, Products, or Services provided under this Contract must comply fully with 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, state/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 Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell 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. 3/2022 13 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it 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-UNITED 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 clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 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 laborers 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 must 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 awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public 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$100,000 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 materials 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 an award for all contracts by Sourcewell 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 THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 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 applicable requirements as referenced above. Rev. 3/2022 15 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System 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 excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 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 AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay 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 any lobbying with 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 REQUIREMENTS. To the extent applicable, Supplier must comply with 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 American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.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 making audits, examinations, excerpts, and transcriptions. The Rev. 3/2022 16 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU right also includes 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. § 200.322). 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 quantity 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 SEAL(S), LOGOS, AND FLAGS. The Supplier 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 any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False 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 certifies 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 OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). 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, must 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 applicable 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 C.F.R. § 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 Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Tarkett USA Inc. DocuSigned by: DocuSigned by: ,�WUM� S(6AYfAj Iusf� 36o u, By: COFD2A139D06489 By: 430710BA27F44AD . Jeremy Schwartz 7 Rusty Joyce Title: Chief Procurement Officer Title: President-Commercial 8/10/2023 1 3:24 PM CDT 8/10/2023 1 12:40 PM PDT Date: Date: Approved: 'DOCUSSAigned bAy':I I{1-'� By: E 48BAF7180894454... Chad Coauette Title: Executive Director/CEO 8/11/2023 1 8:04 AM CDT Date: Rev. 3/2022 18 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 RFP 061323 - Flooring Materials, with Related Supplies and Services Vendor Details Company Name: Tarkett USA Inc. 30000 Aurora Rd Address: Solon, Georgia 44139 Contact: John Sumlin Email: John.Sumlin@tarkett.com Phone: 706-281-2791 Fax: 706-259-2657 HST#: 63-1185575 Submission Details Created On: Tuesday April 25,2023 08:06:51 Submitted On: Tuesday June 13,2023 12:26:11 Submitted By: John Sumlin Email: John.Sumiin@tarkett.com Transaction#: 743e79e7-dff6-459e-805e-c0a59b52afef Submitter's I Address: 104.129.207.98 Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 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 "N/A" if the question does not apply to you (preferably with an explanation). Line Question Response* Item 1 Proposer Legal Name (one legal entity only): Tarkett USA Inc. (In the event of award, will execute the resulting contract as "Supplier") 2 Identify all subsidiary entities of the Proposer Johnsonite by Tarkett whose equipment, products, or services are included in the Proposal. 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 1 or Line 2 above. 4 Provide your CAGE code or Unique Entity QJQCMQY6HRF5 Identifier (SAM): 5 Proposer Physical Address: 30000 Aurora Road Solon OH 44139 6 Proposer website address (or addresses): www.tarkett.com 7 Proposer's Authorized Representative (name, Rusty Joyce, President-Commercial title, address, email address & phone) (The 30000 Aurora Road, Solon OH 44139 representative must have authority to sign Rusty.Joyce@tarkett.com the "Proposer's Assurance of Compliance" on 706-281-2730 behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 8 Proposer's primary contact for this proposal John Sumlin, VP Strategic Accounts, Education (name, title, address, email 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.collins@tarkett.com 706-281-2730 Table 2A: Depth and Breadth of Offered Equipment Products and Services Line Question Response Item 10 Provide a detailed description of the The Tarkett family has grown strategically through the years to provide the industry's products, and services that you are offering most comprehensive portfolio of sustainable flooring solutions, Service solutions in your proposal. including cutting-edge design and technologies from Johnsonite and formerly Tandus Centiva. All the same great flooring and accessories you've trusted for years, now offered within the Tarkett Solution SPECtrumTM. Modular Carpet Tiles & Planks 2424, 18x36, 9x36 sizes PVC Free + Cushion Backed Options Ethos@ Modular Backing with Omni-Coat TechnologyTM PVC Free, Silver C 2C, eliminates pH, RH and MVER testing. Flex-Aire TM 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 Desking Solution Powerbond@ A 6'0" W 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@ 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 Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 relative humidity (RH) testing is needed, reducing install costs and time. Powerbond is impermeable to moisture; welded seams create wall-to-wall moisture barrier. Broadloom Tarkett manufactures award-winning designed broadloom and a reputation for superior quality. Our tufted broadloom epitomizes sophisticated design and work in tandem with all Tarkett soft and hard surface platforms offering solutions for Workplace, Senior Living, Healthcare, Hospitality and Education. Multiple backings support performance, budget and acoustic requirements. Woven Tarkett's wovens represent the ultimate in luxury and performance. Drawing on weaving techniques handed down through centuries, our design team's contemporary approach to woven broadloom offers an elegant, high end aesthetic in a vast range of designs and colorways for the fractional luxury component in any commercial environment. Luxury Vinyl Tiles & Planks (LVT) Tarkett LVT offers a wide range of sizes, shapes, textures and patterns designed to withstands heavy traffic, with extra resistance to scuffs, scratches and stains. Our patented TechtonicTm advanced polyurethane technology is a massive shift forward in performance for hard surface floors. Techtonic offers 40% better scratch resistance, 18% better abrasion resistance and 50+ million square feet delivered without a claim 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, helping create quieter, more productive workspaces. Install Even Plane alongside carpet tile— without transition strips— for additional comfort and delineation of space. With a 32- mil wear layer and state-of-the-art Techtonic® protection, Even Plane raises the grade on performance, while keeping your feet on even ground. Adaptt LVT with SureSetTM technology is designed to drastically reduce the time and expense of your next floor installation. A unique 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 site. 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 flooring combines a broad portfolio of patterns and colorways with high performance for schools, hospitals and other high traffic areas. From heterogeneous sheet composed of several layers, including a printed 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 environment. Linoleum 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 linoleum is made from 94% natural raw materials (linseed oil, wood and cork flour, and resins) and is treated with our unique xf1surface protection for durability, easy cleaning and cost- effective maintenance. Tarkett linoleum is the world's first to be certified Cradle to Cradle. Rubber Flooring Tarkett rubber flooring offers the largest collection of colors, patterns and textures in the industry. Naturally slip resistant, shock absorbing and underfoot comfort, Tarkett Rubber flooring is perfect for environments that require high performance, durability and acoustic enhancement. Tarkett Rubber has endless custom capabilities, perfect for branding and way finding. Composition Tile Composition tiles provide economic value and a multitude of patterns, colorways and quality options to optimize performance across a number of high traffic installation areas. Composite tiles are budget friendly and withstand heavy foot and rolling 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 static dissipative and static conductive flooring solutions engineered to keep sensitive environments such computer rooms, data centers, laboratories, clean rooms and ESD-sensitive areas in hospitals and the electronics and equipment they house safe. Our SDT solutions cover a range of product categories designed to coordinate with colorways and products with in the Tarkett Solution SPECtrumTM Sports I Multi Function Flooring From multi-use gym flooring to competitive basketball courts and yoga studios, sports surfaces need to be adapted to different activities and levels of competition. With every sports flooring solution, we provide the knowledge and expertise to make each project a success. Specialty Applications There are often special spaces within a commercial Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 environment that need unique flooring solutions to optimize performance or contribute to safety. Tarkett offers solutions for Acoustics JEnhanced slip resistance Resistance to oil and grease I Electrical resistance and static dissipation] Safe egress I Tarkett's portfolio of specialty flooring coordinates with all Tarkett products. Wall Base That detail between the wall and the floor that brings the whole space together. Our portfolio of options is the strongest in the industry. Tarkett offers more profiles, colors and finishes to compliment your interior space than any other flooring manufacturer. Our wall base product lines are designed to perform, contribute to safety and reduce install schedules. If an architectural/wood detail is desired Tarkett Millwork® is a perfect solution, eliminating variable fabrication costs and assuring reduced maintenance costs. Millwork® Masquerade offers endless custom capabilities to match finishes or unique, branded design. Stairwell Management Proper stairwell management minimizes risk by balancing safety and performance, leading to a measurable long- term return. Our integrated stairwell management system includes rubber and vinyl treads, nosing and accessories that enhance the flow of a space, allowing people to move safely and comfortably. Available in a broad array of profiles, textures, patterns and colors to compliment interior finishes and architectural details. Finishing Accessories In high-performance environments, every element works together to create synergy. Interior designs must meet the recommendations of the Americans with Disabilities Act (ADA). To help, we offer an entire family of finishing accessories that will comply with regulations while complementing the existing finish elements. Installations Accessories From Tarkett TAPE TM for floating, configurable modular carpet installations to RoIISmartTM, an easy-to-apply LVT adhesive that facilitates faster installation, we measure the total cost of installation and ownership and to improve productivity and reduce cost. Turnkey Installation Services SourceOne® Services channels all 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 manufacturing, Flexible, preferred flooring procurement, furniture lift, delivery and installation, existing flooring recycling, maintenance training, long-term onsite support, ImaginationSTM Custom Design Logo and inset Floor Program We have attached a product brochure as well, or you can access via: https://tarkett- my.sharepoint.com/:b:/p/John_sumlin/ESBUxO5STBFHsKw77sMiwrABwY4PvTgeBppcM8g Xt3JMRw?e=bORzKc 11 What levels of service (material only, turnkey, Tarkett is proposing: 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 detail the following elements MWBE designations to help with participating agency needs for MWBE set side (Lines #14-16) of installation services. dollars and local business investment. Tarkett also created the first manufacturer lead installation services group in the industry. Blockbuster Video came to us in late 1980s seeking a multi-site solution that allowed them to use our Powerbond 6' carpet product with installation services with one point of contact, combined material and labor warranties, and multi-site project management. Our Source One services was then created and has grown substantially. The industry has followed, and most major mills now offer a "Source One" like turnkey service solution. 14 How does the Participating Entity select an Tarkett supports the participating agencies willingness and desire to support any of installer? our install options covered in our answer to question 13. If a preferred dealer is not currently "approved" Tarkett can evaluate and add dealers to our network to support participating agencies. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 15 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 installers and maintenance providers on a jurisdictions where work is performed? regular basis across all our segments (Workplace, Health Care, Hospitality, Retail, ED/GOV 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 Tarkett's 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 partner's first job with us. This allows us to personally 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 U.S. States as required. 16 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 provided in the upload section. to use? If so, please upload a copy with response. Table 2B: 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 in the text box provided, as necessary. Line Item Category or Type Offered Comments 17 Resilient r Yes r` No 18 Ceramic r: Yes Ceramic options will be made available r No on a case-by-case basis as a Furnish and Install (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 (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. 20 Wood r Yes r: No 21 Hardwood r Yes r No 22 Laminate f•Yes r No 23 Rubber r: Yes r No Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 24 Vinyl r: Yes r No 25 Broadloom Yes No 26 Carpet Tile r: Yes r" No 27 Epoxy r: Yes Epoxy options will be made available on r No a case-by-case basis as a Furnish and Install (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. 28 Flooring hybrids r: Yes r No 29 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 flooring materials complementary to the offering above (Lines #17 - 30) 32 Services related 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 cleaning of flooring materials complementary to the It is highly important to include floor care offering above (Lines #17 - 30) into a flooring project and a flooring contract. Appropriate floorcare 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 replacements. 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 Line The Pricing Offered in this Proposal is:* Comments Item 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 during the term of an awarded Contract as described in the RFP,the template Contract, and the Sourcewell Price and Product Change Request Form. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Item Question Response 34 Describe your pricing model (e.g., line-item discounts or Tarkett's pricing model is a line item discount off the market list product-category discounts). Provide detailed pricing data price. The discounts range varies by product line with the greatest (including standard or list pricing and the Sourcewell discounts offered on product solutions in greatest demand. Our discounted price) on all of the items that you want product catalog shows the product/style name, list price, discount off Sourcewell 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 smallest need (i.e. one carton) up to large Upload your pricing materials (if applicable) in the renovation projects. Tarkett will treat each project independently and document upload section of your response. consider market conditions, volume, project scope to offer best value pricing on every job. We are a quality material manufacturer that specializes in suppling commercial grade materials. We are ideally suited for the participating agency members at Sourcewell. Our labor price list offer an extensive selection of services. To cover all areas with varying economic trends, we provide a Not-to- Exceed Price for each service in a format including 7 specific regions of the U.S. (identified by states included in each). This price list will allow an entity to budget a project, knowing it will not exceed the price in their region. The labor schedule allows for standard rates as well as prevailing wage. 35 If Proposer is including installation services within its Our extensive list of services allows our approved flooring proposal, please describe how installation services will be contractors and our in house installation group (Source One) to priced, including applicable labor rates that may apply. How break any project down item by item for a comprehensive proposal will Proposer address any prevailing wage requirements of showing products and installation. Our Labor Price List includes Participating Entities? Prevailing Wage pricing for every service in every region Sourcewell Serves., Our approved flooring contractors and Source One installation Partners are highly trained managing this type of project. 36 Quantify the pricing discount represented by the pricing Tarkett is providing a discount off list pricing. Percentage discounts proposal in this response. For example, if the pricing in vary depending on product platform 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. Modular Tile: 28 to 52% Powerbond: 29 to 57% Luxury Vinyl Tile: 27 to 51% Resilient (including but not limited to sheet vinyl, rubber, wall base): 20% Broadloom/Woven: 23 to 49% 37 Describe any quantity or volume 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, job location and other market factors that will offer further savings. 38 Propose a method of facilitating "sourced" products or Tarkett has the most comprehensive commercial flooring product line related services, which may 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 install allowance. This permits a participating agency may supply such items "at cost" or "at cost plus a member to complete a flooring project with materials we may not percentage," or you may supply a quote for each such manufacturer but are needed to complete the project. We do not request. include every flooring option, but a majority of what a participating agency member needs to complete a flooring project are included. 39 Identify any element of the total 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 project. In some cases, orders may be subject This includes all additional charges associated with a to a roll cut 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 applicable. delivery inspection, installation, set up, mandatory training, For Source One Turnkey service proposals we will include all or initial inspection. Identify any parties that impose such services necessary for a project based on a site visit performed by costs and their relationship to the Proposer. our installer. We work diligently to avoid any need for Change Orders, although they sometimes come up unexpectedly during a project (for example: upon Removal of existing floorcovering, a need for extensive Floor Prep may be identified due to a problem that was not originally visible). Each proposal will also include a list of exclusions for the customer's convenience. The customer will see a full cost of each project on their proposal, including freight, sales tax, and even the California Assessment Fee for jobs in that state. 40 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 in detail the deliver its products. Product pricing does not include freight and will complete freight, shipping, and delivery program. be prepaid and added as a separate line item on the invoice. 41 Specifically describe freight, shipping, and delivery terms or Tarkett USA Inc. uses independent, third-party, freight carriers to 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 Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 42 Describe any unique distribution and/or delivery methods or The approved dealer partners servicing Sourcewell members and options offered in your proposal. their local markets have access to Tarkett and Johnsonite resilient inventory maintained by over 275 Tarkett distribution partners across the country, in addition to the stock at Tarkett warehouses. This supports faster delivery for many products and reduces lead times. Tarkett distributors receive shipments at least weekly to replenish stocked items as well as those needed on a project basis. This distribution network offers End Users some freight costs savings due to scheduled pool truck delvers that create economies by pooling shipments and maximizing freight discounts. Tarkett has perfected this delivery system. Table 5: Payment Terms and Financing Options Line Question Response* Item 43 Describe your payment terms and accepted payment Tarkett accepts the payment methods below: methods. - Wire - 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 Bill Trust account. There are no service fees for any payments, however, there is a $25,000.00 limit on payments by credit card. 44 Describe any leasing or financing options available for use Tarkett does not offer any leasing or financing options to educational by educational or governmental entities. or governmental entities 45 Describe any standard transaction documents that you We have uploaded our standard terms in the document section. propose to use in connection with an awarded contract The document further defines area like: (order forms, 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 *Custom Products response. *Asbestos Abatement *Floor Preparation *Labor Exclusions *Lead times *Returns/Cancellations 46 Do you accept the P-card procurement and payment P Cards are accepted via online Bill Trust. This option does process? If so, is there any additional cost to Sourcewell require members to register for a no cost Bill Trust account. There participating entities for using this process? is no additional service fee to pay with this option. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Table 6: Audit and Administrative Fee Line Question Response* Item 47 Specifically describe any self-audit process or program that you Tarkett has a dedicated Alliance Number that is used in plan to employ to verify compliance with your proposed Contract tracking all sales to Sourcewell members. We communicate with Sourcewell. This process includes ensuring that Sourcewell this number to members and dealer partners and it ensures participating entities obtain the proper pricing, that the Vendor that not only proper pricing is given to members but also reports all sales under the Contract each quarter, and that the tracks all sales for reporting and payment of the CAF fee. Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Tarkett's local account representatives will also randomly Sourcewell as described in the Contract template. audit the installing contractors that buy flooring and provide service to the Sourcewell member to ensure contract compliance and understanding. The Sourcewell member must make it dear that they have the "desire and ability" 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 proposals 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 will pay to Tarkett USA Inc. will offer Sourcewell a 2% contract Sourcewell for facilitating, managing, and promoting the Sourcewell administrative fee (CAF) payable on net agreement 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 agreement 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. Member's cost of goods. (See the RFP and template Contract for Participating Entities (i.e., States or other participating additional details.) agencies) that sign a participating addendum to the Tarkett Sourcewell contract may demand their own administrative fee from Tarkett in addition to the Sourcewell CAF. In the event that a participating entity demands a CAF from Tarkett, Tarkett will pay a maximum of 2% in CAF total between Sourcewell and the participating entity. Table 7: Company Information and Financial Strength Line Question Response* Item 50 Provide a brief history of your company, Tarkett's leadership position in the flooring industry is the result of 140 years of including your company's core values, experience, and builds on the talent, values and commitment of generations of business philosophy, and industry longevity entrepreneurs. Tarkett, originally known as Allibert & Sommer, our heritage of related to the requested equipment, products performance and innovation began in Paris in the late 1800s. Through our or services. acquisitions of Johnsonite, Tandus Centiva and Lexmark, we've brought a complete portfolio under the Tarkett name that meets the needs of any market segment, including Hospitality, Workplace, Education, Government, Healthcare, Retail, Multi- Family and Residential. With Tarkett, you can easily select a flooring platform for the specific needs of every space—and design with materials that don't just look beautiful, but function well. Our full palette of colors, patterns and textures is coordinated to work together visually across platforms, letting you easily carry a design aesthetic throughout an entire floorplan. While our methods have evolved, our process still begins with careful consideration of the goals held by those who live, work, and play on our surfaces each day. Taken together, we call our mixture of craft, science, and purpose Tarkett Human- Conscious 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) Remaining with you, every step of the way Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 51 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 leadership we currently provide Sourcewell and Sourcewell participating agencies. We also expect to continue to collaborate with Sourcewell for marketing and trade shows as well as attend Sourcewell events like Sourcewell University and H2O Supplier Forum. Continuing these will further grow our partnership and will enhance the participating agencies experience using Sourcewell and Tarkett. Tarkett has continued to work with and collaborate with the Sourcewell 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 examples of our thought 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 COVID was just the tip of the iceberg. The real emphasis was how we use what we learned and move into a collaborative 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 major 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 but 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 values in space, better Indoor Air Quality (IAQ) 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. This has led to discussions and an opportunity to create High Performance product offerings to K12 schools that can use best in class procurement sourcing (Sourcewell) and CHPS K12 building rating system for high 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, Sourcewell and Tarkett). The award of this RFP will continue to grow these relationships 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 Centiva at that time) introduced and drove this endorsement with CASBO. Tarkett's longstanding relationships at CASBO brought this idea forward and help execute this endorsement. Sourcewell is now the Department of General Services (DGS) CMAS (California Multiple Award Schedule) contract. Tarkett and Sourcewell has benefited due to this work. The NJPA press release is attached for reference. We hope to continue our long 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 qualified to continue to grow Sourcewell and strategic sourcing. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 52 Demonstrate your financial strength and To demonstrate our financial strength and stability, we have attached our financial stability with meaningful data. This could statements. Our Net sales for 2022 was 3,358.9 (million Euros) and for 2021 was include such items 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 triangulated and is only an estimate. Carpet Roll 10+ % Carpet Tile 10+% Heterogeneous Sheet Vinyl 5% Homogeneous Sheet Vinyl 15% Linoleum 10% LVT (Luxury Vinyl Tile) 10+% Rubber 7% VCT (Vinyl Composition Tile) 12+% Wall 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+% Heterogeneous Sheet Vinyl 19% Homogeneous Sheet Vinyl 58% 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 distributor/dealer/reseller, services and a maintenance leader with our alliances in floorcare. or a service provider? Answer whichever Tarkett has a direct sales force of over 180 + employee salespeople in North question (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/dealer/reseller (or similar entity), vertical markets in our approach and strategy. We focus on Education and provide your written authorization to act as a Government as a core competency because of our unique high quality commercially distributor/dealer/reseller for the manufacturer focused line of flooring. The industry has served residential customers first and of the products proposed in 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 ED/GOV often requires. Our sales 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 patty? 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. organization during the past ten years. Table 8: Industry Recognition & Marketplace Success Line Question Response'* Item Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 58 Describe any relevant industry awards or 2023 recognition that your company has received Green Good Design Award, LinoFloor/LinoWall and Inspired Nature in the past five years. Interior Design NYCxDESIGN Award Finalist, Even Plane and iQ Granit/iQ Eminent Fishman Flooring Solutions Vendor Partner of the Year MetropolisLikes Award - Collabrative Collection 2022 Metropolis LIKES (NYCxDESIGN), Renewal Series Interior Design (NYCxDESIGN), Renewal Series Metropolis LIKES @NeoCon, Inspired Nature Spaces4Learning New Product Awards (K-12 and Higher Ed), iQ Granit/iQ Eminent Architizer A+ Product Awards Finalist, Inspired Nature Metropolis Planet Positive Award and Editor's Pick, LinoFloor/LinoWall Interior Design Best of Year Finalist, Inspired Nature and iQ Granit/iQ Eminent Good Design Award, Inspired Nature and LinoFloor/LinoWall EFA Expo's Editor's Picks, Renewal Series Starnet Design Awards—included in multiple winning projects 2021 HiP Award Finalist, Workplace: Carpet category, Meta Firma Collection Best of NeoCon Hard-Surface Flooring: Natural Materials, Color Splash Good Design Award, FlightPath & AirSpace, Tatami System 2020 EPA Encouraging Environmental Excellence Award — Middlefield facility Azure Magazine AZ Award Winner, iD Mixonomi Interior Design Best of Year Finalist, Light Shift Collection NYCxDESIGN Award Finalist, Drop Cloth 2019 ASID Design Impact Award, Garden Walk at EFA Starnet Design Awards — Part of multiple winning projects Designer Pages Spec Stars: http://media.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: iD Mixonomi HiP Awards Finalist in the Innovative Manufacturing Process category, Tatami 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 Interiors+Sources: 2019 Readers Choice Awards, iD Mixonomi Good Design Award, Tatami System and FlightPath & AirSpace Interior Design Best of Year Award, iD Mixonomi Interior Design Best of Year Finalist, Tatami System and iD Mixonomi AN Products of the Year: Honorable Mention: Tatami System in Textiles category Honorable Mention: iD Mixonomi in Finishes + Surfaces — Indoor category Architizer A+ Awards Finalist, Pentagonals Interiors + Sources Reader's Choice Best Products, iD 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 growth in these sectors for 2023 YTD. 60 What percentage of your sales are to the 25+% education sector in the past three years? Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 61 List any state, provincial, or 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 * Omnia 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 10-20% of the overall sales. 62 List any GSA contracts or Standing Offers Tarkett holds a GSA Contract GS-27F-0032, contract sales volume 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. Entity Name Entity Type* State/ Scope of Work* Size of Transactions* Dollar Volume Past Three Province* Years* Large School 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 Products utilized include 3.5 million per year 8.5 million District Powerbond carpet, LVT, resilient and eSource One Turnkey installation services. Large faith Non-Profit Utah-UT Products utilized include 3.5 million per year 8.5 million based Powerbond and modular tile organization carpet products as well as Source One Turnkey installation services. Large School Education Texas-TX Products utilized include 2.5 million per year 7 million District Resilient, Powerbond and modular tile carpet products as well 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. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Table 10: References/Testimonials Line Item 64. Supply reference information from three customers to whom you have provided equipment, products, or services similar to the solutions sought in this RFP and who are eligible to be Sourcewell participating entities. Entity Name* Contact Name* Phone Number* Sarasota County Schools, FL Don Hampton (941) 927-9000 ext 68835 Director of Facilities Don.hampton@sarasotacountyschools.net Pasco County Schools, FL Carey Llazari (727) 774-7952 Const. Services Project Coordinator cIIazari@pasco.k12.fl.us Cypress-Fairbanks ISD Roy J. Sprague, Jr., AIA, CSI, ALEP, LE Fellow (281) 897-4108 Chief Operations Officer Table 11: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell 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 party), and any overlap between the sales and service functions. Item Question Response* 65 Sales force. 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. Tarkett maintains a strong segmented sales force that allows us to speak directly to our markets. SLED (State Local & Education) market is made up of facility administration, Maintenance and operations, Design and construction, flooring contractors, distribution partners, architects/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 consultative manner. 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 Sourcewell 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. US 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 local 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: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 68 Describe 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 CustomerCareWest@tarkett.com Participating Entities. This may include a Central CustomerCareCentral@tarkett.com step by step process identifying who is East CustomerCareEast@tarkett.com responsible for meeting the needs of the Participating Entity at each stage of delivery. Each PO will require: Sourcwell Alliance Number: 168119 Product Name/Color/Amount needed Billing and Ship too Addresses The Customer Service team will confirm receipt of order request, advise of shipment date as well as provide 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 Alliance 168119. The dealer partner will ensure they understand the scope of work needed and manage all aspects of the request from start 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. Each PO will require: Sourcwell Alliance Number: 168119 Product Name/Color/Amount needed Billing and Ship too Addresses 69 Please describe the relationship between Tarkett's relationship between our Dealer Partners and Distribution Network is 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 and the environment. In the same respect, our Regional Business Managers support our distribution 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 yearly reviews are conducted to measure not only their performance and service of Tarkett products but also our level of service to them. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 70 Describe in detail the 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-time capabilities and of daily reports for orders entered. commitments, as well as any incentives Order Management — Target: Less than an Average of 1 Sales Order Line per Day that help your providers meet your stated Factored by the number of sales order lines 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 emails, 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/or 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 products 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 the 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, Hawaii, Canada, or US Territories. These areas would be negotiated labor if that is possible or we would provide 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 Line Question Response'* Item Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 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 external 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, led 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 summit 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: https://www.youtube.com/watch?v=QDA5—M558NM a. Tarkett is launching an 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 Sourcewell landing page. Our marketing automation metrics on visits and many 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 this have been very effective in the past and can live on the Sourcewell landing page. c. Salesforce Training with new award with an elite team of AEs 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, A4LE, APPA, ASBO, ACUHOi, and numerous state and local 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 like to implement some videos and featured products and sustainability initiatives. g. Key event(s) 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 and From Jan-April 2023 across all platforms (Linkedln, Facebook, Instagram, Pinterest, and digital data (e.g., social media, YouTube) we have had over 8,000 different engagements across platforms with more than metadata usage) to enhance 125,000 followers. Our main Tarkett sites have a valuable following as well as each marketing effectiveness. Account Executives reach which has a dramatic and personalized relationship impact. We are using marketing automation to track our progress. Our likes per month 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, dealer, 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 nationally and also shared on local personal targeted accounts. This post will include information and a link on the value Sourcewell brings to their members. 79 In your view, what is Sourcewell's role Sourcewell has a goal of reaching the right individuals at participating agencies with their in promoting contracts arising out of clear value proposition. Facilities departments in addition to procurement officials are key this RFP? 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. I 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 Sourcewell-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 from Tarkett leadership. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 80 Are your products or services Tarkett does have an online 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 governmental and educational Check status of your sales order customers have used it. Review order details • Access to Order Confirmations & Invoices Table 13: Value-Added Attributes Line Question Response* Item 81 Describe any product, equipment, As a Tarkett 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 time. We know time is a valuable resource, so we are happy to schedule a visit at Include details, such as whether your convenience. training is standard or optional, • Installation Summits — Tarkett Installers working who provides training, and any with field installers at every experience level costs that apply. Sheet Vinyl and Linoleum 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 5-7 years. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 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. Powerbond Cushion RSO hybrid resilient sheet flooring (hybrid between carpet and resilient sheet flooring) has heterogeneous construction of nylon and closed-cell cushion, the tuft 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 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. Due to all these unique attributes Tarkett Powerbond@ Cushion RS flooring is CERTIFIED asthma & allergy friendly@ —the world's first soft surface flooring to receive this designation. We have provided the press release and an overview of Powerbond Cushion RS in the document upload section or you can visit the third party site directly at: https://www.allergystandards.com/news_events/tarkett-announces-that-powerbond-rs-flooring-is- certified-asth ma-all ergy-friendly/ Ethos@ Omnicoat@ modular carpet tile backing. Tarkett was the first to harness Polyvinyl Butyral (PVB) Polymer found in postconsumer windshields and safety glass over 10 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 recyclers create mountains of film found in disposed of windshields and safety glass during the glass recycling process. We use this film to make ethos@, reducing 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 Tile and Powerbond 6'): 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) repels 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 permanent stain resistant properties, Dynex SD products are treated with, Eco-EnsurerM, a fluorine-free, anti-soil chemistry, for enhanced soil protection/removal, as well as durability to foot traffic. The proprietary Eco-Ensure process/treatment 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 CertifiedTm Gold in the Material Health Category. Tarkett iQ 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 Granit and Optima with iQ construction never need wax or finish. Forever. Period. That is because iQ is not a topcoat or a wear layer. It is a proprietary technology. Also, because you never wax or finish, iQ 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 TechtonicTM is a protective polyurethane floor coating used on our LVT and is 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 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 base was developed based on a customer's challenge of the cost of keeping their wood trim repaired/painted. 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 space. Source One@ turnkey installation management program for Tarkett USA Inc. The department was created in 1991 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. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 83 Describe any "green" initiatives We are often asked to simplify our sustainability story. The truth is that making a positive or Environmental, 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 to your products working hard to make these improvements—because we value your health, and that of our or services, and include a list of environment. In our ongoing efforts to promote sustainability, achieving carbon neutrality is the certifying agency for each. just one more step toward creating a better world. Cradle to Cradle Certified TM 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 tile, Powerbond, LVT, rubber tile, homogeneous and heterogeneous vinyl sheet, and linoleum—all certified Carbonfree® by the Carbonfund 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 company 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. Our membership shows our commit to upholding all the principles on human rights, labor, environment, and anti-corruption that of which the United Nation's Global Compact stands on. 84 Describe 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 with the health and sustainability standards of Cradle to being of our members and others Cradle(D - a methodology that guides our good material choices. And even then, we're (e.g., Low VOC emissions, 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 allergen repellant materials, light ensure they measure up to our exceptionally high health and environmental standards (which reflectant). are often far higher than the recognized industry standards). Our transparency philosophy also led us to create highly detailed Environmental Product Declarations (EPD) and Material Health Statements (MHS) to share detailed information with our customers, collaborators and nOn-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 healthier spaces to live and work, that's not just talk, we mean it. In fact, by following Cradle to Cradle® principles, we have created products with healthy materials that keep VOC emissions low. In fact, our products exceed the strictest industry standards 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 certifications that further prove how we promote the health, quality of life and well-being to Sourcewell 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, labels, ratings, ESG scores or this means putting people and planet first, caring about the environment and the health of certifications that your company present and future generations incorporated by our Tarkett Human-Conscious Design® has received for the equipment or approach. products included in your It is 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 footprint 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 joining forces, we build a stronger foundation - one we can all stand firmly on, Certified, EPDs, 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.Ecomedes.com cycle design (cradle-to-cradle), or other green/sustainability factors. Cradle to Cradle Cradle to Cradle Certified® validates the ecodesign approach based on five criteria: material 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: - ethos® Modular with Omnicoat TechnologyT"' - Cradle to Cradle Silver V3.1 - LinoFloor xf2TM - Cradle to Cradle Silver v3.1 - Rubber Tile Collection — Cradle to Cradle Bronze v3.1 - Baseworks Thermoset Rubber Wallbase — Cradle to Cradle Silver v3.1 In addition to the above, many of Tarkett's adhesives + additives have earned Cradle to Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Cradle Material Health Certificates including: 100 Clear Thin Spread Adhesive 901 Spraysmart Resilient Flooring Spray Adhesive, 905 Releasable Adhesive, 925 Resilient Flooring Adhesive, 926 Rubber Sheet & Vinyl Flooring Adhesive, 959 Vinyl Tile and Plank Adhesive,960 Wall Base Adhesive, 986 Terra Turf Adhesive, C-12E Pressure Sensitive Adhesive,C-56 Premium Floor Primer, C-EX Adhesive, Greenbond B-19 Broadloom Adhesive, Rollsmart Carbon Footprint + Science Based Targets Science Based Targets: Tarkett committed in 2021 to reducing its whole value chain emissions by 30% by 2030 compared to 2019, and submitted its short-term 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 it 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 90% of Tarkett's overall GHG emissions. Tarkett has published Product Specific EPDs for the below products: - ethos® Modular with Omnicoat TechnologyTH - Powerbond - Flex-Aire - Baseworks - Rubber Tile Collection - HO Product Range - Acczent Range - Even Plane - LinoFloor XPTM 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 information, drive collaboration on sustainability 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 100 ppm - ethos® Modular with Omnicoat TechnologyTM - Baseworks - Rubber Tile Collection - HO Product Range - Acczent Range - Even Plane - LinoFloor xf2TM Declare Label: - ethos® Modular with Omnicoat TechnologyTM - LinoFloor xf2TM - Rubber Tile Collection Indoor Air Quality Since 2011, Tarkett has been a pioneer in developing flooring with low or ultra-low levels of Volatile Organic Compounds (VOC) emissions in nearly all of its product ranges. Tarkett offers products with total VOC emissions that are 10 to 100 times lower than the most stringent world standards. This effort had been recognized by several certifications:99% of Tarkett's products (globally) are tested and comply with the appropriate VOC test. The testing scopes used are: - Floorscore Certification - CRI Green Label Plus - Greenguard Asthma + Allergy Certification: Tarkett North America offers and commercial flooring solutions that have been certified asthma & allergy friendly® by AAFA (all FiberFloor@ vinyl ranges as well as other products such as iD Inspiration®, Acczent, several laminated ranges, and a soft surface flooring with Powerbond® RS). For flooring to be certified asthma & allergy friendly®, AAFA's independent third-party testing must show that the floor is 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: - iD Latitude - iQ collection - Acczent collection - Performa - Powerbond RS ReStart Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Tarkett is committed to building a circular economy, notably through the collection and recycling of used flooring and sports surfaces. ReStari@ is Tarkett's flagship program for flooring waste collection. From 2010 — 2022 Tarkett (globally) has collected 115,000 tons. 86 Please identify whether Proposer Tarkett 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 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 acquisition/ownership 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 use/life. Powerbond - a hybrid resilient sheet flooring is a closed-cell cushion backing that is inseparable (cannot delaminate 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 condition. 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 tell 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 world's 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 workspaces. The BrillianceSM Digital Color System from Tarkett is about so much more than color. It's about working more efficiently. Getting more done in the hours we have. Feel more confident in our material selections—all 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 samples—all in one virtual place. By getting the right color match every time, 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 flooring products, wall base, stairwell management and finishing accessories. When you don't see the exact color you need, create it. Tarkett's custom coloring 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, Johnsonite's stairwell management system helps 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. IMAGINATIONS/FLOOR ART may include but are not limited to logos, mascots, or images that are unique or repeated designs (animals, stars, flowers, etc.). Tarkett 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 line 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 design vision a reality. Tarkett's YouTube channel (https://www.youtube.com/@TarkettContract) provides members with helpful videos on areas like customer testimonials, 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, iQ offers outstanding performance and the industry's lowest life cycle costs. In addition to extreme resistance to wear, stains, and abrasions in high-traffic areas; Tarkett's Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 proprietary iQ technology eliminates the need for refinishing over the life of the floor; 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 anti-slip are also available. TechtonicTm Tarkett TechtonicTM 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 stains—defending both your floors, and your peace of mind. Tarkett's vision is to continue to grow relationships that foster strategic sourcing and Sourcewell. We believe this makes us uniquely qualified to continue to grow Sourcewell and strategic sourcing. These are 3 examples of our thought 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 COVID was just the tip of the iceberg. The real emphasis was how we use what we learned and move into a collaborative 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 major 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 but 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 values in space, better Indoor Air Quality (IAQ) 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. This has led to discussions and an opportunity to create High Performance product offerings to K12 schools that can use best in class procurement sourcing (Sourcewell) and CHPS K12 building rating system for high 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, Sourcewell and Tarkett). The award of this RFP will continue to grow these relationships 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 Centiva at that time) introduced and drove this endorsement with CASBO. Tarkett's longstanding relationships at CASBO brought this idea forward and help execute this endorsement. Sourcewell is now the Department of General Services (DGS) CMAS (California Multiple Award Schedule) contract. Tarkett and Sourcewell has benefited due to this work. The NJPA press release is attached for reference. We hope to continue our long and strong partnerships into the future. Table 14A: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure.You may upload representative samples of your warranty materials (if applicable) in the document Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 upload section of your response in addition to responding to the questions below. Line Question Response* Item 88 Do your warranties cover all products, parts, and Yes, Tarkett products have varying commercial warranty time frames. labor? *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 tile and planks — we offer a range of LVT lines that offer various warranties including 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 10 year warranty *Rubber Products- 5 years *Wall base and accessories — 2 years *Labor provided by Source One Turnkey — 3 years You can search the full warranty details at https://commercial.tarkett.com/resou rce-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 Tarkett 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 full warranty details at https://commercial.tarkett.com/resou rce-center/specifications-warranties 90 Do your warranties cover the expense of Yes, products must have been properly installed in accordance with Tarkett's technicians' travel time and mileage to perform published guideline and Tarkett adhesives must be used. warranty repairs? 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 details at https://commercial.tarkett.com/resou rce-center/specifications-warranties 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 Sourcewell 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. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 93 What are your proposed exchange and return Soft Surface Products: programs and policies? *Customer 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. *Material 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, Adaptt 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: •Customer 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. *Material 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. NOTE: 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 Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Table 148: 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 representative samples of your performance materials (if applicable)in the document upload section of your response in addition to responding to the questions below. Line Question Response Item 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 ASTM 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. And 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 in a timely 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 job 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 standards 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 programs, 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 find 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 had for Source One in 2023 (Jan- May), with a response rate of 22% (national average is 12.4%) and an NPS score of 96 (national average ranges from 25 to 40). Exceptions to Terms, Conditions, or Specifications Form Only those IRroposeir Exceptions to Terms, Conditions,or Specifications that have Ibeeini accepted by Sourcewell have been incorporated iinrto the contract 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 Sourcewell. 3. Sourcewell may reject any response where any document(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 zipped 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 Plan category save the document as"Marketing Plan." Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. 000uoign Envelope ID: aoso41zo-6pAo-4001-9osnoanaea1za000 * Pribcinq'Tark»#Gourcowo| Catalog for RFP0O1323.pdf' Tuesday June 13. 2O2312:18:5O * Financial Strength and Stability'Table 7_52. Tarko�Financial a��ment4df' Fhday June O9. 2O231O:3S:54 * 'K4a�e�ngGam�oo.zip' Monday June 12. 2O2312:34:16 * VVK4BE/MBE/SBEorRelated Certificates (optional) * Warranty Information 'Tab|o 14a VVamanty.zip' Friday June 08. 2023 15:10:45 * Standard Transaction DocumenLSamples'Standard dooumento.zip'Friday June U9. 2O2315:45:5O * Reauested ExceDtions'Table 15_97 Terms ned|inao.doox' Friday June U9. 2O231U:41:13 * Upload Additional Document'Additiona| Dooumontezip' Monday June 12, 2023 08:02:30 Bid Number: RFP881323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in 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. 3. 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 under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly 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 trade or competitiveness in 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 could 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. 5. 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 solicitation. 6. 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. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. 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 Sourcewell Members under an awarded Contract. 9. The Proposer will 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, subdivision 4, all 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 Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the"Specially Designated Nationals and Blocked Persons"list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasuryaov/ofac/downloads/sdniist.pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.aov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. ry By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this 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 enforceability 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 contemplated in the bid. r- Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and pages attachments(if applicable) Addendum_7_RFP_061323_Flooring 1 Fri June 2 2023 03:02 PM Addend um_6_RFP 061323_Flooring Tue May 30 2023 03:03 PM 1 Addend um_5_RFP_061323_Flooring 1 Tue May 23 2023 03:08 PM Addend um_4_RFP 061323_Flooring 2 Thu May 18 2023 01:36 PM Addendum_3_RFP_061323_Flooring 1 Wed May 17 2023 04:25 PM Addend um_2_RFP 061323_Flooring 1 Tue May 16 2023 03:20 PM Addend um_1_RFP_061323_Flooring P 1 Tue May 9 2023 09:07 AM Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. "��,jk¢4ME W�. 0 Y Soumewell RFP #061323 REQUEST FOR PROPOSALS for Flooring Materials with Related Supplies and Services Proposal Due Date: June 13, 2023, 4:30 p.m., Central Time 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. 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 [https://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. SOLICITATION SCHEDULE Public Notice of RFP Published: April 25, 2023 Pre-proposal Conference: May 17, 2023, 10:00 a.m., Central Time 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#061323 Flooring Materials with Related Supplies and Services Page 1 I. ABOUT SOURCEWELL A. SOURCEWELL 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 facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell's solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell's Participating Entities procure equipment, products, and services. Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell 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 suppliers' potential pool of end users. Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. USE 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; • Tribal government entities; • Some nonprofit entities; and • Other public entities. In Canada, Sourcewell's contracts are available for use by: • Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • 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 1 Pursuant to HAIR§3-128-2,the State of Hawaii, Department of Accounting and General Services,State Procurement Office,on behalf of the State of Hawaii and participating jurisdictions,has provided notice of its Intent to Participate in the solicitation as a participating entity. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 2 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 ownership 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 the 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, Civiclnfo 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): https://www.sourcewell-mn.gov/sourcewell-for- vendors/agency-locator. 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 Sourcewell 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 officials receive notice and are encouraged to re-post the solicitation opportunity. Proof of publication will be available at the conclusion of the solicitation process. II. 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 that are commonly desired or are required by law or industry standards. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 3 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 include, but are not limited to the following types of flooring solutions; a. Resilient; b. Ceramic; c. Porcelain Tile; d. Wood; e. Hardwood; f. Laminate; g. Rubber; h. Vinyl; i. Broadloom carpet; j. Carpet Tile; k. Epoxy; I. Flooring hybrids; m. Floor mats; n. Rugs; o. 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 may include related equipment, accessories, supplies and services to the extent that these solutions are ancillary or complementary 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 include a services-only solutions. 3. 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 #031022); and, b. Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies (RFP#031622). Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 4 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 and bring to operation the equipment or products being proposed. Sourcewell prefers suppliers that provide a sole source 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 regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities. 1. 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 will 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. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational. 5. Warranty. 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 based on the best interests of Sourcewell and its Participating Entities. Sourcewell retains the right to Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 5 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 transactions from contracts resulting from this RFP are anticipated to be USD $60 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) 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. ADDITIONAL 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 proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion. 3. 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 should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell 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 subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 6. A proposer's documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell 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 III. PRICING A. REQUIREMENTS All proposed pricing must be: 1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Line-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 MSRP 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, or 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 (as applicable). 4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g.,the cost of the proposed equipment, products, 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. ADMINISTRATIVE FEES Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable 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 and 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 Minnesota law may result in the proposal being disqualified from further review and evaluation. 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: 1. 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 30 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-mandatory 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 allow potential proposers to ask questions regarding this RFP and Sourcewell'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-proposal conference attendance is optional. B. QUESTIONS 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 questions 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 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 8 C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP 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 proposal 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 Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. 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 allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues. Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell's support provider at support@ bidsandtenders.ca. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 9 To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. Within the Sourcewell 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 submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential 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 proposal 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 will be 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 Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed 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 Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 10 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 Sourcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the number 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: o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities' use; and o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social 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 proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell 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 50 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 Box 219, Staples, MN 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 Sourcewell's notice of contract award(s) or non-award. and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. 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 original 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. D. RIGHTS RESERVED This RFP 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 an attribute or condition stated by the proposer may be rejected. Sourcewell reserves the right to: • Modify or cancel this RFP at any time; • Reject any and all proposals received; • Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, 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 any 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 • 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 and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer's responsibility to clearly 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 substantially or in their entirety. Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 13 III Sourcewell 05/09/2023 Addendum No. 1 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 14B Line Item 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 allow a proposer to describe any performance standards or guarantees associated with any services offered as part of their proposal. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/09/2023, is required at the time of proposal submittal. III Sourcewell 05/16/2023 Addendum No. 2 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: Will the pre-proposal conference be recorded? Answer 1: A copy of the presentation slides for the Sourcewell pre-proposal conference will be made available to all registered vendors after the completion of the webcast. In addition, assuming no technical difficulties, a link to a recording of the webcast will be shared and posted within the RFP's "Bid Documents" section on the Sourcewell Procurement Portal. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/16/2023, is required at the time of proposal submittal. III Sourcewell 05/17/2023 Addendum No. 3 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: Table 213: 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 Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/17/2023, is required at the time of proposal submittal. III Sourcewell 05/18/2023 Addendum No. 4 Solicitation Number: RFP 061323 Solicitation 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 PO 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. Sourcewell 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 look like. Answer 2: Refer to RFP Section II. F. — Marketing Plan for guidance on the marketing plan requirements. Each proposer, 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? Answer 3: A CAGE or Unique Entity Identifier (SAM) code is not required to be considered for or awarded a Sourcewell contract. Proposals are evaluated 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 061323 posted to the Sourcewell Procurement Portal on 05/18/2023, is required at the time of proposal submittal. 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 an award, what are you really referring to? Answer 1: In the competitive process, Sourcewell 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 061323 posted to the Sourcewell Procurement Portal on 05/23/2023, is required at the time of proposal submittal. .Sourcewell U�� �PIiNi� 05/30/2023 Addendum No. 6 Solicitation Number: RFP 061323 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 Addendum: 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 pm to 12:00am (EST). The remainder of the RFP content and the solicitation schedule remains 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. Sourcewell U�� jPI�Ni�N° 06/02/2023 Addendum No. 7 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: Item 97: To identify any exception, or to request any modification, to Sourcewell 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 Sourcewell 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 the Bid Details page of the Sourcewell Procurement portal. The Contract Template contains the standard contract terms and conditions. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 06/02/2023, is required at the time of proposal submittal. The This document printed New York State Tuesday, 04/25/2023 M Contract Reporter NYS'official source of contracting opportunities Bringing business and government together ContractingOpportunity 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: 04/25/2023 Due Date/Time: 06/13/2023 4:30 PM Central Time County(ies): All NYS counties Classification: Construction Vertical: Building Construction; Rehabilitation & New Construction - Commodities Opportunity Type: General Entered By: Tara Wolff 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. 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 [https://proportal .sourcewell-mn.9-ov]. 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. 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, LLC 1 of 5 Mannington Mills, Inc. Mohawk Carpet Distribution, Inc. Shaw Industries, Inc. Tarkett USA, Inc. 2 of 5 Contact Information Primary contact: Sourcewell Procurement Department Tara Wolff Procurement Manager 20212th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-541-5362 rfposourcewell-mn.gov Submit to contact: Sourcewell Procurement Department Tara Wolff Procurement Manager 20212th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-541-5362 rfpo,sourcewell-mn.gov 3 of 5 Bid Results Bid Results have not been entered 4 of 5 Awards Awards have not been entered © 2023, Empire State Development http://www.esd.ny.gov/ 5 of 5 Daily Journal of Commerce 11 NE Martin Luther King Jr Blvd. E � , 0 1 , Portland, OR, 97232 DJ C o —R Phone: 503-226-1311 Fax: 503-222-5358 Affidavit of Publication To: Sourcewell - Carol Jackson Po Box 219 Staples, MN, 564790219 Re: Legal Notice 2497782 State of OR } } SS: County of Multnomah } I, Nick Bjork, being duly sworn, depose and say that I am the Publisher of the Daily 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 I 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 following issues: 04/26/2023. SEE EXHIBIT A State of Oregon County of Multnomah SIGNED OR ATTESTED BEFORE ME ON 2nd day of May 2023 By: 4�--f 6" -1 --,/\ Nick Bjork By. State of Oregon Notary Public, State of OR No. 1031542 My commission expires on December 5, 2026 OFFICIAL STAMP MICHELLE ANNE R PP �SKA E' AES DECEMBER 05,20 Page 1 of 2 EXHIBIT A SOURCIEWELL FLOORING MATERIALS WITH RELATED SUPPLIES AND SERVICES Piroplo,saills,due 4,30 pm, June 13,2023 REOUEST IFOR PROPOSALS Sourcewok a State of Krinesata local government unit and service 000para�, l;ivo, vs requesting proposals. ,lor Floor- irig Materials with IHelatixl Supplijeg tar'di SeNtes, to result in a ciontfacll'ung SOW- ti0r) fOl' use by its Participating Entities. Source,evoll Participalinq Entifties nnclluda thousands of g(xverni,noinial, rii�� -or , )1h, ed K-12' Oducatilon, rionprofl, trillml government, and cytheir lliUbk agenci,es located in the United States and Canada. A full copy of Me Request for Proposals, ,c an bo lou nd w the Soumewoil IP roco ia. ftleint P(11081 P'i V(°t� : Canty Pir .)Osals �WIOITAttevd thFOIL,Igh the Sourcewell Procurement Porial Mil be considered. Proposallis are due no inter than June 13, 2023, at 410 p.m-C:pmral'Timie,mtO lalp,piroposals will Pijl�Ok,hi�;rj Ape. 2r�,2023, 2497782 Page 2 of 2 LOCAUG PO Box 631G43 Cincinnati, 8H45263-lG49 The Oklahoman Minnesota local govern- 5ouzrwcU ment unit and service Som,cm°d| cooperative, is requesting P0BOX 2|9 proposals for Flooring 5CAPC58MN56479 Materials with Related Supplies and Services to STATE OF OKLAH0MA, COUNTY OF DKLAHDMA result in a contracting The Oklahoman, a daily newspaper of general circulation inthe solution for use by its State of Oklahoma, and which iee daily newspaper published in Participating Entities. Oklahoma County and having paid general circulation therein; Sourcewell Participating published and personal knowledge of the facts herein state and Entities include thousands that the notice hereto annexed was Published in said newspapers of governmental, higher |n the issues dated on: education, K-12 education, 04/25/2023. 05/02/2023 ment, and other public and that the fees charged are legal. agencies located in the Sworn tn and subscribed before nnO5/02/2023 United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal Sourcewell Procurement Portal will be considered. Notai-y,State of W L County of'13rown Proposals are due no P4ycvmmixi(uexpire later than June 13, 2023, Publication Cost: $4025 at 4:30 P.m. Central Time, and late proposals Order No: 8732049 #ofCopies: Customer No: 727098 PO#: I'l ITS V�,,; N O7A N �NNVC)lC F! Please a"mu use this jo,m lrvn,mn',mnmo .0 AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 34474 411983 Print Legal Ad-IPL01194760-IPLO119476 $157.13 1 18 L Attention: Carol Jackson SOURCEWELL State of South Carolina PO BOX 219 carol.jackson@sourcewell-mn.gov County of Richland REQUEST FOR PROPOSALS Sourcewell,a State of Minnesota local gov- I,Tara Pennington,makes oath that the erFlment-unit-and-sefAce-ooepwative,-ie----------------------------------------------------- , requesting proposals for Flooring Mate-rials with Related Supplies and Ser- ddvertl$ment,was published in The State,d vices to result in a contracting solution for newspaper published in the City of Columbia, use by its Participating Entities.Sourcewell Participating Entities include thousands of State and County aforesaid,in the issue(s)of governmental, higher education, K-12 ed- ucation, nonprofit, tribal government, and other public agencies located in the United States and Canada.A full copy of the Re- 1 insertion(s)published on: quest for Proposals can be found on the Sourcewell Procurement Portal[https://pro- 04/25/23 portal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procure- ment 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. IPLO119476 Apr25 2023 Tara Pennington Sworn to and subscribed before me this 24th day of April in the year of 2023 Notary Pubic in and for the state of Texas,residing in Dallas County T1EP1 lIE1-ATCHER *a *= My Notary}10#13 5 'Exprires JRanuary 14,20.26 C Errors-the/iabi/ityofthepub/isheronaccountof errors inor omissions fromanyaduertisement wi0inno wayexceed the amountofthe charge for thespace occupiedby the Item in error,and then only for the first incorrect insertion" Extra charge for lost or duplicate affidavits. Legal document please do not destroy! 6A IIIIII TUESDAY APRIL 25, 2023 IIIIII USA TODAY New study links sugary drinks' to early death in some people Adrianna Rodriguez ories or sugars in them.It's good advice USA TODAY for everybody" Americans may want to think twice What sugary drinks about reaching for that cool glass of are bad for you? lemonade this summer after a study 24K-PRODUCTION/GETTYIMAGES published last week found sugary The report included data from 1980 to drinks may be linked to an increased 2018 and is among the first large-scale `Be picky': Replacing sugary drinl risk of heart disease and death in cer- studies to examine links between death tain people. or disease and beverages among people Researchers found replacing one serving of a sug Researchers from Harvard T.H.Chan with Type 2 diabetes,study authors say. coffee,tea, low-fat cow's milk or plain water led t School of Public Health studied more Sugar-sweetened beverages that than 12,000 participants diagnosed were reported included caffeinated and The risk associated with all-cause And with Type 2 diabetes and reported how caffeine-free colas, and non-carbonat- mortality was lower with the deat often they consumed such sugar-sweet- ed drinks like fruit punches, lemonade following drinks: lowe ened drinks as soda, fruit punch and and fruit drinks like orange, apple and 18%for coffee •20! lemonade. grapefruit,according to the study. They found people with Type 2 dia- Researchers found each serving of •16%for tea a 24! betes who regularly drank sugar-sweet- one of these drinks was associated with a 12%for low-fat cow's milk 0190 ened beverages had a higher risk of de- 8% higher risk of all-cause mortality veloping cardiovascular disease or dy- among people with Type 2 diabetes. .16%for plain water a 20`. ing prematurely compared with those The recommended daily intake of who consumed other drinks, according sugar should be no more than 10%of the "People living with diabetes should be picky abOL to the report published Thursday in the calories consumed, Nestle said, which hydrated,"said lead author Qi Sun, associated pre peer-reviewed journal The BMJ. is about 50 grams a day. nutrition and epidemiology at Harvard T.H. Chan More than 37 million Americans have "Switching from sugar-sweetened beverages to F diabetes, according to the Centers for Sugar vs.artificial sweetener health benefits." Disease Control and Prevention,and it's estimated that up to 95% of them have The study also found that switching Type 2 diabetes. out sugar-sweetened beverages with "This adds to a growing body of re- one that was artificially sweetened was both artificial and natural. Though He( search,"said Marion Nestle,an emeritus associated with an 8%lower risk of all- they're considered safe by federal regu- at US., professor of nutrition and food studies cause death and a 15% lower risk of lators, they're not necessarily consid- by age at New York University.Although"it's a death related to heart disease. Bred healthy, and the long-term effects for Et) message to people with diabetes to try But more studies have been raising of sugar substitutes are largely un- in He( to switch drinks that don't have any cal- the concern about sugar substitutes, known. does n Gene therapy "They can stop the degeneration,but choos I they cannot heal what is broken,"Feld- strate borg said of the scientists. flees f Continued from Page 1A ������ , � The couple's one regret is that they after t couldn't convince the FDA to be less Stil destroying nerve cells in the brain and %'��� cautious about the therapy. Earlier promi spinal cord. The child rapidly deterio- ff% treatment and a higher dose might "I V rates and usually dies by age 3. / //� have led to a different outcome, Feld- that o The trial, which USA TODAY wrote "„i" ,„ bor and Rokina said. The would ha to et �i,� i� �rr/� ao���' g y h- g about in 2021 as part of a series on rare //', it have faced the risk of a brain hem- feel h I '� � ', p y diseases,offered them a different vision ,��' �� g �j�, orrhage for the possibility of a better mistic of the future, even though the resultJ � �1% � ' outcome. ��" � "'�'%���,,, / "If we could have changed anything, Deriv wasn't what they dreamed of. �, r��� ,� �� / g "We are heartbroken, but also we 1,/ „ �� we would have shouted loud enough for realize within ourselves that the battle �� � ,� FDA to hear us: Ovi was lost long ago not now"Alissa's fa- % i� �, ressE ther said in a video conversation a week Risk is a necessary Hei after her funeral. "Its hard to say,but it Ur part of progress Beane was for the best for her in the end! Alissa Feldborg had a rare disease that Thoug triggered seizures and other problems. Medicine advances in fits and starts wasn't w i a r. u t i� Qw ��� U PILIIT"'II('-"�"uS(� �/� � I> CI IM, Mel p Logout Home New Bid Closed Bids My Stuff Tools -------------------------'----------------------------------------------------------------------' Bid RFP #061323 — Flooring Materials [Switch mo Vendor View ����U8 �~ � � with� ��� Related Supplies and Services � Bid Type mpP Bid Number 061323 Access 111.1ellpoirts View reports nnwho Title Flooring Materials with Related has been notified of Supplies and Services the bid or accessed it. [Notification report] Start Date Apr25, 2033 8:51:39Ax4 CDT [Accessneport] End Date Junz3 ���� �:���@� pvw �mT ' Questions Agency Source°«aU oQuestions OUnonmvered [��e�/��k�ue��ions] Bid Contact Jeremy Schwartz (218) 894'5488 rfp@sourcewell-mn.gov II:..:..!dIIIt1113111d 202 12th Street NE [Create Addendum] | | P.O. DoxZl9 Staples, MIN 56479'0219 -------------------- Descwption SourceweU, a State nfMinnesota 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. SourcewoU Participating Entities include thousands of governmental, higher education, K'lI 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 SounceweU Procurement Portal [htLpa://pnoportaLaamrcevveU-mm.gov]. Only proposals submitted through the SourceweU 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 Date May 17, o0o3 10'00:00AvoCDT Location Online Conference Notes Login information will baenmai|ed two business days prior tm the event. Documents No Documents for this bid Customer Support: agencysupport@pub|icpunchasezum | Copyright 1999'2023 m | The Public Group, LLC.»n rights reserved. o i,i r Cewell 71vok 3ids II~II'rrirrr rr� :CJn irrrore Ibids Create coiWuint Bid Details Bid Goods Classification: Bid Type: RFP - General Bid Number: RFP 061323 Bid Name: Flooring Materials, with Related Supplies and Services Bid Status: Closed Bid Closing Tue Jun 13, 2023 4:30:00 PM (CDT) Date: Question Mon Jun 5, 2023 4:30:00 PM (CDT) Deadline: Electronic Not Applicable Auctions: Language for Bid English unless specified in the bid document Submissions: Submission Online Submissions Only Type: Submission Online Submissions Only Address: Public Opening: Yes Public Opening See RFP and FAQ documents for details. Address: 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. 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 ;yid . ]. 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. 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: 5Ih. . :.... .ateggii:es.........ip:] Register for this Bid Download Bid Documents P hhwlq j #�-)r f dwlr qv The following are the meeting times and locations for the opportunity: Meeting Location Description'Date / Time Mandatory Meeting Meeting Document Login instructions will be posted to the Wednesday May Online Pre- "Documents" section and available to registered Proposal suppliers two business days prior to the web 171 2023 10:00 AM No Conference conference. (CDT) i„ Yv..d tA.J G./7,A c'f 4fJ WW �m CJ , raYi nl "' f1✓ A. i l rvi ✓ ' u A L C7 Cd U Cw"N c,, 6 E. la a..,,. 1d IXM i ur Y,�r �F' FF"a Yry 6p1, l.. nCL A .. 05 } 7 m ,} U Y n t! C, J" CXSi tk: �;. e,y � IVnu`a,V Y. v rxt r} d, Lh.. x � C$ ° CIA i .. A7a , na"o-, I i ', � "u� :i ,: ti,✓ r 4 „ u. .., 40 'In W » C i LL d� " t z.. r rA na 2n 2n 2n 2n r, ,� & 1 wtl a :4. a n.. ...., 2n 2n 2n 2n 2n .! Md"i 43 CIW�/41Ce 0 n u P7a iVWp y CS�i ^rS �7 I raw r :i r z 1.� iu GG/GOGG 1 tltltl III .. c'lkr=acrh _.i lkhs l^JuMtl�.e 131r1N_.. Pubfish Solldtat on Setting n V Invltnr Riddell, No w+CrrnlcanRet R^spar ra anirnuk No w hm-,A Ap',r6rt'oa¢al N. v`4 u.vla8z E'r41 I t u'r wlt4 4l o Ll�:ero R'dur Sollcitatlon Malls n Mandatrsry l"firo rnAl- .roll t,1 or€yp,,, HIT SalidtW+¢r N..rYbcr 061323 i'bc+lr t.n oo rufd,nm Flrr©nlnpMaOerialsu,,W,RylMW supplik"umrt,M1 Surfwdrrs N r——1 type fsc.&,4r^rvdca~u' t nr retry&t^rv(i ia n/StMo¢ Canada I r 61i^d..!By , —H „,r:carlpt('r-,,o,irG N.0 Apphcaw6T,, Oar&-ravd hxfroenWk,,,(p Nurlyl Ib u,raea vxFr h rlrlw/....rrsl�rrp Md�ar ro,......061323 Ftoo,Mg Mxtol ahr Mw4 hRelatO S.pp kea arras ........ ......... ......... ........ ......... ......... ........ ......... ......... Sed l— Adve=Use neat ,n ----------------------------------------------------------------------------------------------------------------------------------------------------------- 81 O,Sc^tP ngb ;,<rlautuP rrs lypaa Opeotooll„uppli—, 6,PfYVY14rPtlF rr of atf?1.rntr+ f S240,000000, ) — lau4alr Ot l.kaRo 65/09/2023 6:.Ir=urrp k7nkar tia nrua 06/119/202316.30D)CY NWI M CkI^rtlaro rdv.kln l6np,,a f,,r Nrr, 10,000,001 av6r SnYlw3ta.Rinn �'"iM"'ted i:.xteN,r`x kl, {Y III cons,ir dCtanitl0 ...... ........ .... .... .. ... ... rr �I If c,l tw( It ,CIOW k dt t II Y rc(l F U h9 411;Ik c ✓It'4,a �pIM 'w par€Pc40rvg 4+cvagaycG„J Vtnnmavet6aruw!C.Ynnavxllrcrn (r+nDev^tra h' v Y b t rn { 11 y, Ira r f r Ill / t G k r I y"i I Wood S I>r Y r 11 Mi I V a1 thM t Fr ale t o M ro yW f ll i"1 gi rf,wrap , Met flnrlci},IrIIII—k.W ter In rto1 g,l rkr1,6 r[,S Moduler Hulnr etc Fallaatnal-Cl—vi'. c>t'lur emfe q o Flooring Ivtatei{al,with Relatcd Supplies and Services oe,laas Cl.slnft[rate 116,VPM'Y+rly'y10NA C1 lhv 01: source tell,,r JW,of Ntic rr sr qa O.rc d i,rrae rr r t err k e r p yw.rv':m upr attwc,Is reque.Cing prrolsosa9s for f looting 1Material,with Related Supplies and Services to result In a contracting solutbn tur ode by Its Pi t crp.ing f:dh r.3ournew II P,tidpaaing F rt ic.a r'ouch.tl' arrda of govMrnrnentul,high '.dun,.ion K 12 ducaaion,nonprofit,biY i g rvr,rr''nP t rd other tP.blk g nacre I—Aed in ttra Unitad 4teb.s and d',anarla A 1u0 ettspy If tB're.Rr,q—t for Prop—i,c-R'found—the.Sou--oil Procivernoat Portal 11 rrlrs.//fr r I r r,I ...cc r 11, ;rnil.Only propowadm s b nRRnd through tirc Sonya—li Procurerrr.Rt PorTat will br^eorrekle,od,PToP-1,ara dean no late,than lone It,2023,nt 4 xr pm,dice;inflr<ul II a',,and late gav'NX,5,1a15 WIN nah Irrr aa>nsuNaru(!n'k. 1 I-I v)fht 2G,'d,'r lQuIN All 11fyJrtu l ircw d,ftwnned b'1 Siddirptr— ItP,l, st 061323-Flooring Materials with Related Supplies and Se... Notice Basic Information Estimated Contract Value(CAD) $240,000,000.00(Not shown to suppliers) Reference Number 0000245972 Issuing Organization Sourcewell Owner Organization Solicitation Type RFP-Request for Proposal(Formal) Solicitation Number 061323 Title Flooring Materials with Related Supplies and Services Source ID PP.CO.USA.868485.C88455 Details Location All of Canada,All of Canada Purchase Type Duration:4 years 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.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[https://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 2023/04/25 09:38:52 AM EDT Question Acceptance Deadline 2023/06/05 05:30:00 PM EDT Questions are submitted online No Bid Intent Not Available Closing Date 2023/06/13 05:30:00 PM EDT Contact Information Procurement Department 218-894-1930 rfp@sourcewell-mn.gov Bid Submission Process Bid Submission Type Electronic Bid Submission Pricing Lump sum Pricing Lump sum Bid Documents List Item Name Description Mandatory Limited to 1 file Bid Documents Documents defining the proposal No No 2023/04/25 09:39:01 AM EDT Page 1 of 2 061323-Flooring Materials with Related Supplies and Se... Categories Selected Categories GSIN Category(1) G Goods Goods N72 Household And Commercial Furnishings And Appliances Household And Commercial Furnishings And Appliances N7220 FLOOR COVERINGS Floor Coverings 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 30161700 Flooring 52000000 Domestic Appliances and Supplies and Consumer Electronic Products 52100000 Floor coverings 52101500 Rugs and mats 2023/04/25 09:39:01 AM EDT Page 2 of 2 DocuSign Envelope ID:CDE32CC8-OB5D-4CF2-9591-F477B DOE 175E saM ENTIA,,) 4 ou U"l';°.'.a IIrPr o Proposal Opening Record Date of opening: June 13, 2023 Sourcewell posted Request for Proposal 4061323, for the procurement of Flooring Materials with Related Supplies and Services, on the Sourcewell Procurement Portal [p.L Eggq .souircew0I-nnn.&ov] on Tuesday,April 25, 2023, and the solicitation remained in an 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 Sourcewell Procurement Portal, and that each Proposer's response material was digitally sealed upon submission 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 CBC America, LLC 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, LLC-Submitted 6/13/23 at 4:22:32 PM Engineered Floors, LLC dba J+J Flooring Group-Submitted 6/13/23 at 9:03:57 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 Gerflor 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 6/09/23 at 11:55:32 AM Karndean International, LLC-Submitted 6/13/23 at 2:24:30 PM Mannington Mills, Inc. -Submitted 6/09/23 at 10:59:07 AM Mats, Inc. dba Matter Surfaces-Submitted 6/12/23 at 2:49:11 PM Maxxon, 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 9:28:54 AM Mohawk Carpet Distribution, LLC-Submitted 6/12/23 at 2:25:09 PM RB& G Products, LLC dba Zandur-Submitted 6/08/23 at 11:06:44 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 DocuSign Envelope ID:CDE32CC8-OB5D-4CF2-9591-F477B DOE 175E 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. EDocuSigned by: DocuSigned by: EFD8B3D45D 6EE63AEDEDSF46E... Greg Grunig, MS, Procurement Lead Analyst Carol Jackson, Procurement Analyst \ ,; : I ( - ;¥ - \ } \ �7 � \ \ \\ \ {�uo m \ la;; :(° } \ \ k ~ (-:fj \ f ] /) -C \ !! ° `CL ;! - Lu kk } ƒ} \ � < \ / w00 ) \ kk % cbjD § / - � ) ) _ I { \ E / \ I z ; & \ 2 - § } \ § ; g e { / o - - ) \ _ _ J / LU \ , \{) , \ {) ƒ )/ \ as - . - ) / \- . - j \ƒ)/215I))) !{!/\ )i))))\|)) !0 DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D r/d Sourcewell 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.sourcewell-mn.gov, Sourcewell Procurement Portal https://Proportal.sourcewell- mn.gov, Biddingo, Merx, PublicPurchase.com,The New York State Contract Reporter www.nvscr.nv.gov, April 26, 2023 in Oregon's Doilylournal 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 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 [https.Ilproportal.sourcewell-mn.govj. 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. The solicitation process was conducted through the Sourcewell Procurement Portal.The following parties expressed interest in the solicitation by registering for this opportunity within the portal: Accu Steel, Inc. Kal-Trading, Inc. AHF Products Karndean International, LLC American Biltrite (Canada), Ltd. Mannington Mills, Inc. Bentley Mills, Inc. Mathusek, Incorporated BOSS CARPET ONE, LLC Mats, Inc. dba Matter Surfaces Britespan Building Systems, Inc. Maxxon, Inc. CBC America, LLC dba TOLI International TOLI TOLI Corp. MegaCera, LLC CDK Logistics, LLC Milliken & Company cfs INTERIORS& FLOORING Milliken Services, LLC Champion Flooring Mohawk Carpet Distribution, LLC Division 9 Flooring NPN Carpet Installation, Inc. DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D Souircewelll Page 2 of Ecore International NWT& Nunavut Construction Association Emser Tile, LLC Opler Flooring Engineered Floors, LLC dba J+J Flooring Group PANDAFLOOR CONTRACTING, LTD Equitable PWXPress Excelsior Concrete Coatings RB & G Products, LLC dba Zandur Facility Armor Regina Construction Association Floorsite, Inc. Resell Solutions, LLC 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. Sled Consulting, LLC Great Floors, Inc. Tarkett USA, Inc. healthchek network, LLC Tiles In Style DBATaza Supplies, LLC UPOFLOOR 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 Sourcewell Procurement Portal, on June 13, 2023 at 4:31:17 pm CT. Proposals were received from the following: Bentley Mills, Inc. CBC America, LLC dba TOLI International TOLI TOLI Corp. Champion Flooring Division 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 Mannington Mills, Inc. Mats, Inc. dba Matter Surfaces Maxxon, Inc. MegaCera, LLC Milliken Services, LLC Mohawk Carpet Distribution, LLC RB& G Products, LLC dba Zandur Roppe Holding Company Shaw Integrated and Turf Solutions, Inc. Tarkett USA, Inc. UPOFLOOR Americas, Inc. dba Kahrs Commercial Flooring DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D Proposals were reviewed by the Proposal Evaluation Committee: James Voelker, CPCM, CFCM, Procurement Supervisor Carol Jackson, Procurement Analyst Brandon Town, NIGP-CPP, CPSM, CPSD, Procurement Analyst Nick Scholer, Procurement Analyst The findings of the Proposal Evaluation Committee are summarized 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 United 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, distributes a comprehensive catalog of flooring solutions such as resilient, ceramic, porcelain tile, wood, hardwood, laminate, rubber,vinyl, broadloom, 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 nationally certified Woman-Owned Business from both NWBOC and WBENC.They are offering Sourcewell participating entities competitive pricing discounts. Forbo 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 participating 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 United States. Interface Americas' flooring products are carbon neutral across their full product life cycle through their third-party verified Carbon Neutral FloorsTM 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. Mannington 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 selection 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 LEED, Mindful 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. DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D souircew(..:Ill Page 4 of 6 Milliken Services, LLC, provides a full selection of flooring solutions including resilient, ceramic, porcelain 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 technology of their carpet tile 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 United States and Canada. Mohawk Carpet Distribution's EcoFlex 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 emissions tested to GreenGuard Gold or FloorScore certification.They are offering competitive discounts off list price. Shaw Integrated and Turf Solutions, Inc., provides a large selection of resilient, ceramic, 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 Canada. Shaw's re[TURN]® 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 substantial 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 CertifiedT"^ for five criteria which include, material health, 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 Sourcewell Contract #061323 to: Bentley Mills, Inc. #061323-13PS Division 9 Flooring #061323-DV9 Forbo Flooring, Inc., dba Forbo Flooring Systems #061323-FRO Interface Americas, Inc. #061323-IFA Mannington Mills, Inc. #061323-MMI Mats, Inc. dba Matter Surfaces #061323-MAT Milliken Services, LLC #061323-MAC Mohawk Carpet Distribution, LLC #061323-MCD Roppe Holding Company #061323-RPP Shaw Integrated and Turf Solutions, Inc. #061323-SII Tarkett USA, Inc. #061323-TFU DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D The preceding recommendations were approved on July 21, 2023. i—l '6 ouSigned by: E � v e&&& 5FCC James Voelker, CPCM, CFCM, Procurement Supervisor DocuSigned by: 6EE63AE DED5F46E... Carol Jackson, Procurement Analyst 1DocuSigned by: 7BCA93CD6377421 Brandon Town, NIGP-CPP, CPSM, CPSD, Procurement Analyst E DocuSignne'+d Eby: � 4513A6ODCA01467... Nick Scholer, Procurement Analyst DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D Souircewelll Page 6 of 6 STATEMENT OF COMPLIANCE As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP#061323 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. EDocuSigned by: COFD2A139D06489_. Jeremy Schwartz, CSSBB, CPPO, NIGP-CPP Sourcewell Chief Procurement Officer 0. pCH ( �ll .I\/ll f H �U,(\d.....r ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Florida Keys Orthopedic & Contract# Sports Medicine Center and EffectiveDate: 2i19i26 Dr. Paul S. Ellison, Jr., M.D.Expiration Date: Subject to Litigation Contract Purpose/Description: Expert Witness Services and Testimony in Litigation in the matter of Perla Jennifer Vidaure de Miller v. Monroe County Board of County Commissioners, 2025-CA-821-K Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Gaelan Jones 3177 jones-gaelan@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 34,999.99 Current Year Portion: $ 20,000.00 (must be$100,000 or less) (if multiyear agreement then requires BOCC approval, unless the total cumulative amount is$100,00.00 or less) Budgeted?Yes No❑ Grant: $ NSA County Match: $ NSA Fund/Cost Center/Spend Category: 503-08503-00051 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 Digitally signed by Robert-Shillinger,Jr. Department/Office Director/ Signature: Robert B.Shillinger,Jr. ee,e,zo�.oz.zsog,�sg Sh,11, Assistant Director Robert B. Shill er, Jr. Digitally signed by Robert B.Shillinger,Jr. County Attorney Signature: 9 Date:2026.02.2508:54:04-05'00' Gaelan P Jones Digitally ig"ed by Gaelan P Jones Risk Management Signature: Date:2026.03.02 11:53:21-05'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.03.02 12:1533-05'00' (email contracts C&monroecounty-fl.gov) Quinn OMB Signature: John Quinn Digitally20s2i.03.02ned John 47-05 Date:2026.03.02 13:07:47-OS'00' (email OMB@monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 P c,,ked 2 2025 911 ill' a 1. AGREEMENT FOR EXPERT WITNESS SERVICES THIS AGREEMENT ("Agreement") is effective as of the date of the last signatory, by and between MONROE COUNTY ("County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and FLORIDA KEYS ORTHOPEDIC & SPORTS MEDICINE CENTER, and Dr. PAUL S. ELLISON, Jr., M.D. ("Consultant"), whose address is 100210 Overseas Highway 43, Key Largo, Florida 33037, for expert witness services in the matter of Perla Jennifer k7daure de Miller v. Monroe County Board of County Commissioners, 2025-CA-82 I-K("Litigation"), WHEREAS, County desires to engage Consultant to provide expert witness services and testimony in the Litigation; WHEREAS, Consultant desires to provide expert witness services to the County as described in Section 1, Scope of Services; NOW THEREFORE, County and Consultant, in consideration of the mutual covenants contained herein, agree as follows: SECTION 1. SCOPE OF SERVICES Consultant will provide expert witness consultation and testimony in the Litigation, including but not limited to: review of medical records, including films and scans; review of medical billing; conduct a compulsory or independent medical examination of the plaintiff-, review the pleadings, deposition testimony, and court records; review of reports provided by plaintiff's experts; preparing for and attending deposition and providing testimony on behalf of the County;preparing for and attending trial and providing testimony on behalf of the County;and additional tasks related to Litigation, as requested by the Monroe County Attorney's Office. Services shall be provided by Dr. Paul S. Ellison, Jr., M.D., unless otherwise agreed to by County. SECTION 2. COMPENSATION Compensation payable to Consultant under this Agreement shall be in accordance with the Fee Schedule below. This Agreement is subject to a not to exceed cap of$34,999.99, Fee "Selledule Chart Review........ ...... ...... ...... ........... .........$1,000.00/hr. CME/IME......... ....... ....................................$3,000.00 per body part Deposition...................................$2,500.00 first hour; $2,000 each additional hour Court Attendance ,-...... ...... ........................$6,000.00 Half Day; $12,000 Full Day TravelTime........ ........- .......... ....-....... ......................................... $1,000.00/hr. SECTION 3. PAYMENT All services provided by Consultant shall be billed on a current basis with monthly invoices sent to the County that contain full detail as to the specific effort, hourly rate, and reimbursable expenses incurred by Consultant on County's behalf. The invoices shall include any necessary supporting documentation acceptable to the Monroe County Clerk of Court in support of the invoice. Acceptance by the Clerk of Court is based on generally accepted accounting principles and the laws, rules, and regulations that govern the Clerk of Court's disbursement of funds. Payment by the County will be made periodically, but no more frequently than monthly, in arrears. If the duties of the Consultant are materially altered by written amendment to this Agreement, compensation due to Consultant shall be equitably adjusted in accordance therewith. SECTION 4. TERM OF CONTRACT This Agreement shall become effective upon execution by Consultant and County. The services shall continue until terminated in writing by either Consultant or County, with or without cause, upon seven days' written notice to the other party. SECTION 5. NON-WAIVER OF IMMUNITY County and Consultant acknowledge that County does not waive immunity; notwithstanding the provisions of section 768.28, Florida Statutes, the participation of Consultant and 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. Consultant and its employees, agents, and representatives are independent contractors and are not employees or agents of the County. SECTION 6. REVIEW OF ETHICAL OBLIGATIONS AND POTENTIAL CONFLICTS Consultant has conducted a thorough review and determined that Consultant does not have any ethical impediment, real or potential, including but not limited to conflicts of interest, to representing County. To the extent that any ethical impediment, real or potential, is discovered or arises, Consultant shall immediately inform County in writing of the impediment and make full disclosure to the County, and obtain County's express, written consent to continue representation of the other client, and take all other reasonable steps to avoid or mitigate the impediment. SECTION 7. SUNSHINE LAW Consultant agrees that, unless specifically exempted or excepted by Florida law, the provisions of section 286.011, Florida Statutes, generally require full and public discussion of matters to be voted upon by the Monroe County Board of County Commissioners. Consultant agrees to consult with the Monroe County Attorney's Office concerning the application of the Sunshine Law from time to time concerning specific circumstances that may arise during the term of this Agreement. 2 Agreement for Expert Witness Services Florida Keys Orthopedic & Sports Medicine SECTION 8. PUBLIC RECORDS LAW Consultant agrees that, unless specifically exempted or excepted by Florida law, or Rules Governing the Florida Bar,the provisions of Chapter 119,Florida Statutes,generally require public access to records and documents that may be made or received under this Agreement. Consultant agrees to consult with the Monroe County Attorney's Office concerning the application of the Public Records Law from time to time concerning specific circumstances that may arise during the term of this Agreement. Public Records Compliance Consultant must comply with Florida Public Records Law, including but not limited to Chapter 119, Florida Statutes, and article 1, section 24 of the Florida Constitution. The County and Consultant 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 Consultant in conjunction with this Agreement and performance under this Agreement. The County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Consultant. Failure of the Consultant to abide by the terms of this provision shall be deemed a material breach of this Agreement and the County may enforce the terms of this provision in the form of a court proceeding, and as the prevailing party be entitled to reimbursement of all associated attorneys' fees and costs. This provision shall survive any termination or expiration of the contract. Consultant is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to section 119.070 1,Florida Statutes, and the terms of this Agreement, Consultant 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, provide the County with a copy of the records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law; (3) Ensure that public records that are exempt or confidential are not disclosed, except as authorized by law for the duration of the term of this Agreement and following completion of the work authorized under this Agreement,if the Consultant does not transfer the records to the County; (4) Upon completion of the work authorized under this Agreement, transfer to the County, at no cost, all public records in possession of the Consultant or keep and maintain public records that would be required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of this Agreement, the Consultant shall destroy all duplicate public records that are exempt or confidential. If the Consultant keeps and maintains public records upon completion of this Agreement, the 3 Agreement for Expert Witness Services Florida Keys Orthopedic& Sports Medicine Consultant shall meet all applicable requirements for retaining public records. All electronically stored records must be provided to the County upon request, in a format that is compatible with the information technology systems of the County. (5) Consultant shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless otherwise provided by law. IFAT IANC THE APPt-Alf"ATION OF CHAPTER H LTANT'S DU"IV TO PROVIDE PtJ13LIC RECORDS IIELATING TO "I"UtS CONTRAC.T, CONTACT MONROE COIJNTY PIJBLIC RECORDS DEPAWI`MFINIAIJ�(I 2'92- 7 OIgI'. EMAIL P1.1I.31,ICRECORP,Yi-,,.)MONI Ot+,COtJNFV-rI L.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH STR1..PE"I', SUITE, 408. )(E.Y WEST, F1,33040. SECTION 9. ASSIGNMENTS Consultant shall not assign or subcontract its obligations under this Agreement, except in writing and with the prior written approval of the County Administrator and/or the Monroe County Board of County Commissioners, which approval shall be subject to such conditions and provisions as the County Administrator and/or Monroe County Board of County Commissioners may deem necessary. SECTION 10. LEGAL OBLIGATIONS This Agreement is not intended to relieve, nor shall it be construed as relieving, either the County or Consultant from any obligation or responsibility imposed upon each by law except to the extent of actual and timely performance thereof by the other, in which case the performance may be offered in satisfaction of the obligation. Further, 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, statutes, caselaw, and specifically, the provisions of Chapter 125, Florida Statutes. SECTION 11. RECORDS Consultant shall keep such records as are necessary to document the performance of its services as set forth in this Agreement and all expenses as incurred, and give access to those records at the request of the County, the State of Florida, or authorized agents and representatives of said governmental bodies. It is the responsibility of Consultant to maintain appropriate records to insure a proper accounting of all collections and remittances under this Agreement. Consultant shall be responsible for repayment of any and all reasonable audit exceptions which are identified by the Auditor General for the State of Florida, the Monroe County Clerk of Court, the Monroe County Board of County Commissioners, and their agents and representatives. SECTION 12. ANTI-KICKBACK Consultant warrants that no person has been employed or retained to solicit or secure this Agreement upon any contract or understanding for a commission, percentage, brokerage, or contingent fee, and that no employee or officer of the County has any interest, financially or 4 Agreement for Expert Witness Services Florida Keys Orthopedic & Sports Medicine otherwise, in this Agreement, except as expressly provided herein. For breach or violation of this warranty, the County shall have the right to annul this Agreement without liability, or in its sole discretion, to deduct any sums to be paid by County under this Agreement, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. SECTION 13. MODIFICATIONS AND AMENDMENTS This Agreement, including any exhibits, constitutes the entire Agreement between County and Consultant, and supersedes and controls over all prior written and oral understandings. Any and all modifications and amendments to the terms of this Agreement shall be in writing and executed by the parties in the same manner as this Agreement. SECTION 14. COMPLIANCE WITH LAW In carrying out its obligations under this Agreement, Consultant shall abide by all applicable statutes, ordinances, rules, and regulations pertaining to or regulating the provisions of this Agreement, including those now in effect and hereafter adopted. Any material violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement and shall entitle County to terminate this Agreement immediately upon delivery of written notice of termination to Consultant. SECTION 15. NON-DISCRIMINATION CONSULTANT agrees that it will not discriminate 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. CONSULTANT 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 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent 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 ss. 12101), 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, 5 Agreement for Expert Witness Services Florida Keys Orthopedic& Sports Medicine 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. SECTION 16. NO 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 Consultant agree that neither the County nor Consultant or any officer, agent, or employee of each 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 under this Agreement. SECTION 17. COUNTY AUTHORITY County's performance and obligation to pay under this Agreement is contingent upon annual appropriation by the Monroe County Board of County Commissioners. SECTION 18. NO PERSONAL LIABILITY No covenant or obligation contained in this Agreement shall be deemed to be a covenant or obligation of any member, officer, agent or employee of the Board of County Commissioners of Monroe County in his or her individual capacity and no member, officer, agent or employee of the Board of County Commissioners 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. SECTION 19. EXECUTION IN COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument. SECTION 20. CONTROLLING LAW AND VENUE 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 of Florida. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Consultant agree that venue shall lie in the appropriate court or before the appropriate administrative body in the Sixteenth Judicial Circuit in Monroe County, Florida. This Agreement shall not be subject to arbitration. 6 Agreement for Expert Witness Services Florida Keys Orthopedic & Sports Medicine SECTION 21. ATTORNEY'S FEES AND COSTS The County and Consultant 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. 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. SECTION 22. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. SECTION 23. NOTICE Any notices sent by the parties shall be deemed to have been duly served if delivered in person to the individuals and addresses listed below,or if delivered or sent by first class mail,certified,return receipt requested, or by courier with proof of delivery. All written correspondence to the County shall be dated and signed by an authorized representative of the Consultant. The correspondence shall be directed to: FOR COUNTY: Bob Shillinger, Esq. County Attorney Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 FOR CONSULTANT: Dr. Paul S. Ellison, Jr., M.D. Florida Keys Orthopedic & Sports Medicine Center 100210 Overseas Hwy, #3 Key Largo, FL 33037 SECTION 24. ADJUDICATION OF DISPUTES County and Consultant 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 7 Agreement for Expert Witness Services Florida Keys Orthopedic & Sports Medicine Consultant specifically agree' that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. SECTION 25. INSURANCE At the time of execution of the Agreement by both parties, upon request Consultant shall provide a certificate of insurance to County showing professional liability insurance in the amount of two hundred fifty thousand dollars ($250,000.00)per occurrence, seven hundred fifty thousand dollars ($750,000,00) in the aggregate. During the term of this Agreement, Consultant shall provide updated or new certificates to the County whenever the policy period ends. SECTION 26. LIMITATION ON LIABILITY COUNTY AGREES THAT THE CONSULTANT'S AND ITS PERSONNEL'S MAXIMUM LIABILITY TO THE COUNTY AND THE COUNTY'S PERSONNEL FOR ANY ACTS OR OMISSIONS (INCLUDING NEGLIGENT ACTS AND OMISSIONS) BY THE CONSULTANT (INCLUDING ITS SUBCONTRACTORS)AND/OR ITS PERSONNEL ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY SERVICES PROVIDED TO THE COUNTY WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES. THIS LIMITATION SHALL NOT APPLY EXCEPT TO THE EXTENT IT IS DETERMINED THAT THE LOSS WAS CAUSED BY CONSULTANT'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT SHALL EITHER THE COUNTY OR THE CONSULTANT BE LIABLE TO THE OTHER PARTY OR ITS PERSONNEL FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY AMOUNT FOR LOSS OF PROFIT, DATA OR GOODWILL, WHETHER OR NOT THE LIKELIHOOD OF SUCH LOSS OR DAMAGE WAS CONTEMPLATED. SECTION 27. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Consultant and their respective legal representatives, successors, and assigns. SECTION 28. 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. SECTION 29. STATUTORY REQUIREMENTS By signing this Agreement, Contractor has sworn or affirmed to the requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Vendor Certification Regarding Scrutinized 8 Agreement for Expert Witness Services Florida Keys Orthopedic& Sports Medicine Companies List, and Affidavit Attesting to Noncoercive Conduct for Labor or Services as set forth in more detail below. E-VERIFY SYSTEM In accordance with section 448.095, Florida Statutes, any Consultant 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 Consultant during the term of the Agreement and shall expressly require any subcontractors performing work or providing services pursuant to the Agreement 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 Agreement term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. Consultant shall comply with and be subject to the provisions of section 448.095, Florida Statutes. PUBLIC ENTITY CRIME STATEMENT Florida law provides that 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 an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement 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 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement 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. Consultant warrants that neither Consultant nor any authorized representative of Consultant has been named on the convicted vendor list. By signing this Agreement, Consultant 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 County's competitive procurement activities. In addition to the foregoing, Consultant 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 formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether Consultant 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 Agreement for Expert Witness Services Florida Keys Orthopedic & Sports Medicine MONROE COUNTY CODE ETHICS PROVISION Consultant warrants that it has not employed, retained, or otherwise had act on its behalf any former County officer or employee in violation of Ordinance No. 10-1990, Section 2,or Ordinance No. 10-1990, Section 3. The County may, at its sole discretion, terminate this Agreement without liability and may, at its sole discretion, deduct from any sums owed under the Agreement, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. County employees and officers are required to comply with the standards of conduct found in section 1123 13, Florida Statutes, regarding but not limited to solicitation or acceptance of gifts, doing business with one's agency.. unauthorized compensation, and misuse of public position, conflicting employment or contractual relationship, and disclosure of certain information. SCRUTINIZED COMPANIES Section 287.135, Florida Statutes prohibits a Contractor 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 Contractor 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 Contractor from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 of more, if the Contractor/company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria and is not on the State Board of Administration's "Scrutinized List of Prohibited Companies" available under the quarterly reports section at Consultant certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, Florida Statutes, the County may immediately terminate this Agreement at its sole option if the Consultant is found to have submitted a false certification; or if the Consultant is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for more than one million dollars,the Consultant certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, Florida Statutes. Pursuant to section 287.135, Florida Statutes, the County may immediately terminate this Agreement at its sole option if the Consultant is found to have submitted a false certification; or if the Consultant is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum 10 Agreement for Expert Witness Services Florida Keys Orthopedic& Sports Medicine Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. As provided in subsection 287.135(8), Florida Statutes, if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject Consultant 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 Consultant 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 List or been engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. DISCLOSURE OF GIFTS FROM FOREIGN SOURCES If this Agreement is $100,000 or more, Consultant shall disclose to County any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101, Florida Statutes, if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity,the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Consultant must also provide a copy of such disclosure to the State of Florida Department of Financial Services. SUSPENDED PERSON/BUSINESS ENTITY SEC. 2-347(l), MONROE COUNTY CODE In accordance with Monroe County Code Sec. 2-347(1), the Consultant hereby swears and affirms that it is not a suspended person or business entity. The employment of a suspended person/business entity is a material breach of the county/contractor contract and entitles the County,in its discretion,to terminate the contract with no further liability to the Consultant beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination. INDEMNIFICATION AND HOLD HARMLESS Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Consultant shall defend, indemnify, and hold the County, and the County's elected and 11 Agreement for Expert Witness Services Florida Keys Orthopedic& Sports Medicine appointed officers and employees, harmless from and against any claims, actions or causes of action, 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 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 the Consultant or any of its employees, agents, contractors or other invitees during the term of this Agreement; (13) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Consultant or any of its employees, agents, sub-contractors or other invitees; or (C) the Consultant's default in respect of any of the obligations that it undertakes under the terms of this Agreement. This section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Consultant is required to provide an affidavit under penalty of perjury attesting that Consultant 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: I. 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 of the 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; S. 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 11 of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Consultant, I certify under penalties of perjury that Consultant does not use coercion for labor or services in accordance with section 787.06. Additionally, Consultant has reviewed section 787.06, Florida Statutes, and agrees to abide by same. 12 Agreement for Expert Witness Services Florida Keys Orthopedic & Sports Medicine IN WITNESS WHEREOF, the parties hereto have executed this Agreement as shown below. Date: 02/19/2026 BOARD OF COUNTY COMMISSIONERS ........................ OF MONROE COUNTY, FLORIDA fob SGt,GGlne� . y: 3¢ulb",Ihilllli cl r 7" Ib tr 7 ..t 1 l Bob Shillinger, County Attorney Date: .. � ? -. CONS la By. Dr. P� . S. hllis , Jr., M.D. FLORIDA KEYS ORTHOPEDIC & SPORTS MEDICINE CENTER BOARD OF COUNTY COMMISSIONERS Approved as to form and content: OF MONROE COUNTY, FLORIDA Christine Digitally signed by Christine Hurley Hurley Date:2026.03.04 12:39:48-05'00' Christine Hurley, County Administrator Jessica Quiggle, Esq. Assistant County Attorney Monroe County Attorney's Office 13 Agreement for Expert Witness Services Florida Keys Orthopedic & Sports Medicine NFAMSM w �w �n i i p ir" Witness Services o it ii (Dr rr Ellison) Final Audit Report 2026-02-19 Created: 2026-02-19 By: Jessica Quiggle(Quiggle-Jessica@monroecounty-fl.gov) Status: Signed Transaction ID: CBJCHBCAABAAkg2vgsryhvpp2PnQggOcAYOkxEAvjV2Z "Contract for Expert Witness Services (Dr Ellison)" History Document created by Jessica Quiggle (Quiggle-Jessica@monroecounty-fl.gov) 2026-02-19-2:45:42 PM GMT Document emailed to Bob Shillinger(shillinger-bob@monroecounty-fl.gov) for signature 2026-02-19-2:45:47 PM GMT Email viewed by Bob Shillinger(shillinger-bob@monroecounty-fl.gov) 2026-02-19-4:24:46 PM GMT Document e-signed by Bob Shillinger(shillinger-bob@monroecounty-fl.gov) Signature Date:2026-02-19-4:25:47 PM GMT-Time Source:server Agreement completed. 2026-02-19-4:25:47 PM GMT Adobe Acrobat Sign CERTIFICATE OF LIABILITY INSURANCE DATE: 12/1512025 PRODUCER: KLIMA SORRELL INSURANCE GROUP THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 2160 DUCK SLOUGH BLVD STE 102 AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS TRINITY,FL 34655 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURED: PAUL ELLISON,MD INSURERS AFFORDING COVERAGE 100210 OVERSEAS HWY STE 3 INSURER A: The Medical Protective Company KEY LARGO,FL 33037 6814 Reed Road,Fort Wayne,IN 46835 NAIC number-11843;www,medpro.com ORTHOPEDIC SURGERY COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE POLICY POLICY POLICY LIMITS LTR NUMBER EFFECTIVE EXPIRATION DATE DATE (MM/DDfYY) (MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE CI COMMERCIAL GENERAL LIABILITY PER CLAIM $ 171 CLAIMS MADE El OCCUR FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) $ F1 PERSONAL&ADV INJURY $ GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ D POLICY 0 PROJECT 0 LOC PRODUCTS-COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 El ANY AUTO (Each accident) n ALL OWNED AUTOS BODILY INJURY 0 SCHEDULED AUTOS (Per person) 0 HIRED AUTOS BODILY INJURY 71 NON-OWNED AUTOS (Per accident) $ in PROPERTY DAMAGE (Per accident) PROFESSIONAL.LIABILITY 609427 12/15/2025 12/15/2026 PER OCCURRENCE 171 OCCURRENCE PER CLAIM $ 250,000 R CLAIMS MADE RETRO DATE: 08/24/1994 ANNUAL AGGREGATE $ 750,000 .. .......... EXCESS LIABILITY EACH OCCURRENCE $ 0 OCCURRENCE El CLAIMS MADE AGGREGATE $ El DEDUCTIBLE $ El RETENTION $ $ ...... ......WORKERS-COMPENSATION A'ND----­­ -- --­­ ------ 6 WC"STATUTORY LM1TS -E—IOTHE"R'... ....... �EMPLOYER'S LIABILITY E.L.EA ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT OTHER: PER OCCURRENCE LIMIT EMPLOYMENT PRACTICES LIABILITY OF DEFENSE DEFENSE COVERAGE AGGREGATE LIMIT OF R.ETRO.,,D,ATE,:,,-- DEFENSE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SEE POLICY FOR SPECIFIC COVERAGE INFORMATION/SPECIAL PROVISIONS SC FLORIDA KEYS ORTHOPEDIC&SPORTS MEDICINE CENTER .............. CANCELLATION RTI F1 CATE HOLDER: .......... PAUL ELLISON THE MEDICAL PROTECTIVE COMPANY WILL NOT 100210 OVERSEAS HWY STE 3 BE RESPONSIBLE FOR INFORMING THE KEY LARGO,FL 33037 APPROVED BY RISK MANAGEMENT CERTIFICATE HOLDER OF ANY CHANGES IN BY zz�k&Qeg" COVERAGE OR IN THE LIMITS OF LIABILITY OR IN THE EVENT OF THE TERMINATION OR DATE 1.27.26(/ CANCELLATION OF THE POLICY. WAIVER N/A XYES__ The. . .Medical I.­1 Protective I .... ..Company Representative Col 1000 01/11 ATI'M HMENT D. COUNTY ADMINISTRATOR CONT"�RAC"f' S(,JNIIMA ICY f:(,,)I�)\,I FOR CONTRAC"I'S $100,000.00 and Under Contract with: Tarkett USA, Inc. ( ontract 4 061323 Fffective Date- ..Up.o.n....n.otrt.ce..to 6 E-,xpiratio 7 1 202 n Date: ............................ Contract Purpose/Descriptiow Flooring for Solid Waste in the Gato Building-Tarkett USA, Inc, Sourcewell Contract#061323 .......... .................. . ......... ................................ .......................................................... Contract is Orioirtal Agreement ontract Amens.nient/Extension Renewal Contract Manag'er: William DeSanfis 4307 desont�s-willwam@qiositc)ecounty fl gov (Narne) (Ext.) Email Address C ONTRACT (I OSTS Total Dollar Value of Contract: 'S 16,805A6 Current Year Pot-tion: $ ...................... Tinvo be S 00,000 or then requires BOCC,appn'�%'fl' ml ess the�'nj�"MM k�' 111MIMP ')j ol ''i Budgeted? Yes FV No Grant: COUMV MitCh: - - F'Llnd/Cost Center/Spend Category- 304 24011 00061 ADDITIONAL C 0 STS f."stirnated Ongoing Costs: /Vr For:N/A (NOt included in doHar value above (e.g. maintenance,utilities,janitorial, sakiries,etc.) Insurance Require& YES *_ NO cowRACT RE'V1FW Reviewer Department/Office Director/ Signature: MIOT�DeSantis Assistant Director D';My agned Uy Sri K O,Nkm C ounty Attorney SignalUre: Joseph X, DiNovo D'ItMe 2G26 63 D4 1 D 3 d 41 0 TOO' Ma m 1>9"Uy,gn�dtvJady�RVV Risk nageent S ,Iasi yn Flan Date 2026 03 04 12%36 0500 ....... ... Dqla t��ql,d by L1 Ab­ ,. , PUrchasino Signature: Lisa Abreu Date'2026 R%X 14 24 54 WO (email contlllOs ef 111011MCCOMIIV-tl.goN) OgdA�y wpwd by M�16­M.Immky OMB Signature: Angelica Malcosky Dw.2M U 09 08 24 23 04 OT (emait(AM ei monnwcoAmty-t1.g(m Comments: Revised 110(C 1111212025 91 (3)Tarkleft Project# 1006460 2/6/2026 Chrissy Collins Monroe County RE: Flooring Proposal for: 1006460 Monroe Co-Cato Project-Solid Waste We are pleased to provide the following quotation for the above referenced facility. Pricing is based on the Tarkett/Sourcewell Contract#061323. SCOPE OF WORK: Stvle Color Name Color# Ouantity UoM Unit Price Line Total CARPET MATERIALS Electric Edit Ethos Omnicoat Modular Tile 24x24 Ground 100.67 YD2 @ $ 2050. $ 2,063.74 C-EX Modular Tile Adhesive-4 gal. 1.00 EA @ $ 127.76 $ 127.76 C-36E Floor Primer-4 gal. 1.00 EA @ $ 6430 $ 64.30 LVT MATERIALS Even Plane LVT Grey 288.00 FT2 @ $ 3.80 $ 1,094.40 959 Adhesive,4 gal.pail 2.00 EA @ $ 167.97 $ 335.94 LABOR Carpet Installation-Modular Tile 78.00 YD2 @ $ 8.25 $ 643.50 Install Primer 940.00 FT2 @ $ 0.93 $ 874.20 LVT/VET Installation 240.00 FT2 @ $ 4.29 $ 1,029.60 Tarkett Base(up to 4")-FURNISH AND INSTALL 240.00 FT @ $ 3.38 $ 811.20 Hourly Labor 8.00 HR @ $ 204.54 $ 1.636.32 Adhesive Removal 1,880.00 FT2 @ $ 1.10 $ 2,068.00 Food(Per Diem) 14.00 YD2 @ $ 60.65 $ 849.10 Major Floor Preparation(to include self-leveling)- Material Only (55s/f per 55#bag)(FT2) 940.00 FT2 @ $ 1.54 $ 1.447.60 Major Floor Preparation(to include self-leveling)- Labor Only (55s/f per 55#bag)(FT2) 940.00 FT2 @ $ 1.54 $ 1,447.60 Tarkett Transition Strips(Rubber/Vinyl)Furnish&Install 12.00 FT @ $ 4.25 $ 51.00 Staging/Inside Delivery 2.00 HR @ $ 6126 $ 122.52 Mileage Reimbursement 600.00 EA @ $ 0.87 $ 522.00 Hotel/Motel 7.00 EA @ $ 192.76 $ 1,349.32 S1 Freight,External 1.00 EA @ $ 267.06 $ 267.06 TOTAL $ 16,805.16 NOTES: 1. Field measure and estimated quantities by: 855453 Icon Floors LLC 2. Standard running fine carpet products require a 65 square yard minimum purchase,except Express and Priority Express colors which require a 25 square yard minimum purchase,and except the style Plexus Colour which requires a 5 square yard minimum purchase. 3. Please include product style,color,and backing on purchase order. 4. Manufacturing overage is included in material quantity,to bill only at the amount shipped. The overage%is up to:5% 5. The material price includes freight. 5. No freight is charged for adhesives(ancillary supplies)when shipped with material order.When adhesives(ancillary supplies)are shipped without a material order,buyer is responsible for freight costs. EXCLUSIONS(unless specifically included in the;drove scope of work): Protection of Floors Attic Stock Night/Weekend Labor 1 (3)Tarkleft Project# 1006460 21612026 Dumpster Cost Bonding Cost Mats Preformed Corners Trip Charges Removal&Disposal Resilient Flooring Stair Materials Extensive Floor Preparation Furniture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of Resilient Border Carpet TERMS OF PAYMENT: (SuubJect,to Credit Approval) Net 30 Days All Materials anew]Labor..Payment Ere within term,ref each invoice(materials wiH be invoiced upon shipment,labor will be invoiced upon comple.tion or as phased). 1.Change Orders:Any work not included in the above scope of work will require a signed change order before work can be performed. 2.Term of Quote:Prices given are firm for sixty days from proposal date. 3.Lead Times:Please note that we are a made to order rnill and we cannot commence production until a signed PO or contract is received. Note that normal lead times are as follows: • Fast Track Carpets,two weeks plus shipping; • Running Line Carpets,four to six weeks plus shipping; • Custom Carpets,six to eight weeks plus shipping; • Lead times are approximate and do not start until after the purchase order or fully-executed contract is received. 4.Floor Preparation:Additional floor preparation may be required as a result of an unforeseen condition of the floor.Costs associated with this floor preparation will be negotiated on a job-to-job basis.Our products perform properly when installed on floors that are free of dirt,oil,paint and excessive moisture.Floors that have moisture readings greater than the manufacturer specified tolerance will not meet specification and will require further curing time or treatment prior to carpet installation. We recommend only wet scraping or mechanical removal of all non-water based adhesives. 5.Asbestos Abatement:This quote DOES NOT include asbestos abatement.Neither we nor our installers are responsible for the handling,removal or abatement of asbestos contained floor material or adhesive.Further,our policy is to request an Asbestos Hazard Emergency Response Act(AHERA)report prior to proceeding with any,floor material or floor adhesive removal.We and our installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used,we and our installers may require additional measures be taken prior to installation of any product.These measures may affect the price of this quote.Please contact our Technical Services Department at 800/248-2878 ext.2129 for more details. Please indicate your acceptance of this proposal by returning your signed purchase order or fully executed contract to the email address shown below.Please address it to my attention.Should you have any questions,please let me know. We look forward to working with you on this project. Sincerely, C I v,tKa Flowers Cynthia Flowers Account Coordinator Source One Department cynthia.flowers@tarkett.com 2 *sent for update Dec 2025 Souircew6�� Contract # 061323 TII�::U exip 8/9/2027 "TairIket Illlli Inc INumbeir: 168"1 "19 rairIkett IllResifient INIII:::)IN: SIB A Required nt IR11131M NONE= Backing Nscount Off Sourcewell Style Code Style Description Code Backing Description List Price Ust PHce Member UUM PHce Per UOM 11175 11::.Aifice Cif Flex Aiire@ Cush R Cushion IS $66.66 36% $42.42 7SY 11175 [:.:Affice M Powerbond Cushion $57,20 41% $34.03 SY 'I'll 75 11:::Affice M R Powerbond Cushion IRS $58.51 40% $35.32 SY 11,611 Electric edit G,U ethos@ Modular with On-inicoat $34,33 31% SY 11611 1::.:]eci:ric Edit CII::: Flex Aire@ Cushion $35.65 29% $25.13 SY 11611 l::.:]eci:ric Edit CR Flex Aire@ Cushion IRS $36.96 29% $26.42 SY 11600 [::�maline GU etlhos@ IModullar with Orinnicoat $51.47 37% $32.45 SY 11600 [:.::maline cjl::: Flex Aire@ Cushion $52.79 36% $33.73 SY 11600 [:.::maline CCU l:1ex AireOD Cushiorii IRS $54.10 35% $35.02 SY 11600 [::maline IM IPowerbond Cushion $45.42 36% $29.24 SY 11600 [:.rnaline IM R l::Iowerbond Cushion IRS $46.74 35% $30.53 SY 04119 l::.:*.)arto GLJ ethosO IModullar wiith Ornnicoat $76.75 41% $45.46 SY 04119 [:'Sparto Cl::: l:1ex Aire@ Cushion $78.07 40% $46.75 SY 04119 [:.:#arto CIR l::1ex Aiire(N)Cushion RS $79,38 39% $48,04 SY 04119 Esparto M IPowerbcnd Cushion $66.27 42% $38.25 SY 04119 Esparto MR IPowerboind Cushion RS $67.58 41% $39.54 SY 11498 Fabricate GU ethos@ Modular with Orninicoat $56.24 4'1% $33.02 SY 11498 l::�abiricate Cl::: Flex Aire(0)Cushion $57.55 40% $34.31 SY 11498 11:::abricate C R: Flex Aire@ Cushion IRS $58.86 40% $35.60 SY 11498 l::4bricate M Powerbond Cushion $52.59 43% $30.01 SY 11498 11:::abiricate M R Powerbond Cushion IRS $53.90 42% $31.30 SY 11598 l::41ow Ground GLJ edhos@ IModuullar with Orninicoat $51.47 37% $32.45 SY 11598 11::::a1low Ground Cll:::: Flex Aire@ Cushion $52.79 36% $33.73 SY 1 11598 l:::�allow Ground CR �Fl1ex Aire@ Cushion IRS $54.10 35% $35.02 T rket t USA,Inc 30000 Aurora?d Solo,,,OH 44139 (800)8')'�8')l b IPage 9 of 37 ®Tarke�tt *sent for update Dec 2025 Souircew6�� Contract # 061323 Tll�::U exip 8/9/2027 "TairIket Illlli Imp INumbeir: 168"1 "19 rairIkett Ill Resifient N111:::)1N: SIB A Required Cot IR11131M Style Discount Off Sourcewe 7 ll 11 Series List Price Member UOM Number Ust Price Price Per UOM IN513572 Adalptt (SuireSet) $811 27..91% $5.85 sjj:::: IN 51121191 Contour $7.73 31 M% $5.33 Ali:: N518360, Even Plane $9,24. 50.94.% roIm III::: IN 5"12"187 11::.::.�vent 11 $739 39ff7% $4A4 sj�:: IN 518 601 (111.) 1 flit 11 Ift $14.9 9 39.4.3% $9. 8 Sil IN518780 INNn ll::IVC 11 V I $T65 4.1 26% $4A9 siI,::: IN512186 Victoiry $16.04. 28.95% $11.39 S11:: II.....VT ll::::ir e i g Ih t IN/A IN/A $1 M sII:: .T.-rl'tt USA, 30000 Aurom?d Solo,,OH 44139 C800)sqe 891 b P 22 age of 31 qTarkett *sent for update Dec 2025 Souircew6�� Contract # 061323 Tll�::U exip 8/9/2027 "TairIkett Alliance Number 168"1 "19 rairIkett Ill Resifient N111:::)1N: SIP A Required Cot IR11131M NEW now Sourcewefl Product DescvipUon&Use Spread Rate Sitoe u0m Member Price Per i ........................................................... 133 155 Square Yards 4 Gallon Pail $127.76 0.1211:.1 Pressure Sensitive Adhesive V1ex Allire&IDesso Orly 604734021 1596 1860 Square Yards 48 4 Galion Pails $121.38 i Adhesive--ethos 13�-1 55 Square Yards 4 Gallon,Pailiv 'Note:Lrdsting adhesive needs to be rernoved and the floor pil with G i If new 604734022 concrete has a high level of porosity,c,36L prInner Is suggested.i not use with I ley Aire backing. 1596 1860 Square Yards 48 4 Gallon Pails $12138 C GU II11M AdIlhesilve et1hios oirrilly Solvent free,acrylic adliesive. 60 80 square yards/4 gallon 604734024 4 Gallon Pail $164.80 For use on concrete where moisture limits exceed C I X 11 air1ke11Tajpe@+--et1hios IModuullalr&11:1ex Aire IMModuullar Orally 144 Square,Yards per Roll for 24"x24" 604737028 Roll $15932 See Technical Bulletin for further con i rations. Em C•16E AdIliesilive 44 55 Square Yards 604734010 4 Gallon Pail $94.24 528 660 Square Yards 48 4 Gallon Pails $88.40 Izi , I I I I I=il I'll I I I 1 111 Ill 19 Gireeirl Adheslive 40 48 Square Yards 604 ;4001 4?Gallon Pail $47.90 C-36EPrimiter(Porous concrete floors must be primed) 1 3 -1 77 Square Yards 604735013 4-Gaflon Pail WAI 10 C 56 Pil(Encapsulates[race amounts of old adhesive) 120 140 Square Yards 604735012 4 Gallon Pail $127.76 Do NO I W with Powell Cushion Searn WeW-54(Not for sale in California) 800 Linear Feet 604735005 Q1 $16.66 Do riot use with Powell ethos cushion.Cleans with Seam Cleaner 77. C X11 Seal Weil(Poweirboil&Broadloom)(f a The sold in California) 400 Linear Feet 604735019 Q1 $21.16 Meelts SCAQll BAAQl Water Based(Cleans with Water) Power WeW Seam ill(Powerboil(I a be sold in California} 400 Linear Feet 604735024 Q1 $21.16 Meets SCA01i RAAQlVD(Cleans with Acetone) Seaiin Cilearl(Not for sale in California) 1,600 Linear Feet 604735007 Q1 $23.68 Do riot use with Powerbond ehhos Cushion �111 ^mia m NEEMEMEM 11101111simairk 1,400 1,600 Square Feel: 297038073 4,Gallon Pail $278.71 kApproved for Goiriii 111)11 atiltude,11:::veiriil Metallll:!dge 350 400'3quare Feet 2970381 Gallon Pail $73.81 959NM Vil'rile,and Plank Adhesive 150 175 Square Feet/gal(Porm.ls) kAll for control iill)Lafitude,Ill.vent,ll.ven Plane&MetaIllidge. 297039082 4rallon Pail a a x,a 250 300 Square Feet/gal(Non porous) as Solvent free easy to apply adhesive 99611"wo IPain 11:::jpoxy AdIhiesive *Alpli for Carl ill)ILatitu de,liEvent,ll:ven ll:4ail IhrQaINM Ii II..VT& 225-250 Square Feet(gal (gal 2.97038019 4 Gallon Pail $232.86 MetallEdge. High Moisture Subi Adhesive: 99%RH New concrete (Porous&Non paroles) <95%iRH 2-years,old concrete 975 Two Ifbalrt Urethane Adhesive 150 Square Feet 297038014 Gallon Pail $191.59 kAll for Conti ill)ILatiituude,11:.venit,11:.ven Ifallaile,INrCDIhB PVC II..V1f 300 Square Feet 29703802D 2 Gallon Pail $344.23 C11::]M'T1 2001 Wet Set Adhesive*Appiroved fair Vil i.oini-nended adhesive for installation over porous sul only 125 Square Feet per Gallon 25045BOOD 4 Gallon Pail $109.22 C11::.!1N'T1 2000 11:::lpoxy AdIlhesilve*Appiroved foir ill 120 130 Square Feet per Gallon 250451 4 Gallon Pail $69.99 Recommended adhesive for installation over porous sul only '11"ail SuireStail Jilent Roll Size:36 inches x 33.33 feet 500033006 Square Feet $0,65 `All for Contour,iD Latitude,&IEvent Roll Size:.54riches x 44.4 feet 500033007 Square Feet $0,65 I I T.rkett USA,Inc 30000 Aurora rtd Solon,OH 44139 (801 page 23 of 37 qTarkett -O -N N W M O Ifi O P.N.�O O o r O O G 2 m a r r � - �O ��r O � N O N N�O I�M�O �O ��N OJ V h Q` N �Z O 3 m O r W 6�V N N m V N O OJ�O OJ I� � N OJ I� O N N In _ N 1 I�r M�O M O O h d`h�O M OJ N O OJ OJ N O IO O O O M D)O M OJ m W 1' _UA Q z y O O M— 7 C - - - —P LLj y J N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N z \d N O V In-In O N O M N O O O O,to M N.V O .h h h a O h h M 0 0 OJ 0`N N�O C h N C d`d`N O C C h M M O W p� N OJ C h M W M h N N I W N 6 h OJ In W h (V C 6.6(V C O(V M(V b Z ? �N N c O O O O M O O O C O•N i0�M�E N O O W N O l0 Ln O M M N� M^ O h O W M M m N N N 3 y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N-N N N N 0 0 I(> M III�M�y' _0 g z 1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N V N N N IIIIIIIIIIII� N N IA W M O>4`4` O N n O P O I�N LA O M LA O C O C N M N O r N a N II� IA z M M C�O M O�N N N N C N I�O O• M C M O h C M I() n N O C N M N N N N N N N---—---N N N N pA, AW+nlll a N N m I� �O OJ O�Y'1 Ifi I�N Ifi�O N N O O�N N�D I�M O N O O O S N W - IIWMbstll'I T IIII 2r O O P O�I�M M N O�M N I�W m M If O OJ�O OJ I� In OJ OJ O�N M m O OJ N��O O O 6 a N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N "0" IIII III v ;M iO O� M 0 0 0 iO OJ; ,�; M I�O N O OJ OJ�O N i0�O 0 0 W O M M iO' ;N d`r O M N � M h OJ 6�O M I�m I� N I�I��O V N I�OJ OJ�O M N h O N v?O�V N C V O In N O�M ���N �yy�pvpp �� ���C�� �i �� �Q• � N I�� N C B N/i � M d IO In W O i0 M O N O M O IO a N M N 0 0 O W pJ M P P N OJ d` M N O n r`O V O IIIIIIIIIIIIIII� ����� IIIII V,�' f+l,� \ I� o3oi oiN vl�l� o.o� �.o a��i c�i vio of.o oi� I(i oi� o��l� �omNv.oh oarn �^ CNN - N N N W P M N M M . I of N C N M cr no Q _ C II IIIIII C 1 NNN NNNNNN!?!?NNNNNNNNNNNNNNNN NNNNNN!?!?NNNNNN NN!/�!/�NN III II ao C'>'1 �Ill��al. IIIII X o v ooN�mm o h oN omm.o N.o o a ov ��o to to o h .o In h M romM �1_�' IIIII v MM M IIIIIIII i C F N a a m�l�w P „ "^ � P P� N M M•O�M N�O M C�O�h 0 d`M C M In O I�� M C�i!J H O C YJ N M M ifl M��O W M r �O 'kM ICI Fd IIIIIIIII Im IIII Z O, N h N V N IIIIII '�"I� r MMO N N In�O N O IMn V O ON O In O�C6O6 hNIO M N IMnO O O N IIIIIIM'llm Q U a`N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N CO II Z� �Q`h M O M 0 C OJ P O M h O N O OJ OJ N O l0 Ln O N� O• O��O N N M O N N nan N v Illl) Il�llllls V " .M C V a0 l0 MrI O•M4 0` �� � m h IIIIIIiITM1nI Illlllllllllm f �q 0 0�� V�a0 M I�d`N r N N a0 O r-OJ N O d`N N N h M�O V IfJ 0 0 0�N W V I�V M S l0 O a0 N h C In I� mlllllll mlllllllllll � a3oov .oa+�ri o�ri�.o�I�mMvvio m.o oiha�Iri of ro NMmo�Nv.ov ��vvcJ^ �cJ�� 99C j N N N N N OJ O�M M M of O N C C M C OJ N C r-M My j° IIIIIIIIIII 0 o a N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N-N N N N no '" va NN IovNMOMo om.o oN NNo .00��ooroor- om in rnN oo vMM �mroin 4 0 0!V M C M O I�M M C aD(V I�O O M C M O I�C C C aO O M ao N M n W P n cV M N C7 r- II Z y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N y N N N N Q oC�,.o o��������L.~1,..',.HHHooHHHHooHHH�HHH1-`,'.H HH000000¢o��� IIIIIIIIM = L � O .O- L U U O v @ v ¢ y ¢ m A 6 a 3 3 3 >y m J w H z z m a E'.E E E Z z Gs y v z m z z 0 0 0 E M r E 3 z ¢o o z o ¢ ¢ o 0 0q..¢ ? o w ,�a o s u o y o S z o z o N o a x ¢ �°-�L N 0 0 0 0 = m o v y mm z z ¢ z ¢ Z _ :-' x v s d m , o mm UofnU = ¢ 02 ¢ oS���� rn Z'z v - .� Z-z �vxi=Z �� =LLB o v o�ii. LL �inoo�N E o o 0 0 o o o o ro Z z - - o o> t m = 6-2-2 m m m `°; o c `.° c LL v v = _ o LL,';. - > > > >N m m---¢ N, l0 l0 N aR,l0 l0 (0 O W N LL_Z C LL UI 0 o— U N N y K Y K o O O O_ ¢LL V> > C U C O (0 CC — —�(n!n O O H S LL W W N N N E— N N O O N -- --- w "o v vHH E E�� o P.'� v E Lf) . F . LLN coHH v N ` 2 2 HF-F- 2 v N a � 55 N o o o 1. =y yv v m JCD >>>> U nrf>N U f) U 7 U (U co o C N N 7' c0 i O C Z 5 G 1---v}v}-------- N N N In N --------------------- In N O NNto N N N N N N- o-- N N N In N In N N--N------N N N N N N- y In N� N Oj a(V N �? J c a`to<n cn yr cn cn vs v> cn<n y y <n <n <n rn rn rn Z,<n in-yr-----------<n<n<n<n rn rn N�° O M O�N r N� n n O�r N 0 I�W W h W�°V N r �p r O N N N N N N N r 3 y ---N--------- N N N N N - N-----N NNNNNNNNNNN N to d O O p N h r 7 W 7 S. C Q 3 M a N r 0 0 N N V r uj M M N O N N O N O N cQz a-yin---------- to - toNNNcn-yr-------------- to to W O O O W Ifs I�p v^i M ro W O.o O h ro N V �O a Q I�r N MO N S C N--,1 2 S�N I� N ro W vNi r N O N W O o p r I�N n r N r O W O ul u)N O.�O� N N O N O C V N r II z N N N N N M r N r N N N ���VY VY VY VY Cn VY Cn inyy y y y N y NNNNtn NKNh NNNhh NhhhhyN N N O O N r N O 6 O�N M M N r—--W- r r Ncj r d r a vi<n to v:v:v:v:ur rn v:rn rn rn cn cn cn <n cn yin<n<n to v:v:ur ur yr ur v:v>v>cn cn cn cn cn cn cn <n y 00 ~n III W WNOMOW '. W W wD � /O N WdMM ifs///� N - to---Ll �' r Illlllln y NNiA i/}i/}i/}Nu?'..u?NNN N NVT VT VJ VT u?u)NN T/)NNyN N to I II mllllllllln IIIII IIIII IIIII III IIIIIIIIIIIIIIIRR IIIIIIIM d�°V 0 0 0 0 N ^N N V O� O� O� �p O N O M h 0 4`M V W W r V W W O�I�r°`O °' O u?W r Ma d III nIN nm O Y 1 N N iA i/T i/J i/J i/J C?iA!?iA to to CA CA - to N N fn fn fn N N in i/T VT C/T C/J C/C?!?f?CA fn fn fn fn!A!/� C'>'1 Illllllllm IIIIIII non 'm O ,. q bA"atl I I III cr cr I....... IIIII m v r M^ •D�°�D r N N V N h N O N N N N q iiiiiiiiiii IIIIIIIII� IIIIIII mm iii,;;,!, d�0a o o ,°I�NM F O 3 N N r V^0 0 N r N N M M N O ^N O N O O N N W M O h°� •••• I� I Iqq O '- ^nil Iw �I N N O � >y III °;..� cQU a`to--yr--------- - - - - - -----yr--------------- - - nlllllllllllll Innnl� 'lll'll -j nan N v M M N °�O W h W IIIIIIM II�IIIIIM U a � � O N W 0 0 0 � N h N O�tT Q(V�O r(V O In O V M O� r O h -------NN yin NN - - N N - to to---t/ -N N N N N NN NNNNN!/ O N pp�� Illlllilnfinl Illlllllllllm F �° 'WvP Wp 1p p ? j r N W r r r O 1�(]O N r N N N N N O N I(OJ I(J C N N IIIIIIIIIII c� a'yyin yyr yr yry�ti��N ti ti ti �NNy�- r-------------h— — rn O�O O h m C 3 E V N N N^ N N r O N�N V 3 r O N W O O p r N r r N O O N m� �N elW Z - to------y N y--- - NN-----N N N-------In In N!n N u 5Y 7 LL LL } LL LL LL UU..'..}}} LL G{: � LL LL LL W W W m�'LL LL LL LL LL LL LL LL}�"W W W LL LL LL LL Illllllllllm j � > m ' .- p E c J U o � ° t""aoN w 10 >U E g " # E ° avi 4 o z rn-- .o o -c! v'o v Y o to[*I E � _� � ¢ o m� V 0 0 — y �- uusi a °1 . = Z E U m (O 0 Q 'o_ 0 0y E � y m r7f � = ,.z ai LL r �a m w — °_ y m 9 «'.a CC.= o Z— o E an > E - o 'us 'Ii. c-� m 5 c E E in O O v W X G ( ¢r W O 4J M a a a O Q N N ¢ o¢ o m mU vkJwrr o n dp 4�,1_LLLL v E w v J v m v a y y m o LO F v w°' 0 0 0—'y,. m a s m m E Z Z o o E,. o'o w a0`, >. O = o y E E E v' D E o 0 o a,x m qr o m m m ° ° ayor, m m m m m m o n o oo E "n 9° (V J LL'LL'LL'LL'W QI LL J LL LL r c�,�"M M r m LL LL W W F-!H fn N N N N U U U 2 LL Q J U (U co Q "u ° rR C (U N ^�� 03 o v mroo+r��mrnNvi��ory Nri� r�� N c Z 5 o a - — yr yr N N----N------------- O N [V V o o V o M V r N M o o N r r^o Z W y � (n (? ih ih[A[A U)U)U)U)N NNNNNNNNNNNNN Z c= a <n <n cn cn vs cn cn cn cn<n y<n v>y y y<n<n<n<n<n<n<n<n -O N n OJ 7 ro ro N D` .M .D` O O M 7 r O S O N a O 0 a O r D`r t r N M.0 0 N N M V � N r ro M W In n III O 3a o hmvv�a mprow ro vorn.o ml�aM >n it ro np4` N N p�Np O 1 D IN o 1 6 Cd> r.N N N m N 2 h M N O- Illllllllmn �r N @ a r « d C Q Z 1 N N VY fA ih in lA lA In In in 4J{n{A N{A to to to to to to N to 'O Y d M O+n N O W O O N O O Op Op 0 O�M V o U C C Y•N 6� M ro V�O M n M M V r 0 N cJ V Ci o V o V r N M 0 0 N r r M r d °V,IA�Iq�q Z M N r M N N ^" N yy C (A VY VY VY VY CAhhyy yyy NNNNNNSnNNN y h •y II�IIIII� ;,I a maanaromma waorn�000mm 2 `� m I ��P'"a".Wll "'"^^ III & N N uJ VS N N V U V IPe..11 ; � "M III r 9 N O� I�N O�I�O O 6� N V I�O O OJ O O n ',' O C LM M ro M c� m lO O O �II C N '" mlllll� a - m yr v>v>v>v>u>ur cn va-ur N y<n y y<n<n y IIIIIIIIIIIIIIIRR "� a O r W V V h V r O W�O V N V O O�`V O O M N M O�M N C d I n Illnl IIIIIIIIIIIIIII� 1 o>i W r O O�r nj M O�(V i!l I� O r CV N(V N(V(V e M N V I�M uJ O d U Z r II � to - ----C/--C/to-to to Nto to to N N N N CY.) re IIII" no. 'a O •O IIIIIIIIIIn g X h N h O O M N O O W O O n u r c Iµ IIIIIIII f N a` M M ro V u7 ro°O N 4` M�O h �O O O O V O O N 'd0 Imllll 111 ' im I''I q N [V V O O V O M V CV M O O N r n N N Q O @ pA Z Of O d C�.1 'k" IIIIII y - — -----C/C/UJ In!n to(n iA(n(n to to(n to(n fit N ny-• C C C a �f IIIIII II U IIIIII III �q rn � hh W rh Nlpa� N.oNrn��nmoo�mrnvao E =E c u I d E O @ °1°°°°° '' °QU a` - — -------cn<n cn v>v>vi vi<n<n<n<n<n<n<n<n C II "z v� nNrnnoo Nvl�oor000l� .o� ® E O: Q` M M W V In W�O O• �D M�D D`r M�D O O O O�h Q• C @ y « > d d r O O N h o° IIIIII II N m N M V � N r r I. 'ao-+ WVy y N N NLY in in C/J In In---N- N--to to to to fit fit Inl'IV F a o h rovvnv ponN orn.000 rommh d p m v E Q IIII m Q• r n n ro r I�N p N I�ro I(]M O O M N O O N •� p C O Ol Il llllln Q 3 W H O D`r C On N In M O r N N O N cV O Y Q O @ C O O N m IIIIIIIIII r ppi�pp p j u O .Mo Q N �2 IIIIIIIIIII R 0 Ono 1 y y� Uy Ly Lys NNNfnN 4JNNtnNN[n[n NtANtnN Y O L a g d C C II�IIIIIIA N Il�lllllfi U m M C N r I�r N ro N O d vEi @ G 'A X z y N —--— —to----N-Nto- « d In V . "Mim y 'y milllllll Q N N N N N N N N N N N N N Q N N N N Q CL" Q •` O N y U C 0W H HHHHH HHH HH HHw HHHHwr ',.W @E C d @ O � LL LL LL LL LL LL w w w LL LL LL LL LL LL LL LL d 0. c = �r 9 Illllllllllm @y yOLOy cvi o m c `o E 3 !g x m o t cn v o N E o _ ,d. coi x w v@ J v o w @ d@ w 19 O T d@ C U y y It«n O o '�' .y.. d V _ .n v o• v c c c ,n o d o wO c U N c'o'o N Z O m O ; 6 d U U LL ; `D o a - v E d a�`o y a� v u o U Y d > C O Y LL U Y Y lL X A w _ ayi=� « d .- �d LL O O O� o � 9 H � ~ ? y T d a >° c m a c m Y v a� v m m c tl a '& ¢ d •`-' @ c c ro=-a c o 0 o o c @-O Y O p ly LL U N 0@ C >• - d O' � c � yoUo3 xxmv vmvovvvv �"... 'IG d �� mF my yCO > W C O Z O n U U U U N`I v `I `l d{ CLr 0. U N O d y S U Tww o 0 0 0 � t `o a E CO `o N o ` E o Q oa oz oo 0 0 0 w o o o 0 (V LL N=N co co d'd Q LL LL LL w If It If U' U U U U J(n 2 f,1„LL J U J d C F Q N F U (U co C N N *sent for update Dec 2025 Souircew6�� "TairIkett AllianceNumber 1 "1 "1 rairIkett Ill iilliii n Ilf::)l : SIPA Required Contact III IM California AB2398 Carpet • Soft surface product pricing does not include the California AB2398 Carpet Stewardship Assessment Fee. Stewardship Assessment Fee . This fee will appear as a separate line item on invoices for soft surface products shipped to California locations. • Neither Tarkett nor its installers will be responsible for the handling,removal,or abatement of asbestos contained flooring materials or adhesives. Asbestos Abatement • Building Owner must provide an Asbestos Hazard Emergency Response Act(AHERA)report to Tarkett prior to implementation by Tarkett of flooring preparation and/or installation of flooring material for each job. If any chemical stripping agents such as those commonly used in asbestos abatement have been utilized,Tarkett and its installers • may require additional measures be taken prior to installation of flooring product. • Pricing does not includes freight or applicable taxes. In consideration of Tarkett's proposed pricing,uncertainty still lingers amid possible tariff implications.As a result,Tarkett's pricing • does not consider any costs associated with potential tariffs.Should tariffs occur,Tarkett will transparently provide percent associated with an applied tariff. Pricing Pricing shown shall be held for effective date period.Change in pricing thereafter will be based on published industrywide materials or • internal price increases and shall not exceed 10%in any trailing 12-month term. • Product pricing may be modified or amended with 30-days prior written notice to Customer. • If Customer's order is mailed or otherwise placed during said 30-day period,the prior price shall prevail. Soft Surface Products: • Minimum order requirement for Powerbond,Modular Tile running line&Broadloom products is 65 square yards. Minimum order requirement for running line products under the Tarkett Quickship program is 25 square yards for Powerbond& • Modular Tile except for: Plexus Colour IV,Abrasive Action II&Assertive Series(5 Square Yards or one carton of 24"x 24"Modular Tile 6.67 Square Yards) • Non-standard styles require a minimum order of 500 square yards. Modular Tile orders are subject to full carton shipments. Orders of 100 square yards or less are subject to an additional one full Minimum Order Requirements • carton.(6.67 square yards per carton of 24"x 24"Modular Tile) LVT Products: • LVT products are subject to full carton shipments. Resilient Products: • Cut charge applicable on sheet cut request. • Rubber sheet sold in full roll quantities. • Vinyl tile,wall base and adhesives sold in full carton quantities. Payment Terms • Net 30 Days from the date of invoice. Change Orders • Any work not included in the initial scope of work will require a signed change order before work can begin. • All available alternatives will be reviewed in an effort to satisfy the customer's product delivery requirements. Tarkett Resilient(not including LVT)products include delivery to a distribution hub to the extent noted on the quoted and mutually Deliveries • agreed to pricing.Delivery,including,without limitation,to Authorized Dealers,members job sites,outside of the continental United States,certain distribution locations,or other designated destinations may incur additional fees. • On Resilient products,there will be a lift gate delivery charge(where required)based on location and will be charged accordingly. • Refer to installation instructions on Tarkett.com for the most up to date information. • Costs associated with additional floor preparation will be negotiated on a job-to-job basis. Floor Preparation • Floors must be free of dirt,oil,paint,and excessive moisture in order for the product to perform properly. Please note the MVER,RH&Alkalinity testing must be performed to give an accurate assessment of the concrete condition and the • test results/data of each test shall be within acceptable limits. • Wet or mechanical removal of all non-water based adhesives is recommended. FOB • Point of Manufacturer or Distribution Hub T".rkett USA, ,c 3ra Rd qTarkett Solo,,,OH 44139 (800o Aur000)aee-snip; Page;3,7 Of 31 *sent for update Dec 2025 Souircew6�� "TairIkett AllianceNumber 1 "1 "1 rairIkett Ill iilliii n Ilf::)l : SIPA Required Contact III IM • Protection of Floors • Boding Cost • Carpet Cleaning • Night/Weekend Labor • Dumpster Cost • Trip Charges • Stairs • Asbestos Abatement Labor Exclusions • Preformed Corners • Mats • Cleaning/Waxing of Resilient Flooring • Attic Stock 0 Furniture Moving a Extensive Floor Preparation Materials • Sales Tax • Border Carpet 0 Removal&Disposal of Resilient Floorina Area Rugs: • Area rugs are custom made and may not be cancelled. Soft Surface Products: Customer 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. Material 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: Order Cancellation or Returns ' Contour 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 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 restocking fees and any return freight incurred. Resilient Products: Customer 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. Material that has already been shipped may be returned only with prior written approval of an authorized Tarkett representative and will be subject to a restocking fees and any return freight incurred. NOTE:The Parties herein agree that there shall be no cancellation or return for any Custom product orders. Material Only Orders: • An invoice will be issued upon shipment of the material. Invoices Source One Turnkey Projects: • Material -An invoice will be issued upon shipment of the material. • Installation-An invoice will be issued upon completion of installation or as needed for phased installation. Soft Surface Products: • Production of material will begin upon the receipt of a signed valid purchase order or a fully executed contract. • Quickship Carpets-Allow an average of two weeks for production plus applicable shipping time. • Running Line Carpets-Allow an average of eight weeks for production plus applicable shipping time. • Custom Carpets-Allow an average of twelve weeks for production plus applicable shipping time. Lead Times LVT Products: • 2-4 weeks depending on style Resilient Products(Excluding LVT): • Rubber Products-4-6 weeks • Vinyl Sheet and Tile-2-3 weeks for stocked products,16 weeks for unstocked products • Wall Base-3 weeks • Title and Risk of loss shall pass to the Customer upon transfer to the freight carrier. Title/Risk of Loss 0 Tarkett shall promptly replace damaged or lost material occurring during transit and ship the replacement order as expeditiously as possible at no cost to the Customer. • Tarkett shall file any daims with the carrier on behalf of the Customer for any prepaid shipments. Warranty • Please visit Commercial.Tarkett.com for comprehensiveproduct warranty terms T".rkett USA, 3ra Rd qTarkett Solo,,,OH 44139 (800o Aur000)aee-snir; Page;3�r of31 *sent for update Dec 2025 Souircew6�� "TairIkett AllianceNumber 1 "1 "1 rairIkett Ill iilliii n Ilf::)l : SIPA Required Contact III IM Soft Surface Products: • Modular Tile product orders will be accepted for full cartons only. Orders of 100 square yards or less are subject to one additional full carton. • Standard Running Line products are subject to the following shippable overage conditions per item ordered: 1,500 Square Yards or less 5 1,501-5,000 Square Yards 2 Overages 5,001 Square Yards 1 LVT Products: • All orders will be accepted for full cartons only. Resilient Wall Base and Adhesive Products: • All orders will be accepted for full cartons only. Note:Overages for all products must be shown on the Purchase Order. • Custom product constructions and product custom colors are available at negotiated prices. All soft surface custom products are subject to a minimum order requirement based upon the custom product construction and • applicable shippable manufacturing overages. • Custom Accuweaves-untested patterns require mockups prior to order. • Other custom constructions and/or colors may also require mockups prior to order. • All custom option orders must be approved by the Tarkett's Product Development and Technical Services departments. • Custom Broadloom product orders are subject to a manufacturing overage of 5%or 6 lineal feet,whichever is greater. Custom Products • Modular Tile and Powerbond with a custom color require a$350 piece dye charge with a minimum order requirement based on the product. • The Parties herein agree that there shall be no cancellation or return for custom product orders. • All soft surface Custom or dropped product orders are subject to the following shippable overage conditions per item ordered. 1,500 Square Yards or less 5 1,501-5,000 Square Yards 2 5,001 Square Yards 1 Note:Overages for all products must be shown on the Purchase Order. • All Tarkett products and services not shown are also available. Please contact your Account Representative for more details. NOTES • Please include product style,color and size on each purchase order as applicable. Please place Tarkett Alliance or Customer Number as well as Resilient NPN number on all orders and communications to ensure • utilization of the proper pricing as well as for reporting. T".rkett USA, ,c 3ra Rd qTarkett Solo,,,OH 44139 (800o Aur000)aee-snip; Page;3d Of 31 Addendum (Sourcewell Cooperative Purchasing Agreement #061323) Monroe County Contract Supplemental Terms and Conditions The Monroe County Board of County Commissioners (herein after—County") and TARKETT USA,INC. (herein after"Contractor") agree as set forth below. WHEREAS, the Contractor has a Cooperative Purchasing Agreement which may be utilized by local governments, state governments, federal agencies of the United States, consortia, or not-for-profit entities with Sourcewell a State of Minnesota Local Governmental Unit and Service Cooperative. WHEREAS, the abovementioned Cooperative Purchasing Agreement is identified as SOURCEWELL CONTRACT#061323 ("Existing Cooperative Purchasing Agreement") and WHEREAS, the County desires to utilize the Existing Cooperative Purchasing Agreement for the Contractor to provide the County with the goods and/or services, and the Contractor desires to provide the County with such goods and/or services in accordance with this Addendum and the Proposal, Quote or Estimate of the Contractor. The County and Contractor hereby agree to the following: QUOTE # 1006460 IN THE AMOUNT OF $16,805.16. This Agreement includes and incorporates the Contractor's Existing Cooperative Purchasing Agreement, its Proposal, Quote or Estimate and Terms and Conditions, as applicable, and this Addendum. To the extent that any terms conflict,the language as set forth in this Addendum shall supersede any other terms and shall be binding. The terms and conditions as set forth below are imposed in accordance with Florida Law and Monroe County Code. Payment: Payment will be made in accordance with the Local Government Prompt Payment Act(Section 218.70, Florida Statutes). Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act. Contractor shall submit to the County invoices with Supporting documentation that are acceptable to the Monroe County Clerk of Court and Comptroller (County Clerk). Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County Clerk's disbursal of funds. If the Agreement is a multi-year agreement,the County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. This Agreement shall not exceed $100,000.00 unless it is approved by the Monroe County Board of County Commissioners. Any automatic renewal is subject to a not-to-exceed amount of$100,000.00 unless the Monroe County Board of County Commissioners gives prior approval of an agreement more than $100,000.00. In accordance with Section 2-58, Monroe County Code, the County Administrator is authorized to sign agreements when the total cumulative value of the contract does not exceed$100,000.00. 1 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. Termination: The County may tenninate this Agreement for cause should the Contractor fail to perform. Prior to termination for cause, the County shall provide the Contractor with seven (7) calendar days' 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, the County shall pay the Contractor the sum due for work performed 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 County may terminate this Agreement for convenience,at any time,upon thirty(30)days' written notice to the Contractor. If the County terminates this Agreement, the County shall pay the Contractor the sum due for work performed prior to termination,unless the cost of completion of the remaining work under the Agreement exceeds the funds remaining in the contract. Maintenance of Records: The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. 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 termination of this Agreement.If an auditor employed by the County or the County Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, 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 the Contractor. 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 of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body the 16' Judicial Circuit in and for Monroe County,Florida. This Agreement shall not be subject to arbitration. Attorney's Fees and Costs: The Parties 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. 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. Nondiscrimination: 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 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 disability; 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 2 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 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 s. 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 s. 12101 Note), as may be amended from time to time,relating to nondiscrimination 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; 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. 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 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. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. The Agreement is a Public Record under Chapter 119,Florida Statutes. The parties agree to comply with Chapter 119,Florida Statutes. Sovereign Immunity and Non-Waiver of Immunity: The County s indemnification is limited and subject to the sovereign immunity provisions of Section 768.28, Florida Statutes. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the County and Contractor 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.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; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement 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. 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. Statutory Requirements and Notices relating to Unauthorized Employment and Subcontracts and E-Verify System: In accordance with Section 448.095, Florida Statutes, any 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 3 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 Agreement term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095,Florida Statutes. Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a 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,proposals,or replies on leases of real property to apublic 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 36 months following the date of being placed on the convicted vendor list. Scrutinized Companies: Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, Florida Statutes, the Department may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for more than one million dollars,the Contractor certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Terrorism Sector List or engaged with business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant to Section 287.135,Florida Statutes, the Department may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Terrorism Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. As provided in Subsection 287.135(8), Florida Statutes, if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. Disclosure of Gifts from Foreign Sources: If this Agreement is $100,000 or more, the Contractor shall disclose to the County any current or prior interest of, any contract with,or any grant or gift received from a foreign country of concern, as defined in Section 286.101,Florida Statutes, if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity,the amount of the contract or grant or gift or the value of the interest disclosed,the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift,and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Contractor must also provide a copy of such disclosure to the State of Florida Department of Financial Services. Suspended Person/Business Entity, Subsection 2-347(l), Monroe County Code: In accordance with Monroe County Code Subsection 2-347(1), the Contractor hereby swears and affirms that it is not a suspended person or business entity. The employment of a suspended person/business entity is a material breach of the County/Contractor contract and entitles the County, in its discretion, to 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. 4 Indemnification&Hold Harmless: Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Contractor shall, indemnify, and hold the County, and the County's elected and appointed officers and employees, harmless from and against any claims, actions or causes of action, third-party claims for any litigation,administrative proceedings,appellate proceedings,or other proceedings relating to any type of injury (including death), or damage to tangible property including reasonable attorneys' fees and court costs finally awarded,by reason of, or in connection with: (A)the performance of the Work by the Contractor or its employees, agents, or subcontractors,but only to the extent caused by the negligent acts or omissions or willful misconduct of the Contractor or its employees,agents,or subcontractors; (B)the negligence or recklessness,intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub- contractors or other invitees to the extent caused by such parties; or(C) a material breach of this Agreement by the Contractor,to the extent such breach results in third-party claims. Notwithstanding the foregoing,the Contractor shall not be obligated to indemnify or defend the County to the extent a claim is caused by the sole negligence or willful misconduct of the County or its elected or appointed officials, officers, or employees. The Contractor's obligation to defend shall apply upon tender of a claim,but only to the extent of the Contractor's proportionate fault. This section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement for the period required by applicable law. Insurance: At all times during the term of this Agreement(including any extensions thereof),the Contractor shall maintain the insurance as specified in this section.In the event the Contractor fails to maintain all insurance required by this section,the County reserves the right to immediately terminate this Agreement or suspend all work until the required insurance has been reinstated. Delays in completion of the work resulting from the Contractor's failure to maintain required insurance shall not cause the extension of any deadlines specified in this Agreement, and the Contractor agrees to indemnify and hold harmless the County for any and all increases in cost resulting from such delay. Contractor shall maintain the following coverage: • Commercial General Liability: Contractor's insurance policy shall cover, at a minimum, premises operations, personal injury (including death), property damage, products & completed operations, and blanket contractual liability. If coverage is provided on a Claims Made basis, Contractor's policy must provide for claims filed during the term of this Agreement,and for twelve(12)months after its termination or expiration. Contractor's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The minimum limits acceptable are: $300,000 Combined Single Limit(CSL) • Worker's Compensation: Contractor's insurance policy shall reflect coverage and limits sufficient to meet requirements of Chapter 440, Florida Statutes. • Employer's Liability: In addition to any Worker's Compensation insurance required by this Agreement, Contractor shall maintain Employer Liability insurance. The minimum acceptable limits of liability are S100,000 bodily injury by Accident; S100,000 bodily injury by disease per Employee; $100,000 bodily injury by disease Aggregate. 5 Business Auto Liability: Contractor's insurance policy shall provide coverage for all owned,non-owned, and hired vehicles used in the performance of work under this Agreement. Contractor's policy shall be endorsed to name Monroe County Board of County Commissioners as Additional Insured. The minimum acceptable limit is: $300,000 Combined Single Limit (CSL). If Split Limits are provided, the minimum acceptable limits are: $200,000 per person; $300,000 per Occurrence; $100,000 Property Damage. Prior to commencement of work under this Agreement, Contractor shall provide to the County Risk Manager satisfactory evidence of the required insurance,which may be a Certificate of Insurance or a copy of the insurance policy. The County reserves the right to request a certified copy of the Contractor's insurance policy. Any deviation from the insurance requirements specified herein must be approved by the County's Risk Manager on an approved Insurance Waiver Form. Insurance Waivers may be requested from the Risk Management Department: Tel: (305) 292-3470; Email: risk—management aymonroecounty-fl.gov. COUNTY FORMS: By signing this Agreement, the Contractor has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Vendor Certification Regarding Scrutinized Companies List and Affidavit Attesting to Noncoercive Conduct for Labor or Services as set forth in more detail in this Agreement. PUBLIC ENTITY CRIME STATEMENT: The Contractor certifies and agrees that neither the Contractor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 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. 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 contracts 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 perform work as a contractor, supplier, or subcontractor 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 36 months from the date of being placed on the convicted vendor list. By signing this Agreement,the 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 the County's competitive procurement activities. In addition to the foregoing, the 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 formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. The 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. 6 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. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS: The Contractor agrees and certifies compliance with the following: Section 287.135,Florida Statutes prohibits a Contractor 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 Contractor is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 21 5.4725,Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a Contractor from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of S 1,000,000 or more, if the Contractor/company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Lists which were created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria and is not on the State Board of Administration's "Scrutinized List of Prohibited Companies" available under the quarterly reports section at https://www.sbafla.com/reporting//. As the person authorized to sign on behalf of Contractor,I hereby certify that the Contractor identified above 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 List,or engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the Contractor 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 Contractor 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 List or been engaged in business operations in Cuba or Syria or on the Scrutinized List of Prohibited Companies. Note: The List are available at the following Department of Management Services Site: hiip://www.dms.myflorida.com/business_operations/state purchasin vendor information/convicte d u .pc r do dJs..cl rrnm. .tcti;r prints vc;r dor Diets NON-COLLUSION AFFIDAVIT: The Contractor,by signing this Agreement, according to law on my oath, and under penalty of perjury, deposes and says that the person signing on behalf of the firm of the Contractor or the bidder making the Proposal for the project described in the Scope of Work has executed the said proposal with full authority to do so and the prices in this bid 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 bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person,partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition. 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 affidavit in awarding contracts for said project. 7 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES:The Contractor is required to provide an affidavit under penalty of perjury attesting that the Contractor 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 threatening 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 of the 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 threatening 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 the Contractor, I certify under penalties of perjury that the Contractor does not use coercion for labor or services in accordance with Section 787.06. Additionally, the Contractor has reviewed Section 787.06,Florida Statutes, and agrees to abide by same. Christine Digitally signed by Christine Hurley COM,ct Hurley Date:2026.03.09 16:03:26-04'00' Signature MONROE COUNTY ATTORNEYS OFFCE APPROVED AS TO FORAM President Commercial Title 35t8TANTGO t1NETV ATTORNEY March 3, 2026 DATE: 1 Q3 2026 Date 8 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU U Ir' e IllJlui�����U„Il�lllllli�� Solicitation Number: 061323 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Tarkett USA Inc., 30000 Aurora Road, Solon, OH 44139 (Supplier). 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 entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Flooring Materials with Related 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 EXTENSION. 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 expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES Rev. 3/2022 1 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 which they are intended. Supplier's dealers and distributors must agree to assist 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 Sourcewell a current means to validate or authenticate Supplier'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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 and Products that are acceptable to the Participating Entity. Supplier must 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 anytime 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 electronically 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU • Identify the applicable Sourcewell 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 • Include a complete 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. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and 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, interlocal, 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 any 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 Sourcewell. 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. Supplier's employees 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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/PARTICIPATING 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 REQUIREMENTS. 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. Sourcewell, 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, immediately 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 2. 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 will be determined by the Participating Entity making the purchase. Rev. 3/2022 5 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. 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 Sourcewell 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 (i.e., 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 Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Products provided to Rev. 3/2022 6 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 Sourcewell 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 Sourcewell under this Contract. Notwithstanding anything to the contrary, Supplier must pay Sourcewell 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 Sourcewell 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, Sourcewell reserves the right to cancel this Contract and reject any proposal 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 Sourcewell in writing. 10. 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 7 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably 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. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any 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 Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell 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 Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell Rev. 3/2022 8 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU under this Contract and as it applies 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 materials 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. 2. 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 granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use, Quality Control. 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, websites, and the like bearing the other party's name or logo (excepting Sourcewell'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 Sourcewell's written 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 releases, 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, publications, or services provided resulting from this Contract. Rev. 3/2022 9 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell 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 proceedings 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 MAJEURE 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. SEVERABILITY 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 dispute 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 Supplier 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU work, the Supplier will bear any additional costs incurred by Sourcewell 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 default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming 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 insurance company(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 $500,000 policy limit for bodily injury by disease $500,000 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 than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits 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: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. 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 on 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 computer 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 default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell 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 Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, 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 Sourcewell, 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 policy 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 insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all 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 subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this 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. All Equipment, Products, or Services provided under this Contract must comply fully with 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, state/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 Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell 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. 3/2022 13 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it 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-UNITED 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 clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 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 laborers 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 must 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 awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public 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$100,000 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 materials 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 an award for all contracts by Sourcewell 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 THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 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 applicable requirements as referenced above. Rev. 3/2022 15 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System 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 excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 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 AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay 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 any lobbying with 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 REQUIREMENTS. To the extent applicable, Supplier must comply with 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 American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.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 making audits, examinations, excerpts, and transcriptions. The Rev. 3/2022 16 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU right also includes 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. § 200.322). 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 quantity 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 SEAL(S), LOGOS, AND FLAGS. The Supplier 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 any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False 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 certifies 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 OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). 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, must 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 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 061323-TFU 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 applicable 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 C.F.R. § 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 Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Tarkett USA Inc. DocuSigned by: DocuSigned by: ,�WUM� S(6AYfAj Iusf� 36o u, By: COFD2A139D06489 By: 430710BA27F44AD . Jeremy Schwartz 7 Rusty Joyce Title: Chief Procurement Officer Title: President-Commercial 8/10/2023 1 3:24 PM CDT 8/10/2023 1 12:40 PM PDT Date: Date: Approved: 'DOCUSSAigned bAy':I I{1-'� By: E 48BAF7180894454... Chad Coauette Title: Executive Director/CEO 8/11/2023 1 8:04 AM CDT Date: Rev. 3/2022 18 DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 RFP 061323 - Flooring Materials, with Related Supplies and Services Vendor Details Company Name: Tarkett USA Inc. 30000 Aurora Rd Address: Solon, Georgia 44139 Contact: John Sumlin Email: John.Sumlin@tarkett.com Phone: 706-281-2791 Fax: 706-259-2657 HST#: 63-1185575 Submission Details Created On: Tuesday April 25,2023 08:06:51 Submitted On: Tuesday June 13,2023 12:26:11 Submitted By: John Sumlin Email: John.Sumiin@tarkett.com Transaction#: 743e79e7-dff6-459e-805e-c0a59b52afef Submitter's I Address: 104.129.207.98 Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 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 "N/A" if the question does not apply to you (preferably with an explanation). Line Question Response* Item 1 Proposer Legal Name (one legal entity only): Tarkett USA Inc. (In the event of award, will execute the resulting contract as "Supplier") 2 Identify all subsidiary entities of the Proposer Johnsonite by Tarkett whose equipment, products, or services are included in the Proposal. 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 1 or Line 2 above. 4 Provide your CAGE code or Unique Entity QJQCMQY6HRF5 Identifier (SAM): 5 Proposer Physical Address: 30000 Aurora Road Solon OH 44139 6 Proposer website address (or addresses): www.tarkett.com 7 Proposer's Authorized Representative (name, Rusty Joyce, President-Commercial title, address, email address & phone) (The 30000 Aurora Road, Solon OH 44139 representative must have authority to sign Rusty.Joyce@tarkett.com the "Proposer's Assurance of Compliance" on 706-281-2730 behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 8 Proposer's primary contact for this proposal John Sumlin, VP Strategic Accounts, Education (name, title, address, email 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.collins@tarkett.com 706-281-2730 Table 2A: Depth and Breadth of Offered Equipment Products and Services Line Question Response Item 10 Provide a detailed description of the The Tarkett family has grown strategically through the years to provide the industry's products, and services that you are offering most comprehensive portfolio of sustainable flooring solutions, Service solutions in your proposal. including cutting-edge design and technologies from Johnsonite and formerly Tandus Centiva. All the same great flooring and accessories you've trusted for years, now offered within the Tarkett Solution SPECtrumTM. Modular Carpet Tiles & Planks 2424, 18x36, 9x36 sizes PVC Free + Cushion Backed Options Ethos@ Modular Backing with Omni-Coat TechnologyTM PVC Free, Silver C 2C, eliminates pH, RH and MVER testing. Flex-Aire TM 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 Desking Solution Powerbond@ A 6'0" W 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@ 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 Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 relative humidity (RH) testing is needed, reducing install costs and time. Powerbond is impermeable to moisture; welded seams create wall-to-wall moisture barrier. Broadloom Tarkett manufactures award-winning designed broadloom and a reputation for superior quality. Our tufted broadloom epitomizes sophisticated design and work in tandem with all Tarkett soft and hard surface platforms offering solutions for Workplace, Senior Living, Healthcare, Hospitality and Education. Multiple backings support performance, budget and acoustic requirements. Woven Tarkett's wovens represent the ultimate in luxury and performance. Drawing on weaving techniques handed down through centuries, our design team's contemporary approach to woven broadloom offers an elegant, high end aesthetic in a vast range of designs and colorways for the fractional luxury component in any commercial environment. Luxury Vinyl Tiles & Planks (LVT) Tarkett LVT offers a wide range of sizes, shapes, textures and patterns designed to withstands heavy traffic, with extra resistance to scuffs, scratches and stains. Our patented TechtonicTm advanced polyurethane technology is a massive shift forward in performance for hard surface floors. Techtonic offers 40% better scratch resistance, 18% better abrasion resistance and 50+ million square feet delivered without a claim 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, helping create quieter, more productive workspaces. Install Even Plane alongside carpet tile— without transition strips— for additional comfort and delineation of space. With a 32- mil wear layer and state-of-the-art Techtonic® protection, Even Plane raises the grade on performance, while keeping your feet on even ground. Adaptt LVT with SureSetTM technology is designed to drastically reduce the time and expense of your next floor installation. A unique 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 site. 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 flooring combines a broad portfolio of patterns and colorways with high performance for schools, hospitals and other high traffic areas. From heterogeneous sheet composed of several layers, including a printed 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 environment. Linoleum 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 linoleum is made from 94% natural raw materials (linseed oil, wood and cork flour, and resins) and is treated with our unique xf1surface protection for durability, easy cleaning and cost- effective maintenance. Tarkett linoleum is the world's first to be certified Cradle to Cradle. Rubber Flooring Tarkett rubber flooring offers the largest collection of colors, patterns and textures in the industry. Naturally slip resistant, shock absorbing and underfoot comfort, Tarkett Rubber flooring is perfect for environments that require high performance, durability and acoustic enhancement. Tarkett Rubber has endless custom capabilities, perfect for branding and way finding. Composition Tile Composition tiles provide economic value and a multitude of patterns, colorways and quality options to optimize performance across a number of high traffic installation areas. Composite tiles are budget friendly and withstand heavy foot and rolling 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 static dissipative and static conductive flooring solutions engineered to keep sensitive environments such computer rooms, data centers, laboratories, clean rooms and ESD-sensitive areas in hospitals and the electronics and equipment they house safe. Our SDT solutions cover a range of product categories designed to coordinate with colorways and products with in the Tarkett Solution SPECtrumTM Sports I Multi Function Flooring From multi-use gym flooring to competitive basketball courts and yoga studios, sports surfaces need to be adapted to different activities and levels of competition. With every sports flooring solution, we provide the knowledge and expertise to make each project a success. Specialty Applications There are often special spaces within a commercial Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 environment that need unique flooring solutions to optimize performance or contribute to safety. Tarkett offers solutions for Acoustics JEnhanced slip resistance Resistance to oil and grease I Electrical resistance and static dissipation] Safe egress I Tarkett's portfolio of specialty flooring coordinates with all Tarkett products. Wall Base That detail between the wall and the floor that brings the whole space together. Our portfolio of options is the strongest in the industry. Tarkett offers more profiles, colors and finishes to compliment your interior space than any other flooring manufacturer. Our wall base product lines are designed to perform, contribute to safety and reduce install schedules. If an architectural/wood detail is desired Tarkett Millwork® is a perfect solution, eliminating variable fabrication costs and assuring reduced maintenance costs. Millwork® Masquerade offers endless custom capabilities to match finishes or unique, branded design. Stairwell Management Proper stairwell management minimizes risk by balancing safety and performance, leading to a measurable long- term return. Our integrated stairwell management system includes rubber and vinyl treads, nosing and accessories that enhance the flow of a space, allowing people to move safely and comfortably. Available in a broad array of profiles, textures, patterns and colors to compliment interior finishes and architectural details. Finishing Accessories In high-performance environments, every element works together to create synergy. Interior designs must meet the recommendations of the Americans with Disabilities Act (ADA). To help, we offer an entire family of finishing accessories that will comply with regulations while complementing the existing finish elements. Installations Accessories From Tarkett TAPE TM for floating, configurable modular carpet installations to RoIISmartTM, an easy-to-apply LVT adhesive that facilitates faster installation, we measure the total cost of installation and ownership and to improve productivity and reduce cost. Turnkey Installation Services SourceOne® Services channels all 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 manufacturing, Flexible, preferred flooring procurement, furniture lift, delivery and installation, existing flooring recycling, maintenance training, long-term onsite support, ImaginationSTM Custom Design Logo and inset Floor Program We have attached a product brochure as well, or you can access via: https://tarkett- my.sharepoint.com/:b:/p/John_sumlin/ESBUxO5STBFHsKw77sMiwrABwY4PvTgeBppcM8g Xt3JMRw?e=bORzKc 11 What levels of service (material only, turnkey, Tarkett is proposing: 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 detail the following elements MWBE designations to help with participating agency needs for MWBE set side (Lines #14-16) of installation services. dollars and local business investment. Tarkett also created the first manufacturer lead installation services group in the industry. Blockbuster Video came to us in late 1980s seeking a multi-site solution that allowed them to use our Powerbond 6' carpet product with installation services with one point of contact, combined material and labor warranties, and multi-site project management. Our Source One services was then created and has grown substantially. The industry has followed, and most major mills now offer a "Source One" like turnkey service solution. 14 How does the Participating Entity select an Tarkett supports the participating agencies willingness and desire to support any of installer? our install options covered in our answer to question 13. If a preferred dealer is not currently "approved" Tarkett can evaluate and add dealers to our network to support participating agencies. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 15 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 installers and maintenance providers on a jurisdictions where work is performed? regular basis across all our segments (Workplace, Health Care, Hospitality, Retail, ED/GOV 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 Tarkett's 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 partner's first job with us. This allows us to personally 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 U.S. States as required. 16 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 provided in the upload section. to use? If so, please upload a copy with response. Table 2B: 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 in the text box provided, as necessary. Line Item Category or Type Offered Comments 17 Resilient r Yes r` No 18 Ceramic r: Yes Ceramic options will be made available r No on a case-by-case basis as a Furnish and Install (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 (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. 20 Wood r Yes r: No 21 Hardwood r Yes r No 22 Laminate f•Yes r No 23 Rubber r: Yes r No Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 24 Vinyl r: Yes r No 25 Broadloom Yes No 26 Carpet Tile r: Yes r" No 27 Epoxy r: Yes Epoxy options will be made available on r No a case-by-case basis as a Furnish and Install (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. 28 Flooring hybrids r: Yes r No 29 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 flooring materials complementary to the offering above (Lines #17 - 30) 32 Services related 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 cleaning of flooring materials complementary to the It is highly important to include floor care offering above (Lines #17 - 30) into a flooring project and a flooring contract. Appropriate floorcare 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 replacements. 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 Line The Pricing Offered in this Proposal is:* Comments Item 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 during the term of an awarded Contract as described in the RFP,the template Contract, and the Sourcewell Price and Product Change Request Form. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Item Question Response 34 Describe your pricing model (e.g., line-item discounts or Tarkett's pricing model is a line item discount off the market list product-category discounts). Provide detailed pricing data price. The discounts range varies by product line with the greatest (including standard or list pricing and the Sourcewell discounts offered on product solutions in greatest demand. Our discounted price) on all of the items that you want product catalog shows the product/style name, list price, discount off Sourcewell 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 smallest need (i.e. one carton) up to large Upload your pricing materials (if applicable) in the renovation projects. Tarkett will treat each project independently and document upload section of your response. consider market conditions, volume, project scope to offer best value pricing on every job. We are a quality material manufacturer that specializes in suppling commercial grade materials. We are ideally suited for the participating agency members at Sourcewell. Our labor price list offer an extensive selection of services. To cover all areas with varying economic trends, we provide a Not-to- Exceed Price for each service in a format including 7 specific regions of the U.S. (identified by states included in each). This price list will allow an entity to budget a project, knowing it will not exceed the price in their region. The labor schedule allows for standard rates as well as prevailing wage. 35 If Proposer is including installation services within its Our extensive list of services allows our approved flooring proposal, please describe how installation services will be contractors and our in house installation group (Source One) to priced, including applicable labor rates that may apply. How break any project down item by item for a comprehensive proposal will Proposer address any prevailing wage requirements of showing products and installation. Our Labor Price List includes Participating Entities? Prevailing Wage pricing for every service in every region Sourcewell Serves., Our approved flooring contractors and Source One installation Partners are highly trained managing this type of project. 36 Quantify the pricing discount represented by the pricing Tarkett is providing a discount off list pricing. Percentage discounts proposal in this response. For example, if the pricing in vary depending on product platform 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. Modular Tile: 28 to 52% Powerbond: 29 to 57% Luxury Vinyl Tile: 27 to 51% Resilient (including but not limited to sheet vinyl, rubber, wall base): 20% Broadloom/Woven: 23 to 49% 37 Describe any quantity or volume 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, job location and other market factors that will offer further savings. 38 Propose a method of facilitating "sourced" products or Tarkett has the most comprehensive commercial flooring product line related services, which may 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 install allowance. This permits a participating agency may supply such items "at cost" or "at cost plus a member to complete a flooring project with materials we may not percentage," or you may supply a quote for each such manufacturer but are needed to complete the project. We do not request. include every flooring option, but a majority of what a participating agency member needs to complete a flooring project are included. 39 Identify any element of the total 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 project. In some cases, orders may be subject This includes all additional charges associated with a to a roll cut 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 applicable. delivery inspection, installation, set up, mandatory training, For Source One Turnkey service proposals we will include all or initial inspection. Identify any parties that impose such services necessary for a project based on a site visit performed by costs and their relationship to the Proposer. our installer. We work diligently to avoid any need for Change Orders, although they sometimes come up unexpectedly during a project (for example: upon Removal of existing floorcovering, a need for extensive Floor Prep may be identified due to a problem that was not originally visible). Each proposal will also include a list of exclusions for the customer's convenience. The customer will see a full cost of each project on their proposal, including freight, sales tax, and even the California Assessment Fee for jobs in that state. 40 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 in detail the deliver its products. Product pricing does not include freight and will complete freight, shipping, and delivery program. be prepaid and added as a separate line item on the invoice. 41 Specifically describe freight, shipping, and delivery terms or Tarkett USA Inc. uses independent, third-party, freight carriers to 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 Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 42 Describe any unique distribution and/or delivery methods or The approved dealer partners servicing Sourcewell members and options offered in your proposal. their local markets have access to Tarkett and Johnsonite resilient inventory maintained by over 275 Tarkett distribution partners across the country, in addition to the stock at Tarkett warehouses. This supports faster delivery for many products and reduces lead times. Tarkett distributors receive shipments at least weekly to replenish stocked items as well as those needed on a project basis. This distribution network offers End Users some freight costs savings due to scheduled pool truck delvers that create economies by pooling shipments and maximizing freight discounts. Tarkett has perfected this delivery system. Table 5: Payment Terms and Financing Options Line Question Response* Item 43 Describe your payment terms and accepted payment Tarkett accepts the payment methods below: methods. - Wire - 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 Bill Trust account. There are no service fees for any payments, however, there is a $25,000.00 limit on payments by credit card. 44 Describe any leasing or financing options available for use Tarkett does not offer any leasing or financing options to educational by educational or governmental entities. or governmental entities 45 Describe any standard transaction documents that you We have uploaded our standard terms in the document section. propose to use in connection with an awarded contract The document further defines area like: (order forms, 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 *Custom Products response. *Asbestos Abatement *Floor Preparation *Labor Exclusions *Lead times *Returns/Cancellations 46 Do you accept the P-card procurement and payment P Cards are accepted via online Bill Trust. This option does process? If so, is there any additional cost to Sourcewell require members to register for a no cost Bill Trust account. There participating entities for using this process? is no additional service fee to pay with this option. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Table 6: Audit and Administrative Fee Line Question Response* Item 47 Specifically describe any self-audit process or program that you Tarkett has a dedicated Alliance Number that is used in plan to employ to verify compliance with your proposed Contract tracking all sales to Sourcewell members. We communicate with Sourcewell. This process includes ensuring that Sourcewell this number to members and dealer partners and it ensures participating entities obtain the proper pricing, that the Vendor that not only proper pricing is given to members but also reports all sales under the Contract each quarter, and that the tracks all sales for reporting and payment of the CAF fee. Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Tarkett's local account representatives will also randomly Sourcewell as described in the Contract template. audit the installing contractors that buy flooring and provide service to the Sourcewell member to ensure contract compliance and understanding. The Sourcewell member must make it dear that they have the "desire and ability" 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 proposals 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 will pay to Tarkett USA Inc. will offer Sourcewell a 2% contract Sourcewell for facilitating, managing, and promoting the Sourcewell administrative fee (CAF) payable on net agreement 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 agreement 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. Member's cost of goods. (See the RFP and template Contract for Participating Entities (i.e., States or other participating additional details.) agencies) that sign a participating addendum to the Tarkett Sourcewell contract may demand their own administrative fee from Tarkett in addition to the Sourcewell CAF. In the event that a participating entity demands a CAF from Tarkett, Tarkett will pay a maximum of 2% in CAF total between Sourcewell and the participating entity. Table 7: Company Information and Financial Strength Line Question Response* Item 50 Provide a brief history of your company, Tarkett's leadership position in the flooring industry is the result of 140 years of including your company's core values, experience, and builds on the talent, values and commitment of generations of business philosophy, and industry longevity entrepreneurs. Tarkett, originally known as Allibert & Sommer, our heritage of related to the requested equipment, products performance and innovation began in Paris in the late 1800s. Through our or services. acquisitions of Johnsonite, Tandus Centiva and Lexmark, we've brought a complete portfolio under the Tarkett name that meets the needs of any market segment, including Hospitality, Workplace, Education, Government, Healthcare, Retail, Multi- Family and Residential. With Tarkett, you can easily select a flooring platform for the specific needs of every space—and design with materials that don't just look beautiful, but function well. Our full palette of colors, patterns and textures is coordinated to work together visually across platforms, letting you easily carry a design aesthetic throughout an entire floorplan. While our methods have evolved, our process still begins with careful consideration of the goals held by those who live, work, and play on our surfaces each day. Taken together, we call our mixture of craft, science, and purpose Tarkett Human- Conscious 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) Remaining with you, every step of the way Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 51 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 leadership we currently provide Sourcewell and Sourcewell participating agencies. We also expect to continue to collaborate with Sourcewell for marketing and trade shows as well as attend Sourcewell events like Sourcewell University and H2O Supplier Forum. Continuing these will further grow our partnership and will enhance the participating agencies experience using Sourcewell and Tarkett. Tarkett has continued to work with and collaborate with the Sourcewell 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 examples of our thought 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 COVID was just the tip of the iceberg. The real emphasis was how we use what we learned and move into a collaborative 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 major 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 but 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 values in space, better Indoor Air Quality (IAQ) 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. This has led to discussions and an opportunity to create High Performance product offerings to K12 schools that can use best in class procurement sourcing (Sourcewell) and CHPS K12 building rating system for high 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, Sourcewell and Tarkett). The award of this RFP will continue to grow these relationships 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 Centiva at that time) introduced and drove this endorsement with CASBO. Tarkett's longstanding relationships at CASBO brought this idea forward and help execute this endorsement. Sourcewell is now the Department of General Services (DGS) CMAS (California Multiple Award Schedule) contract. Tarkett and Sourcewell has benefited due to this work. The NJPA press release is attached for reference. We hope to continue our long 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 qualified to continue to grow Sourcewell and strategic sourcing. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 52 Demonstrate your financial strength and To demonstrate our financial strength and stability, we have attached our financial stability with meaningful data. This could statements. Our Net sales for 2022 was 3,358.9 (million Euros) and for 2021 was include such items 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 triangulated and is only an estimate. Carpet Roll 10+ % Carpet Tile 10+% Heterogeneous Sheet Vinyl 5% Homogeneous Sheet Vinyl 15% Linoleum 10% LVT (Luxury Vinyl Tile) 10+% Rubber 7% VCT (Vinyl Composition Tile) 12+% Wall 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+% Heterogeneous Sheet Vinyl 19% Homogeneous Sheet Vinyl 58% 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 distributor/dealer/reseller, services and a maintenance leader with our alliances in floorcare. or a service provider? Answer whichever Tarkett has a direct sales force of over 180 + employee salespeople in North question (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/dealer/reseller (or similar entity), vertical markets in our approach and strategy. We focus on Education and provide your written authorization to act as a Government as a core competency because of our unique high quality commercially distributor/dealer/reseller for the manufacturer focused line of flooring. The industry has served residential customers first and of the products proposed in 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 ED/GOV often requires. Our sales 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 patty? 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. organization during the past ten years. Table 8: Industry Recognition & Marketplace Success Line Question Response'* Item Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 58 Describe any relevant industry awards or 2023 recognition that your company has received Green Good Design Award, LinoFloor/LinoWall and Inspired Nature in the past five years. Interior Design NYCxDESIGN Award Finalist, Even Plane and iQ Granit/iQ Eminent Fishman Flooring Solutions Vendor Partner of the Year MetropolisLikes Award - Collabrative Collection 2022 Metropolis LIKES (NYCxDESIGN), Renewal Series Interior Design (NYCxDESIGN), Renewal Series Metropolis LIKES @NeoCon, Inspired Nature Spaces4Learning New Product Awards (K-12 and Higher Ed), iQ Granit/iQ Eminent Architizer A+ Product Awards Finalist, Inspired Nature Metropolis Planet Positive Award and Editor's Pick, LinoFloor/LinoWall Interior Design Best of Year Finalist, Inspired Nature and iQ Granit/iQ Eminent Good Design Award, Inspired Nature and LinoFloor/LinoWall EFA Expo's Editor's Picks, Renewal Series Starnet Design Awards—included in multiple winning projects 2021 HiP Award Finalist, Workplace: Carpet category, Meta Firma Collection Best of NeoCon Hard-Surface Flooring: Natural Materials, Color Splash Good Design Award, FlightPath & AirSpace, Tatami System 2020 EPA Encouraging Environmental Excellence Award — Middlefield facility Azure Magazine AZ Award Winner, iD Mixonomi Interior Design Best of Year Finalist, Light Shift Collection NYCxDESIGN Award Finalist, Drop Cloth 2019 ASID Design Impact Award, Garden Walk at EFA Starnet Design Awards — Part of multiple winning projects Designer Pages Spec Stars: http://media.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: iD Mixonomi HiP Awards Finalist in the Innovative Manufacturing Process category, Tatami 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 Interiors+Sources: 2019 Readers Choice Awards, iD Mixonomi Good Design Award, Tatami System and FlightPath & AirSpace Interior Design Best of Year Award, iD Mixonomi Interior Design Best of Year Finalist, Tatami System and iD Mixonomi AN Products of the Year: Honorable Mention: Tatami System in Textiles category Honorable Mention: iD Mixonomi in Finishes + Surfaces — Indoor category Architizer A+ Awards Finalist, Pentagonals Interiors + Sources Reader's Choice Best Products, iD 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 growth in these sectors for 2023 YTD. 60 What percentage of your sales are to the 25+% education sector in the past three years? Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 61 List any state, provincial, or 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 * Omnia 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 10-20% of the overall sales. 62 List any GSA contracts or Standing Offers Tarkett holds a GSA Contract GS-27F-0032, contract sales volume 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. Entity Name Entity Type* State/ Scope of Work* Size of Transactions* Dollar Volume Past Three Province* Years* Large School 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 Products utilized include 3.5 million per year 8.5 million District Powerbond carpet, LVT, resilient and eSource One Turnkey installation services. Large faith Non-Profit Utah-UT Products utilized include 3.5 million per year 8.5 million based Powerbond and modular tile organization carpet products as well as Source One Turnkey installation services. Large School Education Texas-TX Products utilized include 2.5 million per year 7 million District Resilient, Powerbond and modular tile carpet products as well 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. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Table 10: References/Testimonials Line Item 64. Supply reference information from three customers to whom you have provided equipment, products, or services similar to the solutions sought in this RFP and who are eligible to be Sourcewell participating entities. Entity Name* Contact Name* Phone Number* Sarasota County Schools, FL Don Hampton (941) 927-9000 ext 68835 Director of Facilities Don.hampton@sarasotacountyschools.net Pasco County Schools, FL Carey Llazari (727) 774-7952 Const. Services Project Coordinator cIIazari@pasco.k12.fl.us Cypress-Fairbanks ISD Roy J. Sprague, Jr., AIA, CSI, ALEP, LE Fellow (281) 897-4108 Chief Operations Officer Table 11: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell 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 party), and any overlap between the sales and service functions. Item Question Response* 65 Sales force. 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. Tarkett maintains a strong segmented sales force that allows us to speak directly to our markets. SLED (State Local & Education) market is made up of facility administration, Maintenance and operations, Design and construction, flooring contractors, distribution partners, architects/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 consultative manner. 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 Sourcewell 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. US 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 local 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: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 68 Describe 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 CustomerCareWest@tarkett.com Participating Entities. This may include a Central CustomerCareCentral@tarkett.com step by step process identifying who is East CustomerCareEast@tarkett.com responsible for meeting the needs of the Participating Entity at each stage of delivery. Each PO will require: Sourcwell Alliance Number: 168119 Product Name/Color/Amount needed Billing and Ship too Addresses The Customer Service team will confirm receipt of order request, advise of shipment date as well as provide 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 Alliance 168119. The dealer partner will ensure they understand the scope of work needed and manage all aspects of the request from start 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. Each PO will require: Sourcwell Alliance Number: 168119 Product Name/Color/Amount needed Billing and Ship too Addresses 69 Please describe the relationship between Tarkett's relationship between our Dealer Partners and Distribution Network is 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 and the environment. In the same respect, our Regional Business Managers support our distribution 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 yearly reviews are conducted to measure not only their performance and service of Tarkett products but also our level of service to them. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 70 Describe in detail the 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-time capabilities and of daily reports for orders entered. commitments, as well as any incentives Order Management — Target: Less than an Average of 1 Sales Order Line per Day that help your providers meet your stated Factored by the number of sales order lines 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 emails, 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/or 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 products 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 the 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, Hawaii, Canada, or US Territories. These areas would be negotiated labor if that is possible or we would provide 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 Line Question Response'* Item Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 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 external 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, led 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 summit 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: https://www.youtube.com/watch?v=QDA5—M558NM a. Tarkett is launching an 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 Sourcewell landing page. Our marketing automation metrics on visits and many 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 this have been very effective in the past and can live on the Sourcewell landing page. c. Salesforce Training with new award with an elite team of AEs 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, A4LE, APPA, ASBO, ACUHOi, and numerous state and local 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 like to implement some videos and featured products and sustainability initiatives. g. Key event(s) 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 and From Jan-April 2023 across all platforms (Linkedln, Facebook, Instagram, Pinterest, and digital data (e.g., social media, YouTube) we have had over 8,000 different engagements across platforms with more than metadata usage) to enhance 125,000 followers. Our main Tarkett sites have a valuable following as well as each marketing effectiveness. Account Executives reach which has a dramatic and personalized relationship impact. We are using marketing automation to track our progress. Our likes per month 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, dealer, 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 nationally and also shared on local personal targeted accounts. This post will include information and a link on the value Sourcewell brings to their members. 79 In your view, what is Sourcewell's role Sourcewell has a goal of reaching the right individuals at participating agencies with their in promoting contracts arising out of clear value proposition. Facilities departments in addition to procurement officials are key this RFP? 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. I 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 Sourcewell-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 from Tarkett leadership. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 80 Are your products or services Tarkett does have an online 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 governmental and educational Check status of your sales order customers have used it. Review order details • Access to Order Confirmations & Invoices Table 13: Value-Added Attributes Line Question Response* Item 81 Describe any product, equipment, As a Tarkett 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 time. We know time is a valuable resource, so we are happy to schedule a visit at Include details, such as whether your convenience. training is standard or optional, • Installation Summits — Tarkett Installers working who provides training, and any with field installers at every experience level costs that apply. Sheet Vinyl and Linoleum 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 5-7 years. Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 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. Powerbond Cushion RSO hybrid resilient sheet flooring (hybrid between carpet and resilient sheet flooring) has heterogeneous construction of nylon and closed-cell cushion, the tuft 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 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. Due to all these unique attributes Tarkett Powerbond@ Cushion RS flooring is CERTIFIED asthma & allergy friendly@ —the world's first soft surface flooring to receive this designation. We have provided the press release and an overview of Powerbond Cushion RS in the document upload section or you can visit the third party site directly at: https://www.allergystandards.com/news_events/tarkett-announces-that-powerbond-rs-flooring-is- certified-asth ma-all ergy-friendly/ Ethos@ Omnicoat@ modular carpet tile backing. Tarkett was the first to harness Polyvinyl Butyral (PVB) Polymer found in postconsumer windshields and safety glass over 10 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 recyclers create mountains of film found in disposed of windshields and safety glass during the glass recycling process. We use this film to make ethos@, reducing 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 Tile and Powerbond 6'): 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) repels 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 permanent stain resistant properties, Dynex SD products are treated with, Eco-EnsurerM, a fluorine-free, anti-soil chemistry, for enhanced soil protection/removal, as well as durability to foot traffic. The proprietary Eco-Ensure process/treatment 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 CertifiedTm Gold in the Material Health Category. Tarkett iQ 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 Granit and Optima with iQ construction never need wax or finish. Forever. Period. That is because iQ is not a topcoat or a wear layer. It is a proprietary technology. Also, because you never wax or finish, iQ 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 TechtonicTM is a protective polyurethane floor coating used on our LVT and is 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 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 base was developed based on a customer's challenge of the cost of keeping their wood trim repaired/painted. 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 space. Source One@ turnkey installation management program for Tarkett USA Inc. The department was created in 1991 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. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 83 Describe any "green" initiatives We are often asked to simplify our sustainability story. The truth is that making a positive or Environmental, 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 to your products working hard to make these improvements—because we value your health, and that of our or services, and include a list of environment. In our ongoing efforts to promote sustainability, achieving carbon neutrality is the certifying agency for each. just one more step toward creating a better world. Cradle to Cradle Certified TM 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 tile, Powerbond, LVT, rubber tile, homogeneous and heterogeneous vinyl sheet, and linoleum—all certified Carbonfree® by the Carbonfund 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 company 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. Our membership shows our commit to upholding all the principles on human rights, labor, environment, and anti-corruption that of which the United Nation's Global Compact stands on. 84 Describe 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 with the health and sustainability standards of Cradle to being of our members and others Cradle(D - a methodology that guides our good material choices. And even then, we're (e.g., Low VOC emissions, 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 allergen repellant materials, light ensure they measure up to our exceptionally high health and environmental standards (which reflectant). are often far higher than the recognized industry standards). Our transparency philosophy also led us to create highly detailed Environmental Product Declarations (EPD) and Material Health Statements (MHS) to share detailed information with our customers, collaborators and nOn-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 healthier spaces to live and work, that's not just talk, we mean it. In fact, by following Cradle to Cradle® principles, we have created products with healthy materials that keep VOC emissions low. In fact, our products exceed the strictest industry standards 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 certifications that further prove how we promote the health, quality of life and well-being to Sourcewell 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, labels, ratings, ESG scores or this means putting people and planet first, caring about the environment and the health of certifications that your company present and future generations incorporated by our Tarkett Human-Conscious Design® has received for the equipment or approach. products included in your It is 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 footprint 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 joining forces, we build a stronger foundation - one we can all stand firmly on, Certified, EPDs, 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.Ecomedes.com cycle design (cradle-to-cradle), or other green/sustainability factors. Cradle to Cradle Cradle to Cradle Certified® validates the ecodesign approach based on five criteria: material 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: - ethos® Modular with Omnicoat TechnologyT"' - Cradle to Cradle Silver V3.1 - LinoFloor xf2TM - Cradle to Cradle Silver v3.1 - Rubber Tile Collection — Cradle to Cradle Bronze v3.1 - Baseworks Thermoset Rubber Wallbase — Cradle to Cradle Silver v3.1 In addition to the above, many of Tarkett's adhesives + additives have earned Cradle to Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Cradle Material Health Certificates including: 100 Clear Thin Spread Adhesive 901 Spraysmart Resilient Flooring Spray Adhesive, 905 Releasable Adhesive, 925 Resilient Flooring Adhesive, 926 Rubber Sheet & Vinyl Flooring Adhesive, 959 Vinyl Tile and Plank Adhesive,960 Wall Base Adhesive, 986 Terra Turf Adhesive, C-12E Pressure Sensitive Adhesive,C-56 Premium Floor Primer, C-EX Adhesive, Greenbond B-19 Broadloom Adhesive, Rollsmart Carbon Footprint + Science Based Targets Science Based Targets: Tarkett committed in 2021 to reducing its whole value chain emissions by 30% by 2030 compared to 2019, and submitted its short-term 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 it 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 90% of Tarkett's overall GHG emissions. Tarkett has published Product Specific EPDs for the below products: - ethos® Modular with Omnicoat TechnologyTH - Powerbond - Flex-Aire - Baseworks - Rubber Tile Collection - HO Product Range - Acczent Range - Even Plane - LinoFloor XPTM 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 information, drive collaboration on sustainability 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 100 ppm - ethos® Modular with Omnicoat TechnologyTM - Baseworks - Rubber Tile Collection - HO Product Range - Acczent Range - Even Plane - LinoFloor xf2TM Declare Label: - ethos® Modular with Omnicoat TechnologyTM - LinoFloor xf2TM - Rubber Tile Collection Indoor Air Quality Since 2011, Tarkett has been a pioneer in developing flooring with low or ultra-low levels of Volatile Organic Compounds (VOC) emissions in nearly all of its product ranges. Tarkett offers products with total VOC emissions that are 10 to 100 times lower than the most stringent world standards. This effort had been recognized by several certifications:99% of Tarkett's products (globally) are tested and comply with the appropriate VOC test. The testing scopes used are: - Floorscore Certification - CRI Green Label Plus - Greenguard Asthma + Allergy Certification: Tarkett North America offers and commercial flooring solutions that have been certified asthma & allergy friendly® by AAFA (all FiberFloor@ vinyl ranges as well as other products such as iD Inspiration®, Acczent, several laminated ranges, and a soft surface flooring with Powerbond® RS). For flooring to be certified asthma & allergy friendly®, AAFA's independent third-party testing must show that the floor is 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: - iD Latitude - iQ collection - Acczent collection - Performa - Powerbond RS ReStart Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Tarkett is committed to building a circular economy, notably through the collection and recycling of used flooring and sports surfaces. ReStari@ is Tarkett's flagship program for flooring waste collection. From 2010 — 2022 Tarkett (globally) has collected 115,000 tons. 86 Please identify whether Proposer Tarkett 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 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 acquisition/ownership 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 use/life. Powerbond - a hybrid resilient sheet flooring is a closed-cell cushion backing that is inseparable (cannot delaminate 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 condition. 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 tell 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 world's 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 workspaces. The BrillianceSM Digital Color System from Tarkett is about so much more than color. It's about working more efficiently. Getting more done in the hours we have. Feel more confident in our material selections—all 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 samples—all in one virtual place. By getting the right color match every time, 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 flooring products, wall base, stairwell management and finishing accessories. When you don't see the exact color you need, create it. Tarkett's custom coloring 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, Johnsonite's stairwell management system helps 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. IMAGINATIONS/FLOOR ART may include but are not limited to logos, mascots, or images that are unique or repeated designs (animals, stars, flowers, etc.). Tarkett 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 line 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 design vision a reality. Tarkett's YouTube channel (https://www.youtube.com/@TarkettContract) provides members with helpful videos on areas like customer testimonials, 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, iQ offers outstanding performance and the industry's lowest life cycle costs. In addition to extreme resistance to wear, stains, and abrasions in high-traffic areas; Tarkett's Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 proprietary iQ technology eliminates the need for refinishing over the life of the floor; 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 anti-slip are also available. TechtonicTm Tarkett TechtonicTM 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 stains—defending both your floors, and your peace of mind. Tarkett's vision is to continue to grow relationships that foster strategic sourcing and Sourcewell. We believe this makes us uniquely qualified to continue to grow Sourcewell and strategic sourcing. These are 3 examples of our thought 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 COVID was just the tip of the iceberg. The real emphasis was how we use what we learned and move into a collaborative 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 major 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 but 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 values in space, better Indoor Air Quality (IAQ) 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. This has led to discussions and an opportunity to create High Performance product offerings to K12 schools that can use best in class procurement sourcing (Sourcewell) and CHPS K12 building rating system for high 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, Sourcewell and Tarkett). The award of this RFP will continue to grow these relationships 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 Centiva at that time) introduced and drove this endorsement with CASBO. Tarkett's longstanding relationships at CASBO brought this idea forward and help execute this endorsement. Sourcewell is now the Department of General Services (DGS) CMAS (California Multiple Award Schedule) contract. Tarkett and Sourcewell has benefited due to this work. The NJPA press release is attached for reference. We hope to continue our long and strong partnerships into the future. Table 14A: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure.You may upload representative samples of your warranty materials (if applicable) in the document Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 upload section of your response in addition to responding to the questions below. Line Question Response* Item 88 Do your warranties cover all products, parts, and Yes, Tarkett products have varying commercial warranty time frames. labor? *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 tile and planks — we offer a range of LVT lines that offer various warranties including 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 10 year warranty *Rubber Products- 5 years *Wall base and accessories — 2 years *Labor provided by Source One Turnkey — 3 years You can search the full warranty details at https://commercial.tarkett.com/resou rce-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 Tarkett 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 full warranty details at https://commercial.tarkett.com/resou rce-center/specifications-warranties 90 Do your warranties cover the expense of Yes, products must have been properly installed in accordance with Tarkett's technicians' travel time and mileage to perform published guideline and Tarkett adhesives must be used. warranty repairs? 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 details at https://commercial.tarkett.com/resou rce-center/specifications-warranties 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 Sourcewell 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. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 93 What are your proposed exchange and return Soft Surface Products: programs and policies? *Customer 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. *Material 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, Adaptt 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: •Customer 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. *Material 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. NOTE: 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 Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Table 148: 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 representative samples of your performance materials (if applicable)in the document upload section of your response in addition to responding to the questions below. Line Question Response Item 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 ASTM 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. And 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 in a timely 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 job 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 standards 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 programs, 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 find 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 had for Source One in 2023 (Jan- May), with a response rate of 22% (national average is 12.4%) and an NPS score of 96 (national average ranges from 25 to 40). Exceptions to Terms, Conditions, or Specifications Form Only those IRroposeir Exceptions to Terms, Conditions,or Specifications that have Ibeeini accepted by Sourcewell have been incorporated iinrto the contract 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 Sourcewell. 3. Sourcewell may reject any response where any document(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 zipped 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 Plan category save the document as"Marketing Plan." Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. 000uoign Envelope ID: aoso41zo-6pAo-4001-9osnoanaea1za000 * Pribcinq'Tark»#Gourcowo| Catalog for RFP0O1323.pdf' Tuesday June 13. 2O2312:18:5O * Financial Strength and Stability'Table 7_52. Tarko�Financial a��ment4df' Fhday June O9. 2O231O:3S:54 * 'K4a�e�ngGam�oo.zip' Monday June 12. 2O2312:34:16 * VVK4BE/MBE/SBEorRelated Certificates (optional) * Warranty Information 'Tab|o 14a VVamanty.zip' Friday June 08. 2023 15:10:45 * Standard Transaction DocumenLSamples'Standard dooumento.zip'Friday June U9. 2O2315:45:5O * Reauested ExceDtions'Table 15_97 Terms ned|inao.doox' Friday June U9. 2O231U:41:13 * Upload Additional Document'Additiona| Dooumontezip' Monday June 12, 2023 08:02:30 Bid Number: RFP881323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in 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. 3. 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 under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly 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 trade or competitiveness in 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 could 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. 5. 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 solicitation. 6. 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. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. 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 Sourcewell Members under an awarded Contract. 9. The Proposer will 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, subdivision 4, all 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 Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the"Specially Designated Nationals and Blocked Persons"list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasuryaov/ofac/downloads/sdniist.pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.aov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. DocuSign Envelope ID: BDEC4126-6FAC-46D1-9053-DBOB9B12BOC8 by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. ry By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this 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 enforceability 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 contemplated in the bid. r- Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and pages attachments(if applicable) Addendum_7_RFP_061323_Flooring 1 Fri June 2 2023 03:02 PM Addend um_6_RFP 061323_Flooring Tue May 30 2023 03:03 PM 1 Addend um_5_RFP_061323_Flooring 1 Tue May 23 2023 03:08 PM Addend um_4_RFP 061323_Flooring 2 Thu May 18 2023 01:36 PM Addendum_3_RFP_061323_Flooring 1 Wed May 17 2023 04:25 PM Addend um_2_RFP 061323_Flooring 1 Tue May 16 2023 03:20 PM Addend um_1_RFP_061323_Flooring P 1 Tue May 9 2023 09:07 AM Bid Number: RFP 061323 Vendor Name: Tarkett USA Inc. "��,jk¢4ME W�. 0 Y Soumewell RFP #061323 REQUEST FOR PROPOSALS for Flooring Materials with Related Supplies and Services Proposal Due Date: June 13, 2023, 4:30 p.m., Central Time 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. 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 [https://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. SOLICITATION SCHEDULE Public Notice of RFP Published: April 25, 2023 Pre-proposal Conference: May 17, 2023, 10:00 a.m., Central Time 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#061323 Flooring Materials with Related Supplies and Services Page 1 I. ABOUT SOURCEWELL A. SOURCEWELL 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 facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell's solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell's Participating Entities procure equipment, products, and services. Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell 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 suppliers' potential pool of end users. Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. USE 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; • Tribal government entities; • Some nonprofit entities; and • Other public entities. In Canada, Sourcewell's contracts are available for use by: • Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • 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 1 Pursuant to HAIR§3-128-2,the State of Hawaii, Department of Accounting and General Services,State Procurement Office,on behalf of the State of Hawaii and participating jurisdictions,has provided notice of its Intent to Participate in the solicitation as a participating entity. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 2 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 ownership 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 the 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, Civiclnfo 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): https://www.sourcewell-mn.gov/sourcewell-for- vendors/agency-locator. 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 Sourcewell 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 officials receive notice and are encouraged to re-post the solicitation opportunity. Proof of publication will be available at the conclusion of the solicitation process. II. 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 that are commonly desired or are required by law or industry standards. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 3 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 include, but are not limited to the following types of flooring solutions; a. Resilient; b. Ceramic; c. Porcelain Tile; d. Wood; e. Hardwood; f. Laminate; g. Rubber; h. Vinyl; i. Broadloom carpet; j. Carpet Tile; k. Epoxy; I. Flooring hybrids; m. Floor mats; n. Rugs; o. 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 may include related equipment, accessories, supplies and services to the extent that these solutions are ancillary or complementary 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 include a services-only solutions. 3. 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 #031022); and, b. Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies (RFP#031622). Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 4 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 and bring to operation the equipment or products being proposed. Sourcewell prefers suppliers that provide a sole source 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 regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities. 1. 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 will 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. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational. 5. Warranty. 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 based on the best interests of Sourcewell and its Participating Entities. Sourcewell retains the right to Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 5 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 transactions from contracts resulting from this RFP are anticipated to be USD $60 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) 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. ADDITIONAL 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 proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion. 3. 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 should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell 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 subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 6. A proposer's documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell 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 III. PRICING A. REQUIREMENTS All proposed pricing must be: 1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Line-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 MSRP 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, or 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 (as applicable). 4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g.,the cost of the proposed equipment, products, 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. ADMINISTRATIVE FEES Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable 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 and 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 Minnesota law may result in the proposal being disqualified from further review and evaluation. 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: 1. 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 30 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-mandatory 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 allow potential proposers to ask questions regarding this RFP and Sourcewell'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-proposal conference attendance is optional. B. QUESTIONS 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 questions 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 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 8 C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP 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 proposal 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 Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. 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 allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues. Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell's support provider at support@ bidsandtenders.ca. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 9 To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. Within the Sourcewell 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 submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential 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 proposal 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 will be 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 Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed 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 Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 10 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 Sourcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the number 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: o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities' use; and o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social 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 proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell 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 50 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 Box 219, Staples, MN 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 Sourcewell's notice of contract award(s) or non-award. and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. 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 original 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. D. RIGHTS RESERVED This RFP 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 an attribute or condition stated by the proposer may be rejected. Sourcewell reserves the right to: • Modify or cancel this RFP at any time; • Reject any and all proposals received; • Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, 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 any 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 • 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 and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer's responsibility to clearly 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 substantially or in their entirety. Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. Rev. 3/2022 Sourcewell RFP#061323 Flooring Materials with Related Supplies and Services Page 13 III Sourcewell 05/09/2023 Addendum No. 1 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 14B Line Item 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 allow a proposer to describe any performance standards or guarantees associated with any services offered as part of their proposal. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/09/2023, is required at the time of proposal submittal. III Sourcewell 05/16/2023 Addendum No. 2 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: Will the pre-proposal conference be recorded? Answer 1: A copy of the presentation slides for the Sourcewell pre-proposal conference will be made available to all registered vendors after the completion of the webcast. In addition, assuming no technical difficulties, a link to a recording of the webcast will be shared and posted within the RFP's "Bid Documents" section on the Sourcewell Procurement Portal. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/16/2023, is required at the time of proposal submittal. III Sourcewell 05/17/2023 Addendum No. 3 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: Table 213: 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 Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 05/17/2023, is required at the time of proposal submittal. III Sourcewell 05/18/2023 Addendum No. 4 Solicitation Number: RFP 061323 Solicitation 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 PO 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. Sourcewell 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 look like. Answer 2: Refer to RFP Section II. F. — Marketing Plan for guidance on the marketing plan requirements. Each proposer, 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? Answer 3: A CAGE or Unique Entity Identifier (SAM) code is not required to be considered for or awarded a Sourcewell contract. Proposals are evaluated 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 061323 posted to the Sourcewell Procurement Portal on 05/18/2023, is required at the time of proposal submittal. 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 an award, what are you really referring to? Answer 1: In the competitive process, Sourcewell 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 061323 posted to the Sourcewell Procurement Portal on 05/23/2023, is required at the time of proposal submittal. .Sourcewell U�� �PIiNi� 05/30/2023 Addendum No. 6 Solicitation Number: RFP 061323 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 Addendum: 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 pm to 12:00am (EST). The remainder of the RFP content and the solicitation schedule remains 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. Sourcewell U�� jPI�Ni�N° 06/02/2023 Addendum No. 7 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: Item 97: To identify any exception, or to request any modification, to Sourcewell 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 Sourcewell 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 the Bid Details page of the Sourcewell Procurement portal. The Contract Template contains the standard contract terms and conditions. End of Addendum Acknowledgement of this Addendum to RFP 061323 posted to the Sourcewell Procurement Portal on 06/02/2023, is required at the time of proposal submittal. The This document printed New York State Tuesday, 04/25/2023 M Contract Reporter NYS'official source of contracting opportunities Bringing business and government together ContractingOpportunity 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: 04/25/2023 Due Date/Time: 06/13/2023 4:30 PM Central Time County(ies): All NYS counties Classification: Construction Vertical: Building Construction; Rehabilitation & New Construction - Commodities Opportunity Type: General Entered By: Tara Wolff 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. 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 [https://proportal .sourcewell-mn.9-ov]. 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. 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, LLC 1 of 5 Mannington Mills, Inc. Mohawk Carpet Distribution, Inc. Shaw Industries, Inc. Tarkett USA, Inc. 2 of 5 Contact Information Primary contact: Sourcewell Procurement Department Tara Wolff Procurement Manager 20212th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-541-5362 rfposourcewell-mn.gov Submit to contact: Sourcewell Procurement Department Tara Wolff Procurement Manager 20212th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-541-5362 rfpo,sourcewell-mn.gov 3 of 5 Bid Results Bid Results have not been entered 4 of 5 Awards Awards have not been entered © 2023, Empire State Development http://www.esd.ny.gov/ 5 of 5 Daily Journal of Commerce 11 NE Martin Luther King Jr Blvd. E � , 0 1 , Portland, OR, 97232 DJ C o —R Phone: 503-226-1311 Fax: 503-222-5358 Affidavit of Publication To: Sourcewell - Carol Jackson Po Box 219 Staples, MN, 564790219 Re: Legal Notice 2497782 State of OR } } SS: County of Multnomah } I, Nick Bjork, being duly sworn, depose and say that I am the Publisher of the Daily 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 I 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 following issues: 04/26/2023. SEE EXHIBIT A State of Oregon County of Multnomah SIGNED OR ATTESTED BEFORE ME ON 2nd day of May 2023 By: 4�--f 6" -1 --,/\ Nick Bjork By. State of Oregon Notary Public, State of OR No. 1031542 My commission expires on December 5, 2026 OFFICIAL STAMP MICHELLE ANNE R PP �SKA E' AES DECEMBER 05,20 Page 1 of 2 EXHIBIT A SOURCIEWELL FLOORING MATERIALS WITH RELATED SUPPLIES AND SERVICES Piroplo,saills,due 4,30 pm, June 13,2023 REOUEST IFOR PROPOSALS Sourcewok a State of Krinesata local government unit and service 000para�, l;ivo, vs requesting proposals. ,lor Floor- irig Materials with IHelatixl Supplijeg tar'di SeNtes, to result in a ciontfacll'ung SOW- ti0r) fOl' use by its Participating Entities. Source,evoll Participalinq Entifties nnclluda thousands of g(xverni,noinial, rii�� -or , )1h, ed K-12' Oducatilon, rionprofl, trillml government, and cytheir lliUbk agenci,es located in the United States and Canada. A full copy of Me Request for Proposals, ,c an bo lou nd w the Soumewoil IP roco ia. ftleint P(11081 P'i V(°t� : Canty Pir .)Osals �WIOITAttevd thFOIL,Igh the Sourcewell Procurement Porial Mil be considered. Proposallis are due no inter than June 13, 2023, at 410 p.m-C:pmral'Timie,mtO lalp,piroposals will Pijl�Ok,hi�;rj Ape. 2r�,2023, 2497782 Page 2 of 2 LOCAUG PO Box 631G43 Cincinnati, 8H45263-lG49 The Oklahoman Minnesota local govern- 5ouzrwcU ment unit and service Som,cm°d| cooperative, is requesting P0BOX 2|9 proposals for Flooring 5CAPC58MN56479 Materials with Related Supplies and Services to STATE OF OKLAH0MA, COUNTY OF DKLAHDMA result in a contracting The Oklahoman, a daily newspaper of general circulation inthe solution for use by its State of Oklahoma, and which iee daily newspaper published in Participating Entities. Oklahoma County and having paid general circulation therein; Sourcewell Participating published and personal knowledge of the facts herein state and Entities include thousands that the notice hereto annexed was Published in said newspapers of governmental, higher |n the issues dated on: education, K-12 education, 04/25/2023. 05/02/2023 ment, and other public and that the fees charged are legal. agencies located in the Sworn tn and subscribed before nnO5/02/2023 United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal Sourcewell Procurement Portal will be considered. Notai-y,State of W L County of'13rown Proposals are due no P4ycvmmixi(uexpire later than June 13, 2023, Publication Cost: $4025 at 4:30 P.m. Central Time, and late proposals Order No: 8732049 #ofCopies: Customer No: 727098 PO#: I'l ITS V�,,; N O7A N �NNVC)lC F! Please a"mu use this jo,m lrvn,mn',mnmo .0 AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 34474 411983 Print Legal Ad-IPL01194760-IPLO119476 $157.13 1 18 L Attention: Carol Jackson SOURCEWELL State of South Carolina PO BOX 219 carol.jackson@sourcewell-mn.gov County of Richland REQUEST FOR PROPOSALS Sourcewell,a State of Minnesota local gov- I,Tara Pennington,makes oath that the erFlment-unit-and-sefAce-ooepwative,-ie----------------------------------------------------- , requesting proposals for Flooring Mate-rials with Related Supplies and Ser- ddvertl$ment,was published in The State,d vices to result in a contracting solution for newspaper published in the City of Columbia, use by its Participating Entities.Sourcewell Participating Entities include thousands of State and County aforesaid,in the issue(s)of governmental, higher education, K-12 ed- ucation, nonprofit, tribal government, and other public agencies located in the United States and Canada.A full copy of the Re- 1 insertion(s)published on: quest for Proposals can be found on the Sourcewell Procurement Portal[https://pro- 04/25/23 portal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procure- ment 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. IPLO119476 Apr25 2023 Tara Pennington Sworn to and subscribed before me this 24th day of April in the year of 2023 Notary Pubic in and for the state of Texas,residing in Dallas County T1EP1 lIE1-ATCHER *a *= My Notary}10#13 5 'Exprires JRanuary 14,20.26 C Errors-the/iabi/ityofthepub/isheronaccountof errors inor omissions fromanyaduertisement wi0inno wayexceed the amountofthe charge for thespace occupiedby the Item in error,and then only for the first incorrect insertion" Extra charge for lost or duplicate affidavits. Legal document please do not destroy! 6A IIIIII TUESDAY APRIL 25, 2023 IIIIII USA TODAY New study links sugary drinks' to early death in some people Adrianna Rodriguez ories or sugars in them.It's good advice USA TODAY for everybody" Americans may want to think twice What sugary drinks about reaching for that cool glass of are bad for you? lemonade this summer after a study 24K-PRODUCTION/GETTYIMAGES published last week found sugary The report included data from 1980 to drinks may be linked to an increased 2018 and is among the first large-scale `Be picky': Replacing sugary drinl risk of heart disease and death in cer- studies to examine links between death tain people. or disease and beverages among people Researchers found replacing one serving of a sug Researchers from Harvard T.H.Chan with Type 2 diabetes,study authors say. coffee,tea, low-fat cow's milk or plain water led t School of Public Health studied more Sugar-sweetened beverages that than 12,000 participants diagnosed were reported included caffeinated and The risk associated with all-cause And with Type 2 diabetes and reported how caffeine-free colas, and non-carbonat- mortality was lower with the deat often they consumed such sugar-sweet- ed drinks like fruit punches, lemonade following drinks: lowe ened drinks as soda, fruit punch and and fruit drinks like orange, apple and 18%for coffee •20! lemonade. grapefruit,according to the study. They found people with Type 2 dia- Researchers found each serving of •16%for tea a 24! betes who regularly drank sugar-sweet- one of these drinks was associated with a 12%for low-fat cow's milk 0190 ened beverages had a higher risk of de- 8% higher risk of all-cause mortality veloping cardiovascular disease or dy- among people with Type 2 diabetes. .16%for plain water a 20`. ing prematurely compared with those The recommended daily intake of who consumed other drinks, according sugar should be no more than 10%of the "People living with diabetes should be picky abOL to the report published Thursday in the calories consumed, Nestle said, which hydrated,"said lead author Qi Sun, associated pre peer-reviewed journal The BMJ. is about 50 grams a day. nutrition and epidemiology at Harvard T.H. Chan More than 37 million Americans have "Switching from sugar-sweetened beverages to F diabetes, according to the Centers for Sugar vs.artificial sweetener health benefits." Disease Control and Prevention,and it's estimated that up to 95% of them have The study also found that switching Type 2 diabetes. out sugar-sweetened beverages with "This adds to a growing body of re- one that was artificially sweetened was both artificial and natural. Though He( search,"said Marion Nestle,an emeritus associated with an 8%lower risk of all- they're considered safe by federal regu- at US., professor of nutrition and food studies cause death and a 15% lower risk of lators, they're not necessarily consid- by age at New York University.Although"it's a death related to heart disease. Bred healthy, and the long-term effects for Et) message to people with diabetes to try But more studies have been raising of sugar substitutes are largely un- in He( to switch drinks that don't have any cal- the concern about sugar substitutes, known. does n Gene therapy "They can stop the degeneration,but choos I they cannot heal what is broken,"Feld- strate borg said of the scientists. flees f Continued from Page 1A ������ , � The couple's one regret is that they after t couldn't convince the FDA to be less Stil destroying nerve cells in the brain and %'��� cautious about the therapy. Earlier promi spinal cord. The child rapidly deterio- ff% treatment and a higher dose might "I V rates and usually dies by age 3. / //� have led to a different outcome, Feld- that o The trial, which USA TODAY wrote "„i" ,„ bor and Rokina said. The would ha to et �i,� i� �rr/� ao���' g y h- g about in 2021 as part of a series on rare //', it have faced the risk of a brain hem- feel h I '� � ', p y diseases,offered them a different vision ,��' �� g �j�, orrhage for the possibility of a better mistic of the future, even though the resultJ � �1% � ' outcome. ��" � "'�'%���,,, / "If we could have changed anything, Deriv wasn't what they dreamed of. �, r��� ,� �� / g "We are heartbroken, but also we 1,/ „ �� we would have shouted loud enough for realize within ourselves that the battle �� � ,� FDA to hear us: Ovi was lost long ago not now"Alissa's fa- % i� �, ressE ther said in a video conversation a week Risk is a necessary Hei after her funeral. "Its hard to say,but it Ur part of progress Beane was for the best for her in the end! Alissa Feldborg had a rare disease that Thoug triggered seizures and other problems. Medicine advances in fits and starts wasn't w i a r. u t i� Qw ��� U PILIIT"'II('-"�"uS(� �/� � I> CI IM, Mel p Logout Home New Bid Closed Bids My Stuff Tools -------------------------'----------------------------------------------------------------------' Bid RFP #061323 — Flooring Materials [Switch mo Vendor View ����U8 �~ � � with� ��� Related Supplies and Services � Bid Type mpP Bid Number 061323 Access 111.1ellpoirts View reports nnwho Title Flooring Materials with Related has been notified of Supplies and Services the bid or accessed it. [Notification report] Start Date Apr25, 2033 8:51:39Ax4 CDT [Accessneport] End Date Junz3 ���� �:���@� pvw �mT ' Questions Agency Source°«aU oQuestions OUnonmvered [��e�/��k�ue��ions] Bid Contact Jeremy Schwartz (218) 894'5488 rfp@sourcewell-mn.gov II:..:..!dIIIt1113111d 202 12th Street NE [Create Addendum] | | P.O. DoxZl9 Staples, MIN 56479'0219 -------------------- Descwption SourceweU, a State nfMinnesota 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. SourcewoU Participating Entities include thousands of governmental, higher education, K'lI 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 SounceweU Procurement Portal [htLpa://pnoportaLaamrcevveU-mm.gov]. Only proposals submitted through the SourceweU 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 Date May 17, o0o3 10'00:00AvoCDT Location Online Conference Notes Login information will baenmai|ed two business days prior tm the event. Documents No Documents for this bid Customer Support: agencysupport@pub|icpunchasezum | Copyright 1999'2023 m | The Public Group, LLC.»n rights reserved. o i,i r Cewell 71vok 3ids II~II'rrirrr rr� :CJn irrrore Ibids Create coiWuint Bid Details Bid Goods Classification: Bid Type: RFP - General Bid Number: RFP 061323 Bid Name: Flooring Materials, with Related Supplies and Services Bid Status: Closed Bid Closing Tue Jun 13, 2023 4:30:00 PM (CDT) Date: Question Mon Jun 5, 2023 4:30:00 PM (CDT) Deadline: Electronic Not Applicable Auctions: Language for Bid English unless specified in the bid document Submissions: Submission Online Submissions Only Type: Submission Online Submissions Only Address: Public Opening: Yes Public Opening See RFP and FAQ documents for details. Address: 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. 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 ;yid . ]. 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. 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: 5Ih. . :.... .ateggii:es.........ip:] Register for this Bid Download Bid Documents P hhwlq j #�-)r f dwlr qv The following are the meeting times and locations for the opportunity: Meeting Location Description'Date / Time Mandatory Meeting Meeting Document Login instructions will be posted to the Wednesday May Online Pre- "Documents" section and available to registered Proposal suppliers two business days prior to the web 171 2023 10:00 AM No Conference conference. (CDT) i„ Yv..d tA.J G./7,A c'f 4fJ WW �m CJ , raYi nl "' f1✓ A. i l rvi ✓ ' u A L C7 Cd U Cw"N c,, 6 E. la a..,,. 1d IXM i ur Y,�r �F' FF"a Yry 6p1, l.. nCL A .. 05 } 7 m ,} U Y n t! C, J" CXSi tk: �;. e,y � IVnu`a,V Y. v rxt r} d, Lh.. x � C$ ° CIA i .. A7a , na"o-, I i ', � "u� :i ,: ti,✓ r 4 „ u. .., 40 'In W » C i LL d� " t z.. r rA na 2n 2n 2n 2n r, ,� & 1 wtl a :4. a n.. ...., 2n 2n 2n 2n 2n .! Md"i 43 CIW�/41Ce 0 n u P7a iVWp y CS�i ^rS �7 I raw r :i r z 1.� iu GG/GOGG 1 tltltl III .. c'lkr=acrh _.i lkhs l^JuMtl�.e 131r1N_.. Pubfish Solldtat on Setting n V Invltnr Riddell, No w+CrrnlcanRet R^spar ra anirnuk No w hm-,A Ap',r6rt'oa¢al N. v`4 u.vla8z E'r41 I t u'r wlt4 4l o Ll�:ero R'dur Sollcitatlon Malls n Mandatrsry l"firo rnAl- .roll t,1 or€yp,,, HIT SalidtW+¢r N..rYbcr 061323 i'bc+lr t.n oo rufd,nm Flrr©nlnpMaOerialsu,,W,RylMW supplik"umrt,M1 Surfwdrrs N r——1 type fsc.&,4r^rvdca~u' t nr retry&t^rv(i ia n/StMo¢ Canada I r 61i^d..!By , —H „,r:carlpt('r-,,o,irG N.0 Apphcaw6T,, Oar&-ravd hxfroenWk,,,(p Nurlyl Ib u,raea vxFr h rlrlw/....rrsl�rrp Md�ar ro,......061323 Ftoo,Mg Mxtol ahr Mw4 hRelatO S.pp kea arras ........ ......... ......... ........ ......... ......... ........ ......... ......... Sed l— Adve=Use neat ,n ----------------------------------------------------------------------------------------------------------------------------------------------------------- 81 O,Sc^tP ngb ;,<rlautuP rrs lypaa Opeotooll„uppli—, 6,PfYVY14rPtlF rr of atf?1.rntr+ f S240,000000, ) — lau4alr Ot l.kaRo 65/09/2023 6:.Ir=urrp k7nkar tia nrua 06/119/202316.30D)CY NWI M CkI^rtlaro rdv.kln l6np,,a f,,r Nrr, 10,000,001 av6r SnYlw3ta.Rinn �'"iM"'ted i:.xteN,r`x kl, {Y III cons,ir dCtanitl0 ...... ........ .... .... .. ... ... rr �I If c,l tw( It ,CIOW k dt t II Y rc(l F U h9 411;Ik c ✓It'4,a �pIM 'w par€Pc40rvg 4+cvagaycG„J Vtnnmavet6aruw!C.Ynnavxllrcrn (r+nDev^tra h' v Y b t rn { 11 y, Ira r f r Ill / t G k r I y"i I Wood S I>r Y r 11 Mi I V a1 thM t Fr ale t o M ro yW f ll i"1 gi rf,wrap , Met flnrlci},IrIIII—k.W ter In rto1 g,l rkr1,6 r[,S Moduler Hulnr etc Fallaatnal-Cl—vi'. c>t'lur emfe q o Flooring Ivtatei{al,with Relatcd Supplies and Services oe,laas Cl.slnft[rate 116,VPM'Y+rly'y10NA C1 lhv 01: source tell,,r JW,of Ntic rr sr qa O.rc d i,rrae rr r t err k e r p yw.rv':m upr attwc,Is reque.Cing prrolsosa9s for f looting 1Material,with Related Supplies and Services to result In a contracting solutbn tur ode by Its Pi t crp.ing f:dh r.3ournew II P,tidpaaing F rt ic.a r'ouch.tl' arrda of govMrnrnentul,high '.dun,.ion K 12 ducaaion,nonprofit,biY i g rvr,rr''nP t rd other tP.blk g nacre I—Aed in ttra Unitad 4teb.s and d',anarla A 1u0 ettspy If tB're.Rr,q—t for Prop—i,c-R'found—the.Sou--oil Procivernoat Portal 11 rrlrs.//fr r I r r,I ...cc r 11, ;rnil.Only propowadm s b nRRnd through tirc Sonya—li Procurerrr.Rt PorTat will br^eorrekle,od,PToP-1,ara dean no late,than lone It,2023,nt 4 xr pm,dice;inflr<ul II a',,and late gav'NX,5,1a15 WIN nah Irrr aa>nsuNaru(!n'k. 1 I-I v)fht 2G,'d,'r lQuIN All 11fyJrtu l ircw d,ftwnned b'1 Siddirptr— ItP,l, st 061323-Flooring Materials with Related Supplies and Se... Notice Basic Information Estimated Contract Value(CAD) $240,000,000.00(Not shown to suppliers) Reference Number 0000245972 Issuing Organization Sourcewell Owner Organization Solicitation Type RFP-Request for Proposal(Formal) Solicitation Number 061323 Title Flooring Materials with Related Supplies and Services Source ID PP.CO.USA.868485.C88455 Details Location All of Canada,All of Canada Purchase Type Duration:4 years 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.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[https://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 2023/04/25 09:38:52 AM EDT Question Acceptance Deadline 2023/06/05 05:30:00 PM EDT Questions are submitted online No Bid Intent Not Available Closing Date 2023/06/13 05:30:00 PM EDT Contact Information Procurement Department 218-894-1930 rfp@sourcewell-mn.gov Bid Submission Process Bid Submission Type Electronic Bid Submission Pricing Lump sum Pricing Lump sum Bid Documents List Item Name Description Mandatory Limited to 1 file Bid Documents Documents defining the proposal No No 2023/04/25 09:39:01 AM EDT Page 1 of 2 061323-Flooring Materials with Related Supplies and Se... Categories Selected Categories GSIN Category(1) G Goods Goods N72 Household And Commercial Furnishings And Appliances Household And Commercial Furnishings And Appliances N7220 FLOOR COVERINGS Floor Coverings 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 30161700 Flooring 52000000 Domestic Appliances and Supplies and Consumer Electronic Products 52100000 Floor coverings 52101500 Rugs and mats 2023/04/25 09:39:01 AM EDT Page 2 of 2 DocuSign Envelope ID:CDE32CC8-OB5D-4CF2-9591-F477B DOE 175E saM ENTIA,,) 4 ou U"l';°.'.a IIrPr o Proposal Opening Record Date of opening: June 13, 2023 Sourcewell posted Request for Proposal 4061323, for the procurement of Flooring Materials with Related Supplies and Services, on the Sourcewell Procurement Portal [p.L Eggq .souircew0I-nnn.&ov] on Tuesday,April 25, 2023, and the solicitation remained in an 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 Sourcewell Procurement Portal, and that each Proposer's response material was digitally sealed upon submission 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 CBC America, LLC 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, LLC-Submitted 6/13/23 at 4:22:32 PM Engineered Floors, LLC dba J+J Flooring Group-Submitted 6/13/23 at 9:03:57 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 Gerflor 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 6/09/23 at 11:55:32 AM Karndean International, LLC-Submitted 6/13/23 at 2:24:30 PM Mannington Mills, Inc. -Submitted 6/09/23 at 10:59:07 AM Mats, Inc. dba Matter Surfaces-Submitted 6/12/23 at 2:49:11 PM Maxxon, 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 9:28:54 AM Mohawk Carpet Distribution, LLC-Submitted 6/12/23 at 2:25:09 PM RB& G Products, LLC dba Zandur-Submitted 6/08/23 at 11:06:44 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 DocuSign Envelope ID:CDE32CC8-OB5D-4CF2-9591-F477B DOE 175E 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. EDocuSigned by: DocuSigned by: EFD8B3D45D 6EE63AEDEDSF46E... Greg Grunig, MS, Procurement Lead Analyst Carol Jackson, Procurement Analyst \ ,; : I ( - ;¥ - \ } \ �7 � \ \ \\ \ {�uo m \ la;; :(° } \ \ k ~ (-:fj \ f ] /) -C \ !! ° `CL ;! - Lu kk } ƒ} \ � < \ / w00 ) \ kk % cbjD § / - � ) ) _ I { \ E / \ I z ; & \ 2 - § } \ § ; g e { / o - - ) \ _ _ J / LU \ , \{) , \ {) ƒ )/ \ as - . - ) / \- . - j \ƒ)/215I))) !{!/\ )i))))\|)) !0 DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D r/d Sourcewell 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.sourcewell-mn.gov, Sourcewell Procurement Portal https://Proportal.sourcewell- mn.gov, Biddingo, Merx, PublicPurchase.com,The New York State Contract Reporter www.nvscr.nv.gov, April 26, 2023 in Oregon's Doilylournal 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 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 [https.Ilproportal.sourcewell-mn.govj. 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. The solicitation process was conducted through the Sourcewell Procurement Portal.The following parties expressed interest in the solicitation by registering for this opportunity within the portal: Accu Steel, Inc. Kal-Trading, Inc. AHF Products Karndean International, LLC American Biltrite (Canada), Ltd. Mannington Mills, Inc. Bentley Mills, Inc. Mathusek, Incorporated BOSS CARPET ONE, LLC Mats, Inc. dba Matter Surfaces Britespan Building Systems, Inc. Maxxon, Inc. CBC America, LLC dba TOLI International TOLI TOLI Corp. MegaCera, LLC CDK Logistics, LLC Milliken & Company cfs INTERIORS& FLOORING Milliken Services, LLC Champion Flooring Mohawk Carpet Distribution, LLC Division 9 Flooring NPN Carpet Installation, Inc. DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D Souircewelll Page 2 of Ecore International NWT& Nunavut Construction Association Emser Tile, LLC Opler Flooring Engineered Floors, LLC dba J+J Flooring Group PANDAFLOOR CONTRACTING, LTD Equitable PWXPress Excelsior Concrete Coatings RB & G Products, LLC dba Zandur Facility Armor Regina Construction Association Floorsite, Inc. Resell Solutions, LLC 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. Sled Consulting, LLC Great Floors, Inc. Tarkett USA, Inc. healthchek network, LLC Tiles In Style DBATaza Supplies, LLC UPOFLOOR 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 Sourcewell Procurement Portal, on June 13, 2023 at 4:31:17 pm CT. Proposals were received from the following: Bentley Mills, Inc. CBC America, LLC dba TOLI International TOLI TOLI Corp. Champion Flooring Division 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 Mannington Mills, Inc. Mats, Inc. dba Matter Surfaces Maxxon, Inc. MegaCera, LLC Milliken Services, LLC Mohawk Carpet Distribution, LLC RB& G Products, LLC dba Zandur Roppe Holding Company Shaw Integrated and Turf Solutions, Inc. Tarkett USA, Inc. UPOFLOOR Americas, Inc. dba Kahrs Commercial Flooring DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D Proposals were reviewed by the Proposal Evaluation Committee: James Voelker, CPCM, CFCM, Procurement Supervisor Carol Jackson, Procurement Analyst Brandon Town, NIGP-CPP, CPSM, CPSD, Procurement Analyst Nick Scholer, Procurement Analyst The findings of the Proposal Evaluation Committee are summarized 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 United 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, distributes a comprehensive catalog of flooring solutions such as resilient, ceramic, porcelain tile, wood, hardwood, laminate, rubber,vinyl, broadloom, 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 nationally certified Woman-Owned Business from both NWBOC and WBENC.They are offering Sourcewell participating entities competitive pricing discounts. Forbo 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 participating 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 United States. Interface Americas' flooring products are carbon neutral across their full product life cycle through their third-party verified Carbon Neutral FloorsTM 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. Mannington 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 selection 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 LEED, Mindful 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. DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D souircew(..:Ill Page 4 of 6 Milliken Services, LLC, provides a full selection of flooring solutions including resilient, ceramic, porcelain 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 technology of their carpet tile 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 United States and Canada. Mohawk Carpet Distribution's EcoFlex 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 emissions tested to GreenGuard Gold or FloorScore certification.They are offering competitive discounts off list price. Shaw Integrated and Turf Solutions, Inc., provides a large selection of resilient, ceramic, 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 Canada. Shaw's re[TURN]® 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 substantial 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 CertifiedT"^ for five criteria which include, material health, 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 Sourcewell Contract #061323 to: Bentley Mills, Inc. #061323-13PS Division 9 Flooring #061323-DV9 Forbo Flooring, Inc., dba Forbo Flooring Systems #061323-FRO Interface Americas, Inc. #061323-IFA Mannington Mills, Inc. #061323-MMI Mats, Inc. dba Matter Surfaces #061323-MAT Milliken Services, LLC #061323-MAC Mohawk Carpet Distribution, LLC #061323-MCD Roppe Holding Company #061323-RPP Shaw Integrated and Turf Solutions, Inc. #061323-SII Tarkett USA, Inc. #061323-TFU DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D The preceding recommendations were approved on July 21, 2023. i—l '6 ouSigned by: E � v e&&& 5FCC James Voelker, CPCM, CFCM, Procurement Supervisor DocuSigned by: 6EE63AE DED5F46E... Carol Jackson, Procurement Analyst 1DocuSigned by: 7BCA93CD6377421 Brandon Town, NIGP-CPP, CPSM, CPSD, Procurement Analyst E DocuSignne'+d Eby: � 4513A6ODCA01467... Nick Scholer, Procurement Analyst DocuSign Envelope ID:84096366-2C22-4E08-8244-E13A6551E07D Souircewelll Page 6 of 6 STATEMENT OF COMPLIANCE As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP#061323 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. EDocuSigned by: COFD2A139D06489_. Jeremy Schwartz, CSSBB, CPPO, NIGP-CPP Sourcewell Chief Procurement Officer DocuSign Envelope ID:870F5044-274F-4979-8044-B464723BBEE2 a; % SOURCEWELL STATE OF MINNESOTA Sour-ce'well Member Thi el moved the adoption of the following Resolution: 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 solicitation, 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: (list 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: Doc USigned by: �w gv� OEF5785E,,AD4CF... Clerk to the Board of Directors DocuSign Envelope ID:870F5044-274F-4979-8044-B464723BBEE2 APPENDIX A SOURCEWELL PROCUREMENT DEPARTMENT BOARD ITEMS-March 2023 Requesting Board permission to Solicit the following categories: Z None H m Z 1 D L Z Requesting Board permission to Re-Solicit the following categories: y Flooring Materials with Related Supplies and Services rn m N NEW CONTRACTS Supplier Name Contract Number Solicitation Title BOXX Modular,Inc. 120822-BXX "Relocatable Building and Storage Solutions with Related Services" 0 McGrath RentCorp dba Mobile Modular Management 120822-MMR "Relocatable Building and Storage Solutions with Related Services" Z H Triumph Modular,Inc. 120822-TRM "Relocatable Building and Storage Solutions with Related Services" m 4 Avaya,Inc. 120122-AVY "Unified Communication and Contact Center Solutions" D Gioia P.Ambrette dba Newcastle Communications 120122-NEW "Unified Communication and Contact Center Solutions" G1 M Mitel Business Solutions,Inc. 120122-MBS "Unified Communication and Contact Center Solutions" Z D Presidio Networked Solutions 120122-PSO "Unified Communication and Contact Center Solutions" 1 RingCentral,Inc. 120122-RNG "Unified Communication and Contact Center Solutions" m 9 H CONTRACT EXTENSIONS Supplier Name Contract Number Solicitation Title Krueger International,Inc. 121919-KII "Furniture Solutions with Related Accessories and Services" "Athletic and Physical Education Equipment and Supplies with Flaghouse,Inc. 071819-FLG 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 Preportion, Nucor Buildings Group 013019-NUC Installation and Ancillary Services" "Portable Construction Equipment with Related Accessories and Clark Equipment/Bobcat/Doosan 041719-CEC Attachments" NEW I DIQ CONTRACTS None IDIQ Contract Extensions Company Name Contract Number None OoouSign Envelope ID:O37AO871-A41 BOURCEWENL STATE OFMUNNESOlA SO0-CeweNN��� member Kircher moved the adoption of the following Resolution: RESOLUTION TO RATIFY COOPERATIVE CONTRACTING AWARDS 8/15/2023 Resolution No.2023_21 WHEREAS,the Souroevve|| Board of Directors previously authorized the solicitations for the cooperative categories listed on Appendix A,which is attached and incorporated; and WHEREAS,Sourcevve|| issued the cooperative contracting solicitations for the authorized categories; and WHEREAS,through the Sourcevve|| Procurement Policy,the Board designated the Chief Procurement Officer to administer Sourcexvd|'mcooperative 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 U0da| is required to seek subsequent Board 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 resolutionwas duly seconded by Member Barrows and the following voted in favor: (list names here) ZVlkar Nagel , Thiel , 0arrQVVSn Art5r Kircher, Kicker and the following voted against: (list names here or"NONE") NONE whereupon said resolution was declared duly passed and adopted. ATTEST: m="em"°u^,. OnouGign Envelope ID:O37AO871-A41445 OnouGign Envelope ID:O37AO871-A41 DnowSign Envelope ID:V37AOV71+A41 (011,11`„1' I'i '( II ,I I't11 ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: EMS Technology Solutions LLC Contract# n/a Effective Date: 02/07/2026 ----- ._..._ Expiration Date: 02/06/2027 Contract Purpose/Description: Letter e erci inc kk o 1 t of, conlorriplatO 1,-yr.Exterl i arils qf,Acgreerr)erlt,for„leg ley.fle t et r1t n. gerrreClt. . software and support services for MCFR. Contract is ...........................................Original Agreement Contract Amendment/Extension Renewal Contract Manager:Cheri Tamborski 6088 tamborski-cheri@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 217,726.010 Current Year Portion: $ 27,726.00 . .m_m._. .................... (roust be S 100,000 or less) 11001 (14%) $3,881.64 (qf rnlsitt feart" `eer'a1 aft tfren 12001 (2%)$554.5.. . ..w_.....2 retithrvs 110CC approval, 14000 (3%)$$31.78 11500 (66%) $18,299.16 unless,than,1oc'0'on lllulli ,� 12000 (7%) $1,940.82 "" ` `' 01'`' W::1)63100 (8%)$2,218.08 Budgeted? Yes�✓ No❑ Grant: $ n/a County Match ' n/a SC 00084 (See Cost Centers Above) Fund/Cost Center/Spend Category: ... ADDITI(7NAL COSTS Estimated Ongoing Costs: $ n/a /yr For:costs incurred only upon formal extension (Not included in dollar value above) (e.g. maintenance,utilities,janitorial salaries,etc.) Insurance Required: YES © NO O CONTRACT REVIEW Reviewer R. L. Col i na Digitally signed by R L.Colina Department/Office Director/ Signature: �__ w Date:2026,02m 17m1421:58-osoo' Assistant Director Figitally signed by Eve M Lewis County Attorney Signature: -Eve M. LewisewS Date`2026 02µ18 12 15 4s osoo' Digitally signed by Gaelan P Jones Risk p Management Signature: Gaelan I` Jones Date.202602,1815:08-37-05'00' - /`bfeU Digitally si gneed toy Lisa Abreu Lisa Purchasing Signature: A Date:2026,0U22k 14:06:04-05'00' .. ..............._.....................................,........._......... .... ..._.. OenMllBcontractscrmonroecount'-fl. ov Signature: Angelica Mr'alcoskyD�emm202 ��2d 5.485aMal`'Sky ( y g ) Digitally src .b2„�.°t 15N48N56 mDS 00'' (email OMB ,)monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 91 ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT RENEWAL FORM FOR CONTRACTS $100,000.00 and Under Contract with: EMS Technology Solutions 4 Contract# Renewal Date._.�.w,..,m, .,�„ .. . ,..._.. .._.._�_ ....... 02/07/2026 Expiration Date: 02/06/2027 Contract Renewal Notes: Extension and Renewal term of Agreement for legacy-fleet asset management software and support services. Note;Agreement totaling$138,630.00 approved by BOCCBOG on May 21,2025. URE TO MEET ONE OR MORE OF THE CONDITIONS SET FORTH BELOW WILL REQUIRE APPROVAL BY THE BOCC ,/ Fhe BOCC approved agreement provided for a renewal subject to the terms and conditions set forth in in the initial contract. ✓ lie Contractor has performed in a satisfactory manner and the contract manager has verified satisfactory performance. ✓ he Contractor has requested and agrees to renewal (renewal agreement should first be signed by Contractor). ✓ "he renewal period is set forth in the BOCC approved agreement. he total culTlulative value, including any Consumer Price Index (CPI) increase, of the renewal is $100,000.00 and under. The following Contract Manager has verified that the above conditions have been met. g Chen Tamborski ext 608E _..._, ._..,.... _ ......_._.. _�" ..,...._........._OecOu Contract Manager: tamborski-cherl monr (Name) (Ext.) Email Address Revised BOCC 11/12/2025 A CERTIFICATE OF LIABILITY INSURANCE DAT7/15/2025 Y) 07/15/2025 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 endorsements. PRODUCER CONTACT JOe Ja NAME° ynes AX J&A Insurance Agency Inc. ( o t".Extf,, �678)266 3353 t .,Nl. (678)266 3353 ° .. 1300 Ridenour Blvd.Ste. 100 E-MAIL Aaor3F$$s )) Iainsuranceager7cy com INSURER(S�AFFORDING COVERAGE NAIC# Kennesaw GA 30152 INSURERA. Hartford Underwriters Insurance Company „- ®._.. INSURED INSURER B Nutmeg Ins Co (The Hartford) l Ems Technology Solutions, LLC dba Operative IQ INSURER C: Hartford Underwriters Insurance Company 3781 Tramore Pointe Pkwy, INSURERD: Farmington Casualty I 11 ns.Co. INSURERE. Hartford Underwriters Insurance Company .............. ......... ...-,...... .... Austell GA 30106 1 INSURERF. Twin City Fire Insurance Co COVERAGES CERTIFICATE NUMBER: 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 ..., ........ ....... ........ IADDL SUf3 i�.. .,., ...,,POLICY EFF POLICY'EXP,,., ... _ .... ..... TP TYPE OF INSURANCE IINSID POLICY NUMBER MM!DD!Y, 1 1MMIDD/VYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000 000 m T$ 1�aF tChdL&PrEp�" ,...,1 CLAIMS-MADE /".,`OCCUR.. ro 17 S 1 000 000 MtC. EX (Anv arir pes orl S 10,000 A _ I Y Y 20SBABC6GBS 07/18/2025;07/18/2026 PERSONAL&ADV INJURY s 2 000 000 GENt AGGREGATE LIMITAPPLIESPLR - GFN[RAI AG ,f 1GATI_ $ 4,000,000 PR xawocerwwnl^a uaw s¢swt+Awraoxuarr+t P.. X ,71�k°IE�Y. . :Eir . .......� LfaC, RooucTs coMP/oPAGU s 4,000,000 61 nv. 10 . R 30,25 :> ca _,--,. AUTOMOBILE LIABILITY C. 7wbBpkWCB"D q6^T x4 Pr.LtlruM&tl S ....... WAIVER NlA XYES PAC::C¢!d6wPII1........... ° , ,..„GOO GOO, `X!,ANY AUTO BODILY INJURY(Per person) „ B OWNED SCHEDULED Y 20UECEL7367 07/18/2025 07/18/2026- BODILY INJURY(Per accident) S ,�..,AUTOS ONLY .. 'AUTOS HIRED NUN-OWNED PnRPf rt°rY kJAfwVA E AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB X'. 000UR ',. EACH OCCURRENCE,. S 1,000,000 C Excessuae CLAIMS-MADE Y 20SBABC6GBS 07/18/2025 07/18/2026 AGGREGATE s 1,000,000 DED X I RFTFNTIONI T,, 10,000 s WORKERS COMPENSATIONI- AND EMPLOYERS LIABILITY TATh1T YIN 5I ANvIIO RILTOR/I-ARTNER/eXECUTIVL _ EL EA4,H ACCIDI Nt I s 1,000000 D OFPICER/MEMBIREXCLUDED? Y N/A UB7J299281 07/18/2025 07/18/2026 (Mandatory in NH) ._.__ r L DISEASE EA I_MPLOYt Ea s 1,000,000 f yes describe under mm.r ._ ,. ®.... DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMI1 s 1,000.000 Technology Errors and Omissions per glitch $2,000,000 E Self Insd. Retention limit$10,000 20SBABC6GBS 07/18/2025 07/18/2026 aggregate $2,000,000 retention limit:$1 O,OOC DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) F.CyberChoice First Response Policy(3rd Party Cyber Liab.),Pol.#20MB 0349843-25,Eff.7-18-25 to 7-18-26,$2mm Combined Aggreg.limit, Data Privacy and Network Security Liab.and Expense Ins. Limit$2mm($10,000 retention limit),Digital Media Liab.limit$2mm($10,000 retention limit). Pol.#20SBABC6GBS Certificate Holder is also an additional insured per Blanket Additional Insured By Contract Endorsement,Form SL.30 32"when required by written agreement." Waiver of Subrogation applies per Blanket Waiver of Subrogation form SL 30 03 10 18"when required by written agreement."Primary CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 Joe Jaynes,Agency Principal hemeyer-zully@monroecounty-fl.gov @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:. __..._............w....................w_.._.... ........... _._.._. ................................................._ LOC#: ADDITIONAL REMARKS SCHEDULE............................. At�C�A'�' � Page of AGENCY NAMED INSURED J&A Ins uranc_e Agency Inc. . mmmITITITITITITITITmmmmmmmmmmmmmm M.M.M. _ Mw_ Ems Technology Solutions,LLC dba Operative IQ POLICY NUMBER _....... ....W............... ..,...................�.�........,....a..�„„.�.».�,�.,�,.„..... '..CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, Insurance FORM NUMBER: 25 FORM TITLE:_G„grtifcate a Liability mm MMMM IT Non Contributory applies per Blanket form SL 00 00 10 18"when required by written agreement."30 day notice of cancellation applies per Blanket Notice of Cancellation to Certificate Holders Form SL 90 13 10 18, Policy#20UECEL7367 Certificate Holder is also an additional insured via form SL HA99161221 when our insured has agreed via written agreement. Policy#UB7J299281 30 day notice of cancellation applies per form Notice of Cancellation to Designated 3rd parties-Monroe County Board of Commissioners. ACORD 101 (2008101) O 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 10� BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tem.David Rice,District 4 � 1 Craig Cates,District 1 . ^ James K.Scholl,District 3 Holly Merrill Raschein,District 5 February 5, 2026 Anthony Schmidt Regional Account Manager EMS Technology Solutions, LLC dba Operative IQ 3781 Tramore Pointe Pkwy Austell, GA 30106 Re: Renewal No. 1 of 4 Agreement between Monroe County, FL and EMS Technology Solutions, LLC For MCFR Fleet Management Software(Operative IQ) Dear Mr. Schmidt, Under the terms and conditions of the above-referenced Agreement,the Monroe County Board of County Commissioners and the Monroe County Board of Governors for the Monroe County Fire and Ambulance District 1 (hereinafter collectively referred to as "Monroe County"), acting through the County Administrator, would like to exercise the option to renew the Agreement for an additional one(1)year tern pursuant to Section 5, "Contract Term,"found on page 2 of the Agreement. This will constitute the first(1st) of four(4) extensions(renewal terms)contemplated by the Agreement. If mutually agreed upon, the extension and renewal term will be effective starting (retroactively) from February 7, 2026 and ending at 11:59pm on February 6,2027. The renewal of this contract is contingent upon compliance with certificate(s) of insurance requirements as applicable and approval by Monroe County. Additionally, Monroe County reserves all rights under the contract to terminate and re-solicit for these services,if it determines that the transaction is not in Monroe County's best interests. Please advise if a renewal of our current contract is acceptable to your company.Kindly indicate the appropriate information below and return this letter as soon as possible to Cheri Tamborski at Tamborski-Cheri cr MonroeCounty-FL.gov. If you have any questions or concerns,please call 305-289-6088. Your cooperation in this matter is appreciated. Sincerely, Digltallyslgwd by R.L.Gonna R. L. Colina Date.2026.12.�51546:�2 g5gg Chief R.L. Colina Fire Chief ..........■.............................■ ■...............■■.............................■■ Yes, I hereby agree to a one(1)year extension of the.Agreement, as described hereiri- Monroe County Approved: No,I airy unable to provide a one(1) year Digitally signed by Christine Christine Hurley extension of the Agreement for the follox>o.,ring Date:2026.03.02 reason(s)- Hurley 12:25:26-05'00' Christine I-Iurlev_ County Administrator Yy� Digitally signed by Malia Sams Malia Sal l Is Date2026.02.0516:28:19 VP Oper _7 -05,00 Approved as to legal,form. sufficiency: Signor(Signature) Title Digitally signed by Eve M.Lewis Eve M. Lewis Date:2026.02.1111:01:00 -05,00' Malia Sams 02/05/2021§ Assistant County Attorney Name(Print) Date Kevin Madok, cPA a" Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: June 2, 2025 TO: Cheri Tamborski Emergency Services Mayor Bruce Halle Fire & Ambulance District 1 Board of Governors FROM: Liz Yongue, Deputy Clerk SUBJECT: May 21, 2025 BOCC Meeting The following item has been executed, redacted, and added to the record: C28/H2 Restated Agreement between Monroe County and EMS Technology Solutions, LLC for legacy fleet asset management software and support services in the amount of $27,726.00, for the initial year commencing retroactively on February 7, 2025 and ending on February 6, 2026, with the option to renew for four(4) one (I)-year renewal terms. Should you have any questions, please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 RESTATED AGREEMENT between MONROE COUNTY,FL and EMS TECHNOLOGY SOLUTIONS,LLC for MCFR Fleet Management Software(Operative IQ) 2l st THIS AGREEMENT is made and entered into this -Q-day of + t t and made retroactive to February 7, 2025, for purposes of ensuring uninterrupted and continuous services,by and between the Monroe County,Florida,a political subdivision of the State of Florida, with principal offices located at 1100 Simonton Street,Key West, FL 33040 (the"County") and EMS Technology Solutions, LLC(dVa Operative IQ), a Georgia limited liability company with principal offices located at 3781 Tramore Pointe Pkwy,Austell, GA 30106(the"Contractor")to provide legacy software and services as more specifically described herein. Now therefore,in exchange for good and sufficient consideration,the parties hereby agree to the following terms and conditions: 1) The Contract Documents This Agreement supersedes and replaces, in all respects,all prior agreements between the parties including,but not limited to,the agreement dated January 16,2013,its amendment No. 1 dated February 19,2014,and any subsequent extensions thereunder.This Agreement is the current and effectual understanding of the parties, and it incorporates by reference the following Exhibits: "Exhibit All—EMS Technology Solutions,LLC Main Service Agreement "Exhibit B"—Product&Pricing Schedule In the event of a conflict among the contract documents, a duly executed amendment to this Agreement (most recent in sequential order) will control,then this Agreement, then "Exhibit A," and then "Exhibit B,"in that order. Ordering Documents,as defined herein, are also an integral part of this Agreement and will serve only to administratively amend the approved listing of current County-approved products, subscriptions,and/or services, consistent with.the process described in Paragraph 2(c),below. 2) The Work/Services The Contractor must provide legacy(perpetual)licenses.products/support,and perform all work for the County required by this Agreement,and as set forth below: a) Contractor will furnish all software, services, labor, materials, and equipment necessary as indicated in "Exhibit A" and "Exhibit B,"both attached hereto and incorporated herein. b) Contractor must comply with any and all Federal; State, and local laws and regulations now in effect,or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor,its employees,agents or subcontractors,if any, with respect to the work and services described herein. Contractor shall maintain throughout the term of this Agreement appropriate licenses,as applicable and necessary for the services provided. c) Subject to the monetary limitations set forth in paragraph 5,herein,the parties may administratively amend the "Exhibit B,"Products&Pricing Schedule,to change (add or remove) the approved product and services list by way of an Ordering Document(s).An Ordering Document means a written order,proposal,or purchase document in which Contractor agrees to provide and Couty agrees to purchase or delete specific products and/or services detailed therein, and such written document does not modify or add additional terms and conditions not already Page 1 of 14 provided herein. An Ordering Document that administratively amends the list of approved products and/or services must be executed by the County Administrator or designee and attached as an addendum to the"Exhibit B,­this will ensure that a record is created memorializing any changes to the Product&Pricing Schedule to provide for a comprehensive list of approved products and/or services between the parties at any given time, Additional terms and conditions in an Ordering Document will be of no effect,unless consistent with this Agreement.Ifthe County should elect to suspend or discontinue the use of a license and its support and maintenance services for azy or all of the County's list of products and/or services, the County may do so upon thirty(30)days'written notice,with the applicable fees Prorated for the applicable term,and such action must be duly memorialized in an Ordering Document attached as an addendum to"Exhibit B." 3) Contract Amount&Payment Contractor will perform contract requirements with pricing for the current legacy licenses and purchase of new licenses and bundled products/services consistent with"Exhibit B," to wit: $27,726.00 (Source-well contract #020221-GEO price discounts applied)- The legacy licenses and associated pricing will remain the same across time;however,any add- on item purchased in the initial term or thereafter,will be charged at the current prevailing rate for the new license/support for that particular line-item. County is exempt from payment of Florida State Sales and Use taxes. Additionally,the Contractor must submit invoices that are acceptable to the Monroe County Clerk and Comptroller(County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, -rules and regulations as may govern the disbursal of funds by the County Clerk- 4) Agreement Subject to Funding The 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 al-ready incurred by the termination date. 5) Contract Term The initial term of the agreement is for one(1)year commencing retroactively to February 7, 2025, and ending on February 6, 2026. The term may be extended for one (1) year intervals, up to a maximum of four (4) extension terms, and must be in writing memorializing the muLiLal agreement of the parties consistent with.the limitations set forth herein.An extension of this Agreement may be exercised by the County Administrator,or designee, exercising her authority vested pursuant to the Monroe County Purchasing Policy, so long as all extensions are made expressly subject to the same terms and conditions as provided herein, No wit &X to te,coat a theL s Ihe,r(Lof.rMgtnpt c edt)LeM�kl,,aLu f quLth orwitilMMvaLof — — t o__SJ Qq� ith.R_ S_M Sq a_ thSMQnr Cqqp Bo—d ountyCeininiss—io—ne—TLA.%--4se—d-b—ciie-in.-tb—ett)Lt4.Lv—,aille—()fthp 2 _gL_of,C contract is calqqLa�gd±y add ipZ the value xpens -added arnendrliqntladdendum p /ore ens of t"jgAfter%e,_RQard o�Coq&,Q, n r J gQst r cast g roval 6) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the County's employee for any purposes,including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Page 2 of 14 Federal Insurance Contribution Act,the Social Security Act,the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code,the State Worker's Compensation Act, and the State Unemployment Insurance law. 7) Assignment and Subcontracting Contractor must not transfer or assign the performance required by this Agreement without the prior written consent of the Monroe County Board of County Commissioners. This Agreement, or any portion thereof, must not he subcontracted without the prior written consent of the County nor may the Contractor assign any monies due or to become due to him or her,without the previous written consent. 8) Termination In the event that the Conrmctor is found to be negligent in any aspect of service,the County shall have the right to terminate this Agreement after seven (7) days' written notification to the Contractor. a) Termination for Cause and Remedies: In the event of breach of any contract terns, 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 seven (7) calendar days' 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 aa.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 recuperate 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. b) Termination for Convenience: The County may terminate this Agreement for convenience,at any time,upon ninety(90)days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due as of the appointed termination date, unless the cost of completion of the remaining work under the Agreement exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 9) Remedies The County reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the County resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 10) Data Management;Data Security Standards.Contractor must agree to comply with the County's written demands regarding cooperation (and any applicable financial responsibilities) for timely data breach incident reporting, response activities/fact- gathering,public and other governmental agency notification requirements,severity level assessment, and after-action reporting, consistent with Sections 282.3185(5) & (6), and 501.171, Fla. Stats., as amended from time to time. To ensure safety of personal data, Page 3 of 14 Contractor must comply with the 2016 European Union's General Data Privacy Regulation (GDPR) that became effective in the European Union on May 25, 2018, and any more recently revised version thereof.For any system integration between the County's network systems and that of the Contractor,the Contractor hereby agrees to comply with ISOAEC 27001 for its internal system, at a minimum, and any unique integration requirements of the County's network and information technology systems. lI) Insurance Requirements Contractor shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review.Depending on the extent of contractual oblig ations incurred by the Contractor,the below insurances will be required. Insurances can be altered via written waiver by County's Risk Manager, if required- The Contractor must keep in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Contractor must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or the Artificial Reefs Program Department whenever acquired, amended, and annually during the term of this Agreement. Prior to execution of this Agreement,Contractor shall furnish the County Certificates of Iu.sivance indicating the minimum coverage limitations in the following amounts: a) WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at the minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of, lCD' 0C}!i�QQ bodily injury by accident, . 00 0.)0J)0 bodily injury by disease,policy limits, and$100,000.00 bodily injury by disease, each employee. b) COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than w G .1 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are$200,000,0Q per person, ,I0, IJ S per occurrence,and 9 000.00property damage. Coverage shall inciude all owned vehicles,all non-owned vehicles,and all hired vehicles. c) COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than _Q ', 0 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Such coverage must include, as a minimum: Premises Operations, Products and Completed Operations, Blanket Contractual Liability, and Personal Injury Liability. An Occurrence Form policy is preferred. If coverage is 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 should extend for a minimum of twelve (12)months following the acceptance of work by the County. d) CY-BER LIABILITY. Contractor must carry Cyber Liability Insurance with limits not less than $500,000 per claim, $1,000,000 in the aggregate, and such coverage is required for the benefit of the County throughout the term of this Agreement. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken the Contractor pursuant to this Agreement, and shall include, but not be limited to, information theft, damage to or destruction of electronic information,release of private information,liability of third parties for failure to handle, manage, store, and control personal identifiable information, Page 4 of 14 alteration of electronic information, extortion, network security, legal fees, judgements, settlements, forensic experts and public relations efforts.The policy shall Provide coverage [6T regulatory Fines and penalties as well as credit monitoring expenses. c) CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted.The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. MONROE COUNTY ROAAD OF COUNTY C04MISSIONERS, 1100 SIIVOATON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED ANDCERTIFTCATEYOLDER ONALLPOLICIESEXCEPT)WORKER'S COMPENSATION In the event that the Contractor subcontracts any or all of the work in this contract 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 his subcontractors shall include the County as additional insured. 12) Indemnification&Hold Harmless a) The parties agree that the total fees paid by the County for the work or services under this agreement during the twelve month period immediately prior to the event giving rise to the liability constitutes specific consideration to Contractor for the indemnification to be provided under the Agreement. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend,indemnify,and hold the County,and the Courity-s elected and appointed officers and employees, harmless from and against any claims, actions or causes of action, 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 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 the 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 the Contractor or any of its employees, agents,sub-contractors or other invitees;or(C)the 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 the Contractor). 1�urdaerrnore, Contractor agrees to defend, indemnify and hold harmless the County, its elected and appointed officials, employees, and agents from all such claims, fees,-royalties, or costs for its use of any patent,trademark, or copyrighted materials,and any suits or actions of any name that may be brought by-,nrtue of this Agreement,against the County,its elected and appointed officials, employees, and agents for the infringement, of any patents, trademarks or copyrights claimed by any person,firm,or corporation. b) Nothing contained herein is intended, nor may it be construed, to waive County's Page 5 of 14 rights and immunities under the common law or Section 768.28,Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of 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 NU survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 13) Discriminatory Vendor List Contractor hereby acknowledges its continuous duty to disclose to the County if the Contractor or any of its affiliates,as detined by Section 287.134(lXa),Florida Statutes,are placed on the Discriminatory Vendor List, Pursuant to Section 287.134(2)(a),Fforida 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 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." 14) 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 see-2-3470)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 fintha 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, 15) Prohibition on Conflict of Interest,Gratuities,Kickbacks, and Collusion The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained herein in awarding the contract. a) Conflict of Interest.Contractor covenants that it presently has no interest and will not acquire any interest that would conflict in any manner or degree with the performance of services required. Each party hereto covenants that there is no conflict of interest or any other prohibited relationship between the County and itself. b) Gratuities. Contractor hereby certifies that it has not offered,given, or agreed to give any Monroe County employee a gratuity, favor, or anything of monetary value in connection with any decision, approval,disapproval,recommendation,preparation of any part of this contract. c) Kickbacks. Contractor certifies that it has not given payment, gratuity, or Offer of employment to be made by or on behalf of a Sub-contractor under a contract to Contractor or higher tier sub-contractor or any person associated therewith, as an inducement of the award of a subcontract or order. d) Non-Collusion Statement. By signing this Agreement, Contractor certifies under penalty of perjury that the price proposed by Contractor was arrived at independently without collusion, consultation, or communication for the purpose of restricting competition-, and no attempt has been made to induce anotherperson or entity to submit a proposal,or not submit,for the purpose of restricting competition in the award of this contract_ Page6 of 14 e) Contract Clause. The prohibitions on conflict of interest gratuities, kickbacks, and collusion prescribed in this paragraph must be canspicuously set forth in every contract and subcontract and solicitation initiated by Contractor in its performance of this Agreement. 16) Ethics Clause pursuant to Monroe County Ordinance No.010-1990 By signing this Agreement, the Contractor warrants that he/she/it has not employed, retained or otherwise had act on his/her/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 Agreement without liability and may also,in its discretion, deduct from the Agreement 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 CoLmty Code of Ordinances. 17) Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings Throughout the term of this Agreement,the Contractor has a continuing duty to promptly disclose to the County, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings relating to or affecting Contractor's ability to perform under this Agreement. If the existence of such causes the County concern that the Contractor's ability or willingness to perform the Agreement is jeopardized, the Contractor may be required to provide the County with reasonable assurances to demonstrate its ability to perform as required hereunder, and that its employees/agents have not or will not engage in conduct similar in nature to the conduct alleged in such proceeding. 18) Notice All written correspondence to the County shall be dated and signed by an authorized representative of the Contractor. Any written notices or correspondence required or contemplated under this Agreement shall be sent by U.S. Mail, certified, return receipt requested,postage pre-paid,or by courier with proof of delivery.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 COUNTY: FOR 99N �,���R: County Administrator Monroe County 1100 Simonton Street,Room 2-205 -4 -44W Key West,FL 33040 Email: -acc ce '� And(with copy to) Monroe County Attorney's Office 1111 12th Street,Suite 408 Key West,FL 33040 19) Choice of Law and Venue The parties hereby agree that the only laws that apply to this Agreement are those of the State of Florida and United States of America- The parties waive the privilege of venue and agree that all litigation between them in the state courts will take place exclusively in the Sixteenth Judicial Circuit in and for Monroe County, Florida, and that all litigation between them in the federal courts-will take place exclusively in the,United States District Court in and for the.Southern District of Florida,or United States Bankruptcy Court for the Page 7 of 14 Southern District.of Florida,whenever applicable. 20) Attorney's Fees and Costs County and Coati-actor agree that in the event any cause of action or administrative proceeding is izutiated 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, at all levels of the court system, including in appellate proceedings, 21) Trade Secrets Documents submitted by Contractor which constitute trade secrets as defined in Sections 812.081 and 688,002,Florida Statutes,as amended from time to time,and which are clearly marked or stamped as confidential by the Contractor at the time of submission to the County,will not be subject to public access.However,should a requestor of public records challenge Contractor's interpretation of the term "trade secrets" within five (5) calendar days of such challenge, Contractor must provide a separate written affidavit that includes an indemnification and release guarantee,as approved by the County Attorney or designee, to the County to support its claim that the alleged trade secrets or proprietary confidential business information actually constitutes same as defined by law- Contractor must demonstrate the need for confidentiality of the documentation by showing a business advantage or an opportunity to obtain an advantage if the documentation was released. Otherwise, Contractor is required to timely seek a protective order in the Circuit Court of the Sixteenth Judicial Circuit in and for Monroe County to prevent the County's release of the requested records. 22) Public Records County is a public agency subject to Chapter 119,Florida Statutes, as amended from time to time. To the extent Contractor is a Contractor acting on behalf of the County pursuant to Section 119.0701, Florida Statutes, as amended from time to time, Contractor must comply with all public records laws in accordance with Chapter 119,Florida Statutes. In accordance with state law,Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the County in order to perform the services. b) Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the costs 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 Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the County. d) Upon completion of the services within this Agreement,at no cost,either transfer to the County all public records in possession of the Contractor or keep and maintain public records requited by the County to perform the services. If the Contractor transfers all public records to the County upon completion of the services,the Contractor must 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 services, the Contractor must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request Page 8 of 14 from the County's custodian of public records,in a format that is compatible with the information technology systems of the County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 11.9, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTVS CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET,SUITE 4089 KEY WEST, FL 33040, EMAIL: ' L PUBICRECORDS QUMONROECOUNIY- FL.GOV, OR PHONE: 305-292-3470. If Contractor does not comply with this section, the County will enforce the Agreement provisions in accordance herewith and may unilaterally cancel this Agreement in accordance with state law. 23) Audit Rights The Contractor must maintain accurate books,records,documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. County reserves the right to audit the records of the Contractor for the commodities and/or services provided under the contract at any time during the performance and term of the contract and for a period of five(5) after termination of this contract. Contractor agrees to submit to an audit as required by the County, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Prograin Policy Analysis and Government Accountability, or other authorised representative(s)of the State of Florida.The Contractor must allow the County or such other auditing agency to have access to and inspect the complete records of the Contractor In relation to this Agreement at any and all times during normal business hours for the purposes of conducting audits or examinations or making excerpts or transcriptions. Such requirements will survive the termination of this Agreement. 24) Third Party Beneficiaries Neither Contractor nor County intends to directly or substantially benefit a third party by this Agreement- Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party is or will be entitled to assert a right or claim against either of them based upon this Agreement. 25) Uncontrollable Circumstances ("Force Majeure") As used herein,"Force Majeure"means the occurrence of any event that prevents or delays the performance by either party of its obligations hereunder which are beyond the reasonable control of the non-performing party- Examples of"Force Majeure"include,but are not limited to, acts of God, natural disasters, or emergency governmental action. To invoke this paragraph, immediate written notice, consistent with the "Notice"provisions of this Agreement,must be sent by the,ton-performing party describing the circumstances constituting force majeure and proof that the non-performance or delay of performance is a direct and reasonable result of such event(s). Any claim for extension of time by Contractor pursuant to this pavagraphgrill be made not more than Seventy—two(72)hours after the commencement of the delay. Otherwise,it shall be waived. The Contractor shall immediately report the termination of the cause far the delay within seventy-two(72)hours after such termination. The County reserves its right to challenge the invocation by the Contractor within five(5)calendar days of receipt of said notice,in such case uninterrupted Pagc 9 of 14 performance in required.However, in the event the invocation is accepted by the County, the Contractor must take all reasonable measures to mitigate any and all resulting damages, costs, delays, or disruptions to the. Contractor',,, performance requirements under this Agreement All obligations must resume when the circumstances of such event(s) have subsided, or other arTangments arc made pursuant to a written amendment to this Agreement 26) Public Entity Crimes Statement Pursuant to Section 287.133(2)(a), Florida Statutes, as amended from time to time, Contractor hereby certifies that neither it nor its affiliate(s) have been placed on the convicted vendor list following a conviction for a public entity crime-If placed on that list, Contractor agrees: to immediately notify the County and is prohibited from providing any goods or services to a public entity-, it may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work;it may not submit bids on leases of real property to a public entity-, it may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and, it may not transact business with any public entity in excess of the threshold amount provided in Section 287-017,Florida Statutes, for Category TWO ($35,000), as may be amended, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 27) Foreign Gifts and Contracts The Contractor must comply with any applicable disclosure requirements in Section 286.101,Florida Statutes.Pursuant to Section 286-101(7)(b),Florida Statutes- "In addition 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." 28) Scrutinized Companies and Countries of Concern per Sections 287.135, 215.473, & 2877.138, Florida Statutes Contractor hereby certifies that it: a) has not been placed on the Scrutinized Companies that Boycott Israel List,nor is engaged in a boycott of Israel;b)has not been placed on the Scrutinized Companies with Activities in Sudan List nor the Scrutinized Companies with Activities in the Ilan Terrorism Sectors List (formerly the Iran Petroleum Energy Sector List); and c) has not been engaged in business operations in Cuba or Syria. If County determines that Contractor has falsely certified facts under this paragraph,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. The County reserves all rights to waive ccrtain requirements of this paragraph on a case-by-case exception basis pursuant. to Section 287.135, Florida Statutes, as amended. 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 NicoUs Maduro, or the Syrian Arab Republic, 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. Beginning January 1, 2025, the County must not Page 10 of 14 extend or renew any contract that grants access to an individual's personal identifying information unless the Contractor pro,.sides 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. EIIS TECHNOLOGY SOLUTIONS,LLC 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 Busiaess 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. Printed Name: iola t a. Title: D 1 h m)-, Sagna'te: Date_ 29) Noncaercive Conduct fur Labor or Services As a nongovernmental entity submitting a proposal, executing, renewing, or extending a contract with a government entity, Contractor is required to provide an affidavit under penalty of perjury attesting that Contractor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes_ As an authorized representative of Contractor, I certify under penalties (if perjury that Contractor does not use coercion for labor or services as prohibited by Section 787,06. Additionally, Contractor has reviewed Section 787.06, Florida Statutes,and agrees to abide by same. 30) Nondiscrimination The 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 jurisdiction that discrimination has occurred, this Agreement automatically terminates without any fm-ther action on the part of any party, effective the date of the court order. Contractor 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 (PI., 88-352) which prohibits discrimination in employment on the basis of race, color,religion, sex or national origin; 2)Title IX of the F-Aucation Amendment of 1972, as amended (20 USC ss. 1691-1683, 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 disability; 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, Disabilities Act of t 990 (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) The Pregnant Workers Fairness Act(PWFA)pursuant to 42 U.S.C.20OOgg et seq.;and 12)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. 31) E-Verify Requirements Effective January 1, 2021, public and private employers, contractors and subcontractors must require registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor acknowledges and agrees to utiLize. the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvcndors/subconsultants/sube(rntractors) assigned by Contractor to perform work pursuant to the contract with the County. The Contractor acknowledges and agrees that use of the U.S.Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the County. By entering into this Agreement the Contractor becomes obligated to comply with the provisions of Section 448.095, Florida Statutes, "Employment L'Ligibility," as amended from time to time. This includes,but is not limited to,utilization of the E-Verify System to verify the work auth-rization status of all newly hired employees, and requiring all subcontractors to provide an affidavit to Contractor attesting that the subcontractor does not employ, contract with,or subcontract with,an unauthorized alien.Contractor agrees to maintain a copy of such affidavit for the duration of this Agreement. Failure to comply with this paragraph will-result in the termination of this Agreement as provided in Section 448-095, Florida Statutes, as amended, and Contractor may not be awarded a public contract for at least one (1) year after the date on which the Agreement was terminated. Contractorwill also be liable for any additional costs to County incurred as a result of the terniination of this Agreement in accordance with this Section. Upon executing this Agreement, Contractor will provide proof of enrollment in E-verify to the County. 32) Prohibited Telecommunications Equipment Contractor represents and certifies that it and its applicable subcontractors do not and will not use any equipment,system,or service that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system, as such terms are used in 48 CFR§§ 52.204-24 through 52.204-26. By executing this Agreement, Contractor represents and certifies that Contractor and its applicable subcontractors must not provide or use such covered telecommunications equipment, system, or services for any scope of work performed for the County for the entire duration of this Agreement.If Contractor is notified of any we or provisions of such covered telecommunications equipment, system,or services by a subcontractor at any tier or by any other source, Contractor must promptly report the information in 40 CFR § 52.204-25(d)(2)to County. 33) Antitrust Violations;Denial or Revocation under Section 287.137,Florida Statutes 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. 34) Environmental and Social Government and Corporate Activism Pursuant to Section 287.05701, Florida Statutes, as may be amended,the County cannot give preference to a contractor based on social,political or ideological interests as defined in the statute. Contractor is also prohibited from giving preremnce to any of its subcontractors based on the above referenced factors.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. 3 55) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the County, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and authorized designees,of the County. 36) Interpretation The titles and headings contained in this Agreement are for reference purposes only and will not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement include the other gender, and the singular includes the plural, and vice versa,unless the context otherwise requires. Terms such as"herein"refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear,unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof,unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to "days"means calendar days, unless otherwise expressly stated. 37) Joint Preparation It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and accordingly the rule that a contract ,will be interpreted strictly against the party preparing same does not apply herein due to the joint contributions of both parties. 38) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction w'11, as to that jurisdiction. be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.The non-enforcement of any provision by either party will not constitute a waiver of that provision nor will it affect the enforceability of that provision or of the remainder of this Agreement. 39) Signatory Authority Upon request, the Contractor must provide the County with copies of requisite Page 13 of 14 documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 40) Counterparts and Multiple Originals. This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which is hereby deemed to be an original, but all of which, taken together,constitutes one and the same agreement. IN WITNESS WHEREOF,County and Contractor have executed this Agreement as of the date first written above. CONTRACTOR: EMS TECHNOLOGY SOLUTIONS,LLC � Ignatur Iffl-a'.1 i S LP qOt b-clrl-s STATE OF AA- Print Name&Title COUNTY OF ��. The foregoing instrument was sworn to/affirmed and acknowledged before me by� presence or 0 online notarization,this day of P 0-4 by MS C H ().'�Ifvko [President or Authority Title]of Y SOLUTIONS,LLC,a Georgid limited liability company, He/She is personally known to me/or has produced of identif P, AN/V SiSnaturc Natary Public t, (Print&Stamp Commissioned Name of Notary Public) q U80 COMMISSIONERS FGR MONROE COUNTY FLORIDA T A a fill % ty r"James K.Scooll BOARD OF GOVERNORS,FIRE AND AMBtU,AN DISTRICT 10 IVIONROE COUNTY,FLORIDA: By: Chairperson Bruce Halle AS lo Madok, Clerk r C— rn QnMa— eputy Clerk V., 4pio' s to legal form&sufficiency: X rM Eve M.Lewis ..MUM Wt#o-w Eve M.Ee-��17s—,A-—ssis'tant—County Attorney T31 Page 14 of 14 wT r0� ��/�� �� � upiRnTiuE io � � —0-�� �� �� � ^�~ U��D N �� � ����� �� �����UK UUK������ LLCESclgy. ~ . ~ �� ° "W �n�» v�' .�.m�'~��=«x�v� K��, Main Services Agreement This Main Services Agreement governs the Customers purchase and use of EMS Technology Solutions, LLC Services. This Agreement and the purchase details of any sales order or purchase order constitute the entirs Agreement between the Parties.All terms and conditions contained in any other phormrzubsequen1orm| or written communication, including,without limitation,terms and conditions contained inCustomer's purchase order which are different from or in addition to this Agreement,are hereby rejected and shall not bo binding unthe Company,and the Company hereby objects thereto. Only amendments bothis Agreument recorded in writing and signed by an authorized individual of both Pardes hereto will be valid. Both Parties shall abide by the ontretynf the tomnnnf this Agreement and any applicable |awo, ru|ea, and reculations in connection with furnishing or using the Services.All purchased Services are for Customer use only and may not he shared with other entity orpersons. This Agreement was last updated May 17,2024,and Is effective between the Customer and Company beginning on the date of the Customer's acceptance of this Agreement. This Agreement may be accepted by 1)signing this Agreement or the Company's order form,or 2)submitting a purchase order 3) accessing Company's services. Upon acceptance,this Agreement will be legally binding on the Customer and the Company.Any individual accepting this Agreement on behalf ofan art|ty, represents and warrants that they have the legal Tight and authority[pdo so arid effectively binds such entity and its Affiliates tmthe terms of this Agreement. The SerVces may not be used with the intent to monitor availability or performance. Direct competitors pf the Company are prohibited from accessing the Services unless the Company has provided priorwri#enconsent, 1 . Definitions 1.1. "Affiliate" means any entity that directly or indirectly controls or is controlled by(i.e., retains more than SO%ownership of),mis under common control with,the subject entity. 1.2. "Agreemneot' means this Main Services Agreement. 1.3, "Confidential Information" refers to all confidential and proprietary information of a Party (^O|sdoa|ngPart/")disclosed tothe other Party(^RoneivinQPeMy^)that iu designated and clearly idendifiwdmo confidential. Notwithstanding the foregoing, Confidential Information includes all Customer Data, regardless of whether such Customer Data is designated or confirmed in writing as confidential. Confidential Information may be furnished to a Receiving Party orally(and prompty confirmed in wribrig)or in writing.Subject to the provisions of Sedon 7 below, Confidential Information (except for Customer Data)does not include any information that 1)imor becomes generally known to the public without breach of any obligation owed to the Disclosing Party, 2)wmn known to tie Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, 3)was independently developed by the May r.2oz4 Page 1orm Receiving Party without breach of any obligation owed tn the Disclosing Party, or4)breceived from o third party without breach of any obligation owed tothe Disclosing Party. 1.4. "Company" means EMS Technology Solutions, LLC, a Georgia limited liability company, 1.5. "Customer" means the entity and any of its Affiliates that have accepted this agreement. 1.6. "Customer Data"means any data and information submitted by or for the Customer to the Company. 1.7. "Equipment" means hardware and consumables that can be used with a Company Service. 1.8. "Npm-EAMS Technology Solutions Application or Equipment" means any application or equipment not created by the Company.This includes all integrated solutions and equipment. 1.0. ''Part|es" meanoboththoCompanyondCustnmarando^Pmnty''memnathaCompanyand Customer individually. Each Party includes all employees and affiliated contractors. 1.1O. °Professimna\Smm4ums'"nefenetomddUinno|Semim*sindudingsetupempenaes. nanmtehoudy training, data entry hours, onsite professional services, remote optimization services, or custom |T systems integration and development. 1,11, "Service"or"Services" refers to the licenses to the Company's management software as a service, including but not limited tn the Operative I[\management software. 1.12 "Term" means the length of time the Agreement is valid.The Term Includes the initial agreed upon duration \n addition to any extensions. 1.13. ^Usens'' refers io anyone with authorized access to the Service. 2' Company Responsibilities 2.Y. Purchased Services. Company will provide the Customer with access to the purchased licenses of the Operative |O management software for the agreed upon Term. 2.1.1. Professional Services.Professional Services,including setup expenses, remote houdy tnaining, data entry hours,onsUe professional services, remote optimization services,or custom |T systems integrations and development shall be ae specified on the quote. 2.1.1.1. Training.Remote hourly training includes dedicated time, scheduled by the Customer,for the CustomeCs operations administrators to complete interactive training onUnewdh o Company Implementation Specialist. (]noito Professional Services fees include travel expenses within the continental United States. Travel Expenses outside nf the continental United States are not included and will be invoiced upon completion of travel.Training packages are available for use up to one year from the date of purchase.Unused training hours or onsite packages will not be refunded after the one-year term has passed. 2.1.1.2. IT Professional Services. IT Professional Services projects are typically started within four weeks pf the signed Agreement date,subject to resource availability. Project timelines are clearly communicated with the Customer and the Customer agrees to engage in a timely manner for the project's duration acknowledging that the completion of the project is dependent on Customer engagement. Projects with no Customer engagement over two weeks will be put on hold and are subject to resource May r.u024 Page ourm allocation and oddibonal costs.Once projects are considered complete, any changes or additional requests are subject to revision fees, which will require an additional quote and authorized approval. 2.12. Technical Support, Company will provide 1)application support and hosting, 2)database management services forthe Service on our application servers, and 3)on-going technical and non-technical support for application users as part ofthe Service. Maintenance upgrades to the Service that are relevant to all customers will be provided at no additional charge. 2.1.3. Data Security,Company uses a Disaster Recovery as a Service (DRAAS)soMion to replicate data to a secondary datacenter for use in case of a disaster. Local databackups anaPwrfmrmeddmi|y.Thveetmanagemerdsmnvimesanddatmcentoreecurih/oreinp|aoetm further protect the computing environment and Customer Data. 2.1.4. FprceNYajeane. !fbyneaaonofanyoctnfGod. labordimpute.otMhe' |ocknut. ript. war. inability to obtain labor ormaterials, pmndemio, emrthquake,fina or other action of the elnmontmancidont. inbyrnetmeminmpnovidarhsi|u000rdw|oy.deniolcfoerviceattmck. governmental restriction or other cause beyond the reasonable control of a Party hereto (eachr a'Force Majeure Event"),either party is unable to perform in whole or in part its obligations as set forth in this Agreement,excluding any obligations to make payments hereunder,then such Party will bo relieved of those obligations to the extent itissounable to perform and such inability to perform will not make such party liable to the other Party. Neither Party will be liable for any losses,injury, delay or damages suffered or incurred by the other party due to a Force Majoure Event;provided, however, payment of any amount due hereunder shall not bo excused bya Force [NsVeoreEvent. � Q f �� ' �' °�� 0. =���|ces 3.1. Company Intellectual Property. The Company represents and warrants that the Services provided by Company under this Agreement will not violate, infringe.or misappropriate any patent, copyright, trademark,trade secret,or otherthird party rights of another party, The Customer acknowledges that the Operative IQ management software, including all aspects of all versions of the system and software, all supporting documentation,and all associated Intellectual property rights belong tothe Company.The Company holds all related patent, txademark, copyright, or trade secret interests related to Services provided. The Customer also acknowledges that the Operative IQ management software,including the software and supporting documentation,is treated by Company as its secret and proprietary information of substantial value and the Customer shall keep such information in confidence and shall not use, copy, disclose, reverse engineer, nor permit any other third party to use, copy, disclose, or reverse engineer for any purpose not specifically authorized under this agreement.All rights not gentod |n this Agreement are reserved byCompany. 3.2. Usage Restrictions.The Customer will not share the Services vAth anyone other than its Users nor shall the Customer use the Services to the benefit of anyone other than itself and its Affiliates. Customer will not use the Services for any illegal or unlawful purpose. 8.3. Customer Responsibilities.The Customer acknowledges that it will take sole responsibility for the actions of its Users, employees, and Affiliates in connection with the Services and shall use the Services only as provided in this Agreement and any Service documentation provided by the Company. The Customer is also solely responsible for the Customer Data connected Wth the Services. Customer acknowledges that the Services depend on stable, reliable internet service May r.u024 Page oof 10 and that changes hainteme access or networks can result ina loss of, Services. 3/4. Removal nfNon-Company Equipment and Applications. Ifthe Customer receives notice that a non-Company application or equipment used with a Servicels no longer lawful to operate or use,they will cease use and remove or disable the application or piece of equipment.The Customer acknowledges that they may 1)be required to provide proof of removing or disabling the application nr equipment,and 2)be removed from Company Services if they refuse to diocnntinue Illegal use uf the non-Company application orequipment. 4. Non-EMS Technology Solutions Applications and Equipment 4.1. Equipment.The Customer may purchase equipment including RHD Equipment, Bamndeand RF|O Tog Printers, BiomethoHeodnro.and ConnunnaWea as needed to operate the Service, Prices for equipment will be specified on the order and invoices are payable upon receipt. Equipment returns are accepted within 3Odays for Equipment that isin its original packaging. Used equipment or returns after the 30-day period are subject to approval and restocking fees. 42. Integrations with Third PartyApp|instions-The Services provided may integrate with u non- Company application. Company does not guarantee the Customer continued availability ofthe third-party services and are not required to provide a notice ura refund in connector with a change toathird party integrated service. 43. Warranties. Equipment sold by Company carries only those warranties opecifiodbytheir manufacturers,for the duration specified by their manufacturer,wfth no other expressed OF implied warranties. |f there ia s Customer warranty claim, Company has the option xm repair or replace the equipment but is not liable for any damage, modification or nonconformity of equipment caused by the Customer.Customer will be responsible for all regular service and maintenance ofequipment. 5. Fees and Payment 5.1. Service Fees. Requested payment and the quantity of licenses specific to each Service will be specified on the order and invoice. 52.Taxes.Prices dn not include any sales, use, mr excise tax or any other tax, duty, mx charge which is now in effect or may be imposed by any Federal, State, or other authority during the Term.All such taxes,duties, or other charges shall be assessed and paid by the Customer ot the time mf invoicing unless the Customer provides Company an exemption certificate acceptable to the appropriate authorities. 5.3 Late Fees. 1.5%of the requested payment or the maximum amount permitted by law, whichever is less,will be c1harged in addition to the requested payment as a late fee 90 days after sn undisputed payment was due. 5.4. Pricing Increases. Company reserves the right to Increase prices at the time of renewal, up to and including m maximum nf5% increase annually. 5.5. Changes in License Quantity.The quantity of licenses can be increased or decreased without penalty by contacting Company, Minimum license requirements may apply, depending on the Service selected.All changes tothe Services or Equipment must bebym written amendment or change order. 9Uch changes to the Services or Equipment will still be subject to this Agreement unless otherwise specified in the amendment or change order. May r.zD24 Page«nf10 5�. Invoicing and Payment. Electronic invoices will be provided to the Gustomer.Payment terms are annual net45. unless otherwise agreed upon terms have been indicated in the invoioe. If the Service iscancelled during the Term,the license will bo prorated tp reflect the number of months remaining in the then current Tenn. 5.7. RF|D Solutions.All RF|D Solutions require a non-cancellable purchase order and are payable upon receipt. Company reserves the right to require upfront payment for equipment and supplies as well as the right to cancel any order they believe to be fraudulent. 5.8, Professional Smm,!ces.All Professional Services require o non-cancellable purchase order and are payable upon receipt. 6' Term and Termination 6.1. Term and Renewal.The initial Term begins on the order date and lasts for one year. Upon explraticn, the Term will automatically renew for an additional year, unless terminated in accordance with Section 5.2mr Section 8.3. 6.2.Tenmination. Either Party can terminate this Agreement at any time without penalty and without cause as long as they provide written notice informing the other Party of their intent at least 30 days in advance. Company may immediately terminate this Agreement by written notice to the Customer ifthe requested payment in not paid within&O days of the due date.Both Parties reserve the right to terminate this Agreement immediately by written notice if the other Party 1) is no longer a going concern, or 2)commits or suffers any act of bankruptcy or insolvency. 0.3. Non-appropriation. Notwithstanding anything to the contrary contained herein or in the order, if the Customer's Board of County Commissioners of Customer does not appropriate the funding needed by the Customer to make payments under this Agreement for m given fiaom| year, the Customer will not be obligated to pay amounts due beyond the end of the lastffscal year for which funds were appropriated. In such event, the Customer will promptly notify the Company of the non-appropriation, and this Agr�ement will be terminated at the end of the last fiscal year for which funds were appropriated. No act or omission by the Customer which is attributable to non-appropriation oY funds shall constitute a breach ofor default under this Agreement. 8.4. Refund upon Termination. K the Customer pays for Services and terminates this Agreement, Company will promptly issue a pro-rated refund equal to the number of months remaining in the then-current Term, 8.5. Customer Data after Termination. The Customer will be provided access to a backup of their data upon written request if this Agreement is terminated for any reason.Company will retain a copy of the Customer's Data for up to one year from the date of termination unless otherwise directed by Customer or longer J required bylaw. 8.6. Sumdving Provisions.Any section nf this Agreement which requires survival after the termination hereof, including but not limited to Sections 7,8 and 9 shall survive termination or expiration of this Agreement. 7. Confidentiality May r'usw Page sorm 71 Protection of Confidential Information.Neither Party may share or use Confidential Information,without the prior written consent ofthe other Party, except*s required in performance of this Agreement nrby law(see the Compelled Disclosure Section(7.2)). Both Parties will maintain all ownership rights to their own Confidential Information.The Customer will during the Term and at all times thereafter maintain the confidentiality of all source materials and sensitive information regarding software functionality. Company may use Customer information as input data in a database where the Customer's identity shall remain anonymous, aslong as the Customer has provided prior written consent, Neither Party will make any press release or public announcement regarding this Agreement without the other Party's prior written consent, except when required by law. 7.2, Compelled Disclosure. Either Party may disclose Confidential Information of the ottier Party to the extent required by the law, if compelled by a valid order or directive from any court, government body, agency, department, political subdivision,or entity of the United States, any state, or in response to a subpoena (orsimllar instrument),or as necessary to perform or establish its obligations or to enforce its rights obligations under this Agreement.The Receiving PaTty must give prompt notice,where allowed by law,to the Party whose confidential information Is being requested of any order, directive, or subpoena prior to disclosure so that an appropriate protective order can be sought,or other action can be taken,at the Disclosing Party'a sole expense. A. Mutual Indemnification 81. |ndwmnMnoationby Company. Company will defend the Cu5oom=r from any claims, /ovoow. damages, penaltie5,judgments, and liabilities, including all reasonable related costs and expenses, that arise from any action or claim in connection with the Services, including, without |imitwtinn. that the Services infringe upon ormisappropriate any patent, copyright,trade secret, or other intellectual property right,including any third-party intellectual property tight.The Customer shall 1)give the Company prompt written notice wf any such claim, and 2)assist Company, at Company' expense, in the resolution of the claim.Company maintains the right to 1)modify the Services at its discretion to no longer infringe upon or misappropriate a third pmrt/ointo||nctua|p,operty. or2}mamoe|theCustome/sSenvimaLioensewith30dayswhtten notice and promptly refund any Customer prepaid fees.The obligations in this section only apply if the claim against the Customer specifically references a Company paid Service that is being used inan officially sanctioned manner, 8.2. Indemnification by Customer.To the extent permitted by law,the Customer will defend Company from any claims, losses,damages, penalties,judgments,and liabilities, including all reasonable related costs and expenses, brought against Company by a third party cAaiming 1) a Service was combined with a non-Company application or configuration provided by the Customer that violates copyright or intellectual property laws,or 2)the Services are being used in an unlawful way. Company will provide prompt written notice of any claim against Company by a third party and will give all reasonable assistance with respect thereto, at the Customers expense. The obligations in this section only apply if the claim does not arise from Company' violation of this contract. 83. Exclusive Remedy. This"Mutual Indemnification'section (8.1'8.3)states the indemnifying party's sole liability to the indemnified party and the indemnified party's sole remedy against the indemnifying party for any third-party claim. May r'2024 Page o"rm 9. Liability Limitation & Warranty Limitations 9.1. Limitation of Liability.THE LIABILITY OF EACH PARTY WILL NEVER EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER|N THE TWELVE MONTHS PRIOR TO THE INCIDENT FROM WHICH THE LIABILITY STEMMED.THIS LIMITATION ALWAYS APPLIES, DESPITE THE STATUS (}F THE ACTION AND REGARDLESS OF THE THEORY 0FLIABILITY. DESPITE THIS LIMITATION 0F LIABILITY, THE CUSTOMER AND ITS AFFILIATES ARE STILL RESPONSIBLE FOR THE PAYMENT OBLIGATIONS OUTILL|NED |NTHIS AGREEMENT. 92. Exclusion of Consequential and Related Damages. NEITHER PARTY WILL BE RESPONSIBLE FOR PUNITIVE DAMAGES NOR SPECIAL, PROXIMATE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING LOSS OF PROFITS AS LONG A3 THE LIABLE PARTY HAS NOT BREACHED THIS AGREEMENT. S.J. WARRANTY LIMITATION. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN, COMPANY AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL,AND MAKE NO, WARRANTIES (WHETHER EXPRESS,STATUTORY, IMPLIED OROTHERWISE ARISING }N LAW OR FROM A COURSE OF DEALING OR USAGE DFTRADE), INCLUDING, WITHOUT LIMITATION,THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE COMPANY SERVICES WILL MEET CUSTOMER'S REQUIREMENTS DR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED ORERROR-FREE. 10 Security, 10.1 Security Measures. Company deploys commercially reasonable security precautions intended k/protect against unauthorized access 10 Customer Data stored by Company, including use ofUrewaUx encryption, authentication technologies and background screenings for / Not all security risks N foreseeable, however, and C-ampany is not responsible for the consequences of security breaches that are not reasonably foreseeable and not reasonably within its control. Notwithstanding the foregoing or anything else to the contrary contained herein or in the order, Company agrees that in the event of any actual or suspected security breach, or any actual or suspected unauthorized accsom, disclosure, or use uf Customer Data, Company shall be solely responsiblefor containing such security breach, mitigating potentialrishutoaffactedindividua|o.ond immodiahah/notWying Cusbomer,affected individuals, and regulatory authorities where required bylaw, 10.2 Non-Circumvention. Neither Customer nor any Customer personnel may circumvent or otherwise interfere with any User authentication or security usedbyCompany.Customer will immediately notify Company of any breach,or attempted breach, of security that Customer knows ofnr reasonably believes to know of. May r.zoz^ Page ro,m 11. PropIrietary -Rights ?11. License by Customer to Use Feedback. Company reserves the right to make any changes to the Services, at its sole discretion, based on Customer feedback.The Customer grants Company free use of and revokes any proprietary claim tp Customers feedback, 112 License by Customer to Company. During the Term, Customer grants Company nonexc|usive,worldwide license to host, copy, use, transmit, and display any non-Company app[icatlon or program code created for or by the Customer to use with the Services. If the Customer uses a non-Company application,the Customer permits Company to provide the third party with Customer Data and information about the Customer's usage as appropriate for the programs to work together. Customer also grants Company anon-exn|msivo.worldwide license Lo use, copy'and store any Customer Data solely for the purpose uf providing the Services in accordance with the terms of this Agreement. Notwithstanding this limited license, Customer ma�nhaino exclusive ownership ofm|(Customer Data. 11.3. Federal Government End Use Provisions.Company provides the Services for federal government end use. In accordance with applicable law,the federal government has the right to use, modify, reproduce, release, perform,display,or disclose relevant commercial computer software and its related documentation and data, provided that if a federal government agency requires additional access rights,it must negotiate with both Parties to develop an acceptable addendum tn this Agreement. i �� General Provisions ' .°-' ~~�������. / �C�\/|��|oYls 12,1. Anti-Corruption. Both Parties acknowledge that they have neither given nor received any illegal o/improper bribe from the other agent of the other Party in connection with this Agreement. Reasonable gifts given in the norm@] course of business do not violate this section's restrictions. 12.2. Export Compliance.The Services may be subject tmUnited States'export|ews. Both Parties assert that they are not on any U.S.government denied-party list.The Customer acknowledges that they will not provide access to the Service tm any Users inaU.S. embargoed country o/region. 12.3. Equal Opportunity Compliance. Company will perform its obligations under this Agreement without discrimination on account of race,color, religion, national origin, ancestry,age, gender, genetic information, physical or mental disability, medical condition, marital status or veteran's status and in compliance with all applicable laws related thereto. 12.4. Relationship of Parties. Each Party is an independent contractor of the other Party. Unless otherwise authorized in writing, neither Party will operate as the legal agent of the other for any purpose and therefore has no authority to 1)make or underwrite any promise, warranty, or representation to execute any Agreement,or 2)assume any obligation or responsibility in the name ofornn behalf of the other Party. 12.5. Assignment.The rights and obligations established in this Agreement will be binding and take effect to the benefit of both Parties and their respective successors and assign. Either Party may assign this Agreement under two circumstances: 1)the Party tnansfem offices by way of merger, reorganization,consolidation, amalgamation, or as part of a transfer of all or substantially all of the assigning Party's assets,or 2)the non-transferring Party consents to the transfer, |n the event cJa transfer,the transferring Party agrees tu confirm that the transferee May r.uos4 Page uo,m will adhere to the obligations and terms dictated in this Agreement.Both Parties are required 8o Promptly give the other Party written notice of any anticipated assignment of the Agreement, 126 Notices.All notices or other communications required or permitted by this Agreement must be recorded in writing and 1)personally delivered 2)sent by facsimile(any facsimile should be promptly confirmed by personal delivery, registered oroertifiad mail,or overnight courier)ur 3)sent by a nationally recognized overrilght courier or 4)sent by registered United States mail with prepaid postage and areturn receipt requested. Notices or other communications will be considered received according to the following: 1) if delivered personally, at the time of delivery,2)if sent by facsimile,at the time the confirmation of the facsimile is provided, regardless of the method of confirmation, 3)if sent by natonally recognized overnight courier,at the time of delivery by the couder, or 4)if sent by registered or certified mail with postage prepaid and u return receipt requested, 72 hours after the postmark date. 12.7. Headings.The headings in this Agreement are for convenience only and do not affect the meaning nf the terms uf this Agreement. 12.8. Waiver.The failure of either Party to assert a right or insist the other Party compiles with any term of this Agreement does not constitute a waiver of that right or insistence nor does it excuse a subsequent failure to perform any such term by the other Party. 12.9. No Third-Party Beneficiaries.This Agreement is solely for the benefit of the Customer, Company, and their Affiliates, and do not and are not intended to create or grant any rights, contractual or otherwise,to any Mh|nd party urentity. 12.10 Severability. Both Parties acknowledge that all clauses of this Agreement are independent of the others.Therefore,if any term of this Agreement is determined to be illegal, invalid, or unenforceable under any future or present law,the conditions in quemtion will be removed, as long as the rights or obligations of either Party under this Agreement will not be materially or adversely affected,and the other condition will remain in effect to the fullest extent under the law. Each Party waives any provision of law that would render any provision prohibited or unenforceable in any respect. - 12.11. Debarment, Company hereby certifies that neither it nor its principals are presenUy debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this Agreement by any governmental department or agency. Company must notify Customer within thirty(30)days if debarred by any governmental entity during this Agreement. 12.12.Compliance with E4rwft Program.Pursuant to0.C.G.B. 0143-133.3. Company agrees thet. un|oaoitiomxmm[tby|m*.|tnhm||vnhfythmwmrbauthohzotionofitmemp|oyeesub|izing the federal E-Verify program and standards as promulgated and operated by the United States Department of Homeland Security, and it shall require its subcontractors to do the same. Upon request, Company agrees to provide Customer with an affidavit nf compliance or exemption. 1213 Governing Law and Venue.This Agreement is governed by and construed inaccordance with the laws ofthe State of Georgia,excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction.The Parties agree that the enforcement of any provision of this Agreement will be brought solely in the courts of Cobb County,Georgia. May 7'oouw Page om10 12,14. Dispute Resolution. Should a dispute arise as to the terms of this Agreement,both parties agree that neither may initiate binding arbitration. The parties may agree to non-binding mediation of any dispute prior to the bringing of any suit or action. 12.15, Governmental Immunity.Customer,to the extent applicable,does not waive its governmental immunity by entering Into this Agreement and fully retains all immunities and defenses provided by law with regard to any action based on this Agreement. May 7,2024 Page 10 of 10 "Exhibit B" Product&Pricing Schedule The agreement provides For im initial term of one(1)year,from February 7,2025 to February 6,2026,with the option to renew for four(4)mutually agreed upon one (1)-year renewal terms.The Agreement bas the potential to cover five f5)years in total. LegacyPrIcIng-MGirr Fire Resew Sitting ate 02fO7/2025-02/00/2026 Part Monthly TotaLAnnual TotalAunn Annual Total Annual Total AnTivaL Tots(Annurat Price Per Amount Amount Amount Amount Amount Description Part Number Notes Number Qua M License Monthsl FY24.25 FY 26-N FY 26-27 FY27.28 FY 2 8-2S License-Inventory and Asset Legacy Management(Per Unit) Pricing IQIOQLB 22 $ 28 50 12 7,524.00 $ 7,$24,00 $ 7,524.00 $ 7,524.00 $ 7,$24,00 License-Inventory and Asset M @ ri a gement(Per Unit p icing to r jpd Wed Legacy agreeirnentl Prlclnf IQ10018 4 $ 30-00 12 $ 1,440.00 $ 1440.00 $ 1,440-00 $ 1.44D.00 $ 1.440.00 Legacy License-Fleet MaLi ejTC_!. IQID00 22 $0.00 1 n_t $ $ $ Legacy , 4 Licerse-Fiset Ma' t!.narce'Per'le Pricing j IQ10002 39 $ 6.00 12 $ 2,340.00 p $ 2,a40.00 $ 2,340-00 $ 2,340,00 $ 2,340,00 Legacy I Icense-Service Desk(Per Department) Pricing IQ10977 1 $ 100-00 12 $ 1,200.00 $ 1,200.00 12D0.00 $ 1,200.00 S 1,20n.00 Source,jvet[-GeotabTetematicsBuiidle. GR.9 ATT Co Rugged Device OR9-LTEATT, Harness HRN--GR09K1,No Ins-,a;[,Pro Plus Service(Real.Time Active GPS Tracking,ELD,SaTety Data,Engine Data, Mi.eage,Hours.UTet�je Warranty) 20,00, 12 $ 5.520.00 $ 5,520.00 5 520.0� 520,00 5,520.00. ScurcevveU-Geotab TeternAtic-s Bundle Go9B ATT Device fG0.9-I-TMB1ATT), Harness s HRN-GSI6K22,No Install,Pro Plus Sennce(Rea I Time Act"GPS Tracking,ELD,Safety Data,Engine Data, Mileage,Hours,I-Tfp1irrieWarrarity) IQIM4 $ 9,/02.00 $ %702.00 9 02-OOJ 42 �1__L�.�2512 _p,7q. L$ 7 IL.2 J_____L_p,7q. 0 Total ..--t -7.1 $..27.726.00 $---27,72a-na J C:s:i�222-�-eo 5--zK7:2iSoo ,K—=27,72,6-aa Sourc-evvelt Coutract4020221-GED price discounts apptled- S/l/2(725 DATE(MM/DDIYYYY) ACC>RL> CERTIFICATE OF LIABILITY INSURANCE 03/17/2025 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 NAME. Joe Jay'rteS 9 Y ( 8) 353 ta g rf �5J8)266 3353 J&A Insurance A ene Inc. PHONE O q st ,,.678 266„3.,..... _...p...... ..... .._....,. 1300 Ridenour Blvd, Ste. 100 E-MAIL ainsurancea enc ADDRESS: 11�1 g Ycom INSURER S)AFFORDING COVERAGE NAIC# Kennesaw GA 30152 INSURERA; Hartford Underwriters Insurance Company INSURED INSURER B Nutmeg Ins Co (The Hartford) Ems Technology Solutions,LLC dba Operative IQ INSURIC Hartford Underwriters Insurance Company ..,.,. ..................... ...... ...... ._. ................... 3781 Tramore Pointe Pkwy, INSURFR,D Farmington Casualty Ins Co INSURERE: Hartford Underwriters Insurance Company Austell GA 30106 INSURER Twin City Fire Insurance Co. COVERAGES CERTIFICATE NUMBER. 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. _... INSt2_ .......... .TYPE OF INSURANCE ._. ... AdttL, , t1' ..... ........ ..... ..... .. oLICI"E POL 'I EI41*.... - LIMITS LTR POLICY NUMBER MMlDD MMW'D X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE X,OccuR rnm F.te:°a. ,. z°' $ 1,000,000 ,,, ....... MEU FXP(Any one Person) 5 10,000 A _ Y 20SBABC6GBS 07/18/2024€07/18/2025 pE RSONAl &ADV INJURY El 2,000 000 ® _®...® .._ _ .. C;ENI.AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 5 4000,000 X POLICY I" .. LOC PRODUCTS-COMP,OP AGG 5 4,000 000 i 0dwpFr't AUTOMOBILE LIABILITY t OMMN'E.D StINGLE LEM iT 5 1,000,000 _ffiar rorrvidceYaU... _... X j AVY AUTO BODILY INJURY(Per person) S B OWNED - SCHEDULED AUTOS ONLY AUTOS Y 20UECEL7367 07118/2024 07/18/2D25 BODILY INJURY(Per accident) S - AUTOS ONLY AUTOS ONLY _ Y 1"MERCY XiVlAdt S,. WIRED NON OWNED rra taccn r„„*rvfi X, UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 1,000,000 000 .....,. ®,_ ,,, C ExcEss LIAB cLAIMs MADEI Y 20SBABC6GBS 07/18/2024 07/18/2025 tAeeR GATE S 1,000 000 .w .. .. .. _ . .. . .... DED X RE FEN TION s 10,000 5 WORKERS COMPENSATION f X PLR 0TiI AND EMPLOYERS LIABILITY /\ TtTUTF ER111 ANY P ROPRIE FORTIAR IN LPEXEC U TIVF YFN L.L EACH A(.CIDENI 5 1,000000 D OFFICE RWEMBER EXCLUDE1 �Y� N/A UB7J299281 07/18/2024 07/18/2025 ((Mandatory in NH) E L. D 111111­ISEASE EA EMPLOYEE S 1,000,000 I1F,.CrF21F I1C)N r.,)t"Or ERATIt,u)N;,)belraw EC.L_DISEASE-POLICY L mm ._ 00,00„m -" If es describe Linder IMII' S 1,000 00() LS,l�fhIn`Sd, cloyy Errors and Omissions WW WWWWWWWW -."._www_.wwww.__.wwwwww ........�- —. �ww.per ylitch..ww_._..-__-__ww____w___..�2 000 000...wwww"_Retention limit$10,000 20SBABC6GBS 07/18/2024 07/18/2025 aggregate $2,000,000 retention innit:$10,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) F.CyberChoice First Response Policy(3rd Party Cyber Lieu.), Pol.#20MB 0349843-24, Eff,7-18-24 to 7-18-25,$2mm Combined Aggreg, limit, Data Privacy and Network Security Lialb and Expense Ins. Limit$2mm($10,000 retention limit), Digital Media Liab.limit$2mm($10,000 retention limit),. Pol,,#20SBABC6GBS Certificate Holder is also an additional insured via form farm SL 30 32 06 21 "when required by written agreement prior to a loss". Primary Non Contributory applies via form SL00001018"when required by written agreement prior to a loss".30 day notice of cancellation applies via form SL90131018 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 100 Simonton Street APPROVED r w nmpust rwrr AUTHORIZED REPRESENTATIVE P,tE " r Key West, FL 33040 Joe Jaynes,Agency Principal hemeyer-Zully@monroecounty-fl.gov WAIVER WAXYEs______ ©1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE...........�.�.�.�.�..... ..._.. .�'1� Page of AGENCY NAMED INSURED J&A Insurance Agency Ina Ems Technology Solutions,LLC dba Operative IQ ......................._...........„......................................w............�.......m...............,.,.„„..............................._........ POLICY NUMBER ...-.__.,.... ........_,�.. ----- __.............. .. .. ... - ......... ...-,,,.,.,.,,._..............--.„_.... CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ranee FORM NUMBER: 25 FORM TITLE: Certificate of iahilit„y„,In,, _„__rv„w„.,„„,_ Policy#20UECEL7367 Certificate Holder is also an additional insured via form SL HA99161221 when our insured has agreed via written agreement.30 day notice of cancellation applies. Policy#UB7J299281 30 day notice of cancellation applies. ACORD 101 (2008/01) O 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, POLICY CHANGES This endorsement forms a part of the Policy numbered below: POLICY NUMBER: 20 TJEC EL7367 SA CHANGE NUMBER: 001 THE Policy Change Effective Date: 03/10/25 HAT FOR D Named Insured: EMS TECHNOLOGY SOLUTIONS, LLC DBA OPERATIVE IQ Producer's Name: J&A INSURANCE AGENCY INC Pro Rata Factor: .356 Description of Change(s): P2TY CLLANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMTUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AT POLICY CHAN(3E EFFECTIVE DATE. FORM NUMBERS OF' ENDORSEMENTS ADDED TO THIS POLICY AT ENDOF.R.SEMENT ISSUE: SEE ABOVE FOR COMPANY NAME IH12001185 NOTICE OF' CANCELLATION Countersigned by 03/11/25 (Where required by law) Authorized Representative Date Form HM 12 01 01 07T POLICY NUMBER: 20 UEC EL7367 CHANGE NUMBER: 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION THIS ENDORSEMENT ALSO APPLIES TO THE COMMERCIAL AUTO COVERAGE PART, IN CONSIDERATION OF NO CHANGE IN PREMIUM, IT IS HEREBY AGREED AND UNDERSTOOD THAT FORM 111 03 15 IS ADDED PER THE ATTACHED COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON ST , KEY WEST , FL 33040 Form 1H 12 00 11 85 SEQ.NO. 02 Printed in U.S.A. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES This endorsement forms a part of the Policy numbered below.- POLICY NUMBER: 20 UEC EL7367 SA CHANGE NUMBER: 001 THE Policy Change Effective Date: 03/10/25 HARTFORD Named Insured: EMS TECHNOLOGY SOLUTIONS, LLC DBA OPERATIVE IQ Producer's Name: J&A INSURANCE AGENCY INC Pro Rata Factor: .356 Description of Change(s): ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOT.ZIT, CHANCES IN PREMIUM WI[,[., CHANGE FUTURE DRAW AMOUNTS. THIS TS NOT A BTLL, NO PREMIUM DUE AT POLICY CHANGE EFFECTIVE DATE, FORM NUMBERS OF ENDORSEMENTS ADDED TO THIS POLICY AT ENDORSEMENT ISSUE: SEE ABOVE FOR COMPANY NAME IAI.2001-1-85 NOTICE OF CANCELLATION Countersigned by 03/11/25 (Where required by law) Authorized Representative Date Form HIM 12 01 01 07T POLICY NUMBER: 20 UEC EL7367 CHANGE NUMBER,, 001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION THIS ENDORSEMENT ALSO APPLIES TO THE COMMERCIAL AUTO COVERAGE PART, IN CONSIDERATION OF NO CHANGE IN PREMIUM, IT IS HEREBY AGREED AND UNDERSTOOD THAT FORM IE 03 15 IS ADDED PER THE ATTACHED COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON ST , KEY WEST , FL 33040 Form IH 12 00 11 85 SEQ.NO. 02 Printed in U.S.A- TR VELERS J WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 CHANGE DOCUMENT WC 99 99 98( A) POLICY NUMBER: UB-7J2 99281-24-42-G CHANGE EFFECTIVE DATE: 03-10-25 NCCI CO CODE: 11223 INSURER: TRAVELERS CASUALTY AND SURETY COMPANY INSURED'S NAME: EMS TECHNOLOGY SOLUTIONS, LLC DBA:OPERATIVE IQ This change is issued by the Company or Companies that issued the policy and forms a part of the policy. It is agreed that the policy is amended as follows: An absence of an entry in the premium spaces below means that the premium adjustment, if any, will be made at time of audit. ADDITIONAL PREMIUM $ NIL RETURN PREMIUM $ NIL ADDITIONAL NON-PREMIUM $ NIL RETURN NON-PREMIUM $ NIL The following endorsement charge is changed on the schedule: STATE OF GA WAIVER OF SUBROGATION SEE ATTACHED ENDORSEMENT ESTIMATED PREM. ANNUAL CLASSIFICATION CODE BASIS RATE PREMIUM BLANKET WAIVER. WAIVER CALCULATION IS BASED ON CLASS CODE (S) PREMIUM X RATE 0930 9653.0 0 .02 0 Item 3-D Form Number is replaced: WC 99 03 C3 00 SPECIAL PROVISIONS ENDT Item 3.D Form Number is added: WC 99 06 R3 00 - 001 NOTICE OF CAN TO DESIGN PERSONS OR ORGAN DATE OF ISSUE: 03-12-25 AS CHANGE NO: 2 PAGE 1 OF 1 POL. EFF. DATE: 07-18-24 POL. EXP. DATE: 07-18-25 OFFICE: ATLANTA GA 005 PRODUCER: J & A INS AGENCY INC CJN44 COUNTERSIGNED AGENT ' " �� �- WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 89 06 14(00)— POLICY NUMBER: UB-7J299281-24-42-G POLICY INFORMATION PAGE ENDORSEMENT Item 3.D. Endorsement numbers is changed to read: WC 99 03 C3 00 WC 99 06 R3 00 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED, DATE OF ISSUE: 03-12-25 ST ASSIGN: AW T ": �/�`iL�'i � WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 03 C3 (00)— POLICY NUMBER: UB-7J299281-24-42-G SPECIAL PROVISIONS ENDORSEMENT STATE APPLICABILITY The listed endorsements are only applicable in the following states: WC 00 03 08 (00) -001 PARTNERS OFFICERS AND OTHERS EXCL ENDT APPLIES TO STATE(S) : FL GA WC 00 03 13 (00) -001 WAIVER OF OUR RIGHT TO RECOVER APPLIES TO STATE(S) : FL GA WC 00 04 06 (00)-001 PREMIUM DISCOUNT ENDORSEMENT APPLIES TO STATE(S) : GA TX WC 00 04 14 ( A) -001 NOTIFICATION OF CHG IN OWNR ENDT APPLIES TO STATE(S) : FL GA TX WC 00 04 21 ( F) -001 CATASTROPHE (O/T CERT ACTS OF TERR) ENDT APPLIES TO STATE(S) : GA WC 00 04 22 ( C)-001 TERRORISM RISK INS PROG REAUTH ACT ENDT APPLIES TO STATE(S) : GA TX WC 00 04 24 (00) -001 AUDIT NONCOMPLIANCE CHARGE ENDORSEMENT APPLIES TO STATE(S) : GA WC 00 04 25 (00)-001 EXPER RATING MOD FACTOR REVISION ENDT APPLIES TO STATE(S) : GA TX WC 09 03 03 (00) -001 FL EMPLRS LIAB COVERAGE ENDT APPLIES TO STATE(S) : FL WC 09 04 03 ( C)-001 FL TRIPRA ENDORSEMENT APPLIES TO STATE(S) : FL WC 09 04 07 ( A) -001 FL NON-COOPERATION WITH PREM AUDIT ENDT APPLIES TO STATE(S) : WC 09 04 09 (00) -001 FLORIDA PREMIUM DUE DATE ENDORSEMENT APPLIES TO STATE(S) : FL WC 09 06 06 (00)-001 FL EMPLOYMENT AND WAGE INFORMATION REL. APPLIES TO STATE(S) : FL WC 09 06 07 ( A)-001 FL WC INS GUARANTY ASSOC SURCH NOTIFIC APPLIES TO STATE(S) : FL WC 10 06 01 ( C) -001 GA CANC NONRENEWAL AND CHANGE ENDT APPLIES TO STATE(S) : GA WC 42 03 01 ( L) -001 TEXAS AMENDATORY ENDORSEMENT APPLIES TO STATE(S) : TX WC 42 03 04 ( B) -001 TX WAIVER OF OUR RIGHT TO RECOVER APPLIES TO STATE(S) : TX WC 99 04 08 (00) -001 PREMIUM DISCOUNT ENDORSEMENT APPLIES TO STATE(S) : FL GA WC 99 04 28 (00) -001 PREMIUM MANUALS AND DUE DATE ENDORSEMENT 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 Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by DATE OF ISSUE: 03-12-25 ST ASSIGN: Page 1 of 2 � ��� � WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ONE TOWER SQUARE HARTFORD CT 06183 ENDORSEMENT WC 99 03 C3(00)— POLICY NUMBER: UB-7J299281-24-42-G SPECIAL PROVISIONS ENDORSEMENT STATE APPLICABILITY The listed endorsements are only applicable in the following states: APPLIES TO STATE(S) : GA WC 99 06 R3 (00)-001 NOTICE OF CAN TO DESIGN PERSONS OR ORGAN APPLIES TO STATE(S) : GA DATE OF ISSUE: 03-12-25 STASSIGN: Page 2 of 2 WORKERS COMPENSATION TRAVELER.SJ AND EMPLOYERS LIABILITY POLICY ONE TOWER SQUARE HARTFORD CT 06183 ENDORSEMENT WC 99 06 R3 (00) - o01 POLICY NUMBER: UB-7,T299281-24-42-G NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX—CONDITIONS : Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organiza- tion before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations: Number of Days Notice MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 30 1100 SIMONTON STREET KEY WEST FL 33040 All other terms and conditions of this policy remain unchanged. 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 Policy No. Endorsement No. Insured Premium$ Insurance Company Countersigned by DATE OF ISSUE: 03-12-25 ST ASSIGN: Page 1 of 1 ©2013 The Travelers Indemnity Company All rights reserved Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with:Siemens ._� Contract# Effective Date: 2/25/26 Expiration Date: When completed Contract Purpose/Description: Turnkey building management system (BMS)solution for the Lester Building Front 1st Floor Renovation Project. The renovation project construction schedule is expected to start in April and be complete by the end of July. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Stan Thompson 4524 (Name) (Ext.) Department/Stop#) CONTRACT COSTS Total Dollar Value of Contract: $ 81,170.30 Current Year Portion: $ 81,170.30 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the too eumnaala.tive arniount is $100,000.00 oar less) Budgeted?Yes No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: 304/24017/00036 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES Z NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: Dlgltally aipad by Kavn G.Wile-,P.E. Date.2026.02.2417.18.55 05'00' Jose h X. DiNovo Digitally signed by Joseph X.DiNovo County Attorney Signature: p Date:2026.02.25 12:41:48-05'00' Gaelan P Jones Digitally signed by Gaelan P Jones Risk Management Signature: Date:2026.02.26 08:59:39-05'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.02.27 11:34:22-05'00' OMB Signature: John Quinn Date:202ly 6. 2.27ed John Quinn Date:2026.02.27 13:23:47-05'00' Comments: SIEMENS PROPOSAL Lester Building Front 1 st Floor Renovation PREPARED BY Siemens Industry, Inc. ("Siemens") PREPARED FOR MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DELIVERED ON February 24, 2026 SMART BUILDINGS Transforming the Everyday r�mv�ma5r 7 �i' � r r j �ino aiio,�rl f P ��YYlwlmrnnrl�r reng TMrm+ ffi Y� i � Pi ����1� ; i �r1rtJ//ro r�F,ryir�rsrsssi rxrrrriitywr�ry rlrlr�,rry?rr, �( e ! �'/!u/vr//�rrw nr �91 J�lr>4nDrr J7�t o��fw�rowfi8/13P1� �� ,•: � � �'� ��I�� J P ,�,�, fiiw'7 l�ry�ni ,7f� f�, /,llf7rrU»nr ii� i,i�i!ermer iiv aiedrrttsini n!/�, a P I � uuouuuuuu Y�� I If r 1 � � _, wY,W�WW, �ylwrypfgPN2 71wY�w"JAf 9ffiMY,fIIyf ��� �J SIEMENS Table of Contents SIEMENSPROPOSAL ....................................................................................................... 3 Contact Information .............................................................................................. 3 Scopeof Work ....................................................................................................... 4 Inclusions.............................................................................................................. 6 Exclusions ............................................................................................................. 7 Clarifications ......................................................................................................... 8 Sell Price............. Pricing Breakout Page 1 ....................................................................................... 10 Pricing Breakout Page 2 ....................................................................................... 11 PaymentTerms.................................................................................................... 12 TERMSOF SALE ............................................................................................................ 13 Siemens Terms of Sale (STS) ............................................................................... 13 SignaturePage............................................................................................................. 14 SignaturePage .................................................................................................... 14 Page 2 of 14 SIEMENS Contact Information Proposal #: 10402871 Date: February 24, 2026 Sales Executive: Bradley Ayres Branch Address: 3021 N. Commerce Parkway Miramar, FL, FL 33025 Telephone: (561) 254-8299 Email Address: bradley.ayres@siemens.com Customer Contact: Chrissy Collins Customer: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Address: 1100 SIMONTON ST KEY WEST FL 33040-3110 Services shall be provided at: LESTER BUILDING 530 WHITEHEAD ST KEY WEST FL 33040-7098 Page 3 of 14 SIEMENS Scope of Work Siemens Industry, Inc. ("Siemens") proposes our turnkey building management system (BMS) solution for the Lester Building Front 1 st Floor Renovation Project in Key West, Florida. The renovation project construction schedule is expected to start in April and be complete by the end of July. Furnish and install the Siemens Building Management System (BMS) in accordance with the drawings and specifications dated 10/31/2025 by K2M Design. Detailed Scope of Work The following list of equipment shall be controlled and/or monitored by the BMS: 1 VAV Air Handling Unit(AHU)with DX Coils and Supply Fan ECM in 1st Floor Mechanical Room 2 Condensing Units(CU)on Roof 15 Variable Air Volume(VAV) Boxes with Electric Reheat in Office Space 1 Exhaust Fan (EF)with Damper The following equipment/systems will be controlled and/or monitored by the Siemens BMS as described. VAV Boxes w/Electric Reheat (15) • Siemens to provide field mounted controls on VAV boxes, and field FLN communication wiring. The following is a list of the controls, monitored and controlled by Siemens. Siemens shall reuse the existing controls that were recently installed on ten (10)VAV boxes that shall be removed as part of this project. • DXR Equipment Controller with Damper Actuator • Room Thermostat with Humidity Monitoring • Discharge Air Temperature Sensor • Airflow Sensor • Electric Reheat Control (SCR) Exhaust Fan (1) • Siemens to wire the following to the AHU controller, for monitoring and control: • Start/Stop • Status • Exhaust Air Two-Position Control Damper Actuator with Status Condensing Units (2)-Two Cooling Stages Each • Siemens shall control the CUs from the new AHU controller using the factory supplied Y1 (Stage 1), Y2 Page 4 of 14 SIEMENS (Stage 2), and C (Common) low voltage terminal board of each Condensing Unit (CU). The CU manufacturer shall be supply a factory mounted Lead/Lag Control Board that shall provide control logic to the compressors including swapping of which compressor is tied to Y1 (equalizing runtimes) and anti short cycle timers. The mechanical contractor shall run plenum rated low voltage control wiring along with their refrigerant piping from the mechanical room to the roof CUs. Air Handling Unit(1) • Siemens shall install a new BACnet/lP PXC Controller in the 1 st Floor Mechanical Room. A new enclosure and service box shall also be provided. Siemens shall included the following control points, sensors, actuators, relays, safeties, switches: • Supply Air Temperature • Supply Air Duct Static Pressure • Supply Air High Static Cutout • Return Air Temperature • Mixed Air Temperature • Outside Air Flow Monitoring Station • Supply Fan ECM Board Hardwired Control - Start/Stop, Speed (0-10V signal), Status • Filter Status (Analog Pressure) • Cooling Stage Control (4 Stages) • Outside Air Modulating Control Damper Actuator with Status • Return Air Modulating Control Damper Actuator with Status • Supply Air Duct Smoke Detector— Status Monitoring Only • Return Air Duct Smoke Detector— Status Monitoring Only • Refrigerant Monitor System Status Monitoring and Mitigation Page 5 of 14 SIEMENS Inclusions 1. Labor to provide Siemens standard submittals/ record documents • System architecture (Siemens BACnet IP & MSTP) • Network address schedule • System flow diagrams • Control installation / wiring diagrams • Control & Component Panel layouts • Equipment/ Instrumentation datasheets • Point database • Programming 2. Labor to provide removal and salvage of existing controls in affected areas before demolition begins 3. Labor to provide installation and wiring, to include: • BMS conduit as specified • BMS control and interlock wiring • Plenum wiring above ceilings 4. Labor to provide Siemens standard startup &checkout • Point database verification • Point-to-point • Loop checks • Sequence verification 5. Labor to provide Siemens project management, to include the following: • BMS project scope only and associated meetings and coordination as required by project schedule (not full-time project manager) • Project meeting attendance (via Teams) • Project documentation requirements • Coordination with trades • Subcontractor management • Material ordering and delivery coordination • Project turnover documentation support 6. Labor to provide 4 hours test and balance (TAB) support 7. Labor to provide 4 hours of Owner training 8. 1-year parts and labor warranty on new controls upon beneficial use of systems Server/Workstations/Network 1. The County's existing Desigo CC BMS shall be reused 2. Siemens to provide development of the following: • Graphics (Floor Plan, AHU/CUs, VAVs) • Trends, Alarms, Remote Notifications • Updates to HVAC Analytics Page 6 of 14 SIEMENS Exclusions 1. Control dampers 2. A2L refrigerant monitor system 3. Space occupancy sensors 4. Permit fees 5. Solenoid valves for refrigerant lines 6. Lighting controls 7. Repairs to existing controls in the Lester Building 8. Removing, replacing, cutting, patching, or painting of ceilings or walls 9. Roof penetrations, access doors and fire caulking 10. Site cleanup crews and or additional labor for site cleanup of non-Siemens work 11. Overtime 12. After hours work 13. 3rd party commissioning assistance 14. Asbestos abatement, and work within asbestos areas 15. Additional testing due to others 16. Costs associated with multiple trips to the jobsite due to incompletion by others 17. Damage by other contractors 18. Any consequential damages, loss of use, loss of revenue, and any third-party consequential damages 19. Performance or Payment bonds 20. Per project aggregate general liability insurance 21. Professional liability insurance 22. Errors and omissions insurance 23. Bonding or special insurance 24. Owner Controlled Insurance Program (OCIP) 25. Owner provided insurance 26. Certified payroll 27. Wage scale or Davis-Bacon wages 28. Power wiring to all AHU control panel 29. Ethernet drop to AHU control panel for communication to the front end 30. Motor starters, disconnects, HOA switches, or contactors 31. Networking, wiring, and conduit between buildings. 32. Furnishing, installing, or wiring of duct smoke detectors 33. Furnishing and/or wiring to fire, smoke or combo fire/smoke dampers 34. Wiring for fire alarm shutdown of HVAC equipment 35. Furnishing or installation of Variable Frequency Drives (VFDs) or ECMs. 36. VAV box control transformers and controller enclosures 37. Installation of refrigerant pipe/line mounted devices 38. Installation of dampers 39. Temporary or standby labor and services Page 7 of 14 SIEMENS Clarifications Required in advance of Start-up and Commissioning • Power to mechanical equipment and AHU controller • Network connectivity • Moving air in ductwork • VAVs electric reheat available • Conditioned air available If these utilities are not available in the timeframe indicated this may result in delays to achieve project milestones, or an increase in the contract amount due to incurring additional charges to cover overtime or additional manpower. Additional Clarifications 1. Control dampers to be provided and installed by mechanical contractor 2. The project includes the tie in of the associated BMS system to the existing Siemens BMS front end workstation and will be Desigo CC 3. The AHU ECM control board is to be provided by equipment manufacturer, and mounted, started and wired by others. Siemens to only provide and install point control wiring from the AHU controller to the ECM control board to control speed of the fan 4. The CUs' Lead/Lag (internal) Control board and low voltage termination board (Y1, Y2, C) to be provided, installed, and wired by equipment manufacturer. 5. The mechanical contractor shall run two pairs of plenum rated low voltage control wiring cable along with their refrigerant piping from the mechanical room to the roof for control of the CUs. Siemens shall provide connections and terminations at the CUs low voltage termination board (Y1,Y2, C) and the AHU Mechanical Room Controller. 6. All controls dampers are to be provided and installed by the mechanical contractor. Siemens shall provide and install actuators 7. VAV box manufacturer to furnish controls transformers and enclosures 8. Control wiring shall be run in conduit where exposed. Control wiring shall be run using plenum rated cable without conduit in concealed accessible locations and above lift-out ceiling 9. All wiring above 24V will be provided by Electrical Contractor 10. The owner will need to provide IP drop to the Siemens AHU control panel 11. Lighting controls provided by others 12. Owner to provide Ethernet connection to Network Interface Panels 13. A2L Refrigerant Monitor System shall be provided and installed by others. Siemens has included point control wiring to monitor the status 14. Outside air flow measuring station furnished by Siemens and installed by others Page 8 of 14 SIEMENS Sell Price Total Quote Price $81,170.30* This price is firm for 30 days from the date of this proposal. *Siemens reserves the right to adjust prices to reflect the impact of any new or modified taxes, duties, tariffs, or equivalent measures, whether direct or indirect, imposed by any U.S. or foreign governmental authority that are applicable to our offering, including any hardware, software, or service components contained therein. Page 9 of 14 SIEMENS Pricing Breakout Page 1 Siemens Material Part Number Description Qty List Price Per Sell Price Per Extended Sell 141-0574 AIR FLOW SWITCH .05-1.0 WC 1 $ 275.36 $ 110.14 $ 110.14 141-0575 AIR FLOW SWITCH.05I12 MAN RESET 1 $ 309.32 $ 123.73 $ 123.73 269-062 PR269 ACCESSORY,SENSING TUBE 4 $ 75.09 $ 30.04 $ 120.14 544-339-18 QAM2013.045 PNT TMP,1 K OHM 2 $ 127.27 $ 50.91 $ 101.82 544-342-16 QAM2013.500 AVG TMP,1 K OHM 1 $ 338.86 $ 135.54 $ 135.54 A71`30048853 Xfrmr 1 20124 1 00VA WICB 2 $ 103.90 $ 41.56 $ 83.12 A71`30057285 Current Sw,Split,Pre-Set Adj,1-150A 2 $ 63.40 $ 25.36 $ 50.72 DXR2.M1 2P-1 02B DXR2.M12P Room Automation Station 5 $ 1,094.77 $ 437.91 $ 2,189.54 GCA161.1P MOD(V) SR,24V, MED. PLNM 2 $ 1,084.91 $ 433.96 $ 867.93 GCA226.1U 2 PTSR,115V,MEDIS 1 $ 1,065.39 $ 426.16 $ 426.16 GDE131.1 P ACT NSR PLENUM 241108L 5NM 5 $ 263.68 $ 105.47 $ 527.36 PXA-ENC19 ENCLOSURE ASSY 19" 1 $ 1,444.01 $ 577.60 $ 577.60 PXA-SB1 15V1 92VA SERVICE BOX 115V, 24VAC, 192VA 1 $ 1,585.35 $ 634.14 $ 634.14 PXC5.E24.A PXC5.E24.A COMPACT BACnetIIP 1 $ 7,405.08 $ 2,962.03 $ 2,962.03 QAM2030.010 DUCT POINT TEMP, 1 OK OHM 15 $ 69.81 $ 27.92 $ 418.86 S55624-H143-A QMX3.P44 TIRH-Sensor&Room Unit 5 $ 626.67 $ 250.67 $ 1,253.34 RIBU1 C RIB 120VAC 24VACIDC SPDT 6 $ 33.40 $ 13.36 $ 80.16 S55720-S526 QBM3230U5D Pressure Sensor 1 $ 455.96 $ 182.38 $ 182.38 Sub-Total $ 10,844.72 Outside Material Part Number Description Qty Cost Per Sell Price Per Extended Sell R-9999 Ebtron Gold AFMS 12"x 12" 1 $ 1,103.38 $ 1,820.58 $ 1,820.58 R-9999 Misc. Electrical Installation Material 1 $ 2,100.00 $ 3,465.00 $ 3,465.00 Sub-Total $ 5,285.58 Siemens Labor Company Name Service Provided Extended Sell Siemens See Attached Labor Detail Sheets $ 65,040.00 Sub-Total $ 65,040.00 Sell Price $ 81,170.30 Page 10 of 14 SIEMENS Pricing Breakout Page 2 Siemens Labor Detail (Remote) Job Title Rate Type Hours Remote Extended Sell Building Automation Technician Monday-Friday(Normal Business Hours) 16 $ 182.40 $2,918.40 Project Manager Monday-Friday(Normal Business Hours) 27 $ 230.40 $6,220.80 Application/General Engineer Monday-Friday(Normal Business Hours): 43 $ 225.60 $9,700.80 Design, Graphics, Programming Labor Sub-Total $18,840.00 Siemens Labor Detail (On-site) Job Title Rate Type Days Daily On-Site Extended Sell Building Automation Technician Monday-Friday(Normal Business Hours) 6 $ 2,200.00 $13,200.00 Service Mechanic Fitter Monday-Friday(Normal Business Hours) 0 $ 2,200.00 $0.00 Electrical Installer Monday-Friday(Normal Business Hours) 14 $ 2,200.00 $30,800.00 Project Manager Monday-Friday(Normal Business Hours) 1 $ 2,200.00 $2,200.00 Application/General Engineer Monday-Friday(Normal Business Hours) 0 $ 2,200.00 $0.00 Labor Sub-Total $46,200.00 Page 11 of 14 SIEMENS Payment Terms Payment Terms Acceptance Agreement The total price of: $81,170.30 and the estimated return on investment are based on the items outlined in this proposal. ANY STATEMENTS MADE HEREIN REGARDING SAVINGS THAT MAY BE ACHIEVED BY IMPLEMENTING THE SERVICES OFFERED IN THIS PROPOSAL ARE ESTIMATES ONLY. NO WARRANTY, EITHER EXPRESSED OR IMPLIED, SHALL BE CONSTRUED TO ARISE FROM SUCH STATEMENTS, NOR SHALL SUCH STATEMENTS BE CONSTRUED AS CONSTITUTING A GUARANTEE BY SIEMENS THAT SUCH SAVINGS WILL OCCUR IF THE SERVICES ARE IMPLEMENTED. The Buyer acknowledges that when accepted by the Buyer as proposed by Siemens Industry, Inc., this Proposal and the Siemens Buildings Projects Business Standard Terms and Conditions, (together with any other documents incorporated into the forgoing) shall constitute the entire agreement of the parties with respect to its subject matter. BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE BUYER. Proposal is valid for thirty(30) days from the delivery date of February 24, 2026. Payment is due within 30 days of invoice date. Payment Terms:25% mobilization in advance,progress payments thereafter Total:$81,170.30 Siemens Industry, Inc. invoices paid by credit card may be subject to a surcharge of up to 2%. Page 12 of 14 SIEMENS Siemens Terms of Sale (STS) t3ase ferrns(......Un......ited..States} .................................................. .......................................... Buyer agrees that Siemens shall be authorized, at its discretion and without consent, to utilize any of its world-wide affiliates to perform (subcontract) work under this Agreement. (Buyer agrees that) Buyer's data may be viewed or accessed from outside the United States by Siemens world-wide affiliates. Buyer data may be stored and/or accessed in the United States or other countries in which Siemens or our (subcontract) affiliates operate. Price Escalation. If, during the term of this Contract, the price of various materials or labor or logistics are increased as reflected by CRUIIHS Markit/CMAI/COMEX market index, then Siemens may increase the Contract Sum or apply a surcharge to Customer accordingly. To the extent applicable,the following Supplements are incorporated and made part of the Siemens Terms of Sale: Solutir�ns_SupplemnLal Cerrrrs The order of precedence is stated in the Base Terms (United States). To the extent the Offerings are purchased through an existing master or frame agreement, the terms and conditions of that agreement shall apply instead of the Siemens Terms of Sale. The Terms and Conditions of this proposal are those in the Master Agreement between Monroe County, Florida and Siemens Industry, Inc., and are considered part of the proposal. Siemens reserves the right to adjust prices to reflect the impact of any new or modified taxes, duties, tariffs, or equivalent measures, whether direct or indirect, imposed by any U.S. or foreign governmental authority that are applicable to the Offerings, including any hardware, software, or service components contained therein. Siemens is entitled to amend these terms and conditions at any time without prior notice. Previous and Retired versions of Base Terms & Supplemental Terms can be found here: www.siemens.com/terms-of-sale Page 13 of 14 SIEMENS Signature Page Proposed by: Accepted by: Siemens Industry, Inc. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Company Company Bradley Ayres Christine Hurley Name Name (Printed) y Digitally signed by Christine Hurley 10402871 Christine Hurle Date:2026.03.02 12:24:25-05'00' Proposal # Signature $81,170.30 County Administrator Proposal Amount Title February 24, 2026 2/27/26 Date Date Purchase Order# ❑PO for billing/pnnnt only ❑PO not required MONROE COUNTY ATTOMNEYS OFFJCE APPROVED AS TO FORM r / `, AT*610VO WANT COUNTY ATTORNEY DATE; 2-5 Page 14 of 14 ID,ATE QMM0D•YYYY) AC"RL> CERTIFICATE OF LIABILITY INSURANICE 1073&2o25 THIS CERTIFICATE IS ISSUED AS A (MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOE'S 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 Iprovisions,or be endorsed. If SUBROGATION IS WAIVED, subjiect to the terms and conditions of the policy, certain policies may requlire an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of sulch enidorsement(s). PRODUCER CONTACT MARSHI USA,ILLC. NAME: 445'SOUITIH STREET AjCOINN Ext: FAX NO): MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: INSURIER(S)AFFORDING COVERAGIE. NAIL A. GN102147003-RAM-PROF-25126 4433 CRAM NOC60 IMSURERA: Zurich AmerlcanInsurame Company 16535 IM'....SUREI[)SIEMENS INDUSTRY',IINC. INSURER B: Travellers Property Casualty Co.ofAmerica 25674 1000 DEE,RFIELD PARKWAY INSURER C: NIA NIA BUFFALO GROVE,IIL 600894513 INSURER D: Travellers Casually&Surety Company 19036 INSURER E: INSURER F: COVERAGE'S CERTIFICATE NUMBER., NYC-009118I1304-30 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 TYPE OF INSURANCE POLICY IEFIF POLICY IEXP LIMITS LTR INSD W VD POLICY NUMIBER (MAIM MI'CAE Y MMNDDNYYY A X COMMERCIAL.GENERAL LIABILITY G�LOD444023-00 1010112025 10M112026 EACH OCCURRENCE $ 1.13043,000'. CLAIMS-MADE FxI OCCUR PREMISES Ea occurrence 1,000,000 MED EXIP(Any one person) 1043 00OO PERSONAL&ADV INJURY 1.13043,000' GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 1 0: '0'':'6'60'' POLIICY JI PROECT- ILOC PRODUCTS-COMIPFOP AGG INGL OTHER: B AUTOMOBILE LIABILITY TG2J-CAP7440L34A.-TIIL-25 1010112025 1M0112026 COMBINEDSINGLIE(LIMIT � Ea accidexrrt 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ N1A. X OWNED SCHEDULED BODILY INJURY(Per accident) $ N1A. AUTOS ONLY AUTOS HIRED NONOWNED PROPERTY DAMAGE ( .AUTOS ONLY AUTOS ONLY n SK WAR r Per accidea rt NIA. UIMABRELLALIAB OCCUR MY EACH OCCURRENCE P7A'r'F.._._._..... ., .._........y.. EXCESS LIAB CLAIMIS-MADE 4YfJ AGGREGATE $ DED RETENTION$ B WORKERS COMPENSATION UIB-6PB3929A-25-51',-K(AOS) 10I0112025 1OI01I2026 X STATUTE ERTH AND EMPLOYERS"LIABILITY D AMYPiz.'OPRIETORIPARTNERfEXEOUTIVE Y f M IUIB$P792;3A-25-51'.,-R(AZ,I4(J, I) 1�OVI 1P2Q725 1�01I.I1P'21 215 E L EACH ACCIDENT $ 1�'0','6'61 B OFFICERIMEMBEREXCLUDED7 N NIA (Mandatory in NH) T41IXJ-UB 7440L3381 IL 25((3Qi) 10I0112025 10I01I'202fi E L.DISEASE EA EMPLOYEE $ 1,CM00.000 If yes,describe a ender """-1500K LIMIT 1'$500K'SIR"""'"'" 1500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL LIABILITY EOC3245TOl-00 1010112025 1M0112026 Limiit 1,000,000 SIR 1,000,060 DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES QACORD 101,Additional..Remarks ScheduMe may be attached if more space is.required) RE:JOB NO.INA. SEE ATTACHED CERTIFICATIE HOLDER CANCELLATION MONROE COUNTY BOGC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES IBE CA,NCEILLED BEFORE INSURANCE COMPLIANCE THE EXPIRATION (DATE THEREOF, NOTICE WILL IBE DELIVERED IIN 1111 12TH STREET,SUITE 408 ACCORDANCE'WITH THE POLICY PROVISIONS. KEY WEST,FL 33040 AUTHORIZED IREPRESENIATIIVE of Marsh USA LLC. O'1988-201I6 ACORD CORPORATION. All rights reservedl. ACORD 25(201I6103) The ACORD name and logo are registered masks of ACORD AGENCY CUSTOMER ID: CN11021147003 LOC#: Mordstowin AC"RL> ADDITIONAL, REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED If NSU RED MARSH USA,LLC. SIEMENS INDUSTRY,INIC. 10D)DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE,IL 60089-4513, CARRIER NAIL CrUQE ]EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liabifity Insurance Cyber Carrier Steadfast Insurance Company Pdiicy Term:10MI2026-1WO112026 RE JOB N101.NA. IMONROE COUNTY 13,00C IS HEREBY ADDITIONAL IIINSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. WAIVER OF SUIBROGATI,ON IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT- IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIIUIM,THE IIINSIURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS,PRIOR TO THE CANCELLATION OR AS,REQUIRED BY WRITTEN CONTRACT,WHICHEVER IS(LESS.. ACORD 101 (2008101) lJ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NAME: SIEMENS CORPORATION POLICY EFFECTIVE: 10-01--2 a TO 10-01-26 COMMERCIAL AUTO POLICY NUMBER: TC2J--CAP-744OL3 4A-TIL--25 ISSUE DATE: 09-0 -2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer c f required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or"loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 02015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 9 Waiver Of Subrogation (Blanket) Endorsement Z R C H Policy No. Eff Date of Pal. I Exp. Date of PoL I Eff.Date of End. Producer Add'L Pre= Return Prem. GLOO444023-00 10/01/2025 1 10/01/2026 1 10/01/2025 10099-000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a loss,to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest ❑-GL-925 B CW(12/01) Page 1 al NAMED INSURED: SIEMENS CORPORATION POLICY EFFECTIVE: 10-01-25 AIM TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)- POLICY NIUMBER: UB-8P83929A-25-51-K WAIVER OF OUR IRIGHT TO RECOVER FROM OTHERS IENDORSE,MENT 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 indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE': 09-08-25 ST ASSIGN: