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Home My WebLink AboutItem 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 June 10, 2026 Agenda Item Number: S2 26-32235 BULK ITEM: Yes DEPARTMENT: Administration TIME APPROXIMATE: n/a STAFF CONTACT: Lindsey Ballard- 305292-4443 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: No 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: No If yes, amount: Grant: No County Match: No ).tll°hI i)d-,�,4lllJ.l\J G G, N1N1.11 `,IQSN" I"I ll: 6 IIA"� kl`J I,I Nd'hP"l,/'\i. ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Sparkchaser of Key West,�Contract# Effective Date: Upon Execution Expiration Date: 45 days from NTP Contract Purpose/Description: All services needed for connecting the existing 100A Load Center serving the IT(Information Technology) room to the existing generator system that supports Jackson Square. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Chrissy Collins 305-304-9711 Collins-Chrissy@MonroeCounty-FL.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 73,868.57 Current Year Portion: $ 73,868.57 (must be$100,000 or less) (1f multiyear agreement then requires BOCC approval, unless the total a rrlt�fla vc r�rrtarl,tnb6.?s i,V00,00.610 or less) Budgeted?Yes❑✓ No❑ Grant: $ NIA County Match: $ N/A Fund/Cost Center/Spend Category: 304-24005-00036 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 0 NO ❑ CONTRACT REVIEW Reviewer Department/Office Director/ Signature: William DeSantis �- Assistant Director Joseph X. DiNovo Digitally signed by Joseph X.DiNovo County Attorney Signature: Date:2026.04.2810:02:26-04'00' Risk Management Signature: Jaclyn Flatt Date1lysign4.28ed 12 58 34-0dyn t Date:2026.04.28 12:58:34-04'00' Julie E. Cuneo Digitally signed by Julie E.Cuneo Purchasing Signature: Date:2026.04.30 14:5027-04'00' (email contracts@monroecounty-fl.gov) Digitally signed by Angelica Malmsky OMB Signature: Angelica Malcosky Date:2026.04.3015:02:28-04'00' (email OMB@monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 .. III (''X)MMISSIONERS FOR COIII EX �: ;" XIS� . I LOAD CENTER i Mayor, Michelle Lincoln, District 2 Mayor Prc) ,rern David Rice, District 4 Holly Merrill Raschein, District Oerk of the Circuit Cc�un FacHk�es Maintenance Director Page I cad'3 Monroe County Facilities Management General Scope of Work Job Name: CONNECT EXISTING 100A LOAD CENTER TO EXISTING GENERATOR SYSTEM Job Location: Jackson Square Contact: William DeSantis Willia eSantis DeSan tis-W i Ilia m�`4,,Mon roeCoH n I-FL.Gov 305-363-9200 "Non — Mandatory Prebld Walkthrough" Monday, March 16, 2026 2:00prn Jackson Square 500 Whitehead St Key West, FL 33040 ............................................................................................ . ......................................................... NOTICE IS HEREBY GIVEN that Monday, March 23, 2026 3:00 P.M. is the deadline for the Monroe County Department of Facilities and Project Management to receive quotes for the following: CONNECT EXISTING 1100A LOAD CENTER TO EXISTING GENERATOR SYSTEM KEY WEST, FLORIDA Requirements for submission may be found on the County"s electronic bidding platform at htt s.,/,,moiiroecourit '-fl.botifireliub.com OR wwwmonro!� un 'gov,(Bon fireB ids The Public Record is available upon request. The Monroe County Department of Facilities and Project Management receives quotes via the Bonfire electronic bidding platform. Please do not e m a i 1, mail or attempt to deliver in person any quotes. Emailed/mailed/physically delivered quotes/proposals/responses WILL NOT be accepted. The Monroe County Department of Facilities and Project Management hereby directs that quotes be submitted via the Bonfire electronic bidding platform at fl,bonfirehUb.com, no later than Monday,March 23,2026,at 3:00 P.M. There is no cost to the respondent to use the Bonfire platform. Page 2 of 32 PROJECT OVERVIEW PRO Epp ECTENTENT AND SCOPE I GENENAL WFIQU I REM r,,.Nrrs 1. Project ()verview A. Enter into as contract with a qualified Contractor to pro%6de all services needed fbir connecting the existing 100A Load Centeir seirving,the roonn to the existing generatur systern that sqpports Jackson Squarol.1% The terrn of this coritract shalf cominence within "Yen (10), calendar(lays after the date c&isaimrice to the Lgrindersigned by, the Owner of the Nofice to Proceed/Piurchase Orderf'Fask Order. Once commenced, the Undersigned shaH dkigently continue p.vrforrnance LHIAH cornpk�floin of' the ProJect, '1111C Uinderspgned shafl accomj,nHsh Hnal Cornpkp tion of the,, Project 45 days froirn Nofiicie to Proceed. The Cmmitractor shaH be req i,mired to secur°e and pay for aH reqtdred permits, ............... engineering f'�*es, and approvak to perfbroa the vivork, w1kh, may irtclu& Monroe County BuiUng Departirinent,City of"I"'ey West Building Department and any other permitting or regukilory agenpuma, ifa pup fioab . The Cointractoir slmlH include those pert-nit fees, engineering clo mitts, and constiruetion costs as a part of the Contractor's lri& B. The Monroe Cl OU1111ty Purchashig Del airtmeim hereby directs Nds be subim4ted via �p the Boinfire electronk; bid6�ng fig ad'blllril at ul S;�—o_LgL no later than Nlomdu)�, Mar,61iii 23,20,26,at 3:00 P.INT C. AH Quotes, must State they wdl be glood for one hundred, twenty (120) cafendar days friom su.ibnfilta due date. D Contractors slhA proriptly notify the Director of the Department of FacHifles aird Project Managern(Nit in wiriting of ari), anibl°lguky, inconsistency arum® en-or that they may discover t;pon examinaGon of the Contract DOCUnients or ofthe s! te anid pocfl CON"fitions. E. Contractors r(NIii.di-hig cparification or intcrprewdon Of the COrANICt DUCLIments spat Submit theprquestk)ns in wntmg to the [)mrectorof the Department of pas 6h6cs and Pro.ject Mariageiment no Wer than tem (10) bLISirIVSS day's prior to the date For receipt of Quotes. Any answer, hi[terpretation, correcfion or chainge a)fthe Contract Docurnents wdH be accornphshed by Addenda, Copnes of' Addenda wifl be rnade avaHable Coir inspecibon at the County's Oectronic bidi(fing pWII)rm at OR Inte,,rp nett afioris, correchions oir, cham es of the Contraclit DOCLUMNIB made 61 wry other mantlier Nvifl nor he aiindpngy, and Proposers shafl not I-ely UP011 SLI(.,h pnlerpretafi,Drrs, corre(Ifions, arid changes. Orap and other interpretations or(-I"AIrifIC',Ifl0rS WpHl b1C Wn,11CILIt egal effp ca. Page 3 of'32 2. Project Intent and Scope Scope of Work: The Contractor shall provide the following Scope of Work and provide all labor, services, and materials to complete connecting the existing 100A load center serving the IT (information Technology) room to the existing generator system that supports Jackson Square, A. Disconnect and safe off feeders to existing museum three(3)phase panel,currently wired 120/240 one (1) phase, from existing panel room in the adjacent building to be demolished. B. Install new 200-amp 208/120 service entrance conductors from vault one to the IT (information Technology) generator room to feed existing museum panel with SE rated disconnect. C. Install new 100-amp one (1) phase feeder circuit to IT roc► panel from museum panel through the existing generator in the IT generator room. D. Connect new trailer mounted chiller to a separate existing ATS(Automatic Transfer Switch)located on the side of the jail museum. Isolate and reroute feeders to trailer mounted chiller and trailer mounted generator. 3. General Requirements A. The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department. B. The Contractor is required to provide protection for all existing surfaces including, but not limited to: i, Existing fixtures ii. Personal Items iii. Floors iv. Vehicles and Personal Property v. Landscaping C. The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. D. The Contractor shall load, haul,and properly dispose of all construction debris and materials. Page 4 of 32 E. The Contractor shad pixwWc and rnamraki appropr ate (OSHA reLluired) cor strucdon warining sqins and barriers, IF. The Contractor shaH Furnish all required work, site al"ety e(JLJiiprnent. C . The Contractor shaH Furnish and ninaintain on-site material saft :y data sheets (MSUS) fior all materUs used hi the construction. 11. Conm ruc Lion wori�c tin)es shad be fimited t(Y Specified by the County 1. All niatedaIs rnust be approved by, submittal [x11we commencement of work. J. The Contractor shall provide as lurinp sum price by Weditesday, December 101,2025, at MO RM, as noted herein. K. The Contractoir needs to be aware ofthe weather and @ocaflon anid IpNn according y. 1- The Contii-actoii"needs to ble,aware cWthe facility, its residents,ai-O staff with UIIUSUal schedules and plan accordingly. M. The Contractor shaH provide a sche(kde for alt phases ol'the pripject, N. The Contractor shaH coordinate ah activities with concian"ent site work being peribrmed, if any. 0. Inslurance Requirerne-ints*1 work"Cill's, c(nnPiells'a6m Statutory I.Ainits E1rrq,,)ioycr!s' I,,Jab hty $100,000 [joddy liii'luiry, by Aciclideiiit $500,0001 Bodily InJury by Disease, pohey in'�i ts 1001,000 Bodily 117JUry by Disease, tnach ein'q)[Oyee Genei-M [Jabdity $200,000 per Persorm $300,000 per Occut'rence VOU001 Property Dw,nage 01 m' $300,000 C'ornbined Shig, e Lirnit Vehicle-1 $200,000 per Peirson (Owned, non-owneld, $300,000 j)C` OCCUr1-CftCe and hired Yeh�icles) $200,000 Propeny Darnage 011' $300,000 Conibined Siim0e, LinflL IjUllders Risl< Not Required [)age 5 of Construction Bond Not Required The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. A "Sample" Certificate of Insurance is attached, which may not be reflective of the insurance amounts required for this project, but is provided for"informational purposes" only. P. The Contractor is required to have all current licenses necessary to perform the work and shall submit the Contractor's License and Monroe County Business Tax Receipt along with its Proposal. If the Contractor is not a current registered Monroe County Vendor, then itshall also submit a properly completed and executed W-9 Form. Q. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. 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 (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii)any costs or expenses that may be asserted against, initiated with respect to,or sustained by, any indemnified party by reason of, or in connection with, (a) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the to afthis 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). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Subparagraph 3(0), herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement,this section will survive the expiration of the to of this Agreement or any earlier ten-nination oft is Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and Page 6 of 32 specifIcat ions provlided by dw Coiatractor, the ("ontractor agirees anid warrants tbat the Coiraractor shaH hold the County Itarinfless and shall inderninify 4 fi-orn all losses occurring theimby and shall fuirther defend any 6laairrry or actio�iii on tire County's behalf The extent ofhaNfity k ini no way harmed to, reducied, or lesseined by the insuraince MI(juirentents conta4ied elsewhere Mthin this AgrielemellL Thk firdemnification shall simrvive ternimation of this Contract. 1114 o t h i iin g contained firi this paragraph k intended to nor shall k constitute as waiver of the, County"s sovereign irnimuirity, R. NON001ILLUSION. By slgr6ng this proposal, itthe underslgneay' swears, acccurding to la vv on his/her oath, and under penah,y of"perjury, that their firrn executes this proposal vvith fr6ces arrived at independendy WitIVOLIt COBUSi011, COTISUit,1,6M, r o di ig neoscorimunication, or agreernent flor th purpseof"restctn fia to any matter,relating to such prices with any othor bidder or with any cornpethor. Unless otherwise req1iAred by law, the prices which have been quoted in this prqposal have not been knowingly r1kcloseld by tire proposer and wil lU not kno"fingly be disiclosed by the pirloploser prior tt: Iproposal operdrig, direal'y or lnidirectly, to any other proposer or to any competitor. No attempt f,ms been rnade or vviH be made by t[ie proposer t�o induce any other persora, partnershij.)or corporaflori to subnalt,or not to submit a prioplosal for the purTtose of" restricting compeddon. 'ne staternerits contained in thk paragraph are true and corii,ect and made with the I'UH knowledge that Monroe Coiunty irelies upon the truth of the statentents containe(I in tl°'iiiis paragraph irii awardiriq contracts for,this proJect, S. ]EMPLOYMENTOR,R.ETENTION OFT0104ER C("AJPQI['Y0]F7F'I( ERS OR EMPI,OYEES. By suigining thik proposal, the undersigired warrants tlrat he/she/it has miot eirnployed, retained, or otherwise had act on p iis/hersfits behalf"any fiormer County officer or employee in vlolatiioiri of'Secl.fioii-i 2-149, Mornme County (,.'ode of' Ord4iances or any County officer �or employiele in violation of Section 2-150, Mormroe County Code of Ordinan(�;es. For breach or vioLaflon of this provision the Courity may, in its discreflon, terrninate this Agreernent without HaNfity anid may ak,o, in its thseredon, deduct from the Agreement 01" PLUCIMSe price, or otherwise recover, the fiffl arnount of"any fee, cornrnksion, p.,oercentagc, gift, or considerafior� paid to the f6mer County officeir or eimployee, pursuaint to Subsection 2-1521(b), Monroe Courny Code of'Cyr dk-iances, T. CODE OF ETHICS. The Country agrees that officers and empkryees of the County recognize and will tv urequ.ulred to comply with the standards of rare duct for PUbHc officers and ernployees as delhieated in Section p l2.3 D you Florida Statutes,, regai(ling,but nfa)t hmited to,soficitation oraccel,)tance of gifts-, Mng business with one's agency; unauthorized coimpensation; misuse of" pkjWk., Position, conflic6riq eirtiffloyment oir contractual r0ationslflp; and dkclosure or use or cerra4t information. Page 7 (A32 U. DRUG-FREE WORKPLACE.By signing this proposal,the undersigned certifies that the contractor complies fully with, and in accordance with Florida Statute, Section 287.087, the requirements as follows: I) It will publish a statement notifying employees that the unlawful manufacture,distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. 2) It will infonn 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) It will give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection 1. 4) In the statement specified in Subsection 1, it will notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terrns of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenclere to, any violation of Chapter 893 (Florida Statutes) or of any control led substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) It will impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if Such is available in the employee's community, for any employee who is so convicted. 6) It will make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. V. ADDITIONAL CONTRACT PROVISIONS 1) Nondiscrimination/Fnus I "m to errt0 ortrrrri 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 further 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 (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 Page 8 of 32 amended (20 USC ss. 16M-lM3. and 1685-1686), whldh prohibits discirh,nina6oin on the, bask ofsex-1 3), Section 504 of the ftehabHta6on Act of 073, as aaimWed (20 USC s. 794), whMi prol,6Nts discrimination on the basis of'(fisabihty-, 4) The Age Discrimination Act of' 1975, as amended (42 USC ss. 6101-6107)which pirohibits discHmination on the basis crfage,l 5) The, Drug Abuse Officit!, and '"Freatment Act of 072 (PL 92-255), as arnewided, r0atinft to nondiscrhnlnadoin on: the basis of dnig abuse; 6) The C'oniprelrensive Alcohol AbUse aind Alcohohsm Preventioin, Trealmeint aiid Re[tabilitation Act Of 19710 (Pl- 91-616) as amended, reNting to nondiscrirriuinalion on the basus of alcohol abiuse or dcohiolism; '7) rtw Publlc Health Service Act of l 912, ss, 523 and 527 (42 USC ss. 6910dd-3 and 2()Oee-3),, as annended, relating to confidentiahty of'Mcohol and (firug abuse patient records; 8) Fide V111 of the Civfl Mghts Act of 1968 ('42 1-lSC sq 3601 et seq.),as amendeld, refating to nondiscri�i-ninatioin in the sale, rental or Financing of houskig; )'"I"'he Americans with Disabilities Act of'" 1990(42 USC s, 12101 Note), as may be amended firorn Gime to tilrw, reWing to nondiscrimiination on the basis of disabifityaa 10) lVlonroe Cmmity Code Chapter 14, Arti6k� 11, mwhich prohibits discrimiriation cm'i t[w basis of rramie, color, sex, refigron, nafloinaf orig�n, ancestry, sexi iia�i orientation, gender lderifity or expression, fiirnrfilll SMUS o,r age, aind 11) Any other non&cz-hrinalioin provisions ln any Federal or state statUtCS MIMI fluty apply to the par6es to, or the SUI'nape(,A matter of, this Agreerrient, 2) Tea-minatlace Provisions. a) In 11ae event that the Contractor shall lie found lo be negligent in any aspect of servicie, the Coiunty shelf have the right to ter-minate this agreernent after live (5) days" writVerr notification to the Contractor. b) Either of the paurmties hereto may clancel this Agreerneaunt WithOUt(1°aUse Cy givirig thie ofl,wr party sixty (60) days' writtlen niotilce of its intention to do so. Terim lmation Im- Cause and IRern edim In tire evem ol'breach of any contract leirms, the County retalns the right to termih'iiale rills Agreement.'ITIC C,OUnty rnay Mso lernflnate this agreeirient f6i cause with Contractor S11OLdd the Contractor fail to perf6ri7°ii the clovenants herein contained at the Urne, and in the rnanner herein provided. In the event Of'SUCh teirm6inafion, prior to termination, the County shaH provide Contractor, vvith firve (5) calendar days' rear ice and provide the Contractor Woth an Ofspoll-Wilit)' To cure the bircach that has oic,curred, Ff the breach '1s ma cured, the Agreernera NvAf be terminated for cause. Ifthe Count)' telnTflllateS delis agreerrteiv, ",th the Contractior, ourity shafl pay Contractor the Ann due the C'ontraicloir under this agreenw-nJtr prror to termnnadon, urdess thie cosL of' cornple6on to the County eXCeeds the funds rernaiiining m alai,:,., contract,, hovvever, thiC COUnty reserves tire right to assert arld seek an offset for char males caused by the breach. The rnaxia-ILHII aimouril Palge 9 col'32 due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition,the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code, d) Termination for Convenience: The County may terminate this Agreement forconvemence,at any time,upon seven(7)days' notice to Contractor. If the County terminates this agreement with the Contractor, County shall pay Contractor the surn 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. 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 Article IX, Section 2-721 et al. of the Monroe County Code. e) &rqti.nJ.zed... .om )anies: For Contracts of any arnount, if the County determines that the Contractor/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 Contractor,"Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 28T 1 35(5)(a), Florida Statutes,or(2)maintaining the Agreement if the conditions of Subsection 287,135(4), Florida Statutes, are met. 3) Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to perfort-nance 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 (httVs ;)dpsA-gpvL1Jb ar a hivesrec®rds ruanae�mg!t/VeneLa 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 to of the Agreement and for seven (7) years following the termination of this Agreement. Page 10 of 32 Rillgh! 12 Angi't. Availabitily, of RecotWs, Hie records of the parfles ui�) t[fls Agreerneint relating to the, Project, which sliall iulude biut not be fimited w accounung records (hard copy, as wefl aS COMPLIter readal:,fle data N' it can d urmde available; subcontrza,A fik-S (illClUd�ng proposak of successful and U11SUCC,eSS,fifll Hddeirs, ttdd recaps, bidcfing uinotrucfioins, biddeirs fist, etc),, origdrial estimates; esdma6ng work, sl,=ts; coriresponidenccw Change order files (i11C1LKfir1g docurnenla6on covering rue goOated settlentenus); bcu;k ctiarge IWrayys aind SUJ)PO1r6ng d(�)cuynienta6on,, genierfl ledger entries detailing cash and tracle diSCOUrrts carneld, insurance rebates and dlvidends; any r)t[er SUppordrig evWeriice deerned irccessary by Owneir re)r this. Monroe Cxx,jrlty Office of tfite C clerk 01' COUrt and Comptroheir, (herb nafter ref'eirred to as `County Clerk") to substantiate c[larges reWed to this agreernent, am.l all other agreeirnelatS, SOUirces of infoirfflmtion and rinatters 1hat rriiay' in 01,wineir*s or the County Clerk's reasoriabk:judgrnent have art), bearing on or pertani to any matters, rights, dudes, or obIlgati(NIS Uriuder or covered by any contract document (A foregolng heu ehnifter ref�arred to as "Relcords") shall be opei,ii to inspection and SUbJect to auddt and/or reproduction by Owner's representative and/or agents of Owner or the (`(:)aunty Clerk. Owner or County Clerk. may also conduct vefficatdons SUch as, bial niot himitied to, counthig ernl:floyees at die Job site, witness4ig the 6stribUtion of' payroll, veirlfying payroHl computations, overhead COrrnpUtations, Obseirvino vendor and suppher payments, iniscellartoous allocations, specW charges, verldNrrig information and aimounts dwOUgh intervlews and wv6tten confi rrnafions vn,41i empq oyees, subcontractors, SUPPHers, and conlractors' represeiittatives. All records s[uall b(n kept for ten (10) years al'U'r F'inal (I oripioun, 'ne County Clerk plossesses the indeperident authority to COMILACt U11 audit of records, assets, and activities r6lating to this ProJect. If any auditor employed by the County or Oerk deterimkies that rnondes Ipaaurd to Contractor purslUant to this AgreeTnent were spent for purposes moot aUthorized by ths A greet ri ent, or wem wrongruhy re tag net,J by thc� C11 ontractor, the Coritractor slhall repay the rnoin'Qes tol,:,ether wuth hileirez;t calculated pursuant to Section 55.03, F,lodda SUM11tes, urrumrrnnrug fi-oni the date the monies were paid to Contractor. The r�qhf to mwfit IN-OViSlOM SUrvive the tennination or cop i I ratoin ofthis Agreement. 5) La yLj!EikL2f Fees/ Invoices. T'he County shall pay purSUMM 10 the IHor lida L,ocal Goveminient Prorript Payment Act (Section 2 l 8.70, Horida StawtCS) UI)M rec6pt of as Proper Invoice from the Conlractor l"ayrnents due and n.uripaul°idl under the Contract shaH bear keterest I.Mirsuant to the Hloirida Local Government Prmllpt PaYment Act, The Contractor is to subil,61 to the ("..ounty involces Wid'11 SUr)r)orting, documentation that are acceptaNe to the County Oerk, Acceptability to the Courity Oerk k based on generaHy accepted aCCOMItIrIg prhiclples and such Page didof'32 ZP laws, rules, and regulations as may govern the County Clerk's disbursal of funds. Invoices shall be submitted to Monroe County Facilities Maintenance Department,via email at fac-cm�'4 monroccoun!J-111.2,o-v. The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner,to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. 6) Public Records Coml2Hance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other -public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance, The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.070 1, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: a) Keep and maintain public records that would be required by the County to perform the service. b) 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. c) Ensure that public records that are exempt or confidential and exempt from the 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. Page 12 ot'32 d) Upon ooiri[plefion of the contract, transfer, at no cost, to the County ,1H PUNic irecords ka Ilodossessioin of the Contractor or- kelep and ai,,dntaln Ilpii,mllDhc, records that WOLdd be requiuired by fl,ie County to perfbirtri flie service It"the Omtracto r transfers MI pubhc records �to thQ COMU)' 11][3MI CO[Tlffle6on of the contract, the Cororaclor shall der:;tr()y any dupficate pubkc records that are exempt or, corifidiim6,d and exempt from pubhc recor& disclosurre requrreiments, If the Contractor keeps and maintakis I.Mblic, recordS U[.)Or) C0r1)lfle601r1 Of the contract, the Contractioir shall meet alI appficaNle reqLdrernent.s f0l�- 1'etakliug pUbhc records, AH records stored ellectronicaHy must be provided to the Coi.inty, upon request fir orn the Courity's custodian of' irecords, ini a fbintrat that is coirnpatiMe %v th the information techriok gy syoten�is of the Cminty, e) A request to 4rspect oir copy sip records r0ating to a County contract [11USt be irsuaddr, directly to the County, lout if the County does not possess die requested records, the County shaH innmiediate y nodf thie Contractor of the request,and the Contracior rrrt�ist provide the mc(:)rds to the C ownty oir al iow the records to be insl�uected or copied withirr a reasonable time, If the Contractor does r*t corm pro y Mth the Coumy s reqUCSt kir records, (lie COUtIrty ;;hall enforce the pUbhc records conlracl proviismns im accoirdaricim:. %Nritn the contract, notw4fistanding the COUmy's option and riglht to UnHaterally cancel tKis contract UpCill v�olation of t[iiis provrsicm bNr tile C',ontractor, A Contractoir who NIs to provide the J)Ublic records to tkmum. C'Mlty Or' pUrsuant to a vafid pubfic recoirds reCILICSt withiin a reasonable fime timly be subject to penaldes tinder Section 11 9.10, FIodda Statiaten-.". The Contractor shali not trransferr custody, reicase, alter, diestroy or otheirwise dispose doh:any pubk recoirds un�ess or otherwke pn)vWed in tho; provisuon or- as whervy�ise prmdded by law, IF TME CONI'RACI'M HAS QUEST1ONS REGAIRDlING TIVE APPLIC,A11 0 N OF' C RA MIT-,R 119, FLORIDA S'll'Al"U'US, "TO 'THIE CON'FRACTOR'S DUTY 1`0 PROVIDE PUBIAC," RECORDS RELAT'ING 1`0 'MIS CONFRAC'117, CONTACT' T'HE CUSI'ODIAN OF VUBLIC RECORDS XT: MONROE COUMIN Al"fORNEY'S OFFICE, 111 ] 121111[ S"T., SUIT1. 4018, KEY WEST", FL ecotan flg2j, (3C6) 292- 33040, b I i c r e e o r Ll sLa)n I.,o, r,o,.....................................mix:........... 3470. Page 13 o1'32 7) -der it ate Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, as may be amended from time to time, the Conti-actor and any subcontractor shall register with and shall utilize the US, Department of Homeland Security's E-Verify systern to verify the work authorization status of all new employees hired by the Contractor during the to 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 systern 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 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. Pursuant to Section 448.095: a) 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. b) 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 irrimediately terminate the contract with the subcontractor. c) A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a Bidder Linder this paragraph,the Bidder may not be awarded a public contract for at least one (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 oft e termination of a contract." 8) Notice Reguirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by the Contractor when hand delivered by national courier with proof of delivery or by U.S. Mai I upon verified receipt or upon the date of refusal or non-acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: Page 14 of 32 �v C, . a�t . ForForrauntrasuatuaa��u � �' T 1. m... u 1 ° Foils, Owner: yru:.iilitles Maaunagen°ient III3ep irtua°u a°ut AtentionOMHant De Sands 12:3 Overseas Highway b y y"Vest. III°lrarlrlaa 33040 And 1 1 1 1 1°ydud Street Me 401 Key West, Florida 33040 Jw¢pwoumogwppwlllIIIIIIIwwww'mwwuliiiluw1u 'w° Any d cu ay or tyllaore of eltlruun Party to pe°r1"arrii lt,.,, obligations un�Jr:om thik wwwgrar ururrnt w,OH be excused to the extort drat the delay or 1a11a1111puuu MIS auuaasau:l ullrauc y by uaor event beyond such Party Partys co nvo wwriithouut seen lwaa, 's yauuolt��. or negligence e and tlyu�uut by� lino naatu�urau q.,d,an.uly, ruuit have ,1,yween laursswurn by such Party y d„"„r. p1 It a"a„uu°u d have been foreseen, was �il.n'°uaavolid'1i.ultle° ("u") acts of' God-, udnd—, 1'auut (b) flla:uod, fire, carthquak, ex1dosu un trqAraiall stawrnar., hurricane or crtlrs- dedu;lardaul emergency in the dwnograpwlrlc area of It! pwra','.ect: (c) war, invasion., Mtolotlda°s ( lrrt;lhn o war is d.1edaamd or no, tru°r°snrist threats or acts. rlot, or other ruwful n.uuuuw,st in the gruup raaplalaa aaruaaa of the Pr( iect,( )government order or law in the ppeograaprlrlu°, area rw1` the Pruaw e t; (a") actions, embargoes,oes, or blockades in affect d:un°u or aaRet the date ch'tluus Agreement, (f) action by any tdwwa°uuanr°uua.urtaml snood°utno a�'° 1ty l.uud:wl°uuluultnurpy wtnn•1a in the p;adapuru,aaylawla area w`u1 tl4ru Pro ect;(each, a � 1�Jm��nrdaostrrall��al��al�u�u (:°lrcuunrustannu�:uw°'). `l"1ru��n (11onntr�a�uuutoo'°s k"�utnaanruumaal unraaldht " to p`nrn`(bmrm., changes es in cost or avallbUity of w'eri ak ComparreorN. or sa:u-Oce.s, irnaaurket conditions, aruu suulrprlurvII' a tlarnS Or u:.OM11'ad, disputes M11 not eNnNe performance pay Contractor wider, tlouis yumd°;tlon. Contracurr shah give Courity written rarut eee wwrlthnur seven (y) days of any event sump s lrru.unsstuaour°s thaut ors m•ww,uusuunalwly likely to result in an 1..JnsuaoutrurVlslrll C,1rrusuuatst.aruraX% M as soc ou as ytwsaulprla, ate .wil.asp°u 1.!'urw,a.,into�-sklllaable Ord;uau1Ynawtta0nse has oca;llwred lm reaa`gniaably rllll"DOOCa"lpiated, and die anticipated u.1urant.ld:ri or su°ua h Uncol 'c',:uHabls (Jeurnstance. y`u.bntmactor shall l union° all ddig in allunowts u) end tll°ue Maauu°airs Valle Cirr°uo1onnstaau°°lice, ensure that the effocts a:f aurw l luworio:ruuulWl e Oru:u.umstaame are urriluriowrlzal and resume 11M perlwuirrn anra under this Agrwuanrm. The Ouu.unrty—M not pay as alutoauu°nau.l cost raga ua o-aauau.ult of an Msa'rouoo-a:rllaalluls y.Am uur ustwe. Ile Co ntractsw arua.y duunly seek a no cost Change Ohider(sir nu°uamrrinrne rit lour such re asonaaNe a ouruc as the Owners Represcritadvc may d:1u tennrinne, lwaayauu 15of3 10)AWtidication of DisEutes or Disagreements. The County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the 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 Subsection 3(V)(1) (Nondiscrimination], Subsection 3(V)(2) [Termination], Subsection 3(V)(6) [Public records Compliance] or Subsection 3(V)(7) [E-Verify], concerning termination or cancellation. Page 16 of 32 PROPOSAL FORM PROPOSALTO: Moniroe County Faa.EIII ltros Manageamatrcim t vaii.rbm�ttond v�aa t h e 1 onnfiii-. elect uromrnlou hiolallu,.iiy lnkatfiorim at µ� "Itlf- The ranno"ln.r°signed, having oaaarel'onlly examined the "ourla and ref rerrar.o„a Drawings, ngs, Spec lllow; donne, Pro`ulnoasa L and Addenda thereto and other Contract Doncaurn ruts for the cornstrouc6orr Of. a..ma .. um"�: ". . awe µmm " r . . o EM and 'having marrmfinlly examiiwi,J tlno sltic where the Work �1s to be l erl'oarmnnnaol, having be ourmne famllluair mma'dtln all local conditions lrnorlmudn,ig la for aaffectlrn l the omit thereof, tairmol hav4ny, 1`arnnillanrized himself wwaltln rrnomt.oairlanl a avaah�kilwlllt';y, Federal, State., and I o aml laamvs, onrallrnaanna es, ranlaua arid rI•el u.ulaatio'XIS affecting perforniance of the Work, does hereby propose to faunmrrlsh Mi ha or, mechanics, superintendents, tools, rnwer"rM, e(JUrl:Nn nt, transr l.)Q rtatiIon sow-vices" and all lrwide°rtaalw rnao`,tsr,;aam�y to peryorrm and corn p]ete saaild World and work lnna�;nlernt l n rieto, in air wwonu°,,knnmiaari ll(I is ma nrei�, in conformiance mvltln said Drawlngs,Spec lcaatno'rnuo,and other Contract Do�icum e nts lrlClrr ln g Addenda o;SLIed thereto. The undersigned umlner°caar.tllln",ar that he/she has .nm.aannarlly lrnspeo;tcl the actual loo.adoan of where the "nyonolo i°rs to be performed,together with the local sources o f"s a ply and that he/she Understands the toonn ltloms under which the Work 1s to be pier fonr"m ed. Thw proul.urmseir, shamll arss urnrn thiiw risk cd`any and aril costs and delays arising n firl im the existeince on$`uany warubsu.ar 1'r ce or outlnun' latent pinysn caul aaoorndmourn mnrinlonln couki be reaato,ornalnlyr arnticlllraata.ol by reference to a lcua°a,nnunenntaary information provided and made availal0e, and fr°r:.aM o'nSpoaaairlonrn and ounaamrmnlmnontlo n of site, The undersigned agrees to cornmerice performance of this lProject wwrltlrlrn Ten (10) aaalaarmrlaaur° days after the chute of m amrmuaamnoae tom tlnom Uffilu rarlg nee by l.lwmrrna;r° o f the No6ce to 1 rcuaweed,'l oarchaase Order hank Order. Once mormm�eno.ed, this aurnderaol„ rnoaol M mh olllly,anrntly amoorntimrue per R:m-imaarnce uarntul courrrnpetkarm of the Pro..11eCt. �C"lnC- rrrnideo oovWrie waln 11 �wo.ro�:rrmlullsh lr`lmnual �oum plmtlomrn o ftl,ne Project 45 days lroomnn Non6ce to Pro cele 1, Page 17 ool': 'rhe Base Proposal shall be furnished below in words and numbers. If there is an inconsistency Ibetween the two, the Proposal in words shall control. 0,10t ri3Oy -MUM 51 !� W j/ kj_LjU6 liars. (Total Bas Proposal-words) 094�5 oilo �VK�� I acknowledge Alternates as follows: NIA I acknowledge receipt of Addenda No,(s) or None 'No. Dated 3 t13 14R No, Dated Page 18 of 32 h'i addiGrim. IPraaposer states that he/she has lirn.arwk1ed or wiH provde dlC COLulty, ai01161 With this I ProposA, a ceirfir�ed copy of' Contractor's LiCit�111W,, M01IIII'0C (IOUnty Bushless Tax lkec6r�rt,, and C,crflficate of hisi,irance rho willig the Trilihnn.11T11 hlAflrance reqUireiinents for dius prqjec,�,, Execution lby the Contractor unwit be tily Ill erson with authonity to, bind the enfity. l!Iy sigiming flik agreement belomr, the Corarw'.tor has ii!lead and accepts the terrns and coinditions set I'Orthil by the Monroe County General ReqUirernerits fim- Cori strUCt kNe R)Und at then Hnk on the l M L t n occo I miroe County web page� htp�hfl-It onI! �LiIAK=pj�L_ M-1 AND accepts arll 11 ol'the ttlirrns airid conditions and a F`ederfl required contract provkIions I°Iereili, IN WFIFNESS WFIEFU OF, the parties Ihaave caUsed ths Agreement to be CXCICLIn"d by their duly rriiljthioirized representatives, as foflows: oe Coritractcm . ............. .............0'r --- --- ------- ............ M ai u in Addirtncs ...4116 111.1.1.1.1.1.1.1p PhOue NLU[viber. cm ................. qO 3, r ..................... ...... ............... I-rn as i If: CM1.1 Date: ................. Signed- 113 LA� ..... ............... Lh-Li s AL, tem 11 4 1 AW, Naine Title Contractor's Witness Signature, Mmess nameu ......F .1k....................................................................................................................... ........................................................................................................................................................................................... Fhe C01111111ty aea qpts the above Il i-opicisal: MOI�HWE COUP-41'Y, FLORIDA Digitally signed by Christine Y Hurley Christine Hurle Date 2026.05.04 06:50:11 -04,00' Daw!� __................... ®.................................................... By� County Administrator or Deli M �e"' J, , C Page 19 of'32 pSrVWLL ttz I-lt- -, NON-COI,LIJSION AFFIDAVIT 1, ! r of the City of acconrdi ng tois on oath, and under penalty tnf'perjury, pease and say that; I, I anon_ __ ____________ ________ ___________________� o»nf the firm raf__ the proposer making the Proposal fear the �ect described iirn the rno�tice foar callirnf„ foan proaposa s for: and that I executed the said oalnoasal with full atuthoarity toa dca soak 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 much prices with any other proposer or with any competitor; and . 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 subunit, or not to submit, a proposal for the purpose of restricting competition; and The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relics upon the truth of the statements contained in this affidavit in awarding contracts for said project. 731 (Signature of Proposer) (Date) STATE OI..JN OF:--M-- .,...._.....................................................__w_........ �... Subscribed and sworn to (or affirmed) before rne, by reams of`IVphysical presence or 0 online notarization,on ROk ___________ ___________ .�.............(date) by .� _: ..___µrw :________w_____- __ f_ .__w__ ..-._ _ (name oaf af�narnt°. fie "he i perscanally krno rn o rtnc; or Cna.s produced (type of identification) as identification. TIFFANYX n U(S 7j�,�, �o ,toy a„Roza f r PU y commission expires: (SEAL) Page 20of 32 SWORN STATEMEA FUNDER ORDINANCE NO. 010-1990 NiONIZOE (-,'()UN'TY, FLORIDA F11 HCS CLAU'!'0"" I—LC-- lxany) war imints that he/she/�t has not ernp�,Dyed, reta4ied or otherwise [md act on his.,'her1ts behalf any foriner COLVIty officer w� errqfloyeie, In viokflon of" Section 2 of'Ordinance fqo. 010-1990 ar any County officer or ernployee inn viol lion of Section 3 of Ordinance No. 0 10 1990, IlFloir Oreach or violation of'this provkion ffie County may, iin its discretiom, teni'6nate this contract wkhow fiabihty and may also, in its discreflon, dedi,xt Fr -n flie conoract or purchase p61ce, or cxheii-wke recover, the f`UH afTIOUIA Of wniy fee, cioiiniinks�on, poicenwge, gffi, or considuation leiid to the former Coii,inty officer, or err poyee" Date, S I'ATE OF 09" E-1-1-1-1.............J YY jf COUNTY 01-�� Subsc6bed and swom to (or affinnied) before inle, by ineans of physical erres(ince or ordine (nMoittwll`eiz atOf, Onf—fia n ..., S 1Uii�j S pn t purrs roducedlon as klenfflTcaLion. (Type of'identification), OYIPA R, BLIC My cornmisspon expiir°es:, (S EA L) WINDOW TIFFANY K F01.KS W,nrr��%s�vi N HH 496287 Expkes June 23,202B Flage 21 of'32 DRUG-FREE WORKPLACE FORM The undersigned vendor in al, cord z nce with Florida S ,tote, 'ec. 287 087 hereby certifies that: 0 Bus f C L L us (Name cif 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 staternent 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 terrris of the statement and will notify the employer of any conviction of, or plea Of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5„ Imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation prograni if such is available in the employee's community, for any employee who is so convicted. 6. Makes a good faith effort to continue to Maintain a drug-free workplace through implementation of this section. As the person authorized to sign,the statement, I certify that this firm complies fully with the above requirements. PrcTose 's Signature STATE OF: r Lb it-lidC.— Date COUNTY OF: Subscribed and sworn to (or affin-ned) before me, by means of physical reserice or 0 onlinenotarization, on a 016h a 3 e ye 5 M1,li (date) by a 16's i A e ef, (name o affiant Shei� rson..iMyknw o to me or has produced--------------0_1 J.& I , ion) 'd *a ion. (type of identi c, t as�i t�m t i,---- -------- - ----------- --------- ----- ----- -------- - - ----------------------------- YFAYN PUBLIC ji� (SEAL) -My Commission Expires: __�, 4, TIFFANY A,FOWS Page 22 of 32 cmimission#H1449628-1 ExplfesJ une 23,2028 PUBU[C F',N]TINCRIME STATEMENT "A person oraffifiate, who Ihias becin 1flaclud on thcr convicted vericlor Mist fiiHo,ovirig a con%,a(fion fior pubhe entity crirnc may 110C Ribrnit a bA proposal, or re[fly on an contract to prov�ide any goods or 5UV,ICCS to a PIA)HIC entity, inlay, not subrv6t as bid, propos4 or rejAy on as comrao wkh as Ilplablic. enflty Ibr tire construction or repair of a f)UHic bUHding N' PUbfic vvoirk, may nIA siabirnh bids piroposaLs, or rephes on leases ofreaf Ilproperty it) as J)Ubhc enflty, inay not be m1mrded or perfon-n work as a contractor, or consultant under a contract vynth any �Ribfic, entity, and may not transact itusinesS Minh ail)l [AII)HC C11fity ko exms of the threshor an'lloulfl, provided in Section 287,01'7, HoHda StatUtes, 16r CATEGORY I-WO f6r a Iperiod try"thirty-snx (36) morahs from the Lfilte of bekig pLced on the convicted vendor lust." I luave read the above and state Lhat nenher UC ............ ...........................................(Prqposer's name) nor any Affiliate has been placed on (lie corov ted vendor ist withki the aast thirty-six (36) nionths, Daw 3 STATE Or", I dcL COUNTY oF, SUbscr�bed and sworin Lo (or affir before rne, by no[earr M.; Y) physical presericol� or onfirw notarizaflon, on the Me day med) 20 by C,h It A e M e narne of affiant'). (L(111��io me or has �,.,,troc!Uced.............. ( ...............................�y�ai ...µury'�ndrnnn�ny"� ......... .. nden Lit tc�,-ii ion) as identification. TlIFFANYA,FOLKS My Cominission Expk,e,;� -----6-A.3 .�s, CcamMs�oin N HH 4%287 23,2028 E.x0res June L C, P111 LA C (S EA L) Page 23 ot'32 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Respondent Vendor Nairrue:Vendor FEIN: Vernd'or`s nutlmorized c,presernt ive Narrne a d`fide° m _. .._.tP Address: w w " City: .ww V� , wwwwwwww wwwwwww_State: W wwwwwwwwwww ww Zip.I�humrne u "w l`rmnaail Address: _W � °C Section 287.135,1,lurid"Statutes prohibits au company from bidding on,submitting a proposal for,or entering into or renewing as 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 215.47 5, Florida Statutes, or is engaged ed in a Boycott of Israel, Section 287J 35, Florida Statutes, also praohilbits a company from bidding on, subrrnittirng as praoposal fror,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 tine,Scrutinized d:"omparnies with Activities in the Iran Terrorism Sectors List which were created pursuant to Section 2 15.47:3„Florida Statutes,or k engaged in business operations in Cuba or Syria. s the person authorized to sign on behalf not Respondent, l hereby certify that the company identified above in the Section entitled "Respondent Vendor,Name" is not lasted on the Scrutinized Companies that. Boycott lsraeV l.,ist or engaged in a boycott of Israel and Projects of S 1,000,00d O or more is not listed on either the Scrutinized Companies with,activities in Sudan(List,the Scrutinized Comparnes with Activities in the lrau"Terrorisru Sectors List,or engaged in business operations in Cuba or Syrian. I understand that pursuant to Section 2 7.135., Florida Statutes, the suubrnissio n of a false certiGic;atio n may subject company to civil penalties,attortney's fees,arr&'or casts. t further understand that any contract with the COUNTY r nay be tern imaated,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 fist or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutlrnized Companies with Activities in the Iran petra~oleurn Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 287,135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on,submit a proposal for,or enter into or renew a contract with Monroe County urnty for goods or services. Certidaed^f3,y:: � ..........�,w w ww w_°_ ,w.w„w.:w,w,w,w,w,w,w,w.w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,w,,vvhto is authorized to sign on behalfolf the above ref rernced ccorrn canny. AuthorizedSngnature :..9Y' �......... ........ .................................................................................................................................................................... Print Name: :......... ..... .�......... � .. caste: The l.Jst are available at tire following Delpartment of Management Services Site: htgda vwww duns m,,ldcornda aura business cfaer tie ru +wt3te slur° asoa y rncdor�information convicted sausp�lided dis crirm naato ccon7 ia�rt¢s vcum �r Ilst flage 24 of 32 AFFIDAVITATTESTING TO NONCOERCIVE ONDucr FOR LABOR OR SERVICE"S Fn6ty/Vendorolarne� uuww � Vendor FIEIN.� pill W7-- Ch&�s-l(Lt4ff 'Ilex, 0&21t.�V endor'sAuthorzed r Iyepiresentafim -t *,r I Addrew - h PA. (NIN a m and e 'h tie) C-4y: State Zipm _11130!6................le I L --........ ..... ...... —11, -Phone, Nurn�5r� 4, Emad Address� 'IM&tl-COM As a non-governmental entity exeCLJtiI1L2,, I'CrICVVnI ),, 01' Mending a contract math a government entity, Wridor is reqiAred to provide an affidavk under penafty of perjLfl�Y attCot4ig that, Vendor does not use coercion fibir labor or seiry ices, in acclordancevivith Section 787,016, Florida Statutes. As defined in Section 787,06(2)(a), coerc,,non rnearns: I Using or threatening to use physnicM fixIce agamst any person; Restranrfin,g., isolating, or mifining or thieming to restrann, isolate, or confine any pmorl without lawful authority and aga�nst her irm,Ihiis%VHL, I [Jsing lending or inther credit methods to estabhsh a debt by any persort )mhen Ilabor or servnces are pWgeid as a security for the debt, ifthevah.iie of the labor or sery ces,,is reasonabiy assessed put not appHed tomi,,trid tire hqUldation of the debt, the length and mmure offlie iabor or servnce are not reslixcfively hrinted aind defined; 4 Destroying, conceahng, ircinoving, confiscating, wnthhokfing, or possessing any UtUal or pUrinoirted passport, visa, or, other irnnfigraflon doclunnent, cw any other actual or puirporre(l governiment idenfification docurnern,of any perscm-, 5. Causing or thrcuaternng to cause firranciA harm to any person; 6, Enticneg or ILIfing any person by thRoi or deceit-,or 7, Providinga controlled subStance as OUtin'led ot Scheduie p or Scliediifle H of Section 8193,03 to sonny person fiber the puiqjose of exp 6tation ()f that person, As as person! authorized to sngn onus behalf'of Vendor, I cerdf� under penalties ofiteri ury that Vendor does not use coerc,00n for kflitor or services 41 accordance Mth Section 787.06. Additionafly, Veindor has reviewed Sectioaan 787,06, Florida Statuties, and agrees to abide by same, Certified By. %010 is authswized to sngn on behaffofthe, above referenced cornpany, AuthotIzed Signature: pirint Narne� ......................................... Page 25 of32 FOR I ` IF'CTFtIp, 4 FFI . , 7 F.dRI IR I'Al" B Ig qp, r6 oaf'the by oaf P according to law tarn my oath,and under penalty of perjury,depose and say that: ° a. I arch , of° the firm 0 proa „ aq for the F o"ect .,I described in Eunq �aest�tlhe bidder making the t f rr Proposals or :...... ..I 1 .. .. . ..._ ..�lt) i ........ un t tat q executed the said proposal with full authority to (a so,, b. 'The Entity is not owned by the government of a foreign country of concern as defined in Section 287.1:3 ,Florida Statutes. (Source: §2 7A 38(2)(a),Florida Statutes); c, 'The goverriment of a foreign country of concern dons not have a controlling interest in Entity. (Souree: §2 7.13 (2)(b), Florida Statutes); d. Entity is riot owned or controlled by the government of a foreign country of concern,as defined in Section 692.201,Florida Statutes,(Source.- § 2 8,007(2).,Florida Statutes),- e. Entity is not a partnership, association, corporation, organization,or other combination of persons organized under the laws of or having its principal place of business in a foairei n country of co ncern, as defined in Section 692,201,Florida Statutes,or a subsidiary orf`such entity.(Source:§2 '..007(2), Florida Statutes)-, f Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: 692.202(6)(a)(1),Florida Statutes'), . Entity is in compliance with all applicable requirements of"Sectioans 692.202„692.203„and 692.204, Florida Statutes. h. (Only applicable if purchasing real ',property) Entity is riot a foreign principal prohibited frorn purchasing the subject real property. Entity is either(a) not a person or entity described in Section 692.204(l)(a)., Florida Statutes, or (Ib) authorized under Section 692.204(2), Florida Statutes, to purchase the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes.(Source. §§692.203(6)(a),642.204(6)(a), Florida Statutes) i. The statements contained in this affidavit are true and correct and made with hull knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding, contracts for said project. ................ .... ................. ............ (Signature) Date.............................:..... S'TAI'E OF: COUNTY OF: Subscribed and sworn to(oar affirmed)before me,by means of Yphysical presence;or 0 online notarization,can (date)by ,,,,,,,,,,,,q. .oe. __________________.(uname oaf affiant). Shoe is(=onallyno n for nne car has produced ,,,(type of identificati ) , idenntificatiton. ItlWflIIIIMWtltlOWWllllllfl@N�� IYIIIY4IIWOtlNIIAIIIIIN��NN�IpIlAflllll@Itl�IW00NIMMIIIII NON �n�nl k r.b A A R 6 PUBIJ C T -ANY A,FOLKS IFF tle.ttl 9n^+u M (:ormmissionn E� nresw coax missioarn HH 4987 Y ,. p. Page 26 0C 32 INSURANCE REQUIREMEWS AND FORMS MO ROE CUNT, FLOR11DA IRISIC MANAGEMENT POLICY A,Iql) PROCIE'DU RIES General Insmi-ance Requirements For, Otliivr Conbrac(ors,Sijbcointiriketors and Professioinal Sei�vices As a piiv-req U i site of the work and serv�I cles governed, oir the goods supphed U11tider thlS C011itliaCt (including the pre-staving ol" persionnel and nraterial),, ath e Contraclor shall obtain, at lds/her ovai expense, mmirance as specHied hi any attached schediales. whk1h are, mcad Ipaa of this contracl. The! Contracter%vHI ensure thnat th'C� iaRlirairee obla4iedwM extend protection to afll Subcontractors engaged by the Contractor, Altetriatively, the Contractor ninny reqmre afll Subcontractors to obtaln irisurance consistent o6th the attached schedules, "Me Contractor w�fll not btll pennitted to conrimence work governed by this ii,licmtraCt (iffi,JUClirg Pre-, staging of peirionnel anid material) U1161 satisfactory evidence of the r0qLHIM(I insurance has beeiri ffirnislhed tan OIC C(Alnty as specified Wow. Delays in the cominencernent u:)f%voirk, resulfing from the ftfflure of the Contractor m provide safisfiCctory evHence off`thane required insurar[ce, shall not extend deadhillies Sirlecified irl tidy contract aind any, penalfies and fiadure to perfbi'm assessmeints shall be imposed as if the work commenced on the specified date! and titne, except f6r the Contractur's fiaHure to provide saflsfactory evidencle, The shaH rnaintain the required iMLIrance throughout the entire. terni of this contract and any extens ons specified ki the attached schedLfles. FaHii,ure to comply vilth thnnnt prcMsion may resuh in the imme(fiate suspensicm of all work until dice reqUired insuranCe 11,15 been re nssated or replaced, Delays hn the completion of"work resulthig ftom the ffiHure of the Contracfor to rnaintaiin the required insuraince, sfiafl not extend deadlines sl�)ecified in this contract and ariy 1�)enalties arid fiaHure to perffirm assessnients,shali be imposed as if flie work had rich been suspended,except for the Contractor's failure to maiinitain the re(ILdred insurance, The Contrc%,Aor wHI be helid responsble for all dedUctibles and self-insured retentlions that amy be contakied in the Contractor's ItISUraince poh6es. I lie Ci)ntractor shMl Ipro ide, to the County, as satisficictory evidence of the Qquired insurance, 4her: ®Certificate of hISLH-M1CC or *A, Cerfified copy, of tfw actLW insurance lookey, 'fhe 0:mmty, at 4s sole opflon, has the right to request a certified copy of any or all nisuraince pcOrcies reqUh-ed by Ilds contract, All iaSUI'W1Ce POhCreS MUSt SpecHy that they are not sub'ject to canceHa6on, non-renewaW, material c,hange, or reducfion in c(wer,a,(,ve urde%s a MiV1hIr1UI`TII Of thirty (30)days prior notification is g von to the County by the insureir. The acceptance aind/or approval of the Contractor's klF.Uii,ance shall not be: con strueld as refieviag the Contractor fry om any hniNlity (o obligation assumied under this contract or oiiposeid by law, Page 27 of'32 The Monroe County Board of County Commissioners, its employees and officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as '*Additional Insured" on all policies, except for Workers' Compensation 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 Monroe County Risk Management Department. Page 28 of 32 PROPOSER'S H16i-'RAN( E M D INDEMNWICATION STA]UMEN'T REQp 1REMEN]'S Worker' C"'ornpensadon StatUtory I.JiTIAS Einp oyeirs UabHity $100,0010,3500,0001/$1 100,0010 flo,Lffly Injilliry, by Acicident/Bo(ffly ItIJUry by Disi�nase, poky iim�ts'Bodily hrjury by [)isease each ensp oyee General Liablfity $200,000 Pei" Person $3010,1000 freir Occurrence $200,000 Property Damage Or, $3010,000 Combined Shigle 1-imit VehiOe $200,000 per Person (Owned, riori-()wned, and hired vela 6es) $300,000 per Occurieince $200,000 Property Dantage or $300,000 Conibined Slriglie Urrnt [IUfliders Risk Not ReqUired C"O1rS11'UC',flol1 Bond Not ReqLl6red The Monroe County Board of County Comirlissioners, its cininoyees and officials, I 100 is 47iontori Street, Key West, Florida 33040, shall be named as Czrioficate 1-16&r and Acidnionai insured oil Gerlerali LiabHity and Vehicle poh6es. VOEMNIFICXrION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any ToklirlIUM insurance requh-ernemis 1precicribed elser i.e lire thik agreemelit,Contractor shali defornf, indermlify and hold the C',OUroy and the COUnty's eiected andq)pointed offilws and eln1floyees harHess firorri and against (i) any claiins, actions or caUSCS of action, (h) any fitigation, adminisfralive proccedings, appellate proceedirigs, or cyt[� ir proceedings rciatkig to any type of in'�ury (iincawfing death), Il oss,darnage, Fi i ie, penalty or bLISi ness interrupt wn, sn(J (�i l)any costs or ex ense 'I is s Oiat may be asserted agah'ist, initiated with respect to, or sustakill d by, any inderrinHled party by re Casio n of, or in ci)irneclion with, (A), any activity ofCoraractor or any of its ennpioyees, agents, coistracUm's or otht:r linvitees during the terim of this Agreeirneim, (B) the inegfigence or recklessnii,$s, ritenti I onal Wr"Oogild RliSCOMILACt, errors or other wrongful act or oinkslon of' Contractor or�, any (if ns eimjAoyees, ageii-as, sub-contractors or other hivitees, or (C) Contractor's defimik in rtopeclt of any of the oNigations that it undenak.es ivider the tertyls oftNs Agreement, except to the extent the clairns, actior,is, causes of action, k6gwii�,,)n, proceed i rigs, costs or expenses a6se frortl the kitentional or soic neghgent acts of. Olnisslioiils of, the countY �tr any, of rts emf.,ukjyees, agen ts, invilee'- other than Contra(tor), The monelairy hi-nitatlon of' kabihty under,under,contractors ot Page 29 of32 contract shall be equal to the dollar value of the contract and not less than million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3.0. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the to of this Agreement or any earlier termination of this Agreement. In the event that the completion of' the project (to include the work of' others) is delayed or Suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indernnification and hold harmless and duty to defend as set out in this proposal. OW4 LV 5pae-k-cha-w z* 41 Lkpv�-10iAeolilleAl PROPOSER Signature Page 30 of 32 HNN.PRANCE AGEIVI"S S"I'ATE,�"O E I tql' I have rev�ewed the above requ�rcmciiits with the proposer named as The foflow'mg dedii,je,tibles app�ly to the correspond�rig poky, PICII L,I C Y D��E D U CTI B 1,El S L b III � ............. I.JaNlHty pokies are&tCk)CCurrenCle CWMS Made ............. ..................................................... Insurance Agency SignaLLIM Page 31 of'32 MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIR)i`4ENTS It is requested that the insurance requirements,as specified in the County chedule of Insurance Requirements, be waived or modified on the foHowing contract, Contractor/Vendoir: Proj e ct or Service.- -.'-............ Contractor/Ven o' Address& Phone: .......... .. .................. ................................... .................................. ..................................... .................................. General Scope of Work: \ \ ........................................... ................................................................................................................ ............ Reason for Waiver or ....................... .....................................S ........................................... .............................................................. Modiflcation: I I .. ....................................... ----------- .............. —--------------------- ....................... --------------------------------- Policies Waiver or Modification will ap �tw ----------------------- --------------------------------------------------------------------- ------------- --------------------------------------------------------------------------------------------- ------------------------------------------------ m ____________________________________________________.__--------- Signature of Contractor endd�� ;S -- ----------------------------------------------- Date. ____ ----------Approved........Not Approved ........... Risk Managerne it Signature: -------------------------------------------------- Date: County Ad dnistrator appeal: pprovied: _Not Approved: Date: Bo,, d of County Commissioners' Appeal: Approved:................Not Approved: ............................ eeting Date: ------------------------ Page 32 of 32 w 7lalda o�, / ON�LIIpnWdu S ES ILICLIdat IE IDE'TAX.3 n WO, =.�r hat rr @NIMrAIP1tnAYSLfI,NINI .t00Ml,k¢'u0�'maBA11Ye AH XNNB€4 eu�u�.r,umnun4Y sv"PWCHAIAV111P oll1 IIC,Q`N 41 i srIt man IG N.Ileh10GIIII vtP+",WNIOaE�Ifltlmt Mll1hi.4,i-0 �: ww vNa „rasa a��r 4fh rm77��u hi fElf Vulph.Ltlff Kh IP01' AV6'AAYfd M wrrod YygCpM.M rtnxcwn II. �` +m�A Na.du' wauwr rMr"1"'PkSgY f�'I W1q0'R@6uV 6N'gN'pn�SaN�t fOB�V P,n 1, 4 0#��MgpM'In:(rPeIfrlV Jce�+mio-�are ar'um��:ca I I�.nr.�Prn^r Nu`6NLo1AW,oT,Nr V�.r`wul m .Uw wwo ip A+:er��,So rJu'In.ar Y" livai'.Atru',a,M1nixP rr,C';weua�� l to riu Y4Rd,'�NF';�'@,W'ry,;g I .ua.. r!ftfMr'E bfd"flIL'pN, I °� IV;rT�a iM1tiH a49'.�n:.afmu w�o�.m 'M NIFvW,ns L49y�^Raws dkll4r,vvuJ'&ur 9ip,�ayw— Mfg M�pDD11Y�l�UlU1111JJJJJIJJJJJJJJJJJJIJJJ��1U�11JUJJdRN JJJJJJJJJIJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ 1��JJJJl11JyJJ11 YJ�1�AN111»�1�IIW�aE lyll�N gMPo�Il�mw pem tlm mml ni�wmu NU ttBttmnl d t K'�mm waa 0.uwMmrer nmmnw � ., _. p r /, YII//�l� ✓�/�f//rr �/f� °� ll/l/� Nay��/illWO//�Nd�I�%f%r�Jl�rl � �� '.. / r�r��/�//P ✓ Ifs /%j%r�////I / r � %i/r�/l �/% � �y r // o � r 2025 / 2026 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2026 RECEIPT# 30140-121891 Business Name: SPARKCHASER OF KEY WEST LIMITED LIABILITY COMPANY Owner Name: CHRIS WINEMILLER Business Location: BIG PALOMINO HORSE TRL Mailing Address: BIG PINE KEY, FL 33040 181 KEY DEER BLVD 203 Business Phone: 305-491-4899 BIG PINE KEY, FL 33043 Business Type: CONTRACTOR (CERTIFIED ELECTRICAL ) Employees 1 COMP CARD: EC13013073 STATE LICENSE: ER13015631 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 20.00 0.00 20.00 3.00 0.00 0.00 23.00 Paid WRB-25-00013042 11 /12/2025 23 . 00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2026 Business Name: SPARKCHASER OF KEY WEST LIMITED RECEIPT# 30140-121891 LIABILITY COMPANY 137 PALOMINO HORSE TRL Business Location: BIG PINE KEY, FL 33040 Owner Name: CHRIS WINEMILLER Mailing Address: Business Phone: 305-491-4899 181 KEY DEER BLVD 203 Business Type: CONTRACTOR(CERTIFIED ELECTRICAL) BIG PINE KEY, FL 33043 Employees 1 COMP CARD: EC13013073 STATE LICENSE: ER13015631 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 20.00 0.00 20.00 3.00 0.00 0.00 23.00 Paid WRB-25-00013042 11 /12/2025 23 . 00 Z O L E y u LU U 0 2 �° H fie W Q LU N Z a GC OWp w W a �' Z F- J N (n / i +, N l % 4J N I— L , 1i r ��✓` /�' ' � / / M W LL i C11 f� o S LL CN C: +' 'G`Gw J & (� t t //�,/ii / / N a� LL4-1 00 Ui / / 1!i i f 00 0W }I/ LL ON U / P //, 1 �J L f6 l`� L V) L % r/ \L W /`� O 7 Z /r //J r �W r J% 0 � /� // N LL Q Q / '' % ' ' ( ° ' W / i Ul „r U Z U o a W V J a u > C J w a — C9 G cn V W Q �' `I) W H rf�k IT r�r MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, asqpecified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract or purchase. ContTactor/Vendor: Sparkchaser of Key West, LLC. project or Service: Connect Jackson Square Load Center to Generator ............. Contractor/Vendor 2128 Palm Beach Road Address&Phone#: Big Pine Key, FL 33043 General Scope of Work: All labor, services, and materials to corn plate conir�ecfing "t`e'6xt9tJrFq-1-G0rX$ ntor iq—erVMq-th'F,-.,"1T (Brit rrr,Gtmoff ........ Technology) room to the existing_g2ener, t supports Jackson Square, Reason for WaiverOT CNN Imne"'M01 um so#em"f "Of ft convad",rmdovn "(�q ,k M fh[N P10 4,3 cwflaldol A E V., Ip llro'l I ft),Nm'*,PO A mj,oa Modification: ftMW.9"hk.,%1 i.IPM pee...1—d"'k&ftb.,Mfl b.rwd G Nuft d by .,y'g nq w—Am KV-11"'lua crmofaye"era Sp.ftb.-1K*yWW LLC.",A,MNKh.11401.1.0�111AMOWLAI� W,VA"o,uc, N......fdA-MW"f",W..w, .................. - ....... I" U16AW,—.1c,111-,1,;iy",,,—qb1Xf, policies Waiver or Modification will apply to: Worker's Compensation (waived) Spafkchaser does not own vehicles,and Gary's Plumbing velhx[es we used, Signature of Requestor: Date, Approved Not Approved Digitally signed by Jaclyn Flatt Rj sk,Mari agent ent Si gnature:- Jaclyn Flatt Date:2026.04.27 08:59:00-0400' .......... Date: County Administrator appeal: Approved: Not Approved: Date: ......... ................- ............ Board of County Commissioners appeal: Approved: Not Approved: Meeting at ��PNciAl o x * sT94 OF}l,O��O� BLAISE INGOGLIA STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION **CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 4/8/2026 EXPIRATION DATE: 4/7/2028 PERSON: CHRISTOPHER A EMAIL: CHRIS@SPARKCHASERKEYWEST.COM WINEMILLER FEIN: 823534047 BUSINESS NAME AND ADDRESS: SPARKCHASER OF KEY WEST LIMITED LIABILITY COMPANY 2128 PALM BEACH ROAD BIG PINE KEY, FL 33043 This certificate of election to be exempt is NOT a license issued by the Department of Business and Professional Regulation. To determine if the certificate holder is required to have a license to perform work or to verify the license of the certificate holder, go to www.myfloridalicense.com. IMPORTANT:Pursuant to subsection 440.05(13),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to subsection 440.05(11),F.S.,Certificates of election to be exempt issued under subsection(3)apply only to the corporate officer named on the notice of election to be exempt.Pursuant to subsection 440.05(12),F.S.,notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT E02329922 QUESTIONS?(850)413-1609 RULE 69L-6.012, F.A.C. REVISED 08/2025 GARYPLU-02 TFEDRONICH ,4C`ORL7► CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) f* 8/12/2025 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: Acrisure Southeast Partners Insurance Services,LLC PHONE 239 435-7150 FAX 239 213-2803 1317 Citizens Blvd (A/C,No,Ext):( ) (A/C,No):( ) Leesburg,FL 34748 ADMDARIESS:tmarkee@acrisure.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Obsidian Specialty Insurance Company 16871 INSURED INSURER B:Travelers Casualty and Surety Company of America 31194 Gary's Plumbing and Fire,Inc. INSURER C:The Burlington Insurance Company 23620 64092nd Terrace,Suite 1 INSURER D:TechnologyInsurance Company, Inc 42376 Key West,FL 33040 INSURER E INSURER F: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PTCGL000000078-04 8/13/2025 8/13/2026 DAMAGE TO RENTED 1 OO,000 X X PREMISES Ea occurrence $ MED EXP(Anyoneperson) $ 5,000 GkiK 7 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT JECT APPLIES PER: dY. ..�. WAN"6 "'" GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- LOC TE-•--- •-w "'"'"""" �' PRODUCTS-COMP/OPAGG $ 2,000,000 NIA OTHER: — $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X BA-4S561775-25-42-G 8/13/2025 8/13/2026 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED )( NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (per. Per accident $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE X X 604BE0642303 8/13/2025 8/13/2026 AGGREGATE $ 4,000,000 DED RETENTION$ $ D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER TWC4657250 8/13/2025 8/13/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A X E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is included are included as Additional Insured in regards to General Liability,only as required by written contract,including ongoing operations,per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313.Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESENTATIVE s ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE(MMIDDIYYYY) AC�"® CERTIFICATE OF LIABILITY INSURANCE F0410112026 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: BIBERK PHONE g44-472-0967 FAX 203-654-3613 P.O. BOX 113247 E-MAIL o Ext: A/C No Stamford, CT 06911 ADDRESS: customerservice@biBERK.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Berkshire Hathaway Direct Insurance Company 10391 INSURED INSURER B SPARK CHASER OF KEY WEST LLC INSURER C 2128 PALM BEACH RD INSURER D 7 Big Pine Key, FL 33043 INSURERE: INSURER F: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR PREM DAMAGE SES Ea occurrence) $TO RENTED 50,000 A N9BP744983 11/08/2025 11/08/2026 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY JJECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 X OTHER: $ 16X T COMBINEDSINGLELIMIT AUTOMOBILE LIABILITY I I�,r*) Ea accident $ ANY AUTO 8y_- ` 4 27 26 BODILY INJURY(Per person) $ OWNED SCHEDULED 0'Ai ...—.- — "— AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED WYMwNII '+�;, �` PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE N9UM794325 11/08/2025 11/08/2026 AGGREGATE $ 1,000,000 DED X RETENTION$10,000 $ 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 $ Professional Liability (Errors & Per Occurrence/ Omissions): Claims-Made Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) License Number-EC13013073 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD r ATE(MM/DD/YYYY) ACOR" CERTIFICATE OF PROPERTY INSURANCE 04/01/2026 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. PRODUCER CONTACT NAME: PHONE o.Ext: (844) 472-0967 /A No): (203) 654-3613 E-MAIL BIBERK AoDREss:.............salessu.P.P_or t@biberk.com......................................................................................................................................... P.O. BOX 113247 PRODUCER CUSTOMER ID: Stamford, CT 06911 INSURER(S)AFFORDING COVERAGE NAIC# INSURED wsuRER.A:Berkshire Hathaway.._Direct Insurance Compai 238210 .......... INSURER B: SPARK CHASER OF KEY WEST LLC INSURERC: 2128 PALM BEACH RD Big Pine Key, FL 33043 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Location: 2128 PALM BEACH RDBig Pine Key, FL 33043 Bldg #001: Electrical Work - Within Buildings - 7456101 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 NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MM/DD/YYYY) DATE(MM/DD/YYYY) X PROPERTY BUILDING $ CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY $11 .Q BAS11 I 11 C BUILDING N9BP744983 11/08/2025 11/08/2026 BUSINESSINCOME $ 0 BROAD 21,510,COO TENTS EXTRA EXPENSE $. 0. X SPECIAL RENTAL VALUE EARTHQUAKE BLANKET BUILDING $ n a wIND BLANKET PERS PROP FLOOD BLANKET BLDG&PP $ n/a INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS $ NAMED PERILS POLICY NUMBER $ CRIME TYPE OF POLICY $ BOILER&MACHINERY/ $ EQUIPMENT BREAKDOWN SPECIAL CONDITIONS/OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 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 St Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:N9BP744983 BUSINESSOWNERS Date Processed: 04/03/2026 BP 12 01 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS POLICY CHANGES SPARK CHASER OF KEY WEST LLC 2128 PALM BEACH RD Big Pine Key, FL 33043 THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW. POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY N9BP744983 04/02/2026 Berkshire Hathaway Direct Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE SPARK CHASER OF KEY WEST LLC CHANGES Additional Insured -Owners, Lessees or Contractors -Scheduled Person or Organization Added Name of Person or Organization: County Board of County Commissioners Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Location of Covered Operations: Various Policy Forms Added Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization (BP 04 50 01 06) BP 12 01 07 02 ©ISO Properties, Inc., 2001 Page 1 of 2 13 POLICY AMOUNT AND PREMIUM ADJUSTMENT Limits Of Insurance Premiums Coverage Previous Limit New Limit Previous New ❑ Add'I Premium Description Of Insurance Of Insurance Premium Premium ❑ Return Premium Additional Insured - $ $ 12.00 $ 12.00 Owners, Lessees or Contractors- Scheduled Person or Organization TOTAL PREMIUM ADJUSTMENTS PREMIUM DUE AT POLICY CHANGE EFFECTIVE DATE ADDITIONAL RETURN $ 12.00 $ 0.00 REMOVAL If Covered Property is removed to a new location that is described on this Policy Change, you may PERMIT extend this insurance to include that Covered Property at each location during the removal. Cov- erage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change: after that, this insurance does not apply at the previous location. Page 2 of 2 ©ISO Properties, Inc., 2001 BP 12 01 07 02 POLICY NUMBER: N9BP744983 BUSINESSOWNERS BP 04 50 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations County Board of County Commissioners Various Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C. Who Is An With respect to the insurance afforded to these Insured in Section II—Liability: additional insureds, the following additional exclu- 3. Any person(s) or organization(s) shown in the sions apply: Schedule is also an additional insured, but only This insurance does not apply to "bodily injury" or with respect to liability for "bodily injury", "property "property damage"occurring after: damage" or "personal and advertising injury" a. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, a. Your acts or omissions; or on the project (other than service, maintenance b. The acts or omissions of those acting on your or repairs) to be performed by or on behalf of behalf; the additional insured(s) at the location of the in the performance of your ongoing operations for covered operations has been completed; or the additional insured(s) at the location(s) desig- b. That portion of "your work" out of which the nated above. injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. BP 04 50 01 06 © ISO Properties, Inc., 2005 Page 1 of 1 0 ).ill°hI i)d-,�,4lllJ.l\J G G, N1N1.11 `,IQSN" I"I li. 6 IIA"� kl`J I,I Nd.hP" AL ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Critical Components InfraWContract# Effective Date: Upon Execution Expiration Date: 1 year Contract Purpose/Description: This is the maintenance agreement for the UPS (Uninterruptible Power Supply)located at the EOC (Emergency Operations Center)which provides provides remedial repairs as well as one scheduled preventive maintenance service visit during the yearly agreement. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Stan Thompson 4524 thompson-stan@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 10,758.00 Current Year Portion: $ 10,758.00 (must be$100,000 or less) (1f multiyear agreement then requires BOCC approval, unless the total a urrlt�fla:9ve r�rrtarl,tnb6.?s i,V00,00.610 or less) Budgeted?Yes❑✓ No❑ Grant: $ N/A County Match: $ NSA Fund/Cost Center/Spend Category: 001/20501/00036 ADDITIONAL COSTS Estimated Ongoing Costs: $ 1 2,000/yr For: continued coverage (Not included in dollar value above) (e.g.maintenance,utilities,janitorial, salaries, etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Department/Office Director/ Signature: William Desantis �- Assistant Director Joseph X. DiNovo DigitallysignedbyJosephX.DiN.- County Attorney Signature: Date:2026.042907:43:09-04'00' Risk Management Signature: Jaclyn Hatt Date1lysign4.29ed 12 1 6 06-0t Date:2026.04.29 12:16:06-04'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.0428 1.28:05-04'00' (email eontraets@1Tlonroecounty-fl.gov) Digitally signed by Angelica Malmsky OMB Signature: Angelica Malcosky Date:2026.04.2913:09:38-04'00' (email OMB@monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 Critical Components Services Proposal Form Proposal ID:460561544-AC revA CRITICAL Proposal Date:04/15/26 Terms: Not 30(credit cards+5.0%) c � R COMPONENTS Proposal Expires:05/07/26 Shipping: Included A �►. INFRASTRUCTURE P P Y P r ..'C.. ata(.c t r i o Proposal Prepared B Andres Cris ino.ar'orescUcr.i.lFrf C�sa,iurlons¢>a.rrnxr PURCHASER (GixJoiiumi ifdlffirir,iitfioiiilnfrrr,trlyit) ACCOUNT: (Equipment Location) Company: Monroe County Emergency Operations Company: Monroe County Emergency Operations Street: 123 Overseas Highway Street:7280 Overseas Hwy City,St Zip: Rockland Key,FL 33040 City St Zip: Marathon,FL 3350 Contact: Stan Thompson Onsite Contact:William DeSantis Phone: Office: 305-292-4524 Cell: 305-394-5401 Onsite Phone: Email: thompson-stan@monroecounty-fl.gov Onsite Email: DeSantis-William@MonroeCounty-FL.Gov Proposal Ii 460561544-AC revA-OEM Advantage Service Coverage Line Qty Begin End Date Date Description of Products/Services For Equipment: Unit Price Ext.Price Symmetra PX 100k SYCF10OKF OEM Advantage Ultra Service Plan(performed by the OEM)for three phase UPS units QD2222140147 1 1 02/02/26 02/01/27 includes 7x24 tech support,annual 5x8 PM Visit,Next Business Day(NBD)5x8 response; (3)XR Battery Cabinets $8,433.00 $8,433.00 OEM supplied parts and labor for repairs also included per the attached SOW QD2316140032,QD2316140031, QD2316140023 2 1 02/02/26 02/01/27 Response Time Upgrade from NBD to 4HR 7X24 with 5x8 PMV scheduling See Above $1,500.00 $1,500.00 3 1 02/02/26 02/01/27 PMV Scheduling Upgrade from 5X8 to 7X24(after hours) See Above $658.00 $658.00 4 1 02/02/26 02/01/27 EAA PREVENT Remote Monitoring Service Upgrade to Existing Service Plan See Above $167.00 $167.00 Suggested Scheduling: 5 0 Annual MV-MAY 2026 $0.00 $0.00 Schedule planned visits with: DeSantis-William@Monroe Cou nty-FL.Gov Note:Al service coverage and deliverables provided and performed by the OEM,Schneider Electric(SE)except where otherwise indicated;SE Critical Power and Cooling Services is available 24/7 at 800-555-2725;renewal pricing valid under existing coverage only,order must be received prior to proposal expiration date;lapse in coverage may require a pre-contract audit be purchased and performed before the unit is again eligible for manufacturers coverage Schneider Electric Technical Support:800-555-2725 Subtotal" $10,758.00 Schneider Electric Planned Maintenance Visit Scheduling:800-800-4272,option 5 1 Shipping' Included Contracts,Batteries and Capacitors:OEMservicesa/es@cci.tech I Tax`I Add 'Applicable sales tax will be added to invoice unless sales tax exemption certificate is provided.Service Agreements are pre-paid,net 30.This Quote is expressly conditioned on Customer's agreement to the Critical Components Infrastructure,CCI Terms&Conditions available at https://�criticalcomponents.net/terms-and-conditions/,which are incorporated herein by reference.Acceptance of this Quote is limited to these Terms&Conditions.Any additional or different terms contained in Customer's purchase order or other documents are rejected and shall not apply.Critical Components Infrastructure,CCI Terms&Conditions exclusively govern this transaction..Provided will be Schneider Electric/APC/MGE standard products/services unless otherwise noted on this proposal.Line item pricing may contain special discounts;pricing valid only for the purchase of complete proposal. Please issue orders to:Critical Components Infrastructure(CCI)Tax ID:93-2709599 120 Interstate N Pkwy,Bldg 30D,Ste 305,Atlanta,GA 30339 Please submit formal order or this completed form to orders@cci.tech I am not providing a formal order document;please place the order and invoice me at Net 30 per the below(include Accounts/Payable info): Company: Monroe County Board of County Commissioners Accts Payable Contact Street: 1100 Simonton Street Accts Payable Phone: City,St zip: Key West,FL 33040 Accts Payable E...il: Auth.Name: Christine Hurley,County Administrator Order Ref.(PO)#: Taxpayer ID: 59-6000749 Sales Tax Exempt?: if yes,please attach tax certificate/letter Signature: Christine Hurley Digitally signed by Chnsih2 Hudey hare'.2026.05.04 15'43'.16-04'00' Date: MONROE COUNTY AFrORNEY'S OFFICE APPROVED AS TO FORM OUNTY ATTORNEY DATE: 4/15/26 Page 1 of 1 I r i �uuv 4 4 J �141Cv r1011KJD°°mo Sltaltei irilt olf Woir��',l l::::'rqpar,ed Iby Sdlhneder l:::::::]ectrlc Serdices Scopa: Servri If,,,,lll uq �IIIIII�I�II IIIIIIIIIIII�II IIIIIIIIIIIIIII " Schneider Iic. a c hi ne i r P e t r In .' 1.0 Ilf;;;;; liiv inirnair „„„„„„„„„.............................................................................................................................................................................................................................................„„„„ 11 A nrnludll IF:Iireveinllve IMal iirlteina nc Ali lid..................................................................................... _2 12 On site IRe i rnerWlidl �e ir�li�e�........................................................................................................ . „0 lf,,,e tuuuur urnd I113eirrie iiit „.....................................................................................................................................................................................................................................................................„ „0 ICeatliilllService „............................................................................................................................................................................................................................................................................................. 3.1 Anir"nusl ll:::Iire:ve ntlive llMlsinte mince.......Seirvlice 1 gal veiraUle .........................................................A 3.3 On elite IFs eir nediall.......Sernrlice I1..)61lveirallulle ................................................................................. 13 AvalIaUle upgrade to IEcoSliruxuirAsset,dv� isor for SeCLAire; Il:Ia weir and Sorullliinc3 or to Eco&.1rUXLUre II IF IE::xp eirt ....................................................................................................................... „0 Ass uuuurnllp'tlii arms aind ExdlI lii urm „.................................................................................................................................................................................................................................7, 41 Jsu.urnnlpnlirun .............................................................................................................................." 4.1.1. henna, People and 1..cabin 0...................................................................................................-y In 7 v . .... �9"OFd�:�."�; C:9d/�9E.5 In Upgrades.............................................................................................. ............................................... — 4.1.4, Secure l` AIK,SYSle m............................................................................................................ --B 4,2 f::::xllualieairu n................................................................................................................................. 4.2.1,Additio nal Scope of Work not expressly xlnre�ssCy sncldsrls,cl in the order/contract.................................... 4.2.3.Additional time or foe not planned to access or exit f rorn Customer,slle................................10 4,2,3. Stand any lirnnelMlailirng Time more than 30 minutes unless ss caused by Schneider Electrlc.....10 . : 13 Extra working° n�n�ns„�a�ne, sa�n na �, as"s�nr �;s"�:a��n r>�r: .................. ..... ..... .... ..... ..... .... ... 4.3. . Other cire.,,u s,l�asnces That increase the fir ne or costs of performing.......... .10 4,2,6. Spare,parts for End Of Service 1....ife ( :0SL)products............................................................ 11 „0 Scope f Ilf: llp urm Bill liillllii „......................................................................................................................................................................................................................................................... .11 Schi n lider:r IF:lectrlic Seroices IRespornslillnlilllite ..........................................................................12 Vial Customer IRespoirn§lilknlilllidlie s...................................................................................................... p�. 6.0 Pir j t Wark I11)etaiilll „...............................................................................................................................................................................................................................................................„„„1 61 Sealhewelunlle.................................................................................................................................11 62 L...eae llieain...................................................................................................................................1 3.3 CormnplIefi nin C iriip'eirii .................................................................................................................1 SIf°1D,,,,,,AIf.il.➢O.. C,GF:-VII�N.......IF.::.� 01 Advantage Ultra S it%ric Plan for 3 IF"Ihase UPS 1 Schineider U ect r i c' 11 0 Suirmirnairy Schneider I ectric Advantage Uhra Service Ran for 3-Phase UF�IS (UriinterrupflWe Power SLAppU y, arid/or Power Distribution Unit) service offering provides remediaU repairs as weH as one schedWed preventive maintenance service visit during fli-ie yeady agreement. 1.1 Annual Preventive Maintenarice visit UncWed as U,,)art of th vanr..nta ge Utra Service Rarn for 3-Phase LJFIS, the AinnLjaU Preventive Mainteriance visit provides a comprehensive visuaU, erivirormierita , and eUectrorflc inspection of ffie LJPS and/or F:IDLJ systern to hen ensure that cornponents are performing to defined technica� and environrnentaU q.)ecificcoons. This service inCARIes Uabor and trave xpenses with an avaHabk..) 24/7 schedWiilg U. ,.)grade q'.)flon. 1.2 On-site Rernedial services Schneider Bectric Services wffl dispatch quMified personneU to provide repairs in the event of a probUern. Parts, Uabor, traveU and priority aCCEeSS to spare par,ts are inCkAEd. The Advantage Utra Service F:Ian for 3 F:lhase L)F::IS On-site [RemediM service from Schneider Bectric Services is avaHaUe with 3 different response times fliat best Mign with the needs of the Customer's instaHatiom. Next-BUsiness Day response time (standard), 8 hour 24/7 response flrne (Upgrade), o 4-hour 24/7 response time (upgrade). Flease COnSWt Witil YOUr k)Ca� SChneider E ectnc Services SaUes representatives for more detaHs. SI:::T AFRUO ACGF::VH- F.::.N 01 Advantage Ultra Service Plain for 3 Phase UPS ....... ......... a c hi ne i r ectrIi ' Illf°°° iiir s �� iiiri� Illf,,:3 ,,,, iiir i9I �ttoilllll�vrr, "11111iii, uni " w.uv"wiui uinui 1111 Iliii ii�lliuii�uu iii'i'i'i'iui Parts,'rraav ll and Labor Flibce et cost- pipovldes service bUdgeting stability, Pdodt:y access to supply Increases your Return on Nruvesti muent:by providing quack access to drat spare parts. Flexible scheduling options allow cuustcrmnears to chose Me� response o nse n�w�tt Response e 7' time Chat Ikaeaeat aalluppn s with ttne-aur needs. Highly Skipped Services Support the Yysterma issues and qu.auclkpy 6agrucase and repair according Representatives to ffie Irmnaal nuufaact.ulrer"s sIpeecttNcatue:blns. p:::IrcvNd s e scaaNa:.nt:licrn support to address system a suue s Nru a turrne;Ny and�t"�u�prunn�t�� Support, a lfficlient Irmnalnnlneir. tte Rep or-t F:Ircvuete as detailed assessment sme,nt and reccrmnrnre ndaat.licon s to proactively ¢:tliaag nose and Ipbr ve nt any Ipctearnt'uaaN rusks to the system. u°nu°nu all Preventive One visit per year to assure systern is pbertcrrn ng to manufacturer Maintenance Nutt spina clilflicaut oin n. t-rnvi ro nun en-Will inspection Verify the sy ste m's suurrouundr ngs tc cbp d mnpzaa the Ntte,t.lirnne,of the tip:::»S amcll uutlicrm. s cytbe.rsecuur'tty is a leading concern for tbuusNness interruptions, the Secure NMC System is our commitment to deliver secure products, uullhz'u ng secure development processes, and reliable update management. The Sch ncaumtear Electric Network Management Card is independently certified to the IEC 62443-4_2 standard by TOV Rhea rnpaarnd.Additionally, our development lopbrmnearnt processes are certified Secure MWC System to both IEC and NSA Security Standards. As part of ttne Annual f::Ir verntuve Maaurnte n arncea.'Service, Sctnrneauder Electric quuaaputGe d reapuresearnta-atlive s update the IEC 2443 4-2 ca rtlitued INMC firmware as defined in all applicable ble F::ue ld Advisories and F::ue ld Mod'utucaatlions. I:::ow nNcad the lEC.62443-4-2 certificates aarne:t learn more at daAdaA A.se!e.go.I.V➢t vd ca.ulr°el°Irnlrm c .................................................................................................................................................. tat IRelloca'Cion of the Basset covered undeir this offer sfaaallll void Miis°agreeirruena llm e asset must be re scmimi ssioned and pass a I'ire Contract Audlitl:a t'tlYae new Vocation to irainsfer amid con,iinuue the coverage provided under thriis agireerner�it. t2t Gbeograrplhricall uestnctions may apr lily.Phrase vwiny availability with yow Ilocall Sclh ineidr r Elllertiriic Sentices Relpresentatives. If::1DAI.IO ACG=:V 0t Advantage Ultra Service Plain to Phase UP 3,,,,,, ......f: a c hi ne i r ectrI ' I111 t liii Ails o f' sir l 3.1 Aininual 1f:1 ur urm tli v Ill iii ur to in urn ce eitr lii II)e1hiveitrables l '11 tne speclitlic features aind delveraalblles of the AInruu.uall IPirew lrrUve IMaalilnteinaunc seirVice(3)are listed below,, IF'aalr each the irrn Misted, Schin6deir Il::A c�triic SeirVces quualllitlie d Ipeirsoininell will Ipelrtealrl n the clrlk cln your Uinliln�teirlruuip�tlilblle IF:1owwcr Suulpiplly (LYF:1 )and/or IFsc eer Distribution UInlit(IFsIC.)U) descriilbed and create a piri document suulnnlrrnaaui the i III III�III IIIII IIIII IIIII�I IIIII II II Il�llilil II Illlln IIIII Ili II IIIII Illlil IIII�II IIIIIIII II IIIII IIIII IIIII III IIIIIIII IIIII IIIIII IIIIII� 1��Ililiilil I Miiiml��111l111iiriMilli, ffilill, 21,1111... lilt Per-form\Msu all Inspect the t.,UU:IS and/or FIDU soluutNcrn to verify that system components are, Inspection clean U4p and tuulot.lia:pinl'unpp within designed sppecifticaatio n>. Perform Verify and docurnent that:the apysterrn's a nvu rornrruent is within specified EruvpronrrnerAM op eraa6ing a;a.:arud''itions hicluc kig but,riot lhin ut:ed to roorn to ripera:rture, aanu fl nww, trrrappmectpon dust coin taairuNunaatlic:pin, etc. Peirf'orrrm Meth a lcalI d Inspect power and control Wren terrrrN naai[Ion points as s well as U..UF°S and/or t matdcalI Inspection R[R). Ihieclk UPS a and/aar IF"I[NJ event and aallaaiii (logs, Verifythat hippu.u', output and bypass v allCaage and current values are within de;ayl'i oned sppecifiucaflions. a~°� Perform Fun tionalI F:1ertorinn Ibatteiry self-test. a°up rp ca-hon Verify transfer to battery operation and traan tear to and frapnn s�t k bypass. (5) heclk Ipara llet olpe iraatlic n performance. Ut'ab Verify and Nrrnpple nn rnt re gii.Aire d IRelat rUwl'i oles and IF::]eld Il c:prtiitiicafloins, tmiupp lerrm nt Updates Glieclk clilrcuulit board re,nriisiiclns arid upgrade,as required, Uppr:Vaate, the firmware of the e(.:Vuuup:pme nt as ra ccpmm(.--mid d by the nn aaln uutaactuu Irealr. Deliwear a"a graphical site report documenting UJU:::)S and/or U:::"D U staatuura and Deft er an-se aact'uarutk:s. Do uaurne nt noun Raaa.rprrnrrnearnnt any aaataUNtpernaaN ::earwucea activities as reAapuuNremet resulting trcprvo the Flire ve inUve IMaal'ilnteru"naaunc e aactiiw iJes listed above, in,,,,site lReirnedal ui ll lllliveitr llh 111 lFlhe Advantage Ultra Seirvice 1F=Ilaalrn for 3 F:Ihaase UFsS pplrcavlicte s Schneider IElec�tir is qualified d representaatiive s at the cuustcrrner's Ilocation Wthiirr a spe:ciitiie d Ipeeriiund of tiiumle to diagnose, Ire ppaaiir rid teat the syante it n uwlhealn required, Ifkeallaated Ilaalbclr, travel aairid ppalrtaa airs~ iiinclluuded vnriitlh tllniis se irwlice, (g)In the event tray-at the UPS system Ihas iniot been covered by a Sd meideir IEillectriic On sfl:e Maintenance contract,IF:actany or Il.iixtended Warranty for a periicd of six imoaintlhs or girsate,Schneider Ellectdc Services inquires na'll're-g ointrac¢Audit'and rescllua�tiioBn of any iideanitfiiied issues pnorir to accepting a seirviice agire:ermerit on flhe systeirm. (46)System dleaniiing willll be irman irrteirwreintorialll only and rnrillll he specific to exteirier&Bil and delhins.Schneider Iliiillectiric willll Trot carmen or irermeve any covers, expose Irve ellectriic 111 marts talctake the,systrsim offliiine For de.aimiing. p5p Mien iein applicable'for the system corrfigura�tlicn. SIf::1D,,,,,,AIf.II.UO.. GIF:-VII N.......If:::::I 01 Advantage Ultra erwllce Plain to Phase UPS 4 a c hi ne i r ectrIi ' ��III�I IIII �IIIII II III IIII II �IIIIIIII II�II�II IIII IIII@I II�II�01II III11111,11111111111.11 I I s 1IMml��1111111110111 lmilia 1I1Ili 1 IIIII V%eck.UPS and/or Ca:arr .ruIIh�status of i LLU)ur el°rr ,'AibuaPower Supply(L)PS)and/or Power DalrubuQOn �)r (N:::N ap aivau to ire site, such as"on Hne", or)•b Nar " � aYNLt or aaffier. Check SUPS Alarms ms iie w event Mom s and 6s,lp'Nay for alarms/ Nrnforrrrnatiraur on the UPS. Diagnose 11..rraulkalla:,:alhoot ireported issue as r quaNra:d. U epaU r Repair the systerrn and replace INmanrts as regL.aNred. Test Perforinm fu.srnctJoairnaall tests,conducted after moarrr.;clJve aacflomra is talker, Prepare and Deliver Describe the N::arQ:.blerrn and explain ffie correcHvaa action taken. A detailed Report raalporl will be IprrnvNded. IfDD,,,,,,AIZZI.UO.. G11=:-VII�N.......If:::::I 01 Advantage Ultra Service Plain for Phase UP 5 Schineider ;0 P ect r �i c' 3.3 Available u Ill gradeto II:::::toStit'uxuiir'e Asset Advllscur Secure l::'ow(.wiir aind Cooldhing oiti EcoStiruxure I T Exper"t 11 ihe connection to III coStiruxuire Asset Advisor for Secure IPowweir and Codhing is doine thiroUgh EcoStruxure 1"T' Gateway(free dowinloadable software, avallable also as a Ihairdwaire applhairice, sold se paiii 1Flhne coininectoin is doine lien a secure way, fli a local gateway that encirypts data, before sending it to the d1oud aCCOUInt where is available to ibe accesse Iby the Customer thirough a web iiinitertac,e or a nrobile app. Once Ihhe asset lis coininected, the Customer cain see aind oirgainlze the asset and its iiinlforrrmaatiicrin, IHke seirial inuirnbeir, lfaranduuat nairne, etc. Whein the asset is connected, the Custoirneir has the opton to upgrade to two 6fFEireint ireimote moinitoirhng service and software soluboins: * Il..:.�coSf.iii Asset Advlisoiir for Secure Flower aind Co&Ilhii cloud enabled remote monitoring service by the Connected Services i lub f hainii to IEcoStruxure Asset Advisor for Secure IPoweir and Coolhing, a dedicated teanii liirn Schneider IEleatiriic will ini your cirifical ipoweir iintrastruucmtuure 24/7, mainagling or tiroubleshoobing any liinculideirnt firoinn start h.')eind, * il:.::�cosltiii l r il:.::xljpeiii cloud enabled rernole monitoring software by Customer care Padner EcoStiruxuire I"IF Expeirt, d1oud lbased veindoir agirrostic software, (provides YOU With full wheireveir YOU go vislbllhity of your IIO1F lFphyslicall ii in trastiructu ire and piroactive irecaominnendaaHons oin Ihowa to hmpirove its peirfoirmaince thanks to i data ainaly§s.You cain use it Iby yourself or With your pireferred pairtineir, 11 he spedfic actiVities of the IEc oStIFUXUire Asset A&soir service are; listed below, III Ili,,ill,,,�11111Mill 00000i lill 1111111111111 ill�il111111111�ill ii,Will 1�I 111111 Mill,III IIII Alarms and Always connected to your by infrastructure, showing live sensor data Uve Data on and device details directly on your rnobik.-r. EcoStruxure lT app 24,17 Remote Schneider Electric will rernotely monitor your connected physic«:al IVIoniltoring infil.rastructuire devices 24 houirs a day, 7 days a week, 365 days a year. Schneider Electric will provide imirnediate nolificafl(.)n (based on network Marm Notification latency and polling intervals)via phone, and/or message via EcoStirk.mure 11 app, with specific recommendations, enabling a timely and infoirimed choice of action during critical incidents. Dell very of Monthly Schneider Electric will deliver a regular report with key metirics on FR.eport connected devices, including incidents and alarms and current and expected lifespain for the physical infrasiruclure. Fair ii-noire iiintcarirnaatiicain coin IF.coStruxure Asset Advisor, Ifplleause osft.s e c..o..in..-I./..a..s s..e t a d v.Ji.s...o.f. Sl::'D AFRIU0 ACGF::VH- F.::.N 01 Advantage Ultra Service Plain for 3 Phase UPS 6 ....... ......... Schineider P ect r Ii c' 4 0 Ass iiirn IIIptillo iiiri iir IIIE IIIIusilairls 4.1 Assuiiins 11�he SUccessful peirfoirimaince of the tasks defiried in ths Statement of Work�is�based oin the following �key assurnphoins, Wlfidh acre:agireed to Iby Sdhin6ideir E.::.:Iectii SeirVices, 4,1,1, Time, People and I ocation * The systeirn must Ibe iristalled liln ain eiWiroii that adheires to mainufactuireir spedificaboiris, * Seirvilces peirbi oii §te by Sdhii Electric Seii Will be executed duiriii the Schiriedeir Electric bu§iness hours Unless oflheirw its e reqUested by dhe CUstorneir, �hose hictuirs aire Moinday flhirough IF ii firoirri 8airn to 5prn weekly, Ilocall tirrie, uinless otheir spedfied, * SeirVces aire peirfarmed oir) siite by qualhfied Schr16ideir Electhc Seirv�ices Repireseiritabves, * Houirs of Qpeiratbii Ifolr 1Fsclhnlnlicsll Support are;COLUrAiry slpedific aind iinclude 6their 24/7 oir bUSlii �houirs coverage, * Next 1Buusiilness IDay is defiried as the riext clay duiriiiiig the Ibujsiilness week aii ii bu§h[iess hours. * I:Reslpoii hii lis defiiried as elalpsed tirne betweeirn wheri Schi IEle,Actiriic SeirVces IFeuclh ii Support deteirimiries ain oin §te vlislit iis riecessairy arid the hime the Seirvkes FRepreseintafives airrive at the CUsturneir's slite; Please veii-Oly the seirvice coverage and respoinse thime for YOLUr Ilocaflkbin with your Ilocall Schii F.::.:Iectiric Seii Sales ire�piresein tafives * Schneider Electidc will Iplrovlide services with rE.uslpect to equipmeii aind assets that aire iilnsiide Uhe Seirvilce Airea, "Schineideir Electitic Seii Aii ii a locafloii that is MtNin (i)oine huirldired (100)1 oir oine Ihnuulrndlrad aii slixty(160) klloimeteirs radius of a Schii Electric seirVces' locatbini; ainduu thie couirftiry lilrn WINch the Illnlsballllabiiorn site lis(located, uiriless otheii defiried iiirn Che goveirii agireeii With Schi E.::.:Iectii lien whidh case the defliniboii lilrn the goveirirdii agreement Iplrevalills. * Geographical restirictoii Irmmay apply, Some aslpects of the seirvice defiinftioin Iplreseinted lien ths docuimeirit imay vairy Iby IlocafJiolru. Ilin the case of a coii Ibetweeini the service deflirli1oirls coirritaiined oin this Stateirrreii of Work aii the Ilocall seii defiii the Iloc.all seii de fiiiii1oins Will IprsvaiiL F::oir moire iirnforrmnab.iiomn, Iplleyase refeir to youir Schindideir Electric Se irVces Sales Irgpireese irotm-Lives. * T[fls seii applhes to a custurneir Ilocafliolm with staindaird site and Iplroduuct access, Ouir SeiOces assuIrTie cointhnuous uiiiliinterii aind uinobstiructed access to the eqdiprii staiiidby hi me may Ibex chairgeable, 4,1.2, Services Activities and Upgrades • IF:Iii-eveii-ifive IMalilnbeinaince ulpgirades to 2417 aire avallable. Oin site reslpoirise qpgirades to 8 Ihmouur 2417' oir 4 Ihouulr 24/7 aire ava lable. 1FbmeA 4 Ihnouur 24/7 oirn site ireslpoinse iupgirade imay irnot be avallable tin all locafioins, Iplerase check with your Ilocall Sdhimdeir Electric Seii Sales represeiritafives oir reselleir for availabilhity, • he ire Ihmouulrs 24/( oir 4 Ihmouulrs 24/7 seirVices aire availdble for puirchase, qualhfied peii Will airidve oiri sfte withii 8 hours or 4 houirs from the thme Schin6deir Electric Seii Fedhii Sqplpoii deeirns airi oii site visft is inecessairy, t lhe coirnlplete Iplreve iiiflive; Imalilntomnalrnca dheck lirmnlplllias that the systeim lis Ilallaced liin m4hriiteinaii bypass, (6)AIIII assurnipfions that:refer Lo roadhing a location mritirfln a ceirlain ihme arre sub ed to Ilocall vain aUon Please co intact yourlocall Sdm6der E:Ied.ric Services Sales relpresentaitives Rx fixther informationi &I:::'D AFRIL)O ACGF::VH- F.::.N 01 Advaintage Ultra Sei-Vice Plairi for 3 Phase UPS -7 ....... ......... Schneider 0 P ect r In c' • The eind user Is Ireslpoin§ilblle foir enSUifing that one staff inneimbeir,lis always oin duty, av6ilable to Pbe cointacted for ain n6ident, • Seirv'llces obtaihned firoirn any Schin6ideir Electihic pairtineir or Irenselllleir aire governed solely Iby the agreeirneint Ibetweein fflh Ipu ii"ctiaseir aind the Ireselleir, 1Flhaat agireerneint may Iplrovlide^ teirinns thataire the saime as the Schn6ideir Electric SeirVices SiDlUfioins oin ths document, Flease contact th Ira^scelleroir YOLUr'Iloual Schin6deir E::lectiNc Seir'Vices Sales repireseintaflves for addlfioinal inforimaboin oin SOlUCOF1 or IProduc ts obtalined from a IreselIler. • Schn6deir Electhc Seir'Vices Will defline Wth the Customer the Ibest appiroach to find an solutbin and reserves the Irliglht inot to execute any rnodlficatbin out§de of Its definied scope of respoirl§iblhty, 4,1,3, EcoStruxure * Connected UPS and Coolhing systerns reqUire an Installed INetwrworlk Il anagerneint and (MMC), * The end use it Is Ireslpaaunslillelle for puffing 1lj gE It e S...i.rl.Pj2g2 (1), so 0hein to coninect Ihiis deAces to IEcoSfflru.uxulre Asset Advlisor for Secure F:loweir aind CoolHing, * EcoStrumire Asset A&soir for Secure IF ow and Coolhing seirVice lis perforirned also oin ftfird Ipairty devlices, * EcoStiruxuiire Asset Adviisoir for Secure F:loweir and Coolhing seirVice refeirs only to as reirnote moiniftoiriing seirvlice, * f Ihe IFeirims and CoindRbins of F.::.:COS tIrLAXU re Asset AdAsoir for Se CUire F�loweir and Coolhing aire 9 v a a 1)..1 e I i e (8) * f Ihe coninectbin to IF.coStrumii"e Asset Advisor for Secuire F:lower and Coolhing Is doine through EcoStruxure I IF Gateway (free downloadable softwaire, av4ilable also as as Ihaardwaire qpplhaince, sold sepairately), * EcoStiruxure Asset Advisor for Secure IPoweir and Coolhing Is only avallable lif III coStiruxuire Fll lis installed and coinfiguired accuirately, * EcoStruxure I IF rn6NIe app must Ibee Iilnstallled and enrolled at.t...h.J.s. IJi.i.n l.k.P) to acUvate the cloud einobled heir note irnoinftohing seirAce, * EcoStiruxure Asset AdVsoir for Secuire F:loweir and Coolhing Is opeirafloinal once the Custoirneir Is cointacted and valhidated Iby the Connected SeirVices IH-ub, ireimote innoiriftohing team, * EcoStruxure Asset A&soir for Secure IPoweir and Coolhing, cloud-enabled remote n7oniloring service, lis inot available Tiro all Ilocaaffiiolns. II consult Wth your Ilocaall Sohin6der IEle ctihic Seii-Aces Sales repiresentaUves for av6laUlhity In YOUir airea, 4,1A Secure NA11C S.Y'131-err? * The SEK.1ire IMIM Sys�tenlrm does Irnot Include the installaboin of INetwolrlkMainageirneint Card finnnwaire updates unless they aire part of as scheduled Seirvlice M61nteirllaince vlsft, * Oinly UPS car II IEDU deviices that uses IIgI C3 oir IIyllM d Iplauffffcarrin are elhgiible to the Secure III Systeirn, o IF car IW 3, the Secure MI Systeirn lis only avaiilable froirn finamaire veirsbin 3,0 car Ihiiglheir. o IFbr Galaxy VS deVces with IWC4, the Secure III System Is avalIaUle froirn finmwaire veirsbin 6 118.3.171 car Ilniigllne r. (7)hUpsl/confirnunilly se corn/15/Galevvay salftwwe Irstallation aind/lInslalling and seffing up EcoSiiiiuxure 11 n Gateway/ a p/447040 (8)hRpsl/cornmunity se coirn/t&ll coStruxure 11 T i iollp..Centeif/d..p/ecost'wLflre..it hellp center cMegoriies'?category:::�eCOStirLuXUire Alboardsonecostirume iit Pollicies (9)iptps://apjp eCOStWXWelL corn/mainage/ &F:1D A�FRIUO ACUFWH F.::.N 01 Advantage Ultra Seirvlice Plain for 3 Phase UPS 8 ....... ......... Schineider ;0 P ect r In c' u IFenr Galaxy V1 deviices wlth Mi the Secure NVIC Systeirn is avallable frorn Eiii veirsbin 14,0,0,3543 oir INglhnear o Fbir Galaxy VX1 devlices WHI WC4, the Secure Mi System Is available fii finrinwaire version 15,11 5,316 oir Ilnligllnesir. 4.2 Exdlluslloiiriis Any lute rns not expressly liinclleuded liin flNis seiii offeiring Will Ibe subject to specific quotation wind c[iairged sepairately afteir mutual agireeirneint WiTh tine customeir, IFbir Instance, but inot Il irnited to: 4,2.1, Additional Scope of Work not expressly included in the order/contract * Safety Officeir or Security escoirt c[iairges, * Costs and onairges assoballed With switcKing and Isolation opeirafloins, * Any specialized testing or coirnimissbirfing, * Ad6fioinal type test, test, oir factory acceptaince test with repoirts Out of Schin6deir Electric staindairds, * I:Repalir of dairnage caused Iby abuse, irnisuse, liinnlpircalpe ir storage coin6fions, hack of innalinteinailnce, mainteinaince not lion accordance with Schin6deir Electiric's/fhe manufacturer's instiructioins, noin coirnplbince with Soli IEle,ctiriic Iiinsllrrcucfflicairns for liinsffallllafflicin or eineirgizJing, irnechainical, elecithcal oir electiroinic overload or offier events out§de SclII Electric's cointirol, * Replaceirneint oir irealpaliir work resulfing firoirn i wear aii Lear of equipirneint, daimage oir ac6deints owing to linsufficient irnoinitohing of the eqUpimeint oir use that Is noin compliaint With the puirpose of the eqUpimeint aind/oir Solhin6deir Electhc's/the mainufactuireir's instrUCtion, * Cablling or Whing exteirinal to eqUpimeint, * �lin case of cablking Ipirclblle im oir wroing phase rotatoin, Schneider E.::.:lectirlc Seir'Vces Will inot cairry out any i on the cablking, * Software 1pircgirairNing aind coinfliguirafloin, liinclluu6irng EcoStiruxure I IF Gateway, * IPirocess deslgirii, 6VI aind otheir rneclli works, * Consuirnables, addftioinal spaire 1-mirts, cablles or otheir irnateirials and related Ilalboir aind fravel costs (suclhi as: battehes,weahinig Ipairts, Including, but riot Illiinmlhffeed to, capabitoirs aind fains), * Supply emir iirusffallllaboin of additional equipir-neint oir raw mateirial required to perfoirrn and related Ilalboir costs (slite Ibu.usbair, cabilking, geineiratoirs, lifts, testing III tift, ciraine, Iladdeir, coin taininnent aind cable glainds, liinclluucglirng coinine4.,ftioin to site ground, unless qpe6fically detailed as Included), * Re irnoval and disposal of Ilegacy equlpirneint, * Electiricol Ilinsffallllaffiicin of new eqUpimeint, * Support for thiird perty equlpirneint, * FReplaceirneint of batteries, * Adaptations reqUired due to insuffi6eint inatuire of, cur eirroir In, the infoirimaflon sent Iby Uli Custorneir, a chainge to the Ilocaffiicin of the equlpimeint oir Its einviroinirneint, * All oin slIte support dispatch seir'Vce, resulding from EcoStirii.mflre Asset dvisor for SeCUire IPoweir and Coolking reinnote seirVce moinitoiring seirvlice aire goveirined Iby a de6cated Stateimeint of Work Wi is inot Included In tNis Stateirneint of Work wind Will Ibe&airged following ouir,staindaird Ipiriicliing Mist, F:llease irsffenir to youir Soli E.:..:lectiric Services FlepiresentaHves for moire inforimation, * EqUpinneint iniot Ipirovlided Iloy Schneider F.::.:lecthc Services, F.::.:xanniples Include Ibut aire not Iliiimited to: h ii ird party cornpoinents, SWItchgear, &l:::'D A�FRIUO ACUFWH F.::.N 01 Advantage Ultra Service Plain for 3 Rnase UPS 9 ....... ......... Schineider 0 Pe t r III c' u Ilumfornrnaahoin Fechindlogy (I IF) IDduulilpirmmourt. lir-nstdHafioirn activities inot 1proviicded Iby Sc.lhinedeir E.::.:Iectiric Services as part of UNs seirviice limncduuade Ibut aire snot Iliiinniiitocd to: • System iiirnstallllatoro, • IBttoiry asseimUly, • Ilirmformnnatioin Fedhindlogy (I IF) IE quipirneirit rnigir'afloin seiroces, • SpecbIkzed tesfiirng oir coiryvnnissioinlirig seiroces, 4,2,2. Additional firne or fee not planned to access or exit from Customer site * I.Ddlay iiin gaiinlirig access to oir obtaliniirig wark 1peirirmnlits foir Uhe UIHty substatbri oir odheir aspects of the §te, * De1ays liirnWrired due to coirnpIbince Wth exceptionaI Ibaaclkgrou.nnad dheck requirements or due to reqUired medcaI oir dirug tests, * AddRioinaI heafth and safety, eiWiroinimeintd oir seWirity irequuliireiments at the Custoinneir's sine whic h weird inot 1piroviiouuslly agireed to Schineideir IElectirlic. * linductbin, Safety or Cybeirsecuifity b4iniing Iloingeir thain p1ainined, * Access to Find oirn site deshir-mtJoin Iloirigeii-thain 30 irnliirnuutos fmirn gate to the eqUpimeirnt, * Ddays irdlated to F'11 (ino caimeira, ino Ilalptolp, format dsk afteir imissioin), 4,2,3. Stand by timeMaiting Time more than 30 minutes unless caused by Schneider Electfic; * Uiriavai1abiIHty of Custoirneir or Its tNir'd 1pairties roe qdir'ed foir�the 1poirfoinmaince of thle seirVces, * UinavalHldNIlty of equipimeint, tods, Iliairdwaire, softwaire, liiriteiririet camiiectVity, oir office space required foir the 1peiffoirimaii'ice of flhe seirviices, * CainceUlafioin oir 1postlpoinsinneint of the seir'Vces Iby the Custameii,(=Iess liin acc oir'dair)ce Wth Chile contiractwith Sdhin6deir E.::.:1ecthc), * 13e1ay 01r Uiriav4i1abiliIfty of tirainsport 6theii-Wheiri iriot oirgairilized Iby SdII IBlocfdc oir m,utslde of Schineideir Electhc's corntirdl, 4,24, F.:'.'Xtra working hours not included in order1contract * Scheddle modficafiaii or acce1eii-afioin Ipllmain reqUested Iby the custameir, * AddfioinaI expeu'ises (accoirnirnodatiaii, cateiriing aind tiraiiispoirtatioin), * Ddlay liin dedisbins aind appir'ova1s Iby the Custoirneir, * I)dlay oir uiriavai1abi1fty of accurate airid coirnpIete lhrnfoirirmnatlbin as irequested Iby SdII IBlectiriic. 4,2,5. Other circumstances that increase the time or costs of perfonning Other everits oir dirCLUrnstances outside of Schineideir Electhc's reasoiniabIe cointimI WNch iiirncreaaso flhe fikne oir costs of peirfoiri-Ning Hie seir'Vces, &l:::'D AFRIU0 ACGF::VH- F.::.N 01 Advantage Ultira Seirvlice Rlairi for 3 Pi)ase UPS 10 ....... ......... Schineider 0 P ect r �i c' 4,2,6, Spare pails for End Of Service Z ife (EOSI products ��he SuppIher shaUl not�be haUle to guaraintee Uhe ava�IabiHhty, ddhveiry of sIpaim Ipairts for any pirodUCtS flhat Ihave reached their offlcbI F.::.:nd of Service I lifp (EO&I deslgnabon as defined Iby flhe oirlgiinaI eqUpmeint innainaufacWrmir(OBIM), 1Clhlis ex6lusion appIhies ii-�reslpecfive of the qpeirafioinaI status Of SUdh Ipiroducts at the Urn of the seir'Vce reqUest, 1Clhe Advantage Ultra contiract does inot guaraintee of sIpare Ipairts for F:::0SI Ipiroducts, Accoirding1y, no wainraln'tLy, servic IIeveI coimimRirneint, oir,sIpare Ipairts guairaintee shdH appIy to EOSI pirod mas undeir ths Agireeiryient, Rease contact youir locaI Seirvlices F.Zqj-.)ir,eseintafives for d1airificatioin, F-�aindeii,Mr- FlirotocdIk! Sdhinedeir IBIemtrlic ireseirves flhe ilght to jai rend, withdraw air,obheirWse afteir V-fls subirnissbin wiflhOLA Ipenaalfty oir chairge as a ire&aft of any event Ibeyond lits cointird arising from oir du.,ue a 1,.)aindeimlc or siimlIair events, Iiindllrudliung chainges liin Ilaws, reguIations, Ibyllamrs, oii-direction froirn a competeint authoirfty, &I:::'D AFRIU0 ACGF::VH- F.::.N 01 Advantage Ultra Service Plan for 3 Phase UPS 11 ....... ......... a c hi ne i r ectrIi ' 5 ' III f III��' ' III iir 'i'I�Ih e Iiteiry-os stated he ire airee ire:sponsliblillli�hlieas of hnc�hlln S61I Electric Services and the C>uus�hcni rneir. „1 Scivinelder, Electildc SeitrVicesIlf llra urm lii ll� lii 111 lii li o Schedule qualliClie d reaprel°se,mnUeaUliveas to pe irfcr ro se irvw ce:s. u III the pire; detenrm"nliined scheduled eirvlirce date, wa IManage and cearnir6inate sclh ediullliing of the preventive services cir other ne:e ded liunh ivein�Qlicins. u IPe irlhcnrin s irvliceas he mnnanuhachu irer's slpewclhhlic hlicns and conform to Ilocal Ihealth aind safety reagullahlicmns. * III imanu.u�faCcUrer and Customer safety irequuliireirne inks. * Su.ulburrnlhh slfte: forms, dOCUirrnei n�dPn�dcn/relperh to the C/u.us�hcinneir. * Ilinfcirirnn and Ipircvlirdee irecoirnnir eind'anlions to nlhie Customer about any actbin lien IMS not Included In this State irnnent of Work, * As Ipairh of the Oin &te IRernedlienll ssirvlice: I:1eirf oinnn hllne de�hliined maintenance s irvliceu tasks, uulbi R§tee^and rnalinde in aince f'cirurns to Ullnee c:ustoirne ir, Ide inUlihy aumrU docui rue.rit calpe irn Scllminealideir II:::::Ileactriic Se irvlices aind/(,)ir C iu stoirnmeair lissuwers. 5.2 Custairriteir, Ilf llr) rrm liilll3liillllii lii Prlbr to carder, limnhcrnrn Schneider IE l c�hirlic S rvlis s Sales of airy slpe cli ll slfte:ccirndli�hiicirns that could pircllnlilblih the successful execution of hhlis shs nUsr�i��d seirvic�, such is Ibn'h ir ch iirmhh�r to, s�cwru�dy clearance, §ten access regUrsmnneinhs, Unions, no hiruuclk access, no Iloa61ng dock, no seleva�hcir;access, no iinslde imcvliing eq6pirneint ava lslblle, etc,; Once agireed u.ulpoin with SraII IE:::Ilechriic Services Sales, acceptable special sluts coine.Ulhhlicins irnuush Ibe;clearly lideinhli�hlied can the Cuus�hcinnemr IPuuircllmsse Order, u Il ircvlidee dates aind firneas wllne;n the scheduled d work main Ibe Ipe iribrmnnead'�. Prcvlide Sdhin6deir II:::Ilecuiriic wwlihlln 5 Ibrnsliiness days' nc�hlicea of airny r guulire d r scllmaed'ualle, o IF=acIilllilate site access fcir SclII IF::Ilechrlic Se iroce;s Ipeirscunirne ll. Pirenode a s6table Ipath warliUhnlin the Ibulillr.Uliing to irelocate the ccrirnperneeints Uircirn the d oclk to the UPS systenn Ilccahlicirn. cr 1F:'rcuvlicie;ea sulit ahalle Ilocee�hlia:en hcir the siIagliing of hlhneu old ccirmnlpa:.aneairnhs inearlby the UIF:IS syshe it n Ilccea�hlon�, c If Ipcsslilblle, allllcmww the use Of C,stoner can site rnncuvliirng empuulilpi mnein�h, such as, inncvliing dolly, two wheeled truck, 1palllle t jaclk, etc, * IlProvlidde;ea nanme d ire;O.urces f'cr scllneeeUuulhi ng of the se irvlice;s. * INclhlify Schneider IE::Ilec�hiriic Services personnel of any secuuirifty clleairamncee and/or safety Uiralinliirng air d equipment ire quuliireeirrne ends lien advance of airirlivall. IF::unsuuire safety plain Is lien 1pllace, 1prlicr the liunhe:;rveeunhlicin, r Set•up IE::coStruuxuuree II IF IF:re;ea amnd unnaliinhaliin the contact Itsd oin the web profile, o II:>rcvlidea a Ipoint of contact duurliing Hirne of seirvlice, c Il:Ircvlide a Ip61nh of contact at the ccinnlplle;�hlicin of service to§girn c�hlh on Ipeirfoirime d work, IF'ircvlide the inainne of the project rnainage:r(hh applllicalblle;)�. o IHave the 1pairfiies ireslpcinslilbllea fcu-cpeera�hlicmn of the ewgulilpirneinh 1preasen�h hcir Ibasic cpeara�hcir aralinling after the sysde inn st ai t up, c) Schineideir IElechiriic W11 innalkee rnuulhhliplle ahheirnlphs he 1pircracdvelly contact hlhne C Ushcirner he schedule nmaliinheeirnairnce senirVicess due, II Ilcwraeveer, It Is finally the Customer's ireslpcainsliblilllhhy he e rnsuuire:all services due acre scheduled in ad'vaince of contract e;xll:nliradlon. &II::1D,,,,,,AIFI UO C GF:-VII�N.......1F.::.� /UU Advantage Ultra Service Plain for Phase UPS 12 1 6III0 lll°°,Iir oject War Ilk lll[�' etalllls The, Iplrojecrt worty details Iliisteact Ibelow aire Ipiroviided Iby Schneider E.::.Aec.ftiric Services for the Custorneirwith re aind to seirvices date, Ipllaceer aind completbin emir liteiria, 6 1 S61hiedule Actual set dates W11 the ctiscussed and approved Ibetweein Schneider Electiric Services and ltlha Custumeir, 6 2 1 ocatloin Phe Ilocstlioln of this seirVce wlll �be or) s��te aind will �be agreed to �by Sdhin6deir E.::.Aecliric Services aind the Customer Iplriic,lr to the seirvlice deliveiry, 6 3 Cornplefiloin Girltaida Schin6deir Electric Seirvlices lis expected to have flinished fits wirittein dufles Whein any of the folloWing occuirs: 1 Schneider Electhc Services coirripletes flhie tasks desciribed lien SecUoin 3,0 of tNs Statement of Work document, Z. t lhiis seirVce and Statement of Work aire Itsirlrrniirnated for oilfheir Ireasons Wthin the SeirVce Customer Agreement, sacolrn/selrv�c�esNII MINIll U�I 1 41, Oc2O26 Schneider II llediric AIIII rights reserved 1 t2 inforimarlon provided!in[his Srarernenl of VVoirlk cannot be Used or duplicated,in fulll or in rmirt Oflher uses for flnis document are prohibited silthOUt MffiRen corrs&M by Schneider E:IecLiic AIIII Sch neideir trademarks are property of Schneider IlDectlriic and is SU lbs dianes an ffi a d ollites Other tm m dearks a r w i(e�1property of thei respective owners Specifications a to change subject t change WithO W notice Disdairrneir lrhis linrorrmaauirarl,is irelliablle a1:the puml ch creation and may be subject to change SF:1D ARUO ACQf:::Vl F.::.:IN 01 '13 ....... ....... M" v eSS IIIItiti1�41�11�411� � rehmq , ��y u��: ,, i III muu�ul� ��IIII w p rea � II IIVutlN �ry� p � � u II ��Oml �� 41N�II '�I�j � 4pl&VWnu R,M�N �IIIIIIVw 4119V9� ��IIIUI • Stalteimein't III IIII Woir-l�k IIC;;; t Il::::::'ell li'Ljair 1 l::::'r-,epaired l y Gilticd1 l:::::Iow&r & CodhikingSerVices II : I1'.'.Ilgiltd rVices ��IIOIgl�llii�lui u�u i�illuuuiiluluiuu�luuu��u�ui�ii ��II � � I ° `" uIImIN it a� Ii � .Ilm� �II � '�� , �e ctr,�c I CIR AA2 IK IN 7 Schneider �hneide 1„0 lf;;;°, u lii uu muimrm u „„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„ Ilf,,,: t u ur Ilf;; eineflits .„.„.„.„.„.„.„.„.„.„.„ 4. AServlice mr irvrie ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4 2,2 1== atuires & Beinefits,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5 „ II[)et liilll ui lii . „„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„ 3A AallClMitli s & IC::)escirlilptlirmrm ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6 4.0 Assuimptiloins „ 4AAssumptions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,7 4.1.1 T lrm i s", eaplek Location 1.2 Ss rurlc e Activities N A 4.2 E::.xcIluuslions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,8 4.2.1 Additional Scope rut'Work not expressly included in the a rderloont�ract.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,8 422 Additional time or fee not planned to access or eyit from C ust,ormmer site.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,., 423 Stand by firnelWaiting .l.irmre more than 30 minutes unless caused by SChneider F...lectric.....,.,.,., 424 Extra working hours not included in or er1corm tra ct.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,., 425 Other circumstances that increase the clans or casts of performing in .,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,., 10 Scope Ilf„fie IIp urm lii III,)lii III lii .„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„.„ 11 5A Sdliti6ideir Electriic Seirvlces IResp irmslilk:mlillli iies,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 11 5.2 CustoirTr ir•IReslponsiilblilllitles ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 11 „0 lf,"ur ject Work IIG t IiiIII „.................................................................................................................................................................................................................................................................................... 11 5AScheddle ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 11 6.2 1,,,,,oca lioin,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 11 53 Cauirn"nlpll tliamrm Cirliteirlia ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 11 "T..0 Stain aiind Feimmliiurm tlii urn„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„„ 1 T.1 1::: uratiion.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 12 T.2 1::: liscoiruirmeaaiion and Il:::)amta,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 12 73 Opt O au�t-------- 12 RMC1 ... A2KN7 EcoStiruxuire AssetA&isoir tar secuire Ipoweir and cou"pllliirma ... (Prevent 2 Schlneider� Pectric Ll iiiihri a ii,"Y Sci,-irieider Bectric EcoStruxure Asset Advisor for secure power and cooHng — F)revent a cpoud-enaNed remote rrionitoring service, can monitor, trouNeshoot arid track site proNerTis in a fime�y and efficient imanner. This s(-.Arvice wiH c..%vakiate incidents and activate the proper response rnechanism with User-defined notification ru. es, irickiding phone caH or message or) a mobHe app. The EcoStruxure F app (2) deHvers We sensor data and sr'nart aaarrriE-.; on connected devices, giving cu for hers peace of mind knowing tl--ieir physica� infrastructure is being mom nitored Iby quaffied experts, 24 tmurs a day, 7 days a week, 365 days a year. E::coStiruxure Asset Advisor frjir secure 1poweir&coolhing FlirevenL inaimriiimg cain The shortened to E.::coSLruxuire Asset Adviisoir Pirevent after the first mention, (2) E.::coStiruxure Asset Advisor IFlra,wreint liinclludes allso E::co&ruxure 11 f F::iree wlNclh coin§sts of a software gateway,a molbille app,a cloud based account to store,your data and a web interface to visuallhze your data. E.:.co&ruxuife 11 f IF:ree iis only avaflable or) inehmodked equipment oir!if flhe e!is a rnairragenneirlt device, RMCR AA2KN7 EcoSh roux uire Asset Advisor for secuire Ipoweir and coolking Pirevent 3 Schlneidev� ;r-Eiectric Zill) 2 1 Seiiii Oveiiii l:..:..:.;coStiruxuire Asset Advisor IPir rnt lis a dloud enaUled 24/7 ren,'iote monitoiding seiii that j,,.)iroacfiv(..;,lly IlTfllli^s downflime and reduces Iblreak fli Iresollufloin Urne flhiii simaift aIlaini reiii tiroUNe shoo fling (2) airid vi§bl!lIhty llinto youir eqUipment Ilff ydle COS tlli lr II F App is, availlablle on Andiii n Il0S, aIlklows instant access to Illlive seiii data, and 61,'iat with your own itaalrm and the expeirts at ScIlhneideir l::::::]ecbii Connected Seiii Il llub 24/7, IpiroVli6ing Ipeace of ai and fast Ipirobllern ues6luuutlon l::.::.:::coStiruxtjire Asset Advisor 1::::1ireveiii Ipirovlldes Imacll'-iiiine data fl'-iat foiriii the L)a§ls of Iloing teirim qlpeiration6l lirnaligltnts and anallyflcs, 6lirned at redu6ing eqUipment rnaiiinLeinaiince costs, aiii d6hiveired thirough a secuire coninection. t2) f mubleshoobing Ilevell delpendling oin itylpe of asset,gaiteway veirsloin and fininwaire iievisloin(asset aind ineWork rnainagenneW card), RMCR AA2KN7 EC03hi Asset Advisor for secuire ipoweir and coolking Pirevent 4 Schneider ZPE reccrir M � V Access to urnpcarruaall.liraon on c.ruhiic.al urupraashruuu::puuraa devices,s, rc:rvoa.av'rng the need to access as EcoStrua uare lT app lataprpaapa and log into p:�'N in carver to see whoa-at an aalarraa concerns,s, and how critical the alarm is--all oavaaHaalble on the Andr6dAOS rruobH . p_uve data on MoWle App Connect to ycau.ur physical uraprastraucpu.ure, shnranraurng live sensor data and device details 61ra ctly on your smaarft.lpalhoinaa. IRaoaaaav(:,dhnaa need for multiple monitoring platforms s by ruaaanaa rng an extensive:range of c a.:arnonec;te(J Schneider IBIlaac,pr'uc,apaav'uc els urnc,lo..ua�'urug: p-pahuaase and ;.p..•pnharse,u. f::IS , poweruu��:�w�v�auaa��au��¢�u.uup�raa�auap Suppork cV pir�au n devices�amonitored,hng and rrf.) provided devices and other data center devices. party c.ed pliese d'WaWels have an IF1 port Wthu SN p::z rc:>'ir IlMu:adlbuu TC::1 and c efivaar uusuafdl iiinfoini oaaplion. Provide urrnpnruaved securtty for Your infrastructure ctuare devices, and machine data forms pllaaw Cybersecurfty basis of apse ruahlonaall unsa grits and anallytucua,Renee at raduucuruap ecgo..Jprnen t maintenance costs. Encrypted CornrnuMcabon Go through Our caaull:lbaaUnd area encrypted Gateway. Outbound hnptpas connection from Gateway'LO u;lOUd Wthn 2048(bits'through Iprnir&443, Monthly Report Defivry C cuntaauro a cruu shoraa, condensed ndensu d nsuuruaruaary op all die critical urnc;;dears and alaarrmu s of your c oin near ted devliaces that occurred aver the Ipaasa irinrurnthn. Allarins on App capipy ..� u Customers er.rs via um and/or obHe aor phone call as cr'u0iivaal events occur, allowing for past issue resolution and rrnilinilrmniized dcavvun'piiinne. I IMCI ...A 2Kl 7 EcoStiruxuire Asset Advisor for secure Ipoweir and codlliinrg ... IPirevent 5 Schneider Pectric III)ataikdIs of Ser"Vite 3,1 ActiVities & II)esaiription the spebfic actiMbes of Che IEco �hiruuxuure Asset Advlsoir IPireveinit service are IIIis1Ced Ihaellc wv: Sensor Da-ta Show live sensor data and device details 6rectly on your smartphone. F:Irov'ude hnrnedbte� notffiicalJorr(baseld on network latency and polfing int(.:urvals)via lrnrnedu ate No-fifica-bon phone, and/or message via rnoble app,with specific racornmendaUons,enabling a Umely and unforrned choice of acUon during chflcal inbdents. Monthly Report Defivery Contain a custorn, condensed surnmary of the cdUcal nmidents and alarms of your connected devices that occurred over tire past rnonUh. Schnee der Electnc will: a receive urnrnediate nofificaflon of physical Wrastructure alarms; Expedited Problem Resolufion a notify and work wit h the Customer to diagnose the problem. Provided on site service is purchased. Ifon-cute service is 6spatched, a qUalffied SchnekJer Elec�hc Servkes personnel will acquire the perl nern unforrnafion prior to arriving on she. RMCR AA2KN7 EcoStiruxuire Asset Advisor for secure Ipoweir and codking Pirevent 6 hleie � �noerrric 4.,,,1 Ass uuu iim l tlii ul°n �ff1hne successful uelffolrinmolrnee o� ff'tIhe tasks defined in ffhli s Statement of Wmlk is (based on the ffcallllo ling (key ssuuinnlpffiioins, which ore agireed to Iby Schineideir IElechiic Seiwices. 'fflhoe sysffenm must Ibe liinsffelllled in an eiWironnirnneirnff that adheres to unnainuuffecffuuirer speciiffiicaffiioins; elrvlices perffornmed oin site Ikay Sclhnumeiider IC::.Ilectlrlic F::�ield Seiii Willuulrliing Ihuo executed d clhineiideiii IEleocffiriic Ibusiness Ihnouurs unless offlheiii requested Ihmy the Custoirneir. ..rIhnose Ihouirs are Moineffey fflhlrouuglh 11==lrlidsy ffirolrrn 8a im to 5Iplrrn weekly, (local fflilrnne, unless offlhnelr4se slpeclifflie , All seii ices afire 1peu-oirirmed oin site Iby ceirfflifflied Sdlhineideir If"::.Ilec brie Seirvlices 1per soirninell; h houulrs of Operation ffor Feclhnlrnlicoll Stuplporff ralrc; Couintiry specific olrnd iiui eiifflheir 2 l 7 olr Ilnuuslilrnenss (hours coverage; Next Business ID ay its defined as Ul"ie i day du.uu'iiing tl'ie business week aind rn¢alrumm ll Ibusiness Ihnouuiii Reslpolnse fflilrrne is defflilned as elqpsed fflilrme (between Whelrn SclhlrnelWeir Il:::.11ecfflrlicu SeirVces ffechlrnilcal suulplpoirff 'eteiii srn on site vlislit its Inec.essalry and the hirne the 1F::lielld Selrvlices 1F:�epu'�eseinffefflinse aIi at the Customer's site. 11=olle se verify the scrii coverage iro I iresponse ffliinne ffoir you.uir location With your local c.lhmeii 'e^r IC::.Ilectlriic SeirVces sales relplre seinffeffiive^; clhnelid'elr IElecfflriic will Iplrovlide Selrvlices With Irespect to ec�uuiiplrmelnff camel assets that are iinside the eii iice Area, "° cllnnelideir IE::lec'thc Services Area" irmeorns s Ilocation that its wittflin (li) one (hundred (1100) nniilles oii, one Ihuirodirecff and siixffy(1160) Ikiilloinmters iradius of o chlneidell" IElec ffirlic;Serviices° Iloc; ffiiorn; and (ili) the coulnDry in wlhlic,lhn fflhoe Ilinstolllloffiioum site is (located, unless o�fflhen iise defined in the govelrinlirug ogreermeinff wlhfflh Schneider IElecrffrlic„ lilru WNdh case the defflilrnliholn iium fflhe gonrelrlrnlilrng agreement prevails; eogr 1plhlicoll resffiriicfflions irmay apply. Some aspects of the serviic e deffliinlifflioum presented lien this document may v Iry by Ilocation. Illrn the case of a colrnffiic�t between the selrviice de�ffiilnihffiiolns contained liln fflhnlis Stateirmint of oil* oirn ' 'the (local seirnrlice de'ffliumlifflioirns will Iprevail. IF�or,armoire iiinffonnrrn 'ffiioum, Iplease ire�lfoii,to your oh'nmeildell" Elechiic Seirvllces sales Ireplreselntabve; and Phis seii ice applies to e Customer Ilocofflioiru With sffeindaird site annd Ipiroducff access. Ouuir seu Bees assuime continuous uu61nteinruulptecl and ulrnolbsfflruc ted access to the equulilplryienff, sffcnlndlby fflilnme may Ibe clhnalrge alblle. .1.2 Servi en Activities Upgrades l:Ilrevelnfflive IM aiiumffein aumce% uull::oglr des to 24/7 are availloll;alle. On site i'espolnse upgrades to 8 h ow-24/7 or 4 Ih ouuir are available. Phe 4 Ilmr:auur oin site ireslpoinse Upgrade irnay nncnff Ibe Omar lillalblle in allll Iloc boirns, Iplease check with yrouulr(local c,lhnlneiidei[ IElecfflriic selrVice sales Irelplreselrnffefflinue ou Ireselllleir for,av alil4blillliffy, a (hare i llnu.usliiness dray„ 4 Ihncouuir oar 8 houuir seirtrlice s are available for Ipuirclh se, c oirfflifflied persoininell will olrlrlive on site wlhfflhnlilro 4 (how-or houu. ou-- next lbuusliroess day from the ffllli Sclhlnelidelr IElectric 13elrvlices Feclhoumlicall Support aeries ain oin site visit is irn c; ss ili 'rhe complete Iplrevei nfflinue In4ilrnffeumolnce check, iiimplies that the systeim lis Iplaced in Innolilntein lace^ bypass. w Seirvices obtained ffireoi rn any Schineideir, IEIlech iic; Ipsirffineir oar iresealllleir sire governed solely Iby the agreeimeinff between fflhe Ipurcnlhsseir-and the Iresellllealr, "rh ff oglreeirnneinff Irnay Iplr'coviide lherunns fflhnmff are fflhe salrme as the Sclhin6der IElectric Services Solluu'ffiloms on this document. (Please contact the ireselllleir oar the local clhnlrneidelr IElecfflriic sales Irelplreseintofflive for ad'6bolnaall lhinfolrlrmotliolrn on Scal-meiider IElec�tiriic Seel-alices Solluufflioins oin n I iroduumas obtained ffiro m o imsellller; clhnumeiider IE.::.:.11ech iic IF::'lielld Selroces will define uvihfflh fflhe Custoirneir fflhne (bent approach to fflilnd a solution and reseiii fflhe hglhnff not to execute any nmo6fflicahoin cuut§de of its defined scope of ireslpoinslilblillliffy; IIIII assumptions that ray*ileir to madhiling a(location Within a crernailin nlinr�re are 5 uulbje n to Iloc all vairliaboins.IF^Ilease coo n�tacit youuir Ilr oath Srelhineder If:llecitidc Sea viices salles relpruasentaniive for Fuirth ear iiinfoinrina iioin. I C ..A 21KIN 7 Eco ffruuxuure Asset A&isor ffor seculre power and coolllilrng ... IPil'eveunt 7 Schineidev� Z?E ie cc r i c * 'rhe end useir is responsible for elli flihat oine staff meadbeir is always oin duty, available to Ibe contacted for aini incident; * 'rhe eind user is respoinsible for putfling all 1pireireqWsRes lien 1pllace to einable their devices to be connected to IEcoStiruuxuuire Asset Adoisoir for secure Ipoweir &coolhing; * All devices reqOire ain linstalled Network IMairiagement Card (II MC) or Ibe E:::coStirUXU ire ready via SimairtConinect. Phe deVice imust ibe connected to and discoverable oin a RI.P/1HP inetwork that cain ibe made accessible to connect to the IEc oStiruxuire r'r Gateway or vlia the SimairtCoininect Ipoirt; * EcoStruxure Asset Advisor for secuire Ipoweir& coolking, cloud eii ireimote moinitoirling service, lira not avallable lien all Ilocations. F:Ilease C011i With YOUIr Ilcc al Sclniri&deir E.::.:,Iechi SeirVces sales relpireseintaflve for avallabllhity lien youir aii * EcoStiruxure Asset Advisor for seCUIre Ipoweir& coolking refeirs oinly to a re emote irmciii service; * Phe reirims and Coindiboins of IEccStruxure Asset Advisor ter.secuire power&coolhing aire availableb-g-re.. * Phe coinineefloin to IEcoStiruxuire Asset A&soir fair secuire ipoweir& coolhing is doine tihirough IEcoStiruxuire Illh.. Gateway (free dowinloadable softwaire, available also as a Ihairdwwaire appliance, sold sepairately); * EcoStiruxuire Asset Advisor to secure ipoweir& cooling iis only avallable lit IEcoStruuxuuire r'r is liirnstaalllleed aind configuired accurately; * EcoStiruxure Irr iff iobile app irriust Ibe iirnstrallllead aind einirolled at this.1inh to activate the doud einabled ireirnote moiii se irvice; and * EcoStiruxure Asset Advisor foir secuire ipoweir& coolking is opeiraboinal once Uhe Custoirneir lis contacted and valhdated Iby thie Connected SeirVces Il lub, reirnote innciniitoiriinng tearn. 4 2 II:..:..:.x Ill usioiii Any teinns not expiressIy liinclluude,d lien dhiis offeir for the Services W11 Ibe sUbject to a specffic quotation froirn Schneider Electric and will ibe charged lien addition sut.)ject to agreement with dhe Customer. Phis includes, foir instaince, Ibut lis snot Illiimlhted to: 4,2.1 Additional Scope of Work riot expressly included in the carder/contract * Safety officeir or secuirity escoirt chairges„ * Costs mind c1mirges associated With switc[-flng and liscllatlion qpeirahoins; * Addifloinal type test, iteast oir IF A F With ireelpcairts or other repoirts out§de the Sctineider Electric standards; oir any specialhzed testing and coiryinnissioiniirig; * Repair of daimage caused Iby abuse, misuse, liinrnlpircalpeir storage conditions, Ilack of ririainteinaince, m6linteiii unct iirn accoirdaiii With Sc[ni Electirlc/the irinain ufactu ire i ii iris tiru ctions, incairn coriq,'.)Ihance with Sclhin6deir Electric instiruchoins for installatbin oir eineirglziing, mechainical, electirical oir electiroinic overload oir other events OUt§ide Scl-ni Electric's coiii * Relplaceirnent oiii woid< iresuulltliing froinn noirirnal wear and tear of eqUprnent, darnage car ac6dents owing to kient innoinitoiring of the eqUpirneirnt oir use that lis noin cornpliant with the puirpose of the equipirneint aind/oir Schne deir Electiric/tli irnainuutactuireir's instruction; * Cabling oir Wiring exteirinal to eqUpirneinty * lin case of caUking probleim, oir wiroing 1phase rotation, Schneider Electric IFielld Services will not cainry out any rework on the caUhing; * Softwaire 1prcgraurrniiing and coin figuration, iiinclluudiirng IEccStirUXUire r'r Gateway,- * Process desigin, 6VI and odheir mechainical woirks; * Coirisuirnables, aWtbinal spaire 1pairts, cables oir odheir irnatehals aind related Ilalbor and travel costs (e.g.: batteiries, weaiii Ipairts, IIICIUdiing, Ibuut not Iliiimiited to, capa6toirs aind fairis); RMCR AA2KN7 EcoStirUXL.fire Asset A&Isoir for secuire Ipoweir and coolking Pirevent 8 lirels(."Din Schneider Z?E ie cc r i c * Supply oir Iiunstallllatliorn of addifloiii equipinneint oir iraw irnateriiall iid to 1pertoirnn aind a'-elated Ilalbor costs (sfte Ilnuusllyair, cablhing, geineimtors, Illhtts, tesUng Ikiit, tift, ciraine, Iladdei�, (;ointaiiii and cable glands, including coiniii to site ground, uinless specifcally detailed as hincluded); * FReirnoval and 6sposal of Ilegac,y eqUpirneint; * Support for third 1:)arty eqLflpirneint; * lintervention liin a dfffeireint Iloc.atiioun than Ipllaunined; * Adaptatbins iid due to insufficient nature of, or error in, the information sent by the Custoirneir, a chainge to the Ilooatlioirn of the equipirneint or fits einviroininleint; * All on site suppoift 6spatch seirvice, iresuulltliing firoirn IEcoStruxure Asset Advisor foir secure power& coolhing ireimote mo6toiriing seirvice are governed Iby a de6cated Statement oftork WINch lis inset Iiinolluucted liirn this Stateirneint of Work and Will Ibe chairged follovoing our standard Ipriioiirng tist. F:Ilease irefeir to youir Schneider E:::Iechi Services sales irelpireseuntatlive for i hinfai"imation; * Equipiii not Ipirovlided Iby Sdl'vneideir Elecftic Seiii IExaurnplles iirnollurte, Ibut aura not timited to° • F hi li ird j,'.,)aii-ty coirnpoineints; • Switchgear; • linforniaboin Feclhinology (I F) * Installation activities not Iprovlided by Schin6deir Electric 13ervices as Ipaii-t of Utfls service iiincluude, Ibut are inot Ihirnitod to: () Systeirn hiristallatioril- C", Battery asseirnbly; Information "rechinology (Ill E ui irr ent migiration seirvices; and Specialized testing or commissbining seirvicos. 4,2.2 Additional tit-rye or The not planned to access or exit from Custorner site * Delay liirn gaiiii access to or obtainiing work Ipeirrnniits'tor the utilhity substabon or odheir aspects of the site; * I)elays Ihnouunred due to cornp1haince with exceptional backgii-ouind check irequulireunneints oir due to required medical or drug tests; * Additional Ihealltlh and safety, einviironii-neintal oir security r'eqUiirerneiii at Uhe CUstumer's site WNch were inot 1pirevliouuslly agreed to Schineider IElecftic; * lindUCtiOln, Safety or Cybeii-seCUirity tii'aiining Iloirngeir than plainined; * Access to flinal oin site a.es Iloinger thain 30 ii firoirn gate to the equipirreint; and * Delays irellateat to Il F (no cainnera, ino Ilalptolp, format 6sk afteir 1-nissbin). 42 3 Stand by timell4la tarn g Time more than 30 minutes unless caused by Schneid(,,,r E'lectric. * Uinavailabilhity of Custoinner or fits flhiii'd 1paui ireguuiired foii,- the peirfoinrnaince of the services; * Uinava�labVlhity of oqUilplli tools, hairdwairo, softwairo, inteiii coin in ecflvity, or office space requirOd 'for dhe peirforrinaince of the seirVces; * Cancellation oir postpoineiment of the seirviices Iby the Custoim(,-.,,ir (unless lien accoirdaince,Witt) the contract With Schneider IElec thic)'- aind * Delay or unavailabilhity of tirainspoirt either When not oiiid Iby Schneider Electric or outside of Schn&deir Electric's coinhi 4,2.4 E tra working hours not included in order1contract * Schedule innoetliflioatlioin or acceleiratoin Ipllain requested Iby the Custameirl- * Addiflonal expenses (accoii,ninnodation, catering and tirainspoirtation),- * Delay liirn debsbins aind appirovals Iby the Custoicneirl- airnd * I)elay or unavailabilhity of accurate and coirnplete iirnfornnatiion as requested Iby Sclhin6deir Electric. RMCR AA2KN7 EcoShi Asset A&Isoir for secuire Ipoweir and coolhing Ri"E%vent Schineider� ZP E�e cc r i c 4,2.5 Other,circumstances that increase the time or-costs of performing Oflt)eir everots oii,- dircuirnstainces oulsde of Sdhii'iedeir Electidc's ireasoimaUle coiritird wKidh liurcarease H'ie flinne oir costs of Ipeirffoirirnliing flie seiw° ices. Please cointact your Ilocdl Sdhrn6idleir Electiiic Seirvlices saIes ireIpmseirntadve for dlai[ifica6oiri. COVII..) 19: The company reserves the right,to amend, withdraw or otherwise alter this submission without penalty or charge as a result of any event beyond its control arising&om or due to the current COVID-19 pandemic or events subsequent to this pandemic, including changes in laws, regulations, bylaws, or, direction from a competent authoritY, RMCR AA2KN7 EcoStiaim.uire Asset A&Isoir for secuire Ipoweir aind codki�ig Pirevwit 10 lirels(."Din Schneider Electric ��ty 0 S c:111�0IIII S I01 0[")S The terns stated Iheire arc; respoinsflbilhifies of both Schneider- Electric Services and the Custoirner. 5.1 Sciiiineideir 11::::::]1ectiii Services IlRes1IlDoiii-isllll11)lll1lllli,tllies * Entifle the IEcocoStruxure Asset Advisor IPireovent, cloud.based ire itnote inioinitoiriing seirvice; * F:Iiii 24/7 moinitoiding of connected devices Wflh EcoStruxure Asset A&soir coverage: * Notificafloin of Ilancidents to d-le custorneir vli Iplhnone call, aind/oir rmessag iin the EcoStruxure I f appl- * Collect data for data ainalytics; and * Provide mointhly aind serni ainnual ii liirnmlluu6ing ii recomirriendatbins and ibest piractices. 5 2 Custoinneir IlRes1ll,)oiiniislll1lblll1lllll'tllies * F:Iuirchase seii-Oce SKU con select devices to Ibe coininected to EcoSh"LAMire Asset Advisor F:Iirevent; * Dowinload, lii and iregiisteir H-le Ilatest veirsioin of IEcoStiruxuire IFF Gateway; * D: scoveir inetwork devices and select the assets to Ibe conilI and mon I towed; * Download and iinstall the 11::::lcoStr'uxuiire 1I Ill aIji cairn youir i devicel- and Z * Set aind maintain contacts for 24/7' incide�nt notfficatbin (available for contact Iby Schneider If assistance of linstaallllation and C011"IfigUiraboin of IEcoStilluxurle Asset Advisor F"irevent is irequuiired reirnotely, for assistance Iplease contact youir Iloc al sei-VIce sales repiresentative oir Coinirlected Seirvlices I i u b. The inforrnatbin stated the ire; wire~ the deta�ls of the Ipiroject Ipeeirforirmne d Iby Sclhineideir Blectiric Services, fain on site piresence fair the connection process lis inecessairy for the Custoirneir with specifications oin date, flirne and slace. 6 1 Scliedule Actual liinstalllation dates Will be discussed and approved Ibe tween Schneider IBlectiric and the Custoirrier. 6 2 11 ocatiloin 11 lh e Ilcomahbin of tihis Ipiroject Will Igoe 0111 Site. IIt Will Ibe dlSICUssed and appiroved Ile y Schneider Blecthc and the Customier, 6.3 Coirnpletilairi Ciii, Schirleideir Electric is expected to Ih ave flili lits whitten duties Merv: 1. Pli devices aire connected to the EcoStiruxure,Asset Advisor IPrevent dlOUd; 2. 'rhe CUstorner Ihas the EcoStili Irr i alplp on 1:1.16hr silione and sees information iin iit". I Phe Coininocted Services II Ulb sees the custorneir's deviices iinformation'. and 4. ghee: Connected Services Il fiub sees the fist of Custoili contact details for seii-Vce notifications. RMCR AA2KN7 EcoStruxure Asset Advisor for secuire Ipoweir and coolking Pirevent 11 hieie � 11��°" 0 Stair�" a,i ili d liln a tliiiio iiiril 7.1 IG ur tiloin 1Phe coiniiI of a device to IEcoStiruxmure II C app Ih s no enrld date, lit Is nuIlnlllilnnli�ued. 11 lne coIrnlrneetlicalrn of a device to IEcoStIruxculre Asset Advlissoir Il:Ireveln�t Ih s �taii c� dur �flcnrn of 1 year car the pIrcm Irated date r inge reflected In youlr service contract. 7. IC; lii uli urm liia uli aind 11)at Should eus�tcnlrnnet" ter�lnnliln �te a of n�tlrac t without Iphy liralllly d'lisconlne �fiiln the devlice(s), Schneider IE:::Iec�trli reselrves the riicglnt to canur,nfi nuue to Store the data sent Irby the devlice(s), to coin�hi nuucauuslly lilrnnlplrcmve the qualhityof is Il iroduets, and Ipropose CIhe Ibes�t selrvlice. 7 Opt Out Customer has the II to refuse data corning frel rn Uh61r devices to II)e stored aftelr exlplim icnl n cnf rgreennrnelnt, 6 V ovmm m M a'a V"III n 4 u�o u, II I m II I , 0 I , Iw, II Il u u l I II� Ilu IVn UII ��UI I 1 uuuu um uu mu @2021 Schneider Electric,All rights reserved the information provided in this,Statement of Work cannot be used or duplicated, in yartt or imp part. Other uses f6r this da:comaaent are prmphibiled without written consent by Schneider Electric All Schneider trademarks are property of Schneider E:leclrie;and its subsidiaries and affiliates. Other traaclemmrarlrs,ire,~prmalped y or lhes r respective mmunrrvrs. Specifications are subject to change without notice,.Disclaimer r dots tmmhrarma�aation is reliable at the point aret of a:;r'ematirara areas'may be subject to change. Addendum (Concentric, LLC) Monroe County Contract Supplemental Terms and Conditions The Monroe County Board of County Commissioners (herein after "County") and Concentric, LLC, dba Critical Components Infrastructure (hereinafter"Contractor") agree as set forth below. The County and Contractor hereby enter into this Addendum to modify any Agreement, Proposal/Quote or Estimate offered by the Contractor for the goods or services to be provided (hereinafter refer ed t o a's " Agreement") and agrees to the following: Proposal #460561544-AC revA in the amount of $10,758.00 including the goods and services noted therein, to wit: 1) OEM Advantage Ultra Service Plan (performed by the OEM) for three phase UPS units includes 7x24 tech support, annual 5x8 PM Visit, Next Business Day (NBD) 5x8 response; OEM supplied parts and labor for repairs also included in accordance with the Scope of Work for Symmetra PX 100k SYCF100KF sn, QD2222140147 (3)XR Battery Cabinets sn, QD2316140032, QD2316140031 and QD2316140023. 2) Response Time Upgrade from NBD to 4HR 7X24 with 5x8 PMV scheduling. 3)PMV Scheduling Upgrade from 5X8 to 7X24 (after hours). 4) EAA PREDICT. 5) Suggested Scheduling: Annual MV - MAY 2026 Schedule planned visits with: DeSands H� ru ��r��_i1�n il, �_ I � �0w This Agreement includes and incorporates the Contractor's Agreement, Proposal/Quote, 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. The 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 terminate 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 in 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-prevailing parry, 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 the usual and customary procedures required by the Circuit Court of Monroe County. 2 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 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: The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 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 Iimunity 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 3 into by the County be required to contain any provision for waiver. Nothing contained herein is intended,nor may it be construed, to waive the 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 benefit from 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 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 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 36 months following the date of being placed on the convicted vendor list. Scrutinized Companies: The 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 State of Florida Department of Management Services (Department) may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; 4 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, the 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(1),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. 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, 5 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 tern of this Agreement or any earlier termination of this Agreement. 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, the Contractor's policy must provide for claims filed during the term of this Agreement,and for twelve(12)months after its termination or expiration.The 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) • Worker's Compensation: The 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,the Contractor shall maintain Employer Liability insurance. The minimum acceptable limits of liability are $100,000 bodily injury by Accident; $500,000 bodily injury by disease per Employee; $100,000 bodily injury by disease Aggregate. • Business Auto Liability: The Contractor's insurance policy shall provide coverage for all owned, non-owned, and hired vehicles used in the performance of work under this Agreement. The 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; $200,000 Property Damage. • Cyber Liability: The Contractor shall maintain Cyber Liability Insurance Coverage. The coverage will be maintained throughout the life of this Agreement and include the following coverages: • Data Breach • Network Security Liability • Internet Media • Network Extortion • Regulatory Proceedings • PCI Fines and Costs The minimum acceptable limit for such coverage is $1,000,000.00 6 Prior to commencement of work under this Agreement, the 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. Telephone: (305) 292-3470; Email: risk mana eg ment(a&,monroecounty-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 State of 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 a 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. 7 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. 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 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 Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria and is 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 the 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 is available at the following Department of Management Services Site: w~ u u n po��y, � n�� a p4M / u � _9 �sfia ors ai /e iido Liss w_/ °stale_/ i n�� r sources / l�St 1111�d�1id�simi / 131�sitiG°ss 0 � �a�tlllo nsw I` o id,, �� dg1C"trrV (rfl oD a q��"��6 Yll� �� t�� " ___ _,_ _ _ _:;_,�_______,_,_ _ ____,_,_ __ _,_ ____�___,_,_ __ ____,_, ________,_ _gym____,_,_ ________,_________, 8 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. 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. 9 gg q APPROVED ASTO FORM WSSWANT COUNIY An RNEY DATE Title: : gat : ..... �.... ..ww�_�. _.n......._.._w_.._... 1 ACC R"" CERTIFICATE OF LIABILITY INSUF IVI E DATE I IIfiAPDD,tW'Y'YYJ�� 6 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 INSURERjSj, 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 policies may requiire and endorsement. A statement on, this certificate does not confer,rights to the certificate holder in Iiieu of such endorsement(s). PRODUCER CONTACT NAME: IHylant-Toledo PHONE FAX 811 Madison Ave. XC Ne,EXt:419-255-1020 JAJC INo:419-255-7557 Toledo OH 436D4 E-MAIL ss: +ConcentricCGertlYicates@hWl'antcom IINSURER(S)AIFFOIRDIN,G CDWERAGIE NAIC 9 License#:23894 INSURER A:Travelers Casualty&Surety Co 1903,E INSURED CONCLLC-01 INS UREIR B: Concentric, LLC dba.Critical Components Infrastructure 1621 W Crosby Rd#100 INS URER C: Carrollton,TX 75006 INISURERD: INISURER E: IN SURER F: COVERAGES CERTIFICATE NUMBER:16171t12631 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 TYPEADULSUBN IPOLICYIEFF POLIICYIEXP LIMITS LTR INSD WVD POLICY NUMBER IMIMfl DB M MWDD(YYYY COMMERCIAL GENERAL LIABILITY' EACH OCCURRENCE $ CLAIMS-MADE F_1 OCCUR PREMISES Ea occurrence $ MIED EXP(Anly one person) $ PERSONAL.$ADV INJURY $ GEIN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ J POLICY IEC T LOC PRODUCTS-COMIPIOP AGG $ IEC OTHER: $ AUTDIIrI®IBHLE LVABILITY CdMBINED SINGLE LIMIT $ Ea accidemrt 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 accidenrt $ UMBRELLA LIAR OCCUR AW... brtt EACH OCCLURRENCE, $ EXCESS LIAR CLAIMS-MADE my. µ � AGGREGATE $ 3.12 26 DED RETENTION$ $ WORKERS COMPENSATION WYAaIW",I X -- PER L7TH- ANID EMPLOYERS'LIABILITY YIN STATUTE ER ANYPR7PRIETOPJPARTNEREXEWINE ❑ N J A E L.EACH ACCIDENT $ OFFI CER�i u9EMBER EXCLUDED? ((Mandatory in NIH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe ulnder DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Cyber 1107921068 110M12025 IDM 2U26 - DESCRIPTION OF OPERATIONS I LOCATIONS I VVEIHIC LES IACORD 101,Additional Remarks Schedule may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL IBE DELIVERED IN ACCORDANCE WITH H THE.POLICY PROVISIONS. Monroe County Board of County Commissioners 123 Overseas IHighvray A (Rockland Key FL 3304Ltl ItlDrHltl}Ru7FD RFPRFSFNTArlNJF @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(201161013) The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/09/2026 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 MARSH USA,LLC. NAME: HOE 1166 Avenue of the Americas (PA/C.N No,Ext: ac No): New York,NY 10036 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 101 778321-CCI-GU-25-26 INSURERA: Tokio Marine America Insurance Company 10945 INSURED INSURER B Concentric,LLC dba Critical Components Infrastructure INSURER C 1621 W.Crosby Rd#100 INSURER D Carrollton,TX 75006 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-012563421-00 REVISION NUMBER: 0 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 CLL 6409629-08 04/01/2025 04/01/2026 EACH OCCURRENCE $ 2,000,000 DAMAGE TRENTED CLAIMS-MADE X� OCCUR PREM SESOEa occ.".'ce $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO JECT 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 A X UMBRELLALIAB X OCCUR CU6409630-08 04/01/2025 04/01/2026 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) A qBM " .,,�„ E.L.DISEASE-EA EMPLOYEE $ If yes,describe under b'y_-.._..�.-,. '� .DESCRIPTION OF OPERATIONS below 3.1226 E.L.DISEASE-POLICY LIMIT $ �q1F_.___..._.................._._.._... WAW KA- _ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Commercial General Liability includes a blanket additional insured on a primary and non-contributory basis where required by contract. Umbrella coverage includes additional insureds if provided in the underlying coverage. Umbrella policy sits excess of the Primary Policies. Waiver of subrogation applies per the General Liability policy when required by written contract. Entities listed below are induced as additional insured when required by written contract. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 123 Overseas Highway ACCORDANCE WITH THE POLICY PROVISIONS. Rockland Key,FL 33040 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 POLICY NUMBER:CLL6409629-08 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHEN YOU AND ANY LOCATION IN CONNECTION WITH A WRITTEN SUCH A PERSON(S)OR CONTRACT OR AGREEMENT ORGANIZATION(S)HAVE AGREED IN WRITING IN A EXECUTED WITH THE ADDITIONAL INSURED CONTRACT OR AGREEMENT SHOWN IN THE SCHEDULE. THAT SUCH PERSON OR ORGANIZATION BE NAMED AS ADDITIONAL INSURED ON THIS POLICY PROVIDED THE CONTRACT OR AGREEMENT WAS EXECUTED PRIOR TO THE"BODILY INJURY"OR"PROPERTY DAMAGE". Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A.Sectlon II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for"bodily injury"or"properly If coverage provided to the additional insured is damage"caused,in whole or in part,by"your work" required by a contract or agreement, the most we at the location designated and described in the will pay on behalf of the additional insured is the Schedule of this endorsement performed for that amount of insurance: additional insured and included in the "products- 1. Required by the contract or agreement;or completed operations hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by This endorsement shall not increase the applicable law;and limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 ®Insurance Services Office, Inc.,2018 Page 1 of 18 company copy POLICY NUMBER: CLL6409629-08 COMMERCIAL GENERAL LIABILITY CG 20 01 12 119 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be co n tra ry: primary and would not seek contribution Primary Andl Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1:) The additional insured is a Named Insured under such other insurance; and CG 20 01: 12 19 @ Insurance Services Office, Inc., 2018 Page 1 of I Company Copy POLICY NUMBER: CLLS409629-08 COMMERCIAL GENERAL LIABILITY CG 24 84 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Onganization(s): ANY PERSON OR ORGANIZATION IF YOU ARE REQUIRED TO DO SO UNDER A WRITTEN CONTRACT,AGREEMENT OR PERMIT PROVIDED THE"BODILY INJURY"OR "PROPERTY DAMAGE"OCCURS SUBSEQUENT TO THE EXECUTION OF THE CONTRACT, AGREEMENT OR PERMIT. Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 ®Insurance Services Office, Inc.,2018 Page 1 of 17 company copy 73/9/2026 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: Hylant-Toledo PHONE FAX 811 Madison Ave. (A/C. A/c No EXt:419-255-1020 'C No):419-255-7557 Toledo OH 43604 ADDRESS: ConcentricCertificates@hylant.com INSURER(S)AFFORDING COVERAGE NAIC# License#:23894 INSURERA:Tokio Marine America Insurance Company 10945 INSURED CONCLLC-01 INSURER B: Endurance American Specialty Ins Co 41718 Concentric, LLC dba Critical Components Infrastructure 1621 W Crosby Rd#100 INSURER C Carrollton, TX 75006 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1843754110 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 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 6X MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GSA'CE..,..�.—.—._........._. ..._,.._._.,._...�.. GEN'L AGGREGATE LIMIT APPLIES PER: µkA.,' GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY Y Y CA6411950-02 10/2/2025 10/2/2026 COMBINED SINGLE LIMIT $1,000,000 A CA7250123-00 10/2/2025 10/2/2026 Ea accident 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 UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION Y WC6411951-02 10/2/2025 10/2/2026 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE [-W] E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Contractors Professional and PNV10015556101 10/2/2025 10/2/2026 Per Claim 5,000,000 Pollution Liability Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Commercial automobile policy includes a blanket additional insured on a primary and non-contributory basis where required by contract.Waiver of subrogation applies per the automobile and workers compensation policies when required by written contract.Entities listed below are included as additional insured when required by written contract. 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 123 Overseas Highway Rockland Key FL 33040 AUTHORIZED REPRESENTATIVE eqL ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD '6'PE I ei c t, Sc eider Schneider Electric 6700 Tower Cir#700 Franklin, TN 37067 Critical Components, Inc. March 12, 2026 To Whom It May Concern: Schneider Electric confirms that Critical Components, Inc. is a member of the Certified Service Sales Program and is authorized as a reseller of APC and Schneider Electric Services, as governed by their Certified Service Sales Program guide. This authorization demonstrates Critical Components, Inc.'s knowledge of Schneider Electric services, as well as their commitment and dedication to Schneider Electric. Critical Components, Inc. is an Elite Certified Service Sales Partner for the states of Florida. Schneider Electric may change the terms of the Certified Service Sales Program Guide at any time by providing notice of change, and reserves the right to remove Critical Components, Inc. from the Certified Service Sales Partner Program should they fail to operate within the Certified Service Sales Program guidelines. Please contact Amy Pavell with any questions regarding this authorization. Regards, Amy Pavell Channel Program Manager Airrny„Pavellllse„com Schneider e c t iri c 11 nternall I.b4W, lG0L.. ( 4114.R,�lI "t1 l"O1. 11`I uaf A`:'11.M1°l4'.J,A,.L ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with:All In One Court Construction LLC Contract# Effective Date: Upon Com letion Expiration Date: p p Contract Purpose/Description: Resurfacing of(2)Tennis Courts with 2 sets of net posts,2 nets,and removal of existing footers, installation of new footers Located at Key Largo Park, 500 St.Croix Place, Key Largo, FL 33037. Contract is Original Agreementntractmendment/Extension Renewal Contract Manager: Tammy Acevedo 8776 acevedo-tammy@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 25,815.00 Current Year Portion: $ 25,815.00 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the total cumulative aruuouaad:is$Aib0,0iU.iUCJ1 oII�le;»»,�) Budgeted?Yes❑✓ No❑ Grant: $ County Match: Fund/Cost Center/Spend Category: CC_20503 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 � NO ❑ CONTRACT REVIEW Reviewer olgimlly signed by John Al- Department/Office Director/ Signature: John Allen Date:2 ga.g4.2 ell 45-6ypp Assistant Director Ana Walter Digitally signed by Ana Walter County Attorney Signature: Date:2026.04.28 15.42:55-04'00' Risk Management Signature: Digitally signed by Julie E. Julie E. Cuneo Cuneo Date.2026.04.30 12 5a:44 Purchasing Signature: 04'00 (email contractsgmonroecounty-fl.gov) Angelica Digitally signed by Angelica Mal-sky OMB Signature: Malcosky Dale 2026 05 01 11 35:04 0400 (email OMB @monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 IJt €is; €V 11/I.2/2025 911 ,11 "rl,i�, e Addendum Monroe County Contract Terms and Conditions The Monroe County Board of County Commissioners (herein after"County") and All In One Court Construction LLC (herein after"Contractor")agree as set forth below. The County and Contractor hereby enter into this addendum to Quote# 1353 dated May 1, 2026 offered by CONTRACTOR for the Resurfacing of 2 Tennis Courts located at Key Largo Park,500 St. Croix Place,Key Largo,FL 33037. This Agreement includes and incorporates the Contractor's Quote,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 Cleric'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 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 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 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. 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. 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 161h 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. 6 10 1- 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 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. Effective January 1, 2027, in accordance with F.S. 287.139, As a condition precedent to any award of a contract or grant by the County, the Contractor hereby certifies that the Contractor does not and will not use county funds in requiring its employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed using materials relating to diversity, equity, and inclusion as defined in F.S. 125.595(1). 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 2 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 fonn 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. 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 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: 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 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 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 3 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. 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 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(1),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 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. 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: At all times during the term of this Agreement(including any extensions thereof), Contractor shall 4 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 harinless 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: $100,000/$500,000/$100,000 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. • General liability: $300,000 Combined Single Limit • Vehicle liability: $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage • or $100,000 Combined Single Limit • Monroe County must be listed as additional insured on General and Auto liability and the certificate holder should be Monroe County BOCC. 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 rrsk _mane ernent cr�monroccount -fl.=ov. 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 5 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 reply's 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. 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 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. 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 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 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 6 List of Prohibited Companies. Note: The List are available at the following Department of Management Services Site: httpalwww.dms.myflorida.comlbusiness cerations/state r�urchasin vendor�informationlconvicte amm„ c ,discriminator ymc�pntp:d�ints „vendor„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: 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; 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 1 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 CONTRACTOR, 1 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. Contractor All in 1 Courts Construction Ll Signature Owner T. J"// 28/26 IT — Date 7 � WQE TINEMMINS FX 1 -E IB S E`T - N,...I Iq`;' `"0 ,mm S :E AGREEMENT WORK TO BE PERFORMED CUSTOMER Tennis Court Resurfacing (2 total) Monroe County Key Largo, FL Key Largo Park Acevedo-Tammy@monroecounty-fl.gov Agreement made between All in 1 Courts, LLC company here in after called the Contractor and Key Largo Park hereinafter called the Customer for the resurfacing of two (2) courts with respect to the following terms and specifications. Court Preparation • Area to be approximately: 110x120 • The Contractor will patch puddles within 1/8 of an inch. • Fix root damage areas and existing cracks prior to surfacing. • Patch major areas and rough asphalt. • The Contractor recommends regular root pruning to prevent against further intrusion. Surfacing $22,815.00 The Contractor will surface the courts as follows: 1) One (1)Coats Acrylic Resurfacer 2) Two(2) Coat Laykold Acrylic Paint (Customer choice of standard colors). 3) The Contractor will paint playing lines (customer choice of standard colors). Equipment $3,000.00 • 2 Sets of Net Posts and 2 nets • Removal existing footers and installation of new footer Fee The Contractor agrees to provide tools, materials, labor, supervision, and insurance to complete the above work for the sum of$25,815.00 All prices are in US dollars. The fee is subject to review if not accepted within (30)days. This proposal is dated April 14, 2026. Provisions The Customer agrees to a final payment within 10 days after completion of above work. Nhoiri e: (786) 371. 11.54 Page 1 of2 is irnaH: Illlinl..Couiirts@yali-nc)o.coii,yi I Conditions The Contractor is not responsible for underground that is not marked. The Customer will furnish access to the site for equipment and materials. The Customer agrees to provide a clean water supply and an electrical feed at the job site for construction purposes. The Contractor accepts no responsibility for acts by anyone at job site except for those subcontracted or employed by All in 1 Courts, LLC. Guarantee The Contractor guarantees all work against defects in workmanship or materials for a period of(1)year. Contractor cannot guarantee against cracks reflecting through the new surface.The Contractor accepts no responsibility for repairs done by any except All in 1 Courts, LLC. Credit If the Customer does not pay as agreed upon,the Contractor shall have the right to file a lien against the real estate for the amount of the work done. No further work shall be accomplished if installment payments are not made at the time specified. In the event it is necessary to employ the services of an attorney to secure payment, as per the terms of this agreement,then the Customer agrees to pay reasonable attorney fees. Interest of 1-1/2%per month will be charged on accounts past due. Accepted By: All in 1 Courts, LLC Christine Digitally signed by Christine Hurley H u rl a Date:2026.05.04 Y 15:45:57-04'00' Duanys Gonzalez, President Date: Date: MONROE COUNTY ATTORNEY APP t Tt7 wALTER EY with Monroe County Terms and Conditions Nhoiri e: (7 6) 371. 11.54 Page 2 of is irnaH: Illlinl..Couirts@yali-ncbo.coiryi y""III""IIII IIVT A""III°"II ;; All in 1 Courts Construction LLC Allin1 courts@yahoo.com 13352 SW 122 Ave +1 (786)371-1154 .aa n a Miami, FL 33186 https://allin1 courts.com/ WINNEWWWWWOONSWOUCTWN LLC Bill to Ship to Tammy Acevedo Tammy Acevedo Monroe County Parks Monroe County Parks Estimate details Estimate no.:1353 Estimate date:05/01/2025 4 Product or service Description Qty Rate Amount 1. Tennis Court Resurfacing Key Largo Park:Total of 2 Courts 1 $22,815.00 $22,815.00 2. Misc 2 sets of net posts,2 nets,and removal of 1 $3,000.00 $3,000.00 existing footers,installation of new footers Total $25,815.00 Note to customer Please see PDF attached to email for complete project description Accepted date Accepted by SP 7011 Wilson Rd. S'S�'T West Palm Beach FI.33413 Es 561-964-2001 � Fax: 561-964-5009 www.sportsurfaces.com PROPOSAL/AGREEMENT April 10th 2026 CUSTOMER Monroe County Key Largo Park 500 St. Croix Place Key Largo FL 33037 Agreement made between Sports Surfaces LLC. hereinafter called the Contractor and Monroe County called the Customer for the resurfacing of(2)tennis courts with respect to the following terms and specifications: COURT PREPARATION: Court Size: 110'x 120' The Contractor will pressure clean and power blow court(s)as necessary to remove loose dirt,mildew and oil. The Contractor will patch depressions greater than 1/16" after 1 hour drying time in sunlight, grind down any ridges as necessary.Depressions are low spots that hold water on the court.Up to 25 gallons of patching material included. Accurate measurement of low areas will be determined after flooding of courts. If courts need more patching an additional charge of$475.00/5 gallons will be added through change order. The Contractor will install up to 150'of fiberglass mesh strips over cracks. Note:court must have a minimum of 1%slope in one plane in order to guarantee removal of water. SURFACING OF TENNIS COURTS) The Contractor will apply(2)Coat of Acrylic Resurfacer over entire court area to fill voids and provide smooth surface. The Contractor will apply (2) Coats of Acrylic Color Concentrate (two-tone), To provide in depth color over court surface.Laykold or approved equal. Color Choice (Colors may be selected by visiting https://sportsurfaces.com/design/surface-color-selector/The Contractor will accurately locate,mark, and paint two inch wide playing lines in accordance with regulations using white textured heavy bodied acrylic latex paint. The Contractor will remove waste off site. FEE The Contractor agrees to provide tools,materials,labor,supervision and insurance to complete the above work for a sum of ****TWENTY SIX THOUSAND FIVE HUNDRED DOLLARS($26,500.00)**** OPTIONAL—PLEASE INITIAL TO ORDER Pickleball Lines: The Contractor will add lines for(1)pickleball court per USPA regulations$750.00 Quantity Fiberglass membrane:The Contractor will install fiberglass membrane over entire court area to repair cracking and prevent the premature return of cracks.The Contractor will install(1)additional coat of Acrylic Resurfacer to glue fiberglass membrane to surface.ADD$5,900.00 Tennis Nets&Net Post Options: The Contractor will supply and install(2)new tennis nets$700.00 The Contractor will remove(2)pairs of net posts and install(2)pairs of new tennis net posts into existing sleeves. $950.00 SP 7011 Wilson Rd. S,S�'T West Palm Beach FI.33413 Es 561-964-2001 � Fax: 561-964-5009 ,.� � "" " °`� � � www.sportsurfaces.com The Contractor will cut out(2)pairs of net posts and footers and install(2)pairs of new net post footers with sleeves to make posts removable for future replacement and install(2)pairs of new tennis net posts$4,900.00 April 10t"2026 CUSTOMER Monroe County Key Largo Park 500 St. Croix Place Key Largo FL 33037 PROVISIONS: Per Purchase Order GUARANTEE The Contractor guarantees all work against defects in workmanship or materials for a period of(2) years from date of completion.This guarantee excludes Normal wear and tear,physical abuse or neglect and any other conditions beyond the contractor's control, such as sub-base settling, structural cracks, asphalt shrinkage cracks, hydrostatic pressure or water vapor pressure bubbles,intrusion of weeds or grass,etc.Existing cracks may reappear at any time. Proper tennis shoes must be worn on court. Some sneakers, street shoes, dark soled shoes, skateboards, roller blades, etc. will scuff and damage surface. Guarantee shall become void upon owner's failure to adhere and comply with the payment schedule. TERMS & CONDITIONS CUSTOMER AGREES THAT BY SIGNING THE BELOW CONTRACT THEY AGREE TO ABIDE BY OUR TERMS AND CONDITIONS WHICH CAN BE FOUND BY CLICKING THIS LINK OR CUTTING AND PASTING THIS LINK ONTO THEIR BROWSER: hos://sl2oltsurfaces.com/tenns-and-conditions/ *All prices are in US Dollars. Prices are subject to change after thirty (30) days. Our bid prices are based upon you providing adequate access and storage areas. Respectfully submitted by: ani/ � ajlYo - Sports Surfaces LLC. Proposal accepted by: Title: Date: ACOR" CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) `,.� 1 04/23/2026 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: Doreen Duran HONE Hemisphere Insurance Group A_ .No EXt: (305)501-2801 C No): (305)553-9010 12350 SW 132ND CT STE 107 E-MAIL-ADDRESS: h ih i ems erens r p 9 p@aol.com INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33186 INSURERA: WESTERN WORLD INS COMP INSURED INSURERB: EMPLOYERS PREFERRED INS COMPANY ALL IN 1 COURTS CONSTRUCTION, LLC INSURERC: INFINITY INSURANCE 02837 13352 SW 122 AVE INSURER D INSURER E MIAMI FL 33186 INSURER F: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR PREM SES(Ea oNcur DAMAGE TO ante) $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y NPP6175938 06/17/2025 06/17/2026 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY� PRO JECT ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 100 000.00 ANY AUTO BODILY INJURY(Per person) $ C OWNED �/ SCHEDULED AUTOS ONLY AUTOS 50021660601 02/08/2026 08/08/2026 BODILY INJURY(Per accident) $ /� HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident BASIC PIP $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION x/ PER OTH- AND EMPLOYERS'LIABILITY /� STATUTE ER B OFFICER/MEMBER EXCLUDED? IN ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ NIA EIG5238215-02 08/01/2025 08/01/2026 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 1D1,Additional Remarks Schedule,may be attached if more space is required) Monroe County is listed as an additional insured APF T DA, ,,,y,_, ___....,. A N?k --. 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 X1 P":11,OA Y G N4N4I SSMINL'R, l II, `";IP"Ji N I. ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: All in One Court Construction LLC Contract# Effective Date: Upon Execution Expiration Date: upon Completion Contract Purpose/Description: Resurface (1)Basketball Court 95'x55'located at Friendship Park, 69 Hibiscus Lane, Key Largo, FL 33037 Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Tammy Acevedo 8776 acevedo-tammy@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 12,650.00 Current Year Portion: $ 12,650.00 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the total curntiflatiive aenou.nt is$ONC1,CNf1.00 or less) Budgeted?Yes[Z]No❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: CC_20503 SC_00038 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Department/Office Director/ Signature: John Allen D,gtdlys,gn byJO 41- Da 2026.04.28 11:47.D7-04'DO' Assistant Director Ana Walter Digitally signed by Ana Walter County Attorney Signature: Date:2026.042a 13:49:01-04'00' latt Risk Management Signature: Jaclyn Flatt Digitally by 5172 -04 Date:2026.04.28 15:17:23-04'00' Julie C C Digitally signed by Julie E.Cuneo Purchasing Signature: E. u n e o Date:2026.04.30 14:36:43-04'00' (email contracts@monroecounty-fl.gov) Digitally signed by Angelica Malcosky OMB Signature: Angelica Malcosk y Date:2026.05.0111:39:38-04'00' (email OMB@monroecounty-tl.gov) Comments: Revised BOCC 11/12/2025 Addendum Monroe County Contract Terms and Conditions The Monroe County Board of County Commissioners (herein after"County') and All In One Court Construction LLC (herein after"Contractor") agree as set forth below. The County and Contractor hereby enter into this addendum to Quote dated May 1,2026 offered by CONTRACTOR for the Resurfacing of l Basketball Court located at Friendship Park 69 Hibiscus Lane, Key Largo,FL 33037 This Agreement includes and incorporates the Contractor's Quote,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 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 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 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. 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. 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 1 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 16`h 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 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. Effective January 1,2027,in accordance with F.S. 287.139,As a condition precedent to any award of a contract or grant by the County, the Contractor hereby certifies that the Contractor does not and will not use county funds in requiring its employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed using materials relating to diversity, equity, and inclusion as defined in F.S. 125.595(1). 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, 2 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 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 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: 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 [,-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 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 287.047,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 3 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 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(I),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 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. 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: 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 4 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: • 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: $100,000/$500,000/$100,000 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. • General liability: $300,000 Combined Single Limit • Vehicle liability: $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage • or $100,000 Combined Single Limit • Monroe County must be listed as additional insured on General and Auto liability and the certificate holder should be Monroe County BOCC. 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 mana xement&monroecounty 1.Yov. 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 5 or public work, may not submit bids, proposals or reply's 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. 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 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. 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 https://www.sbafla.com/reportiii),/. 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. 6 Note: The List are available u1 the following of Management Services Site: d sus ended discri �aints vendor lists NON-COLLK]SUON AFFIDAVIT: Contractor hvsigning this Agreement, according\o law onmy oath, and under penalty of perjury, depoocmdoay that the person signing on behalf of the firm of Contractor,the bidder making the Proposal for the projectdescribed bu the Scope ofWork and that}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 io required io provide oo affidavit under penalty ofp jug/aUcodnu(bu(CONTR\CTO[ldocs not use coercion for labor or services in accordance with Scctiou787.06, Florida Statutes. /\a defined in Section 787.0h(2)(u), coercion means: l. Using ordoeuti to use physical force against any person; 2. Restraining, isolating, orconfining threating tn restrain, isolate, nr confine any person without lawful authority and against her or his will; ]. Using lending or other credit methods to establish a debt by any person when labor or services are pledged uousecurity 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,vvhhbo|dhng, orp000coo any actual orpurported passport, visa, or other immigration document, or any other actual or purported government idenbfioadondocument, of any person; 5. Causing ortbroutinoto cause financial harm tn 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 uf that person. As a person authorized to sign on behalf of CONTRACTOR, I certify under penalties of perjuryLhu1 CONTRACTOR does not use coercion for labor o«services in accordance with Section 787.00. Additionally, CONTRACTOR has reviewed Section 787.06`Florida Statutes, and agrees to abide by same. Contractor Si Title 4/28/26 AGREEMENT WORK TO BE PERFORMED CUSTOMER Resurfacing of Basketball Court Monroe County 69 Hibiscus Ln Friendship Park Key Largo, FL Acevedo-Tammy@monroecounty-fl.gov Agreement made between All in 1 Courts, LLC company hereinafter called the Contractor and Monroe County hereinafter called the Customer for the resurfacing of(1) basketball court with respect to the following terms and specifications. Court Preparation • Court Size: 95'x55' • The Contractor will patch puddles within 1/8 of an inch. • Patch major area and rough asphalt. Surfacing The Contractor will surface the courts as follows: 1) Two (2) Coat(s) Acrylic Resurfacer Laykold 2) Two (2) Coat(s) Laykold Acrylic Paint (Customer choice of standard colors). 3) The Contractor will paint two-inch white playing lines for basketball. Additional work • Paint Four Square game into both basketball keys • Paint two hop scotch mid court Fee The Contractor agrees to provide tools, materials, labor, supervision, and insurance to complete the above work for the sum of$12,650.00 All prices are in US dollars. The fee is subject to review if not accepted within (30) days. This proposal is dated April 14, 2026. Provisions • Final payment within 10 days of completion. Conditions Phone- (786) 371.1154. Page 1 of 2 E r nafl. 7111oirn1.Couirts@yalh oo.corrn .01&�L. M" " 71IMM 1111,118 IS Oln,r S ICET r,,, The Contractor is not responsible for underground that is not marked, Ariy underground not rvnarkeaf that lead to delays in the project wifli result in an extra charge to Caustorner for rental fees, tirne and materials,and labor hours., The Caustorrner will furnish access t ,the site for eatuuiprnent and rnateriais, The Causto nrner agrees to provide a clean water,supply and an electrical feed at the job site for construction purposes, The Contractor accepts no resp onsilbility for acts by anyone at job site except for those subcontracted or employed by All in 1.Courts, ILLC. auualraintee 'rhe Contractor guarantees all work against defects in workmn•nanshilin or rnlnateriais for a period of(t)year. Contractor cannot guarantee against cracks reflecting through the new surface.The Contractor accepts no responsibility nsibility for repairs done Iluy anyone exicept AH in I Courts, LLC. C°re rri it If the C'uustoi,ner does not pray as agreed upon,the Contractor shall have the rlght to file a lien against the reap estate for the amount of the work dome. No further work slhaill be accornp fished if installment payments are not rnad'e at the time specified. In the event it is necessary to errnp ioy the services of an attorney to secure prayrrnent„as per the terms of this agree°rrnesit,then the Caustaurnner agrees to play ruaasOnatuie attorney fees, interest of 1 d/2%per rnoi nt.in will tae cfnalr ged on accounts past aquae,. Accepted By: Alp in t.Courts, LLC Christine Digitally signed by Christine Hurley H u rl a Date:2026.05.04 Y 15:47:07-04'00' ..,,......,� ......-- Duuarnys Caurrzalez, President Date: 1,0" �r,,,,,,, � ,�, pa tl LILIC- 40 y OIRNIIE m°EGG rx Ulr'Y' t1A Cc, Phone: (7" 6) 371-1154 page 2 of 2 ErrnaHl AlfinlCounurts u yahoo.awomi A iJ' 14°"III: All in 1 Courts Construction LLC Allinlcourts@yahoo.com 13352 SW 122 Ave +1 (786)371-1154 cILLIR� Miami, FL33186 https://allinlcourts.com/ awaroNmarmrsMMOiN LI[M Bill to Ship to Monroe County Parks Tammy Acevedo Monroe County Parks Estimate details Estimate no.: 1351 Estimate date:05/01/2025 4 Product or service Description Qty Rate Amount 1. Basketball Court Resurfacing Friendship Park-with painting of four square 1 $12,650.00 $12,650.00 game and 2 hop scotch games Total $12,650.00 Note to customer Please see PDF attached to email for complete project description Accepted date Accepted by SP7011 Wilson Rd. S'S�'T West Palm Beach FI.33413 561-964-2001 � Fax: 561-964-5009 www.sportsurfaces.com PROPOSAL/AGREEIVIENT April 10th 2026 CUSTOMER Monroe County Friendship Park 39 Hibiscus Lane Key Largo FL 33037 Agreement made between Sports Surfaces LLC. hereinafter called the Contractor and Monroe County called the Customer for resurfacing of(1)basketball court with respect to the following terms and specifications: COURT PREPARATION: Court Size:95'x 55' The Contractor will pressure clean and power blow court(s)as necessary to remove loose dirt,mildew and oil. The Contractor will patch depressions greater than 1/16" after 1 hour drying time in sunlight, grind down any ridges as necessary.Depressions are low spots that hold water on the court.Up to 15 gallons of patching material included. Accurate measurement of low areas can only be done during flooding of courts.If additional patching is needed it will be billed through change order at$475.00/5 gallons. The Contractor will fill open cracks with crack filler. The Contractor will install fiberglass membrane over entire court area to repair cracking and prevent the premature return of cracks. The Contractor will cut out 15' x 8' of root intrusion,remove roots and replace with new hot mix asphalt. The Contractor will patch new asphalt areas with court patch binder to level with rest of court surface.5 gallons for patching of root repair. Note:court must have a minimum of 1%slope in one plane in order to guarantee removal of water. SURFACING OF BASKETBALL COURT(S) The Contractor will apply(2)Coat of Acrylic Resurfacer over entire court area to fill voids and provide smooth surface. The Contractor will apply (2) Coats of Acrylic Color Concentrate (two-tone), To provide in depth color over court surface. Please note:Asphalt is very rough in texture due to age and none protection without surface.An additional coat of Acrylic Resurfacer may be needed to smooth out imperfections and due to high absorption of previous 2 coats by asphalt. Additional Coat of Acrylic Resurfacer would be billed through change order at$ 1,200.00 Laykold or approved equal. Color Choice (Colors may be selected by visiting https://sportsurfaces.com/design/surface-color-selector/The Contractor will accurately locate,mark, and paint two inch wide playing lines in accordance with regulations using white textured heavy bodied acrylic latex paint. The Contractor will remove waste off site. ADDITIONAL GAME LINES The Contractor will add lines for(2)Four Square Games. One within each key area. The Contractor will add lines and numbers for(2)Hopscotch games. FEE The Contractor agrees to provide tools,materials,labor,supervision and insurance to complete the above work for a sum of ****SEVENTEEN THOUSAND NINE HUNDRED DOLLARS($17,900.00))**** SP7011 Wilson Rd. S,S�'T West Palm Beach FI.33413 561-964-2001 � Fax: 561-964-5009 ,.� � "" " °`� � � www.sportsurfaces.com *All prices are in US Dollars. Prices are subject to change after thirty (30) days. Our bid prices are based upon you providing adequate access and storage areas. April 10t"2026 CUSTOMER Monroe County Friendship Park 39 Hibiscus Lane Key Largo FL 33037 PROVISIONS: Per Purchase Order GUARANTEE The Contractor guarantees all work against defects in workmanship or materials for a period of(2) years from date of completion.This guarantee excludes Normal wear and tear,physical abuse or neglect and any other conditions beyond the contractor's control, such as sub-base settling, structural cracks, asphalt shrinkage cracks, hydrostatic pressure or water vapor pressure bubbles,intrusion of weeds or grass,etc.Existing cracks may reappear at any time. Proper tennis shoes must be worn on court. Some sneakers, street shoes, dark soled shoes, skateboards, roller blades, etc. will scuff and damage surface. Guarantee shall become void upon owner's failure to adhere and comply with the payment schedule. TERMS & CONDITIONS CUSTOMER AGREES THAT BY SIGNING THE BELOW CONTRACT THEY AGREE TO ABIDE BY OUR TERMS AND CONDITIONS WHICH CAN BE FOUND BY CLICKING THIS LINK OR CUTTING AND PASTING THIS LINK ONTO THEIR BROWSER: https://sportsurfaces.com/tenns-and-conditions/ Respectfully submitted by: Sports Surfaces LLC. Proposal accepted by: Title: Date: ACOR" CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) `,.� 1 04/23/2026 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: Doreen Duran HONE Hemisphere Insurance Group A_ .No EXt: (305)501-2801 C No): (305)553-9010 12350 SW 132ND CT STE 107 E-MAIL-ADDRESS: h ih i ems erens r p 9 p@aol.com INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33186 INSURERA: WESTERN WORLD INS COMP INSURED INSURERB: EMPLOYERS PREFERRED INS COMPANY ALL IN 1 COURTS CONSTRUCTION, LLC INSURERC: INFINITY INSURANCE 02837 13352 SW 122 AVE INSURER D INSURER E MIAMI FL 33186 INSURER F: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR PREM SES(Ea oNcur DAMAGE TO ante) $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y NPP6175938 06/17/2025 06/17/2026 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY� PRO JECT ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 100 000.00 ANY AUTO BODILY INJURY(Per person) $ C OWNED �/ SCHEDULED AUTOS ONLY AUTOS 50021660601 02/08/2026 08/08/2026 BODILY INJURY(Per accident) $ /� HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident BASIC PIP $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION x/ PER OTH- AND EMPLOYERS'LIABILITY /� STATUTE ER B OFFICER/MEMBER EXCLUDED? IN ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ NIA EIG5238215-02 08/01/2025 08/01/2026 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 1D1,Additional Remarks Schedule,may be attached if more space is required) Monroe County is listed as an additional insured APF T DA, ,,,y,_, ___....,. A N?k --. 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 i.�ll°hI i)d-,�,4lllJ.l\J G G, N1N1.11 `,IQSN" I"I ll: 6 IIA"� kl`J I,I d' ]",l,/'\L ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: EE&G, Construction and gContract# Effective Date: Upon Execution Expiration Date: Upon Completion Contract Purpose/Description: All services needed for asbestos Abatement at the Marathon Professional Building Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Chrissy Collins 305-304-9711 Collins-Chrissy@MonroeCounty-FL.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 4,988.67 Current Year Portion: $ 4,988.67 (must be$100,000 or less) (1f multiyear agreement then requires BOCC approval, unless the total(:nn-1Ll atiive alrtortnn6:is.$V fV6V,06Y.00 or less) Budgeted?Yes❑✓ No❑ Grant: $ NIA County Match: $ N/A Fund/Cost Center/Spend Category: 304-24028-00036 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 ❑ NO ❑ CONTRACT REVIEW Reviewer Department/Office Director/ Signature: William DeSantis �- Assistant Director Joseph X. DiNovo DigitallysignedbyJosephX.DiN.- County Attorney Signature: Date:2026.05.04 10:59:49-04'00' Risk Management Signature: Jaclyn Flatt Date1lysign5.050.5623-0t Date:2026.05.05 08:56:23-04'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.05.06 11:58:29-04'00' (email contracts@nlortroecounty-fl.gov) Digitally signed by Angelica Malmsky OMB Signature: Angelica Malcosky Date:2026.05.0613:34:45-04'00' (email OMB@monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 14879NF20UnAvonua EE&, G No�hNiami FL Te| (305) 3748J0O Construction & Restoration, LLC May 1. 2O2O EE&G Proposal No. 2O2G-2U71 Ms. ChriomyCollins Monroe County Public Works 123 Overseas Highway Rockland Key, FL33O4Q Subject: Proposal for Asbestos Abatement Services Professional Building 2955 Overseas Highway Marathon, Florida 33OSO Dear Ms. Collins EE&G Construction & Restoration LLC (EE&G) is pleased to provide you with this proposal for the subject work. EE&G's Statement ofServices and Fee Estimate are presented below: BACKGROUND EE&6 was requested by the client on April 29. 2026. to perform asbestos abatement services to the subject property located at2G55 Overseas Highway, Marathon, F|orida33O5O in current}y scheduled for renovation following the removal of asbestos-containing materials (ACM). SCOPE OFWORK Asbestos Abatement EE&G. a Florida licensed asbestos contraotor, will provide |abor, mabaria|s, and equipment for the nemmvo| ofaomumedACN1for9''x8^ viny| f|oorti|e (VFT) andf|oormamdn(approx. 1800BF). EE&G will conduct the environmentally appropriate abatement and disposal of ACM utilizing trained workers, specialized work practices, and engineering controls. EE&G's work will be conducted in accordance with applicable local, state, and Federal regulations, |avvm, and guidelines. The duration of the work is anticipated to be completed in 1-2 business days. Final clearance sampling is not included in this proposal. LIMITATIONS AND EXCLUSIONS w Water and power will be ovai|ab|e, at no cost to EE&G, during abatement activities. w The Owner of the property, or the Owner's authorized repnaaenbative, will provide on-call, complete access tm all areas of the building. ° All obstructions which could impede abatement will be removed prior to EE@G mobilization (including but not limited tofurnishings). • Nouomin0|ingof trades during abatement activities. • EE&G will submit on Courtesy notice ofdemolition or asbestos abatement to Monroe County, i Ms. Chrissy Collins May 1, 2026 Page 2 of 5 • The proposal includes the cost for waste transport and disposal at South Dade landfill in Cutler Bay, Florida. Landfill receipt to be provided at end of project. i FEE ESTIMATE EE&G's fee for the above Scope of Work is$4,988.67, Proposal pricing valid for 60 days from the date of proposal. i l EE&G appreciates the opportunity to assist you with this matter. Please contact the undersigned at 305.374.8300 if you have any questions or concerns regarding this proposal. Sincerely, TJ Gipe Robert Devito Miami Office Director Vice President of Operations EE&G Construction & Restoration, LLC. EE&G Construction & Restoration, LLC. i Florida-Licensed Asbestos.Contractor No CJC 1154179 i I i i i ii 1 Professional Services Agreement 2Q2G-2O71 Page 3of4 PROFESSIONAL SERVICES AGREEMENT BETWEEN K0C)NROE COUNTY PUBLIC WORKS AND EE&G CONSTRUCTION & RESTORATION, LLC This Agreement is made on this 1st day of May 2026. by and between Monroe County Public Works ("Client") and Construction & Restoration, LLC (EE&G). VV|TNESSETH That for the considerations set forth befow, the parties hereto do agree as follows: . De cription of Services: EE&G's proposal#2O2G'2O71 Professional Building dated May 1. 2020� _ Period of Performance: Start/Finish dates are hobeannounced, — Basis of Compensation: EE&G's fee is $4.888,67. Method of Invoicing: The invoice will be submitted at the completion of the project. 5, Professional Retainer: No retainer fee iorequested. 6. General Conditions: a. Payments for invoices prepared bv EE&G are due and payable upon receipt. b. This Agreement may be terminated by either party hereto upon 15 days' notice in writing to the other party. Upon termination, EE&G shall prepare and submit efinal invoice for services rendered to the date of termination together with any termination expenses incurred. C. The parties hereto shall maintain in full force and effect comprehensive public liability insurance with coverage limits which are reasonable in light of the work to be undertaken, and workmen's compensation insurance ea required bylaw. d Any drawings and specifications developed pursuant to this Agreement are instruments of service, and as such the original doounments, tracings, and field notes are and remain the property of EE&G regardless of whether the work for which they were prepared is executed. Professional Services Agreement 2O28'2O71 Page 4of4 e. in the event that legal action is instituted to enforce any of the terms of this Agnaement, the party which does not prevail shall pay the |oQo| expenses of the prevailing perty, including otturney'o fees. f. The parties hereto each binds itself, its suooessons, emecubors, administrators and assigns to the other party to this Agreement and to the suoceseora, axeoutors, administrators and oam/Bne of such other party in respect of all covenants of this Agreement, g EE&E)'o liability for services to be rendered under this Agreement aha|| be limited to $2.000,000 or the amount ofEE&G's fee (whichever is Qnaabar). unless Client pays for the assumption of additional liability by EE&G as o separate line item in Article 3. Compensation h. If applicable, Client agrees that EE&G shall not be responsible for liability caused by the presence or release of hazardous substances at the site. The Client will either make others responsible for liabilities due to such conditions or will indemnify and save harmless EE&G from such liability. The provisions of this Article (G.h) shall survive any termination of this Agreement, IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by their duly authorized officers on the date first written above. EE&G Construction & Restonetipn, LLC Client: Monroe County Public Works Digitally signed by Christine Christine H"rl"v SIGN:'-' SIGN: Hurley »°w16:19.c»��» NAME: NAME: Christine Hurle)� TITLE: TITLE: Counj�z Administrator MOmRO[COUNTY mTTOMmGYS Of FCC APPROVED AS TO FORM /^�- DATE: 5-04-202r, I Addendum Monroe County Contract Terms and Conditions The Monroe County Board of County Commissioners (hereinafter, "County") and, EE&G, Construction and Restoration, LLC. (hereinafter, "Company's agree as set forth below. The County and Company hereby enter into this Addendum to P r o p o s a l 9 2 0 2 6-2 0 71 o f C o in p a n Yand agree to the following: � The County and Company hereby enter into this Addendum to modify any Agreement,Proposal/Quote or Estimate offered by the Contractor for the goods or services to be provided(hereinafter referred to as" Agreement") and agrees to the following: Proposal in the Amount of$4,988.67to Provide Materials and Labor to perform all services needed for asbestos abatement at the Marathon Professional Building. The Agreement includes and incorporates the Quote and this Addendum. To the extent that any terms j conflict,the language as set forth in this Addendum shall supersede any other terms and shall be binding. i The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with Chapter 119, Florida Statutes. 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. Company shall submit to the County invoices with Supporting documentation that are acceptable to the Office of 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 h—e Clerk's isbursal of of Inds. 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. The County's indemnification is limited and subject to the sovereign immunity provisions of Section 768.28, Florida Statutes. This Agreement shall not exceed $100,000,00, Any automatic renewal is subject to this not to exceed amount of$100,000.00 Maintenance of Records. The Company 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 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 Clerk determines that monies paid to the Company pursuant to this Agreement were spent for purposes not authorized by this Agreement,the Company 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 Company. 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 Company 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 attomey's flees 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 tw 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 amended (20 LJSC 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 LJSC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and 'Fi-eati-nent 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 LJSC ss. 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title V1.1f 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 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. Public Records Compliance. The Company 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 offlorida. The County and Company 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 Company 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 Company. Failure of the Company to 2 i 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 Company is encouraged to consult with its I advisors about Florida Public Records Law in order to comply with this provision. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the County and Company 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. 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 Company agree that neither the County nor the Company 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. 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 Company 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—author-iz-ation-statu-,-of all new-e-mployee-s hired by the subcontractor dur-ing�-the Agreement term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. Company shall comply with and be subject to the provisions of Section 448.095,Florida Statutes. County Forms. By signing this Agreement, the Company has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Drug-Free Workplace Statement, Vendor Certification Regarding Scrutinized Companies List and Affidavit Attesting to Noncoereive Conduct for Labor or Services as set forth in more detail in this Agreement. Public Entity Crime Statement. The Company certifies and agrees that n e i t h e r t h e Company 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 3 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 [or public entity crime may not submit a bid, proposal or reply oil 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 1.11-iblic entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CA'rEGORY TWO for a period of'36 months from the date of being placed on the convicted vendor list. By signing this Agreement, the Company 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 hereunder and may result in debarment from the County's competitive procurement activities. In addition to the foregoing, the Company 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 Company has been placed on the convicted vendor list. The Company 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. Employment or Retention of Former Count -s or Employees. By signing this Agreement, the y Officers L, Company warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation oft Section 2-149, Monroe County Code of Ordinances or ally County officer or employee in viol ation 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 COUnty Code of Ordinances. Vendor Certification Regarding Scrutinized Companies Lists. Company agrees and certifies compliance with the following: 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 titre 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 that 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 that is engaged in business operations in Cuba or Syria from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 4 or more. As the person authorized to sign on behalf of Company, I hereby certify that the company 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. 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 Iran Terrorism List or been engaged in business operations in Cuba or Syria. Note: The Lists are available at the following Department of Management Services Site: l�ttp://www.dms.myflorida.com/business operations/state pruchasin�/vendor information/convicted sus pended discriminatory complaints vendor lists Non-Collusion Affidavit. Company by signing this Agreement, according to law on its oath, and under penalty of perjury, deposes and says that the person signing on behalf of the Company and the bidder making the Proposal for the project described in the Scope of Work 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_o.r_w_ill-be---inade-by .the-bidder-to-induce-an-yother----person, par-tne.r-shi-p--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 fill 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. The Company is required to state, under penalty of perjury, that the Company does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Subsection 787.06(2)(a), coercion means: 1. Using or threatening to use physical force against any person, 2. Restraining, isolating, or confining or threatening 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; 5 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or L_ C� 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 11 of Section 893.03), Florida Statutes to any pet-son for the pU1j.)0se of exploitation of that person. As a person authorized to sign on behalf of the Company, I certify tinder penalties of pedury that the Company does not use coercion for labor or services in accordance with Section 787,06. Additionally, the Company has reviewed Section 787.06, Florida Statutes, and agrees to abide by sarne. Insurance. The Company shall maintain the following required insurance throughout the entire term of this Agreement and any extensions. Failure to comply with this provision may result in the immediate SUSI)CM1011 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 any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for Company's failure to maintain the required insurance. Commercial General Liability Insurance with minimum limits of$500,000 Combined Single Limit(CSL) If split limits are provided, the rninimt.111-1 limits acceptable shall be $250,000 per Person, $500,000 pet- occurrence and $50,1000 property damage. The Monroe County BOCC shall be named as an Additional Insured as its interests inay appear on all insurance policies issued to satisfy the above requirements. The Company shall provide to the County as 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 • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Gaelan .fones at (305) 292-3470 for details (Certificates can be e-mailed directly from the insurance agency to: Jones-Gaelan(' MonroeCounty- Fl.gov, An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerk's office. The Insurance Policy Must state that the Monroe County BOCC is the Certificate Holder and Additional 111SUred for this contract. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNAJURE PAGE -1-0 FOLLOW] 6 EE&G, ConstrUCtion and Restoration, LLC. ..._-. ..: ---- - S1gnat ...._. . __ Title - Date MONROE COUNTY ATTOMNEYS(OFFICE APPROVED AS TO FORM STANCYVU- NT COUNTY ATTORNEY DATE: �-04-?f)?6 7 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 02/17/2026 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 CONTACT Bellwether Insurance Group NAME: Bellwether Insurance Group,LLC PHONE Ext: (954)800-6400 /X No: (954)935-7597 201 SE 15th Terrace,Suite 203 E-MAIL Certificates@bigriskmanagement.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Deerfield Beach FL 33441-4464 INSURERA: Axis Surplus Insurance Company 26620 INSURED INSURER B: National Specialty Insurance Company 22608 EE&G Construction&Restoration LLC INSURERC: AMERICAN INTERSTATE INSURANCE COMPANY 31895 14879 NE 20th Ave INSURER D: INSURER E: N Miami FL 33181 1INSURER F: COVERAGES CERTIFICATE NUMBER: MASTER Exp 8.19.2026 REVISION NUMBER: THIS IS TO CERTIFYTHAT 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. INSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER MM/DD YYYYMPOLICY EFF O DD YYYY LIMITS ICY EXP LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE_7CLAIMS-MADE �OCCUR PREM SESORENTED Ea occ",arce $ 50,000 X Ind Asbestos/Lead Ops MED EXP(Any one person) $ 5,000 A X Pollution Liability Y SP007153-01-2025 08/18/2025 08/18/2026 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑X PRO 2,000,000 JECT LOC PRODUCTS $ OTHER: Professional Liability $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y GMI-1356-00 02/19/2026 08/19/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per.accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAR CLAIMS-MADE SX007154-01-2025 08/18/2025 08/18/2026 AGGREGATE $ 5,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION X STATUTE ER AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? NIA AVWCFL3404912025 08/18/2025 08/18/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ M Mold Ops-Claims Made Form old Per Claim $1,000,000 D 4547-42-31 EUC 08/18/2025 08/18/2026 Mold Aggregate $2,000,000 Bailee's Coverage $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:All projects BO Burin the Captioned l ins term. y P 1 9 P y T Monroe Count BOCC is listed as additional insured to the General Liabilityand Automobile Liability DA6E-..._..._.._...,. —_,....__. VWAi K* 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. 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 COMMISSIONERS PURCHASING POLICY MANUAL ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Dash Door& Glass Contract# Effective Date: Upon Execution Expiration Date: 30 days after project completion Contract Purpose/Description: Provide materials and labor to furnish and replace offset pivot set for the Key Largo Library Door. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: William Desantis 4307 _ DeSentts-Wllllam@monroeoounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 1,950.00 _ Current Year Portion: $ 1,950.00 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the Inn anu inua[uu6ve amouuuut k$100,00.00 Or pUss) Budgeted?Yes❑✓ No❑ Grant: $NSA County Match:$ N/A Fund/Cost Center/Spend Category:001-20501-00062 ADDITIONAL COSTS Estimated Ongoing Costs:$ /yr For:general maintenance (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES W NO ❑ CONTRACT REVIEW Reviewer Department/Office Director/ Signature: William DeSantls JW.. - — AssistantDirector Dlg1lii0yaegroetiby Joltao X044lvo County Attorney Signature: Joseph X. DiNovo Dal-:207604,20006 12-04W Jaclyn i=latt Digitally signed 6y Jaclyn Flatt Risk Management Signature: y Dale:2026.04 22 08:12:27-04'00' Purchasing Signature: Lisa Abreu Date 202604.23y13:Sg:34-04'00' (email contracts@monroecounty-fl.gov) Digitally 69ne%6y Asxl alive Mal-sky OMB Signature: Angelica Malcosky Data:202644/31 F,050-04'00' (email OMB @monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 Revised 11/12/2025 91 P a g e �� Dash Door&Glass Quote DOOR Tel: .das doors 64 www.dashdoor.corn Quote: 40877 DGLASS Date: 04/16/2026 To: Monroe County Detention Center 14493 Project: Key Largo Library 5501 College Rd 101485 Overseas Hwy Attn: Public Works Key West FL 33040 Key Largo FL Attn: Nestor This quote is valid until: 05116/2026 Submitted By: Kyle Tome Quantity Unit Description 1.00 Ea Offset Pivot Set-Vistawall/kch Style-DU-NH 1.00 Ea RATE-SERVICE-AUTOMATIC-Regular Time Right Hand Door from Outside Looking In has Damaged Pivots: -Furnish and replace item(s)listed for proper operation of auto door -Lead time is 3-5 days -One year warranty on items)listed -Two Techs required for repairs Quote is to replace the failing offset pivots on the door listed above Please date and sign your acceptance below. Subtotal $1,950.00 Date: 05/08/2026 Order No.: Sales Tax $0.00 Digitally signed by Christine Hurley Quote Total $1,950.00 Signature 'Christine Hurley Date:2026.05.1006:23:14-04'00' Print Name Christine Hurley Monroe County Administrator MONROE COUNTY ATTORNEYS OFFICE Print Title APPROVED AS TO FORM Page 1 of 1 TAT ATTORNEY DATE: 5-7-2026 Addendum Monroe County Contract Terms . d Conditions The Monroe County Board of County Commissioners (hereinafter,'°County') and,Dash-Door& Closer Service,Incorporated,dba Dash,Door&Glass(hereinafter,"Company')agree as set forth below. The County and Company hereby enter into this Addendum to Q u o t e #4 0 8 7 7 o£ C o in p a n y and agree to the following: The County and Company hereby enter into this Addendum to modify any Agreement,Proposal/Quote or Estimate offered by the Contractor for the goods or services to be provided(hereinafter referred to as" Agreement!)and agrees to the following:Proposal in the Amount of$1,950.00 to Provide Materials and Labor to Furnish and Replace Offset Pivot Set-Vistawall/Arch Style-DU—NH for the outside door at the Monroe County Library in Key Largo,Florida. The Agreement includes and incorporates the Quote 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 Agreement is a Public Record under Chapter 119,Florida Statutes.The parties agree to comply with Chapter 119,Florida Statutes. 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. Company shall submit to the County invoices with Supporting documentation that are acceptable to the Office of 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. 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. The County's'indemnification is limited and subject to the sovereign immunity provisions of Section 768.28,Florida Statutes. This Agreement shall not exceed $100,000.00. Any automatic renewal is subject to this not to exceed amount of$100,000.00 i to ange orris. The Company 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 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 ofthis Agreement. If an auditor employed by the County or the Clerk determines that monies paid to the Company pursuant to this Agreement were spent for urposes not authorized by this Agreement,the ClAnpoy shall repaythe uttwdk Ewa aJ( tyRhunt eta gram t this r� °ec'm aat.t� ,dtti�w readk��.�q� �'�ali�tre�Bri�mth� iruwat to v scope o"w��wrk oatt��rN� pca°�arrruw a e uroadva�nr1i ring Party. ptap(u,tiartato to its a wivibution to any damages,and shall be null and void in the event of: 6V any subsequent work performed by others at the same door opening(s)or within the same scope location;or (6)a failure by the owner to maintain,inspect,and document such rnaintenanre and inspections in accordance with AAADM(American Association of Automatic Door iamiufta JV1Cr,)recommendations or any applicable governing industry standards. monies together with interest calculated pursuant to Section 55.03,Florida Statutes,running from the date the monies were paid to the Company. Governing 1:.aw, er re ati n C9211, and 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 Company 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. Aug-rya 's)KA01 and C 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 foes 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, Y_ondiscrImination. 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 III of the Civil Rights Act of 1964. (PL 88-352)which prohibits discrimination on the basis ofrace, 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 discTimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972 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(PIS 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 d drug abuse patient records; 8)Title VM of the Civil Rights Act of 1968(42 USC s.3601 et sect.),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 1.4, 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. Pgblit ftgrds QMmliglIg., T h e Company 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 Company 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 11.9, Florida Statutes, and made or received by the County and Company 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 Company.Failure of the 2 Company 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 Company is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Ngp.WaIn.r of.1mmunily Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the County and Company 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 went of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Nog-Re liapg& by.Non-ElItM. 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 Company agree that neither the County nor the Company 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. Ng re r1onal Lijbillij. No covenant or agreement contained herein shall be deemed to be a covenant or agreement,o.f 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. E_-Verify ftgem. 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 Company 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 authorizations of all new employees hired by the subcontractor during the sta ubco Agreement tem. Any subcontrwor shall provide an affidavit ting that the s ntractor does s not employ, contract with, or subconstruct with an unauthorized alien. Company shall comply with and be subject to the provisions of Section 448.095,Florida Statutes. Lo.0.gIX lForMs, By signing this Agreement, the Company has swam or affirmed to the following requirements as set forth in the Public Entity Crime Statement,Ethics Statement,Drug-Free Workplace 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 Ell-fitgQ1gle$MLe—ment- The Company certifies and agrees that n e i t h e r t h e Company nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 2,87.134, Florida Statutes, an entity or affiliate who lias 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 entityl may not submit a bid on a contract with a 3 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 Company 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 hereunder and may result in debarment from the County's competitive procurement activities. In addition to the foregoing,the Company 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 ofthe amount of money involved or whether Company has been placed on the convicted vendor list. The Company 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. Em _pJainent gr Retggligng , fFoLmerCun +Cl« Hers o E l .By signing this Agreement,the Company ware he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2-149, 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 County Code of Ordinances. Vendqr Cedification ftarding Se utinixW !Qompanig U ts. Company agrees and certifies compliance with the following: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for gonads 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 that 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 that is engaged in business operations in Cuba or Syria from bidding on, submitting a proposal for, or entering into or renewing a contract for gonads or services of$1,000,000 or more. 4 As the person authorized to sign on behalf of Company,I hereby certify that the company identified above is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,0 0,000 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. I understand that, pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties,a ey's fees,and/or costs. I f0.urther understand that any contract with the County may be terminated,at the option ofthe County,ifthe company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran"terrorism List or been engaged in business operations in Cuba or Syria. Note:The Lists are available at the following Department of Management Services Site: can-Coll ran Affidglih Company by signing this Agreement,according to law on its oath, and under penalty of perjury,deposes and says that the person signing on behalf of the Company and the bidder making the Proposal for the project described in the Scope of Work 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 rafficting 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 filoneoerr ive Conduct for haboor ,errv'ices.The Company is required to state, under penalty of perjury,that the Company does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As defined in Subsection 787.06(2)(a),coercion means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening 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,ifthe 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 5 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, Florida Statutes to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of the Company,I certify under penalties of perjury that the Company does not use coercion for labor or services in accordance with.Section 797.06,Additionally, the Company has reviewed Section 787.06,Florida Statutes,and agrees to abide by same. Mwr MF& The Company shall maintain the following required insurance ghout the entire term of this Agreement and any extensions. 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 any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for Company's failure to maintain the required insurance. Commercial General Liability Insurance with 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 and$50,000 property damage. The Monroe County BOCC shall be named as an Additional Insured as its interests may appear on all insurance policies issued to satisfy the above requirements.The Company shall provide to the County as 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 • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management-Telephone Gaelan Jones at(305)292-3470 for details(Certificates can be e-mailed directly from the insurance agency to: Jones-Gaelan@MonroeCounty- Fl.gov. An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerk's office. The Insurance policy must state that the Monroe County BOCC is the Certificate Holder and Additional Insured for this contract. as f Roygr& lass MONROE COUNTY ATTORIN YSOFMCE --- ARRON®ASTOFORM S' OUL - Title �AEY President 3 am - Christine Digitally signed by Date Christine Hurley H u rl e Date:2026.05.10 04/02/2026 y 06:23:35-04'00' 6 CERTIFICATE OF LIABILITY INSURANCE a�Aao3rw2o2s �pB C' fS ED AS NIA tNP"Tf "HON ONLY,AND CONP'64 HO UPtx 1 To CaRnWATE WLDM Tt CERIIFICJI7E DOER NOT ATfPTRtIMA Y OR NEOA7IVELY D� D OR ALTER THE COVORAGS AfFORDO BY THE POWIES oELOYY. T FYS Ct'sRTffICATE OF INSURANCE DOES NOT CONSTITTTTE A CONTRACT WIERMN THE IMING BYSUTMS)t AUTHORRBD REPREateN'fAT1YE ORPRODUCER,AND THE CERflflCJITE HOLDER. t ORTANIW f9 a oartt hraraft aNALMSURED it or be 0;3;;at If StUB bS NNN aalfagaot tb ttfs tamne efrd oondNlane of ttdPra 1►a1 tt Ifotd wnsy ngadrn an a A smenwet an this tat nat tf to the oaatltta aYta Iwoldar laa Ilew of aAaoh . PACCtI UBALLC A,, p NAtcaw t2+11tY8112S1.Tt11�0"2i 1DtI4d6 Dab DwandUumwBervle hm, Dash Dw and Olean ENDO NW 23id GM Dwg,FL 23172 s S C PICATE N ER: 1 REVISNON NUMBER: 2' IE TO C THAT THE CfE'S OP INSURANCE Ut?D TO THE t THE PCLtCT PEMOD wotCA"w NomomANOWS ANY R9QUIRVAENT,IMM OR CONOMON OF ANY CONTRW OR OTHER DOCUMENT RESPECT TO WHOH THIS C :FtTtF1C.ATE MAY SE WSUED OR MAY PERTAIN,THE MUR0106 AFFORDED BY THE POUMS OESORM HERON IS Bus W TO ALL THE. ANDOMMONSOFOUCH -L N" A4!«Y HAVEOSENRODUCEDBYPACCLAMM t"YPArIPMAtlItNk?aapl[ LIMA A COMUP&AL41100MAt.,LMSMY Y Cii gC11020 -$ mom CUUMMME Fj OCCUR a 1BBk,OitO NIAW e" Sit ewa.OUGY(�"N)E M A Aa PatH k v CA w Ac-1 TEA CC aEaS MOOD, MY _ AMYAUM Owmp&IL Ded V=YKAW $ ass ,.,_". .. _. X Cwar N � NJ/4e CRCUR CAaE.. .• «. . ... a MWERILae ,„ wm"wkX10,00 AGGREOM $ ss fl AMao N a fi C�" NIA W N EL G .IA a SAW ....... ELC a wmm B dU 01fi137112 03p1RORB D3I011202T VOW C GbnlfefierPsflhfAalUEbIDy G 05342005 O3A11ZOR6 D910VAU EwhkMe 4,OODAM 'maESAta J µooaoleaa lfcaa�tlkalw«sMENar sgwr�Na�+e «Q IYgq�BCC181161C'02 MOM*O m*9= a(nddedassmomott"umdwhwoa4tAadNEwomaanaeetwWlmpacttopanafduft WAS*0ealllb. E1R1 p O D R O �C��LATINN Mwm&Cmy BDCD SHOULD ANY OFTHEABOVIN DEBOMaD pOL AS BE CANCEtLtn 1l mm 2M OweM=ftbW Bulb 300 THE EXPIRATION DATE MWW. No= WILL SE DVJVWM IN htefdham FL 38060 ACCORDANGSwrmirmEPOOCYPRwM04. AVOORIVIOREMMUMMAnVE SfT -�t11SA Ct1RPORAT"NON.A11tIpI1lte ed. ACORD 2S(20M83) The ACORD awn*end logo are reptehtad marks of ACORD X1 I :1",OA l )IVINIISSI INHH', ll: 6'IfA`";II'`,J )IJ NI .1\41, �1., ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Chief Downey's Consulting & Contract# Training LLC Effective Date: Upon contract signing (by 05.13.26) Expiration Date: Upon completion of services(05.18.2026) Contract Purpose/Description: Professional Services Agreement with Chief Downey's Consulting &Training LLC to deliver on-site training services for Monroe County Fire Rescue personnel at the Fire Training Academy. The 2-day Leadership Development Program will be conducted on May 14-15 at a fixed cost of$4,000.00 for up to thirty(30) Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Cheri Tamborski 305.289.6088 Tamborski-Cheri@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 4,000.00 Current Year Portion: $ 4,000.00 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the total curmailatiive a.rrtou.¢ut is$l tiVQi,l1Q1.Q1Qv ryr less) Budgeted?Yes 0 No❑ Grant: $ NIA County Match: $ N/A Fund/Cost Center/Spend Category: 001-12001; SC_00038 ADDITIONAL COSTS Estimated Ongoing Costs: $ 0 /yr For:0 (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer R.L. Col i na Digitally signed by R.L.Colina ffi Department/Oce Director/ Signature: Date:2026.04.30 03:59:50-04'00' Assistant Director Digitally signed by Eve M.Lewis County Attorney Signature: Eve M. Lewis Date:2026.04.30 12:12:09-04'00' Jaclyn Flatt Digitally signed by JaclynFlatt Risk Management Signature: Date:2026.04.3013:29:12-04'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.04.30 16:36:11-04'00' (email contracts@monroecounty-fl.gov) p�„1��a �a��Digitally signed by Angelica Malcosky OMB Signature: /1 Date:2026.05.0109:00:5s-o4'o0' (email OMB@monroecount)T-fl.gov) Comments: Revised BOCC 11/12/2025 Agreement between MONROE COUNTY, FLORIDA and CHIEF DOWNEY'S CONSULTING & TRAINING LLC for Professional Fire Rescue Training Services This Agreement("Agreement") is made and entered into this day of k,. - 2026 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, acting through its County Administrator, hereinafter referred to as "COUNTY," and CHIEF DOWNEY'S CONSULTING & TRAINING LLC, a Florida Limited Liability Company authorized to do business within the State of Florida,whose address is 10496 SW 17 Dr.,Davie, FL 33324,hereinafter"CONTRACTOR,"and the aforementioned parties are collectively referred to herein as the"Parties." WITNESSETH: WHEREAS, the Monroe County Fire Rescue Department ("MCFR") is in need of training that includes a two(2)-day Leadership Development Program that will provide professional training for MCFR officers, chief fire officers,managers, and supervisors, as set forth in more detail within"Attachment A- Scope of Services" (hereafter referred to as the"Training"); and WHEREAS, CONTRACTOR has represented that it has the requisite skills, expertise and manpower to provide the required services. NOW,THEREFORE,in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: ARTICLE I 1.1 REPRESENTATIONS REPRESENTATIONS By executing this Agreement, CONTRACTOR makes the following express representations to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Training until the CONTRACTOR'S duties hereunder have been fully satisfied. 1.1.2 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate,coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to its performance and those directly under its employ. 1.1.4 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Training. In providing all services Page 1 of 14 pursuant to this Agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to,or regulating the provisions of such services,including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this Agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.2 Contract Documents. This Agreement shall consist of this contract, and its exhibit, specifically "Attachment A - Scope of Services." In the event of any conflict between any of the Contract documents,this Agreement will control,followed by its exhibit; and any ambiguities contained in any of these Contract Documents are to be resolved in favor of the COUNTY. ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF SERVICES The CONTRACTOR'S Scope of Services consist of those described in "Attachment A" to this Agreement, and same is incorporated herein as if set forth in full. By executing this Agreement, the CONTRACTOR acknowledges that it has thoroughly reviewed the documents incorporated in this Agreement and that it accepts the scope of services to be performed and the conditions under which the work shall be performed. 2.2 CORRECTION OF ERRORS,OMISSIONS,DEFICIENCIES The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its subcontractors or both. 2.3 NOTICE REQUIREMENT Formal notice required or mandated under this Agreement shall be in writing and hand delivered, emailed, or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Christine Hurley, County Administrator Monroe County Administrator's Office 11.00 Simonton St., Suite 2-205 Key West,FL 33030 County_Administrator@monroecounty-fl.gov With a copy to: Monroe County Attorney's Office P.O.Box 1026 Page 2 of 14 Key West,FL 33041-1026 For the CONTRACTOR: .bA,AD -00wc��,� 101_kcIL. S.L n T>P— D Email: i>c *_ (� I C 0" ARTICLE M INDEMNIFICATION AND HOLD H4RMLESS 3.1 The parties agree that one percent(1%) of the total compensation paid to CONTRACTOR for the work or services under this Agreement constitutes specific consideration to CONTRACTOR for the indemnification to be provided under the Agreement.Notwithstanding any minimum insurance requirements prescribed elsewhere in this CONTRACTOR Agreement, the 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. Furthermore, 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 virtue 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. 3.3 In the event the completion of the Training(to include the work of others)is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delays. 3.4 Nothing contained herein is intended, nor may it be construed, to waive COUNTY's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement. These provisions shall survive the expiration or early termination of the Agreement. ARTICLE IV PERSONNEL 4.1 PERSONNEL This is a personal services contract, wherein the COUNTY relies on the CONTRACTOR to provide training services by David Charles Downey (himself). Should the CONTRACTOR require assistance from other personnel, CONTRACTOR shall assign only qualified personnel to perform any service concerning the Training in support of David Charles Downey's training. Page 3 of 14 4.2 SUPERVISION& SAFETY CONTRACTOR must supervise the workforce to ensure that all workers conduct themselves and perform their work in a safe and professional manner. CONTRACTOR must comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work.CONTRACTOR must at all times have a competent field supervisor to enforce these policies and procedures at the CONTRACTOR's expense. ARTICLE V COMPENSATION and TERM 5.1 COMPENSATION In exchange for the Training,the COUNTY will pay the CONTRACTOR the total price provided in"Attachment A,"attached hereto,to wit:$4,000.00.The price is a lump sum,and includes travel expenses and any other associated expenses and costs. Payment will be made in accordance with the Local Government Prompt Payment Act, Section 21.8.70, Florida Statutes. CONTRACTOR shall submit an invoice(s)with supporting documentation that is 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. Notwithstanding anything contained herein, the price, even if increased by written amendment must not exceed the total value of$100,000.00 without the prior formal approval of the Monroe County Board of County Commissioners. 5.2 TERM OF AGREEMENT The Agreement will become effective when all parties have signed the Agreement, as of the date of the last party's signature that is affixed hereto, but in no event later than May 13, 2026 (since the Training is set to commence on May 14, 2026). The term of the Agreement ends upon the conclusion and/or completion of all obligations of the parties provided hereunder. ARTICLE VI INSURANCE 6.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the Training(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. �t tCl�tlt�lT � r� �. Workers' Compensation Statutory Employers Liability $200,000/$500,000/$1.00,000 WCI. Commercial general Liability $300,000 Combined Single Limit GLI. $200,000/person; $300,000/occurrence Vehicle Liability $200,000 Property Damage VL2 Or $300 000 Combined Sin le Limit Page 4 of 14 Professional Liability $300,000 per Occurrence/$500,000 Agg. LILPROI 6.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A or better,that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60)days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 6.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440,Florida Statutes. (See Form WCI.) B. General Liability Insurance,including Personal Injury Liability,covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,000 Combined Single Limit (See Form GLI). 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 fled on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. C. Professional Liability Insurance of$300,000/$500,000 limits. If the policy is a"claims made" Policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the Training to cover the statutory time limits in Chapter 95, Florida Statutes. (See Form PRO1.) D. COUNTY shall be named as an additional insured on all policies except Worker's Compensation. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. E. Insurances can be altered via written waiver by County's Risk Manager, if required. F. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Sufficient Insurance will be required.In addition,the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE VII 7.1 TERMINATION TERMINATION A. In the event the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement.The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay Page 5 of 14 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 a]. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the sum due to the CONTRACTOR exceeds the amount listed in paragraph 7.1- The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. E. If COUNTY determines that CONTRACTOR has falsely certified facts under Sections 287.135, 215.473, and 287.138, Fla. Stat., or if CONTRACTOR is found to have been placed on a list created pursuant to Section 215.473, Florida Statutes, as amended, County will have all rights and remedies to terminate this Agreement consistent with state law, as may be amended from time to time. ARTICLE VIII MISCELLANEOUS 8.1 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 Training;(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 Training; (d) government order or law in the geographic area of the Training; (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 Training; (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 costs as a result of an Uncontrollable Circumstance. The CONTRACTOR may only seek a no cost extension for such reasonable time as the COUNTY may determine. 8.2 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 Page 6 of 14 consistently applied.Records shall be retained for a period of five years from the final payment or termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five years following the final payment or termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03,of the Florida Statutes,running from the date the monies were paid by the COUNTY. 8.3 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 required 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 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 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, I Ill 12TH STREET, SUITE 4089 KEY WEST, FL 33040, EMAIL: PUBLJC11EC0RDSr&,M0 IRO EC0 I!LN1 3470. OR PHONE: 305-292- 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. Page 7 of 14 8.4 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, 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. 8.5 E-VERIFY SYSTEM In accordance with Section 448.095,Fla. Stat.,the CONTRACTOR,and any of its subcontractors, must register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all persons employed by CONTRACTOR to perform employment duties within Florida during the term of the contract, including newly hired persons, and all persons including subvendors/subconsultants/subcontractors assigned by CONTRACTOR to perform work pursuant to the contract with the COUNTY. By signing this agreement, CONTRACTOR certifies that it is in compliance with and is subject to the provisions of Section 448.095, Fla. Stat. 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. CONTRACTOR will also be liable for any additional costs the COUNTY incurs as a result of the termination of this Agreement in accordance with this Section. 8.6 SCRUTINIZED COMPANIES&FOREIGN COUNTRIES OF CONCERN (SECTIONS 287.135,215.473,&287.138,FLA. STAT.) 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 Iran 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 certain 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 Nicolas 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 extend or renew any contract that grants access to an individual's personal identifying information unless the CONTRACTOR provides the COUNTY with an affidavit signed by an authorized representative of the CONTRACTOR,under penalty of perjury,attesting that the CONTRACTOR does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended. Violations of this Section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. Page 8 of 14 8.7 PUBLIC ENTITIES CRIMES 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. 8.8 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." 8.9 NONCOERCIVE CONDUCT FOR LABOR OR SERVICES As a nongovernmental entity submitting a proposal, executing, renewing, or extending a contract with a government entity, COUNTRATOR is required to provide an affidavit under penalty of perjury attesting that COUNTRATOR does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes.As an authorized representative of COUNTRATOR,I certify under penalties of perjury that COUNTRATOR does not use coercion for labor or services as prohibited by Section 787.06.Additionally,COUNTRATOR has reviewed Section 787.06,Florida Statutes,and agrees to abide by same.Last,any contract renewed or entered into after July 1,2024, may be terminated at the option of the COUNTY if the CONTRACTOR is placed on the forced labor vendor list created pursuant to Section 287.1346,Fla. Stat.,as may be amended from time to time. 8.10 ANTITRUST VIOLATIONS; DENIAL/REVOCATION 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. 8.11 DISCRIMINATORY VENDOR LIST Page 9of14 CONTRACTOR hereby acknowledges its continuous duty to disclose to the COUNTY if the CONTRACTOR or any of its affiliates, as defined by Section 287.134(1)(a),Florida Statutes, are placed on the Discriminatory Vendor List.Pursuant to Section 287.134(2)(a),Florida Statutes:"An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or 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." 8.12 COUNTY SUSPENDED VENDOR LIST The eligibility of persons to bid for an award of County contract(s), or enter into a contract, may be suspended pursuant to sec. 2-347(1)of the Monroe County Code of Ordinances. In the event an eligible person is suspended by the County after the contract is awarded, or a suspended person is employed to perform work(e.g. subcontractor in a bid or contract)pursuant to a County contract, same shall constitute a material breach of the contract. The County, in its sole discretion, may terminate the contract with no further liability to the CONTRACTOR beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination, and herby reserves all other rights and remedies available at law or in equity. 8.13 TRADE SECRETS INFORMATION Documents submitted by CONTRACTOR which constitute trade secrets as defined in Section 812.081, Florida Statutes, as amended from time to time, 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 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. 8.14 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Section 889(b)of the John S.McCain National Defense Authorization Act for Fiscal Year 2019,Pub. L.No. 115-232,and 2 C.F.R. § 200.21.6 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 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 use 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 48 CFR§ 52.204-25(d)(2)to COUNTY. Page 10 of 14 """""YN'mrii'I7rRmwmririommirnnnnnimnmmnnuu 8.15 PROHIBITED ACTIVITIES REGARDING DEI Effective January 1,2027, in accordance with F.S. 287,139,as a condition precedent to any award of a contract or grant by the COUNTY, the CONTRACTOR hereby certifies that the CONTRACTOR does not and will not use county funds to require its employees, contractors,volunteers, vendors, or agents to ascribe to, study,or be instructed using materials relating to diversity,equity, and inclusion as defined in F.S. 125.595(1), as may be amended from time to time. 8.16 DRUG-FREE WORKPLACE In accordance with Section 287.087, Florida Statutes, the CONTRACTOR agrees to: (a) Publish 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; (b)Inform employees about the dangers of drug abuse in the workplace, the business' 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; (c) Give each employee engaged in providing the commodities or contractual services that are provided pursuant to this Agreement the above information; (d)In the statement specified herein,notify the employees that, as a condition of working on the commodities or contractual services provided in this Agreement, the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893,Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction;(e)Impose 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; (0 Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section; (g)The person authorized to sign an affidavit on behalf of the CONTRACTOR must certify that it complies fully with the above requirements. 8.17 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate,to the extent required by the other party and at the other party's sole expense, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision 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. 8.18 NONDISCRIMINATION CONTRACTOR and COUNTY agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(PL 91-616),as amended,relating Page 11 of 14 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.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) The Pregnant Workers Fairness Act (PWFA) pursuant to 42 U.S.C. 2000gg 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. 8.19 CONFLICT OF INTEREST,GRATUITIES,KICKBACKS,AND COLLUSION The statements contained in this paragraph are true and correct, and made with the full knowledge that COUNTY relies upon the truth of the statements contained herein. 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 parties. b) Gratuities.CONTRACTOR hereby certifies that it has not offered,given,or agreed to give any 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 contract. 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 another person or entity to submit a proposal, or not submit,for the purpose of restricting competition in the award of contract. e) Contract Clause. The prohibitions on conflict of interest, gratuities, kickbacks, and collusion prescribed in this paragraph must be conspicuously set forth in every contract and subcontract and solicitation initiated by CONTRACTOR in its performance of this Agreement. 8.20 CODE OF ETHICS,COUNTY ORD.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 County Code of Ordinances. 8.21 GOVERNING LAW&VENUE The parties expressly agree that the only laws that apply to this Agreement are those of the State of Florida and United States of America, without regard to choice of law principals. 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 Southern District Page 12 of 14 of Florida, whenever applicable. This Agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County,Florida. 8.22 ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 8.23 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 Commissioners for Monroe County,and such 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. 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. 8.24 FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement.Any conditions imposed as a result of funding that affect the Training will be provided to each party. 8.25 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. 8.26 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. 8.27 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. 8.28 EXECUTION IN COUNTERPARTS Page 13 of 14 This Agreement may be executed an original, all of which taken together any number Of counterparts,each of which shall be regarded as ether shall constitute one and the same instrument and any of the Parties hereto may execute this Agreement by signing any such counterpart, W WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative as Provided hereunder. CONTRACTOR: CHIEF DOWNEy,S CONSULTING& T ING LLC By: Z(V Signature <==:;;' —Date STATE OF FLORIDA C> e COUNTY OF .41k-W-1—PIP Print Name& Title --'7 The foregoing instrument was sworn to/affirmed and acknowledged before me by means of 19�Physical presence or 0 online notarization,this-_2gday Of 20'2&by QLaw- [Authority Title] of CHIEF DOWNEY'S CONSULTING G LLC- He/She is personally known to me/or has roduced (type of identification)as identification. .7 me/or has roduced TYLER C.HAGER -"Flo'ida Sip t e lot Public f6165 5212 2028 Notary Poblic,State't e of Florida Si e Not My Comm.Expires may 12,iozii ublic C0111mission#H14 526165 Bonded through National Notary Assn, National N A Stamp Com%issioned Name ofNotary Public) COUNTY: MONROE COUNTY,FLORIDA Christine Digitally signed byChristine Hurley Date:2026.05.11 By:,Hurley 17:09:31-04'00' Christine Hurley,AICP Date Monroe County Administrator Approved as to legal form &sufficiency: Eve M. Lewis all, Ev�eM.Lewis,Assistant County Attorney Page 14 of 14 "ATTACHMENT A - SCOPE OF SERVICES" Custom Proposal �0011 r Monroe County Fire Rescue Chief Downey's Consulting m Training,, LLC 10496 Southwest 17t" Drive Davie, FL 33324 ChiefDowne DCnaam ilacorn Proposal Overview This two-day dynamic and interactive program focusing on those issues "between the alarms" will establish the foundation upon which company officers, chief fire officers, managers and supervisors will develop skills necessary tobe effective leaders in the m[ganioation This rnotiva�ngand interactive pnognarnxvi/| utilize lecture, group discussion, and role-playing scenarios to reinforce learning. Topics include: • Goal Setting w Managing Company-level Conflict * Roles and Responsibilities 0 Effective Communications * Developing Expectations w Delivering Company-level Training * Accountability * Team Building � Fundamentals ofLeadership w Mental Wellness * Decision Making Delivery of this 2-day program, May I4-15, 2026, in Monroe County. Class size limited to 30 participants. Investment Proposal o Z-d3y Leadership Development Program � ~4,ODO.00 Client Responsibilities o Provide a venue for the delivery of the presentation and pay any associated fees o Provide a projector andscreen1mde!iveraPoxverPo|ntpresentation o Provide any printing JS required for the training sessions o Provide four /4\ easels with markers for group activities o Provide any drinks, snacks ormeals Agreement of Proposal Chief Downey's Consulting & Training LLC agrees to provide the above-mentioned training as detailed in this proposal. Additionally, Monroe County Fire Rescue agrees to the terms outlined in this proposal and agrees to pay for the services rendered as outlined within. Monroe County Fire Rescue EXHIBIT ONLY-NO SIGNATURES Signed Title Printed Name Date Chief Downey's Consulting & Training, LLC EXHIBIT ONLY-NO SIGNATURES David Downey Owner Date Chief Downey's Consulting &Training, LLC Billing Information Upon Monroe County Fire Rescue's receipt and approval of invoices, Chief Downey's Consulting &Training ILLC shall be paid within thirty(30) calendar days. Invoices will be sent to the billing contact identified below. Name: Cheri Tamborski Email: MCFR-AP@monroecounty-fl.gov Phone: 305.289.6088 Address: 7280 Overseas Highway Marathon, FL 33050 Chief Downey's Consulting &Training, LLC THE HARTFORD BUSINESS SERVICE CENTER THE �Il 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 April 23, 2026 Monroe County Board of County Commissioners 1100 SIMONTON ST KEY WEST FL 33040 Account Information: Ll Chief Downey's Consulting 8� Contact Us Policy Holder Details : Need Help? Training, LLC Chat online or call us at (866)467-8730. We're here Monday- Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)04/23/2026 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 be endorsed. If SUBROGATIONIS 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 NUTMEG INS AGENCY INC/PHS NAME: PHONE (888)925-3137 FAX 76210775 (A/C,No,Ext): (A/C,No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio,TX 78251 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURED Property and Casualty Insurance Company 34690 Chief Downey's Consulting&Training, LLC INsuRERA: of Hartford 10496 SW 17TH DR INSURER B: DAVIE FL 33324 INSURER C: INSURER D: INSURER E: INSURERF: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence X General Liability MED EXP(Any one person) $10,000 A X 76SBUBM8WJ3 12/20/2025 12/20/2026 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X JECT ❑LOC PRODUCTS-COMP/OPAGG $2,000,000 POLICY❑PRO- OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO T BODILY INJURY(Per person) A IBK ALL OWNED SCHEDULED AUTOS AUTOS �y ��„_ 2 .26 BODILY INJURY(Per accident) D,T5 -�..._-.- HIRED NON-OWNED WAMP WR w�.. PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- AGGREGATE HMADE DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY Y/N E.L.EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E.L.DISEASE-EA EMPLOYEE (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below A Employment Practices Liability 76 SBU BM8WJ3 12/20/2025 12/20/2026 Each Claim Limit $25,000 Insurance Annual Aggregate Limit $25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations.Certificate holder is an additional insured per the Business Liability Coverage Form SL3032 attached to this policy. CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Board of County Commissioners BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED 1100 SIMONTON ST IN ACCORDANCE WITH THE POLICY PROVISIONS. KEY WEST FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,he waived or modified on the following contract or purchase. Contractor/vendor: Chief Downey's Consulting & Training, LLC Project or Service: Leadership Training for MCFR Contractor/Vendor 10496 SW 17th Drive Address&Phone#: Davie, FL 33324 Deliver a 2-day,classroom only,leadership development training to officers of Monroe County Fire Rescue(MCFR) General Scope of Work: Reason for Waiver or Modification: Unable to add Monroe County to AL Policies on or AL COI requirment Modification will apply to: Signature ofRequestor: Date: 4/28/26 Approved 17 Not Approved ❑ Risk Management Signature:_ Date: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: MONROE COUNTY COMMISSIONERS PURCHASING POLICY MANUAL ATTACHNW14T D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS$100,000.00 and Under Contract with:Dash Door&Glass Contract# Effective Date: Upon Execution Expiration Date: 30 days alter pro COMPIStion Contract Purpose/Description: Provide matedala and laborto fumleh and replace the continuous hinge and aw rye for the Key Tax 011ica door. Contract is Original A Mitt Contract AmendrnentlExtension Renewal Contract Manager' Willem DeBantis 4307� oasede-mib'n®m°nmamun"aov (Name) Email Address CONTRACT COSTS Total Dollar Value of Contract:$ M-00 Current Year Portion:$ 965.00 (must be$100,000 or loss) (Ircaoiti a unties On wul Dau nwulaliv0 mumouunt hr MW,04,00 or Cm mm) Budgeted?Yes No❑ Grant:$NIA County Match: NIA Fund/Cost CentedSpend Category:0o1-20501-00062 ADDITIONAL COSTS Estimated Ongoing Costs:$ /yr For:sen' " I (Not included in dollar value above) - (a g ,utilities, soiitoerial,sal s,ate.) Insurance Required: YES B NO❑ CONTRACT REVIEW Reviewer Departmentil'Office Director/ Signature' William DeSantis 'a •°• -- mm Assistant Director X. piNovo Digitallyslgnedby Joseph X.DlNow County Attorney Signature: Joseph X Data:2026.05,06 0g:37:13-04'00' Jaclyn Flatt DigitallyslgnedbyJaclynFlat, RiskManagement Si : y Date:2026,050810:09:36-04'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.05.1214:01:43-04'00' Digitally •fYb4d"0&1o"aky►cWt=tsQmonocounfl800 Angelica MalcoskY Data:2026.05.13 07:514signatne: OUB (email OMB@moaroemudy-fl,gov) Comments: RevLedROCC 11n2=2s Revised I l/I212025 911 P a g e �H Dash Door&Glass Quote Tel: (305)477-1104 wvmdatWoorcom Quote: 40878 "aaaaDG Date: 04/20/2026 A SS To: Monroe County Detention Center 14483 Project: Key Largo Tax Office 5501 College Rd 101463 Overseas Highway Attn: Public Works Key West FL 33040 Key Largo FL 33037 Attn: Nestor This quote is valid until: 05/20/2026 Submitted By: William Sprigg II Quantity Unit Description 1.00 Ea Continuous Hinge-Heavy Duty x 83"DU-Limited Frame Full Surface 1.00 Ea Sweep Neoprene X 36"-DKBRZ 6.00 Hr RATE-SERVICE-MANUAL-Regular Time Front Entry Door. -Furnish and replace/install item(s)listed for proper operation of manual door -Lead time is 3-5 days -One year warranty on items)listed -Remove failed door pivots and rehang door with a continuous hinge and add a door bottom sweep Please date and sign your acceptance below. Subtotal $965.00 05/13/2026 Sales Tax $0.00 Date: Order No.:Christine Hurley Qum Total $965.00 Digitally signed by Christine Hurley Signature 1 Date:2026.05.13 14:32:57-04'00' Print Name Christine Hurley MONROECWWYATMRNMoffCE APPROVED AS TO FOW Monroe County Administrator Print Title r A Page 1 of 1 Addendum Moinroe County Contract Terms and Conditions The Monroe County Board of County Commissioners inafter,`county")and,Dash-Door&Closer Service,Incorporated,dba Dash,Door&O (hereinafter,"Company"" agree as set forth below. The County and Company hereby enter into this Addendum to Quote #4 0 8 7 8 of Company and agree to the following: The County and Company hereby enter into this Addendum to modify any Agreement,Proposal/Quote or Estimate offered by the Contractor for the golods or services to be provided(helvinafter referred to as" Agreement'")and agrees to the following:Proposal in the Amount of$965.00 to provide materials and Labor to furnish and replace the continuous hinge and sweep neoprene for the door at the Monroe County Tax Office in Key Largo,Florida. The Agreement includes and incorporates the Quote and this Addendum,. To the extent that any terms conflict,the language as set forth in this Addendum shall supersede any otherterms,and shall be binding. The Agreement is a Public Record under Chapter 119,Florida Statutes.The parties agree to comply with Chapter 119,Florida Statutes. Payment will be made in accordance with the Local Goverurrient Prompt Paynvxd Act(Section 218.70, Florida Statutes).Payments e due and unpaidunder the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act. Company shall submit to the County invoices with Supporting documentation that are acceptable to the mice ofMomoe County Clerk ofCourt 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. 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. The County's indemnification is limited and subject to the sovereign immunity provisions of Section 768.29,Florida Statutes. This Agreement shall not exceed $100,000.00. Any automatic renewal is subject to this not to exceed amount of$100,000.00 tr %LorA The Company 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 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 ofthis Agreement. If an auditor employed by the County or the Clerk determines that monies paid to the Company pursuant to this Agreement were spent for purposes not authorized by this Agreement,the Company shall repay the monies together with interest calculated pursuant to Section 55.03,Florida Statutes,running from the date Jim In rn t to t1w antr int as�'s Xg-7w`c I I t�in�tnuty ohh sat+ems shall strictly li ke to the scope o �h a CtsalBy domed k flit,irwrtrtttig ptrt „proportionate to its contribution to any damages,and shall r nulQ and void In the event of: t1i)ally m3bsequent work performed by others at the same door opening(s)or within the same scope location;or L�� wner to maintain,inspect,and document such maintenance and inspections in accordance with AAADM(American Association of ufacturers)recommendations or any applicable governing industry standards. the monies were paid to the Corn e i w V u & n 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 petformed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of i Agreement, the C and Coin 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. Parties a in the eventany a of scion 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 patty,and shall include,attorneys 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. Npn,d a on 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 nondiscriminarlon.These include but are not limited to: 1) Title VH of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination on the basis of color or national origin;2)Title IX of the Education Amendment of 1972,as amended(20 USC as.1681- 1683, and 16854686), 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 as.6101-6107)which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 19n(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(P"L 91-u616),as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) TIM Public Health Service Act of 1912,as.523 and 527(42 USC ss.690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;S,)Title VM 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 tinu4 relating to nondiscrimination on the basis of disability; 10) Monme 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 gmt&pMpliagMThe Company tritist comply with Florida public records lam,including, but not limited.to,Chapter 11.9,Florida Statutes and Section 24 of Article I of the Constitution of Florida. The Comity and Companyshall allow and permit reasonable access to,and inspection of,all documents, records,papers, letters or other`public re "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 Company in coWuncdon with this coact and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by Company.Failure of the Company to abide by the terms of this provision shall be deemed a material breach of this contract and the County may 2 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 cols associated with that proceeding.This Provision shallsurviveany totmination or expiration of the contract.The Company is encouraged to consult with its advisors about.Florida public Records Law in order to comply with this provision. Ngp-MIXIr gL ImMgnftX. Notwitludanding the provisions of Section 768.28, Florida Statutes, the participation of the County and Company in this Agreement and the acquisition of any commercial liability insurance cove raga, self-insurance coverage, or local government liability insurance pool coverage shall not be demed 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. Ngp- .&Iknee IM plog.yAgfill, No person or entity shall be entitled to rely upon the terms,or any of them,of this Agreement to enfo=or attempt to enforce any third-patty claim or entitlement to or benefit of any service or progm contemplated hereunder,and the County and the Company agree that neither the County nor the Company or any agent,or,or employee of cithor 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,Wmior to,or superior to the community in general or for the purposes contemplated in this Agreement. MA tompal-LIMM No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,officer,agent or employee ofMonroe County in his or her individual capacity, and no member,officer,agent or employee ofMonme County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution ofthis Agreement ky2rIfX &M% In accordance with. Section 448.455, Florida Statutes, any Contractor and any subcontractor shall register with and shag utilize the U.S. Doputment of Homeland Security's system to vet the work authorization status of an new employm hired by the Company during the Corm of the Contract and shall expressly require any subcontractors performing work or providing services pursu:ant to the Contract to likewise utilize the U.S.Department of Homeland Security's&V'erify system to verify the work authorization status of all now 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. Company shall comply with and be subject to the provisions of Section 448.095,Florida Statutes. By signing this Agreement, the Company has swom or affirmed to the following requirementsas ad forth in the Public Entity Crime Statement,Ethics Statement Drug-Free Wor p Staternent, Vendor Certification Regarding Scrutinized Companies fist and Affidavit Attesting to Noncoercive Conduct for Labor or Services as set forth in more detail in this Agreement. is t» The Company certifies and agrees that no i t h e r the Company nor any Affiliate has been placed on the convicted vendor list_ in 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 contact to provide goods or services to a public entity y 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 wont as a contractor,supplier, 3 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 sty 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 Agreemcnt,the Company 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 revery of all monies paid hereunder and may result in debarment from the County's competitive procurement activities. In addition to the foregoing,the Company Auther represents that there been no determination,based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida. StatutM as a"public,entity crimelt it has notbeen formally charged with committing an act defined as a`public entitycrime'regardless of the amount of money involved or whether Company has been placed on the convicted vendor list. The Company 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 e e nix 91fiesil r ,By signing this Agreement,the Company warrants he/it not employed,retained or otherwise had act on his/her 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 County Code of Ordinances. 'trandor !gStfifisaft RoaYAMASEM1111-4Wi Company agrees and certifies compliance with the following: Section 287,1.35, 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 purxmtto Section 215,4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135,Florida Statutes, also prohibits a company that is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in this Iran"terrorism Lists which were created pursuant to Section 21 .473,Florida Statutes, or that is engaged in business operations in Cuba or Syria from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,0!00,000 or more. As the person authorized to sign on behalf of Company,I hereby certify that the company identified above 4 is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Prof of$1,000,000 or more is riot listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Fran Terrorism 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, rney's fees, or costs. I Awther understand that any contract with the County may be terminated,at the option ofthe County,if'the company is found to have submitted a false certification or has been placed on the Scrutinized panies 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. Note:The Lists are available at the following Department of Management Services Site: Andrat Non-Collusion Affi&vit Company by signing this Agreement,according to law on its oath,and under penalty of perjury,deposes and says that the person signing on behalf of the Company the bidder k" Proposal for the project described in the Scope of Work 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 forthe purpose ofrestricting 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 kaowingly 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 comet and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding ding ontracts for said project. Affidavit nc erciveQLqduSJJfgr Labor or Servic .The Company is required to state, under penalty of perjury,that the Company does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As defined in Subsection 787.06(2)(a),coercion means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening 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;ifthe 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 service are not respectively limited and reed; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported govemmerit identification document,of any person; 5 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, Florida Statutes to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of the Company,I certify under penalties of perjury that the Company does not use coercion for labor or services in accordance with Section 787.06.Additionally, the Company has reviewed Section 787.06,Florida Statutes,and agrees to abide by same. jUsuagge. Thc Company shall maintain the following required insurance throughout the entire term of this Agmaunt and any extensions. 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 any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for Company's failure to maintain the required insurance. Commercial General Liability Insurance with 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 and$50,000 property damage. The Monroe County BOCC shall be named as an Additional Insured as its interests may appear on all insurance policies issued to satisfy the above requirements.T c Company shall provide to the County as satisfactory evidence of the required insurance,including the insurance policy application and either: o Original Certificate of Insurance,OR * Certified copy of the actual insurance policy,OR Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management-Telephone Gaelan Jones at(305)292-3470 for details(Certificates can be e-mailed directly from the insurance agency to: Jones-Gaelan@Monroccounty- Fl.gov. An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerk's office. The Insurance policy must state that the Monroe County BOCC is the Certificate Holder and Additional Insured for this contract. Das Do rer Service,Incorporated,dba Dash,Door&Glass WNa0Ec"iYAnQMEY' 0MM S t , Titlerroau unr�w oss� c 04/29/2026 taAme, Date 6 i antsCE FINE OF LIIBIUW INSURANCE l= twM4dd4 44 I�M444t4414 41 IN to Ahr and b s of low OMWAUNaURM nw n*an A gt44 4adaa ad�w 4n41of 4A4L4b tM4411 4d44Q� M AW WWORC �tamt M004. 41M MAY � � AM x Y MOM owxawos M aoaus x : r y x AWAWC 41m�10dL 4Nd c l�+a ' . x = x MOM x M xr MAR PaIN1a14Y011y a�tM4a42aee aao114oM4 FshraTa � � � ,pp�* owryb► � et '�rr�9 � �t Ilena�4>e�dVM l�hro ao rinronlifwd6Yw4Ynaor��alllWflsPedki�A�YiAdNAo4104�. llulaiL1*1 00WAMN Mo rIMOL 3w 4 1CY ACORD 21 P4444AM The ACORD enu and logo Qa nglebNd Matt of ACORD AT,rAC11MENT D.5 C()LIN VY ADMINISTRAJOR CONTRACT SUMMARY FORM FOR COVFRACA"'S $100.000.00 and Under Contract With: Tarkett USA, Inc. Contract 4 061323 Upon notice to proceed Effective Date: ........ F'.xpiration Date: Upo.n compl!t,i?n Contract Purpose/Description: Rooring for the Marathon Prolessionat Buflding- Tarkeft USA, Inc, Sourcewell Contract#061323 -----------11111111.............. ... ___._1................ ................... ...................-- ---------- ............... .......____........ ............................... ................................. Contract is Ori ginal Agreement Contract A niendt-rient/Extens ion Renewal C'ontract Manager: William DeSantis 4307 desafts.-wMiam(grlionmer-ounty-fl gov (Name;) (F1'xt.) Email Address CON TRAGI COS IS Total Dollar Value 01*("'ontract: S 35,03431 Current Year Portion: S 35,034,31 -- --------------------- (must he S 100,000 m mess) Ot nwlo,ear agreement ffio jrquires BOCC approW al. Unless tile 'amw-C Y Budgeted? Yes Z No Grant: S COLlutly Ma1101: ix FLIMIXOSt Center/Spend Category 304-24028-00061 A D D H"10 N A L C0 STS Estimated Ongoing Costs- S /Y1 For-, N/A (Not included in dollar valt,leabc)ve (e,g, rnainteriance, tit i I it ies,j air itoria 1,salaries,etc.) Insurance Required: YES NO ...1 C 0 NTR A("F' R[�`,V I F,W Reviewer Depart rne titT)Cfi ce Director/ Silgnattlre: Wilham DeSanits ..... Assistant Director . .... Comm; Attorne,, Sk >gt by job,,pn 1,DN-o ,�Mlu,lre: Joseph X, DiNovo DW�1=6 M v5,150600 04U DQA,afty sg-J by Jadyr,F Wr Risk Management Signature.- Jaciyn Platt L71w 2026 05 95 tS 46:14.�W w Dllpd ally ,qll d by L a At me. Purchasing SiglMtUre: Lisa Abreu r�M.2026 05 t 9 10 44 Oa 04'00 (email contracts o monroecounty-11.go%) ODqAAfly iitpued by Ar�pljca Mak��ky OMB Signature- An Malcosky Corrvrnents: Reviied B()t'( 1112/2025 91 (3)Tarkleft Project# 987879 51812026 Chrissy Collins Monroe County RE: Flooring Proposal for: 987879 Monroe County-Marathon Professional Building 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 LVT MATERIALS Even Plane LVT 9.809.4-Minimal Wood Dark Grey 1,71 1.49 FT2 @ $ 4.00 $ 6,845.90 959 Adhesive,4 gal.pail 11.00 EA @ $ 167.97 $ 1,847.67 LABOR Install Primer 1,400.00 FT2 @ $ 1.12 $ 1,568.00 LVT/VET Installation 1,400.00 FT2 @ $ 4.26 $ 5,964.00 Major Floor Preparation(to include self-leveling)- Material Only (55s/f per 55#bag)(FT2) 1,400.00 FT2 @ $ 1.86 $ 2,604.00 Major Floor Preparation(to include self-leveling)- Labor Only (55s/f per 55#bag)(FT2) 1,400.00 FT2 @ $ 1.86 $ 2,604.00 Tarkett Transition Strips(Rubber/Vinyl)Furnish&Install 24.00 FT @ $ 5.19 $ 124.56 Planetary Grinder Usage Fee$/Day 1.00 EA @ $ 536.28 $ 536.28 Planetary Diamond Tooling-(Set of 9 Pucks) 1.00 FT2 @ $ 277.61 $ 277.61 Hourly Labor(for any service not otherwise listed on this price list) 25.00 HR @ $ 248.61 $ 6.215.25 Furnish 100%Solids Epoxy Moisture Control System-Material 1,400.00 FT2 @ $ 1.58 $ 2,212.00 Apply 100%Solids Epoxy Moisture Control System-Labor 1,400.00 FT2 @ $ 0.55 $ 770.00 Mileage Reimbursement 460.00 EA @ $ 1.06 $ 487.60 Hotel/Motel Food(Per Diem) 9.00 EA @ $ 73.72 $ 663.48 Hotel/Motel 9.00 EA @ $ 234.30 $ 2,108.70 S I Freight,External 1.00 EA @ $ 20526 $ 205.26 TOTAL $ 35,034.31 NOTES: 1. 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%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. EXCLi1SIONS(unless specifically included h$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 1 (3)Tarkleft Project# 987879 51812026 Carpet Cleaning Cleaning/Waxing of Resilient Border Carpet TERMS OF PAYMENT: (Suullypectto Clredh,Approval) N6.30 Days * All Materials and L abw...Payment due within terms of each invoice(materials will be invoiced upon Shipment,labor will be mvoiccd"pon 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 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 900/248-2878 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. Digitally signed by Christine Christine Hurley Sincerely, HUrle Date:2026.05.19 Y 09:52:28-04'00' au v tKa FLoWCYs Cynthia Flowers MONROE COUNTY ATTORN'EY'SOFFICE Account Coordinator APPROVED AS TO FORM Source One Department cv th a.flowCa)tark ttcomJOSEPH ' �STANT COUNTY t NTYAT"I`OIiNEY CRATE: 15.2026 2 *sent for update Dec 2025 Souircew6�� Contract # 061323 Tll�::U exip 8/9/2027 "TairIket Illlli Inc 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 Ads t (SuireSet) $811 27..91% $5.85 sjj:::: IN 51121191 Contour $7.73 31 M% $5.33 Ali:: N518360, Even Plane $9.24. 50.94.% SF1 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 "TairIke-tit Alliance Number 168"1 "19 rairl ' IllResifil N111:::)1N: SIP A Required Cot IR11131M now Sourceiiii Product DesciripUlon I Use Spread Rate Sitoe u0m Member Price Per UOM ........................................................... 133 155 Square Yards 4 Gallon Pail $127.76 0-1211:.1 Pressure Sensitive Adhesive V:lex Allire&IDessaa Orly 604734021 1596 1860 Square Yards 48 4 Galion Pails $121.38 C 11::IX Adhesilve--ethos 133 155 Square Yards 4 Gallon Pail $127,76 'Note:Lrdsting adhesive needs to be rernoved and the floor pil with C i If new 604734022 concrete has a high level of porosity,c,36L prInner Is suggested.i not use with I lex Aire banking. 1596 1860 Square Yards 48 4 Gallon Pails $12138 C GU I111MM AdheMve efl-ros 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 Modular&1:1ex Aire IMMnd1uular Only 144 Square,Yards per Roll for 24"x24" 604737028 Roll $15932 See I eci I for further con I rations. now 10.1 6E Adheslive 44 55 Square4 Gallon Pail $94.24 Yards 604734010 528 660 Square Yards 48 4 Gallon Pails $88.40 SOMEONE ;;;;I .....................I zi , I i i=fi It I 1 11111 Ill 19 Gireenbond Adliteslive 40 48 Square Yards 604734001 4?Gallon Pail $47.90 MEMO....................................... mizzm=-i No= Em No=IN= C 3611:::IPirVlrrner(Porous concrete floors must be primed) 133 177 Square Yards 604735013 4 Gallon Pail $64A0 G 56 IPrVlnmelr(Encapsulates[race amounts of old adhesive) 120 140 Square Yards 604735012 4 Gallon Pail $127.76 DO NO I W with Powell Cushion Searn Well(Not for sale in California) 800 Linear Feet 604735005 Cg f 16.66 Do riot use with Powerl ethos Cushion.Cleans with Seam Cleaner 77. C X11 Seal Weld(Poweirboil&Broadloom)(f a The sold in California) 400 Linear Feet 604735019 Q1 $21.16 sil SCAQll BAAQK4D,Water Based(Cleans with Water) Power Weld Seam Weld(Powerboil(I o be sold in California} 400 Linear Feet 604735024 Q1 $21.16 Were SCA011 RAA0,lVD(i with Acetone) Sel Cleani(Not for sale in California) 1,600 Linear Feet 604735007 Q1 $23.68 Do riot use with Powerbond ell Cushion �111 ^mIa m Em 11101111sil 1,400 1,600 Square Feel: 297038073 4,Gallon Pail $278.71 kApipireived for Gairiti 111)11 atiltude,11:::veirfl IM etalll:!dge 350 400'3quare Feet 2970381 Gallon Pail $73.81 959NM Vil'rile,and Plank Adhesive 150 175 Square Feet/gal(Formes) kApproved fell Conterl iill)II I Ill.vent,ll.ven Plane&MetaIllidge. 250 300 Square Feet/gal(Non porous) 21970881 4-Gallon Poll, Solvent free easy to apply adhesive 99611"1 Pain 11:::jpoxy AdIhiesive *Approved for Carl ill)ILatitudle,liEvent,ll:ven Io4arne,Ii Ii II..V1f& 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 Ifaalrt Urethane Adhesive 150 Square Feet 297038014 Gallon Pail $191.59 kAlplpiroved for Contol ill)ILatiitudle,11:.vent,11:.ven Ifallail INUQDIhU PVC II..V1f VivtdEdge, 3,00 Square Feet 297038020 2 Gallon Pail $344.23 C11::]VT1 2001 Wet Set Adhesive*Appiroved fair Vil 125 Square Feet per Gallon 25045B000 4 Gallon Pail $109.22 Fre,coini-needed adhesive for installation over porous subi'loor only C11::.!1N'i 2000 11:::jpoxy Adi-liesilve*Appiroved foir ill 120 130 Square Feet per Gallon 250451 4 Gallon Pail $69.99 Recommended adhesive for installation over porous subi'loor only I I '11"airki SuireStail Underlayrnent Roll Size:36 inches x 33.33 feet 500033006 Square Feet. $0,65 *Alplpiroved for Contiouil iD Latitude,&IEvernt Roll Size:54 inches x 44.4 feet 500033007 1 Square Feet $0,65 T.rki,tt USA,III,; 30000 Aurona?d Solon,0H 44139 Page 23 of 37 ®Tarkeatt -O -N N W M O Ifi O P.N W O o N O O � � �W ��N O � N O N N�O N M�O �O ��N W V N Q` W �Z O 3 m W N W 6�V N N W V N O W�O W N W N W N 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 A Q z y O O M— 7 C - - - —P 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 In O N O M N O O O O,to M N W V O .N N N a O N N M O O W O�N N�O C N N C d`d`N O�C C N M M O W W N W C N M W M N N N N W N 6 h OJ In W N (V C 6.6(V C O(V M(V M N^ N N M 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 lIl IIJ O M M N� M N O N 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 10 M III�M�y' _0 g z IIIIIIIIIIII� N N IA W M W O. � O N N O O O N N IA W M I()O C O C N M N O r W a N II� IA z M C�O O M W N N N N C N N O O•M M C M O N C M I() N N O C N M W�O M I1� O M r N N N N N N N-----N y N N N N O IIWMrstll'I IIIII o3ooa o��rim�l o�ri mri vio9 m-1 a .N N N N NCj a` N N d N N N N N N N N N N N N N N N N N 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 —— ——O\C—� MR.(h�FY�------------In---------------—-to to to .'. y NNN NNNNNNNN �C/1 II IIIIIIIIIIIIIIIRR Il m Iln IIII ^�llllln Q IIIIIII� MI�dY A�flW IIIII' •••• �q W W IO W V�D W N V N h O�O�O V N V N O O�N N�O I�M�O M�O V ��N W V h N M O I�IO n N I��O Itlf^�"�kCr W N II o� M Q � IIIIII C N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Cy'1 o 1 cl N W W o N ON O W-----o-a Ov --lr>- 11�_'' IIIII v M M M IIIIIIII i C F N �� m C N W P�N W d`O M N N N r-O�N N W W M O O N N O S C "^ P P, N M M•O�M N�O M C�O N O d`M C M In O N M C i!J O C YJ N M M ifl M O W M r O IkM ICI Fd IIIIIIIII Im IIII Z jU m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N IIIIII "I� Iliuil d W W V O Iq M N O IN M M-O W W N AI I� f d.— �� N.NW m M� h C N W M L NNNNNNNN NN^NN Nh NN NN N ... 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OC T d@ Q` 'O O U o 9 d Q A n v o• v it it c o wO c 0 N c'o'o N ZO ¢ o ; w y Q d U U LL ; v y aL v u o O O LL `p C c C U Y Y C7 LL >in o y w — LL v v v v , v 'y m Y a a m> c m a c m Y v a� v v m m c o a & ¢ y ?L y ` E m r'n c o Q E E •u a c o o 0 o v m v `6 cn y a v Q Y r . = c� o LL IiUv�N �� rc�in inmo .f I � a `o R � >, o •- d Q OO U o 3 K K a v v O d d d I `f G d'.fn'�'� m F y oo > w c v z Lf) y'�_.� vo Q p om o E o oa oz o o 0 0 0 w o o o 0 0A(VCnwLL Q LL LL LL w lL LL lL U' U U U U J(n, 2,LI...LL J U J Q O F Q co F U (U co f1 "u.A 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#987879 IN THE AMOUNT OF$35,034.13. 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 terminate 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 t h 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 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. 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 I m n1unity 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 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 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 tern 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 $100,000 bodily injury by Accident; $100,000 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 mana eg ment(amonroecounty-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 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 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/reportin . 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: http://www.dms.myflorida.com/business_operations/state purchasin vendor information/convicte d o.jsperrded_discrimina:tory coflrripllaivrt; _vendor lists 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. Co Mc o %w— Signature MONROE COUNTY ATTOMNEY°S OFFICE . APPROVED AS TO FORM President Commercial ,r Title -W°., ?.. c March 3 2026 �SiSTANT COUNTY ATTORNEY DATE: 3-03-2026 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,a 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 amountof the 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 peopled r Adrianna Rodriguez ories or sugars in them.It's good advice %JQ, 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 a 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 prc 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. eyed 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 r Gene therapy "They can stop the degeneration,but choos 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,0 rates and usually dies by age 3. / //� have led to a different outcome, Feld- that o The trial which USA TODAY wrote �"ii" ,, (' bor and Rokina said. The would ha to et , % l��r/� j g y p- g about in 2021 as part of a series on rare //',� � f i, pity have faced the risk of a brain hem- feel h i i%%„ // , diseases,offered them a different vision ,��' �� gig, , � , /� orrhage for the possibility of a better mistic of the future, even though the resultJ `�� f' outcome. wasif t what they dreamed of. , rl�I %�� / "If we could have changed anything, Deriv % "We are heartbroken but also we 1/U�„ � � ��,�� !�� 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� gressE ther said in a video conversation a week « Risk is a necessary Hei after her funeral. "Its hard to say,but itUr,,a part of progress geanc 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', 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 mourcm,vaU oQuestions OUnonmvered Bid Contact Jeremy Schwartz [View/Ask Questions] (218) 894'5488 rfp@sourceweU'mn.go, II:..:..!dIIIt 1113111d 202 12th Street NE [Create Addendum] | | P.O. BoxZl9 Staples, MIN 56479'0219 Description Sourcewe||, a State nfMinnesota local government unit and yarv|oo cooperative, is requesting proposals for Flooring Materials with Related Supplies and Services to result in a contracting solution for use by its Participating Entities. SourceweU 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 [hLLpa:�//pnoporta|.aamr(.�ev*eU-mm.gnv]. 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, o023 10'00:00 AvoCDT 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 3� II~II'rrirrr rr� :n irrrore bids Create coigi nt I o Ciur 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 .. 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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?.porta.V.soua.rcewOl-nnn.�„2y] 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 ( - ;¥ _ \ }FD , , 7 L�j� \ \ \ � \ \ / ~ � \ � ] /) -C \ !! k § 2/ rL kk } ƒ} \ � < \ / Sc w ) \ k kbjD § / - � ) ) _ I { \ E / \ I - § } \ $ ) _ § ; g e { 0 \ J / LU \ , \{) , \ {) ƒ j !{!/\ )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 W m Z 1 D rn z Requesting Board permission to Re-Solicit the following categories: y Flooring Materials with Related Supplies and Services 1 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" M 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" RingCentral,Inc. 120122-RNG "Unified Communication and Contact Center Solutions" m 9 Ln 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 M.4) 1(( )I !.l`,l l Y JIM1M1 I0)t"J1,J,', i PIJ1)('I P()L IC"1' :(4A]',J1„ ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Canon Financial Services Contract# NASPO-ACS FL 187646 Effective Date: 06/01/26 Expiration Date: 05/30/31 Contract Purpose/Description: Canon Copier Equipment 60 month lease Image RUNNER ADVANCE DX C3926i State Contract#44100000-24-NASPO-ACS FL 187646 Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Tammy Acevedo 8776 acevedo-tammy@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 8,545.80 Current Year Portion: $ 569.72 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the tr)W cuintnllative amount irs$W0,00.00 or loss) Budgeted?Yes No❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: 20503-SC_00050 ADDITIONAL COSTS Estimated Ongoing Costs: $ $300.21/yr For:Copier Meter Usage Charges (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: John Allen D,g°d'Ys,9° byJ AM- Date:2D26.0s.0]13.00:35-04'0D' Assistant Director Ana \A/?Itinr Digitally signed by Ana Walter County Attorney Signature: Date:2026.05.08 09:47:19-04'00' Risk Management Signature: Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.05.13 15:15:18-04'00' (email contracts Q�monroecounty-fl.gov) Digitally signed by Angelica Malcosky OMB Signature: Angelica Mal cosky Date:2026.05.1315:35:51-04'00' (email OMB@monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 Jrvi.6;r al 11/12/((2", 91 1' a S1494 of the keys, inc. OfficeYour i" g y Par leer Proposal for MC Parks and Beaches under State Contract# 44100000-24-NASPO-ACS FL 187646 Canon imageRUNNER ADVANCE DX C3926i Ships standard with 200-sheet Single Pass Duplexing Automatic Document Feeder, Envelope Feeder Attachment, 100-sheet stack bypass, 2 x 550-sheet Paper Cassettes, UFRII/PCL/PS Printing, Direct PDF/XPS Printing, Color Universal Send with PDF High Compression, Encrypted PDF, Digital Signature PDF (Device and User Signature), Trace and Smooth PDF, Searchable PDF/XPS, OOXML (Scan to PPT and Word), Universal Login Manager(Requires Download),uniFLOW Online Express, Access Management System, SSD Data Initialize, Data Encryption (FIPS-140-2), IP Sec, Encrypted Secure Print, Secure Watermark, Web Browser, 3.5GB RAM, 256GB SSD, Color Image Reader, Ethernet 1000Base-T/100Base-TX/10Base-T,USB 2.0/3.0 Connectivity, Wifi Connectivity, Remote Operator's Software Kit, Color Network ScanGear and Drum Units. For proximity card use, DX platform devices come standard with iC Card Reader Box. Any configuration requiring a Proximity Card Reader is an additional purchase. Location of Unit: Bernstein Park 6751 5th Street Stock Island,FL 33040 Pricing: 60 month state contract 44100000-24-NASPO-ACS FL 187646 at$142.43 per month for(1)- Canon imageRUNNER ADVANCE DX C3926i effective dates 06/01/2026- 05/30/2031. Options included in pricing: as listed in the attached CFS State Contract Equipment and Services Worksheet Service and Supply Agreement: Zero base maintenance program billed under state contract# 44100000-24-NASPO-ACS FL 187646 at rates of$0.0125 per B&W page and$0.0768 per color page. ➢ Includes delivery,setup,and connectivity Onsite customer training ➢ Toner replenishment ➢ Meter service provided through Canon Financial Services ➢ All local supplies,parts,and labor excluding paper and staples Average 2 hour response time to service priorities Please feel free to contact me with any questions at 305-783-8002 Thanks John Ribble ---------------------------------------------------------------------------------------------- Confidential—not to be shared or copied without the prior written consent of Sands of the Keys,Inc PAGE 1 OF 1 /� \ };\\\\\\////\\\\/ . } . . . . . . . . . . . . . . . . . \�\ \ �\\ \/\\\\\\\\\\\\\\\\\ITPIT _\ \ \\\\\\ \ \ \ \ \ \ \\ \\ ?! _ ! ;?!!I !� !» .z »V -M-E \\\///////\\\\///\ } /\/\\\\\// of & - ( � j ) Addendum Monroe County Contract Terms and Conditions The Monroe County Board of County Commissioners(herein after-County") and Canon Financial Services Inc. (herein after"Contractor") agree as set forth below. The County and Contractor hereby enter into this addendum to the attached Quote offered by CONTRACTOR for the 60 month FMV lease under NASPO,to be located at Bernstein Park, 67515',Key West,FL 33040. This Agreement includes and incorporates the Contractor's Quote,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 Agreeme`nt 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 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 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 a]. 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 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 Contractor. If the County terminates this Agreement,County shall pay Contractor the sure due for work performed prior to termination, unless the cost of completion of the remaining work under4he Agreement exceeds the funds remaining in the contract. 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. Each party to this Agreement or their authorized representatives, shall have reasonable and timely access I 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 16111 Judicial Circuit in and for Monroe County, Florida. This Agreement shall not be sul�ject 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 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 parties to, or the subject matter of,this Agreement. Effective January 1,2027, in accordance with F.S. 287.139,As a condition precedent to any award of a contract or grant by the County, the Contractor hereby certifies that the Contractor does not and will not use county funds in requiring its employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed using materials relating to diversity, equity, and inclusion as defined in F.S. 125.595(l). 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 pennit 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 2 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 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 H 9, Florida Statutes. Sovereign Imthunity 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 See, 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 Countys rights and immunities Linder 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: 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 SeCLII-ity'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 F-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 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following aconviction fora 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 tinder 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 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 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 cftermination of the contract or interest,the date of receipt of the grant or gift, and the name of the agent or control,ed entity that is the source or interest holder. If the disclosure requirement is applicable as described above,then within I 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(1),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 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. 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 i►ivitees 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: 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 4 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: • Commercial General Liability: Contractor's insurance policy shall cover, at a miniull.11-11, 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: $100,000/$500,000/$100,000 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. • General liability: $300,000 Combined Single Limit • Vehicle liability: $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage • or $100,000 Combined Single Limit • Monroe County must be listed as additional insured on General and Auto liability and the certificate holder should be Monroe County BOCC. 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 all 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 man 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 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 reply's on leases of real property to public entity, may not be 5 awarded or perform work as a contractor, supplier, subcontractor, Contractor or subcontractor under a contract with any public entity, and may no. transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the F.orida 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 .111 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 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. 0 10- 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. 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 tha-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 littp..5,-./,/.w.,w«,.,,.,.b.a,,fla,coni/ p g ......re I. 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: 6 biLtP-.�//)yw .-Linl—LinyfigEida.coiiilbLis,itiessc)ppj,�ltioiislstate pjir g1silig/ infJorniation/convicte " ................. ........ L�L!5p �!ded discijmlnalor� 'Conlrfla�ws ygn(Im, ��"I�s 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: 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 imi-nicration 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 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 CONTRACTOR, I certify under penalties of perjury that CONTRACTOR does not use coercion for labor or set-vices in accordance with Section 787.06. Additionally, CONTRACTOR has reviewed Section 787,06, Florida Statutes,and agrees to abide by same. Digitally signed by Christine Christine Hurley Date:2026.05 21 Z'5;� 01 Contracti,)r',. Hurley 10:20:25-04'0' MONROE COUNTY ATTORNEY ignAttire APPRO;" �-IU T'J-/�JV_J'Zf,�, 4r -4� Title l ASWANT couNTY ATTORNEY DATE. — 5/8/2026 Date 7 DMsion of State Purchasing 4050 Esplanade Way Tallahassee, Fl- 32399-0950 Department of MANAGEME,7N T1% 850-488-8440 SERVICESRon DeSantis, Governor We Serve J'hose Who Serve Florida Pedro Allende, Secretary PARTICIPATION IN NASPO VALUEPOINT MASTER AGREEMENTS BY PUBLIC ENTITIES IN THE STATE OF FLORIDA As the NASPO member from the State of Florida, the Florida Chief Procurement Officer has authorized NA PO ValuePoint to make NA O ValuePoint contracts available to all authorized public entities, except a public entity subject to the jurisdiction of a chief procurement officer (CPO) established in statute, rule, or law. Public entities subject to the jurisdiction of a CPO may participate in NA PO ValuePoint contracts as authorized by the CPO. The State of Florida has notified NA PO ValuePoint that each authorized public entity that is not subject to the jurisdiction of a CPO as identified above, including political subdivisions, has their own procurement authority. They may execute ValuePoint participating addendums with any current NASPO ValuePoint contractor provided the execution falls within the statutory procurement authority of the authorized public entity. Scanned copies of all executed participating addenclums are to be sent by email in PDF format to pa ff —naspovaluepoint.orq. This authorization may be rescinded at any time byte Florida CPO or their delegate. Questions regarding this notice may be sent to NA ValuePoint by email at info @naspovalue�oint�,or Effective Date: September 11, 2023 41" brand o n�Sp�,Kcer, Florida Chief Procurement Officer VB V� Contract Profile Florida - NASPO ValuePoint #187646 State Contract #44100000-24-NASPO-ACS Hybrid 2.0 Contract Model Purchase through CUSA Leasing through CFS(invoice as CUSA-"blind billing") Contract Title NASPO ValuePoint- Multi-Function Devices And Related Software, Services,And Cloud Solutions Effective Period December 15,2024-July 31, 2026 Number of Renewal Options Three(3) - One(1)Year Renewals -Florida State agencies -State universities&colleges,their boards of trustees,and board of governors Eligible Users -Political subdivisions including counties,cities,towns, villages and districts -School districts -Independent non-profit colleges/universities in FL accredited by the Southern Association of Colleges and Schools Agreement Type Multiple award i.e. Single Source/Multiple Award Other Contract Holders Please refer to NASPO contract website for updated contract holders for the State of Florida htt s://naspovaluepoint.org/partfolio/multi-function-devices-and-related-software-services-and-cloud-solutions/ r Group A—MFD,A3 Group B—MFD,A4 Group C—Production Equipment Group D—Single-function Printers Group E—Large/Wide Format Equipment Group F—Scanners Group G—Software Products Group H—Consumable Supplies Group I-Managed Print Services(MPS) Sub-Group G1 —Software Related Services Sub-Group C1 —Standalone Production Devices Sub-Group C2—Industrial Print Equipment Sub-Group D1 —Specialty Printers Accessories for Discontinued Base Units Maintenance Services for new, remanufactured, refurbished, and legacy devices Software/Third Party Solutions eCopy/uniFLOW/PRISMA/Netaphor/Therefore/IRIS and all associated software that goes with the product listed above. See Price Sheet. Open market items,or"Not Specifically Priced"(NSP)items can be sold to compliment or enhance the products/services being sold under the contract. NSP items may be offered to a Purchasing Entity as a stand-alone option. NSP items cannot include: i)Interactive White boards; ii)Computers, monitors,or other related items; Not Specifically Priced(NSP)Open iii)Fax machines; Market Items iv)Overhead Projectors;and v)Cameras. -15%off MSRP discount minimum -The maximum allowable amount of all NSP items in a single Order shall be determined by the Purchasing Entity. Customers may purchase remanufactured equipment but it must be priced according to the minimum discount offered Remanufactured Equipment for similar equipment in the applicable group.Quote to customer must specify that the equipment offered is remanufactured,and equipment must be labeled as such. No trial/demo shall exceed thirty(30)calendar days Trials/Demo equipment Trial/demo equipment may be new or used, however NO used, remanufactured, or refurbished devices shall be converted to a purchase or lease. Customers may purchase/lease showroom equipment at their own discretion and based on the following conditions: Showroom equipment 1)Group A/B devices do not exceed 10,000 copies total 2)Group C devices do not exceed 50,000 copies total 3)Device must be discounted AT LEAST 5%off master agreement pricing 4)PO must indicate device is a showroom model Warranty Without a maintenance plan-Standard product warranty applies With a maintenance plan- Maintenance starts day 1 and runs parallel to warranty Products will be added/removed over the course of the contract with approval from the NASPO Lead State(CO). Product Should a device become discontinued or inventory depleted,etc. please reach out to your TSEs for assistance and/or Substitutions/Discontinuations status of product approval. No substitutions of non-contract items are allowed. Dealer must facilitate the electronic wiping of Customer hard drives at the end of term at no additional cost. Hard Drive Erase/Destruction Additional security options such as HDD Replacement service may be offered at a cost that does not exceed Canon's published contract price. Purchase Acquisition Plan(s)- Straight lease Purchase/Lease/Rental/CPC FMV lease $1 Buyout lease(Title to transfer to customer at the end of lease w/no additional charge) Pricing Model Not to Exceed Pricing No Maintenance Agreement shall be subject to automatic renewals. Zero base CPC WITH supplies Zero base CPC WITHOUT supplies Maintenance Plan(s) Base+overage CPC WITH supplies Flat Monthly plans WITHOUT supplies Blended rates are now available for Service/Supply costs over a large equipment fleet 11x17 impressions may now be counted as two(2)clicks Legacy maintenance can now be offered on equipment that is owned/leased/rented through the previous#140595 contract or via any other means Legacy Maintenance Dealers may inspect equipment that did not have a maintenance plan or was previously serviced by another dealer and charge for parts and/or labor to bring the device up to acceptable maintenance levels. Devices at customer location<5 years-Pricing is determined by the applicable Group/Segment Devices at customer location>5 years-Pricing shall not exceed 120%of the applicable Group/Segment pricing Plans are available with-or-without supplies. Supplies-Toner/Staples/Paper Supply inclusive plans include OEM toner. Staples may be added for an additional uplift or purchased separately as needed. Paper must be purchased separately. Canon pays a 1.25%admin fee on all contract sales each quarter(.25% NASPO fee+ 1.0% Florida fee). Canon reserves the right to charge back dealers based on their sales&service under the contract. Under the 4187646 NASPO Agreement,Administrative Fees on Services may be defined as either"Life Cycle Service and Supplies"service spend, or"Usage Based Service and Supplies"service spend,depending on the type of Product sold. Canon intends to report a large majority of service as"Life Cycle Service and Supplies"spend. Rather than requiring Contract Fee/Frequency dealers to report individual devices'meter reads, instead the service will be estimated as a 1:1 ratio with the equipment price. Ex. a$5,000 MFP will be reported as a contract sale with$5,000 in service reported one time upfront. Canon will also report select products/services as"Usage Based Service and Supplies"spend.This will apply to certain items where clicks are required for reporting,or items with fixed service pricing. Some examples include: -All inclusive CPC programs -MPS programs&Professional services -Products where service is through eCarePAK rather than click charges(Printers/Scanners/LFP) r i a All purchase orders shall include: 1)Florida Statewide Contract Number: 44100000-24-NASPO-ACS 2)NASPO ValuePoint Contract Number: 187646 3)Customer contact&shipping info An Itemized list of the equipment sold w/detailed configuration as well as equipment/maintenance pricing Is necessary in order to verify contract compliance All Orders written out to: Canon U.S.A.,Inc. 4100 N. Fairfax Dr. Suite 200 Arlington VA,22203 Purchase Order Requirements Make sure the customer knows to Include the Servicing Dealer's name on the PO Purchase Remit Canon U.S.A.,Inc. PO Box 841023 Dallas,TX 75284-1023 Lease Remit(POs for lease should include this info) Canon U.S.&,Inc. 14904 Collections Center Dr. Chicago, IL 60693 Purchases sent to the Qmd government orders(@,cusa.canon.com for processing. All invoicing will be done either directly through CUSA or CFS (invoicing as CUSA) Remit Addresses will read as follows: Purchase w/Maintenance& Maintenance Only Canon U.S.A., Inc. PO Box 841023 Dallas,TX 75284 Lease w/Maintenance Invoicing/Billing Requirements Canon U.S.A., Inc. 14904 Collections Center Dr. Chicago, IL 60693 1)Contract Administrative Fees cannot be separate from Contract pricing on any Price List,quote,or order document. 2)Contract Adminstrative Fees cannot be a separate line item, or referenced in any way on customer invoices. 3)Customer Bill To Names must be the actual name provided in the customer Purchase Order instructions. Must be the name of the Purchasing Entity and not the name of the State Dealer may charge customers a re-stocking fee for any products that are not accepted. The amount of the fee shall be the lesser of 10%of the purchase price,or$200. Restocking Fee A restocking fee of 10 percent(10%)of the MSRP value shall be charged for all unused toner cartridges returned to Authorized Dealer, unless the returned cartridge is deemed defective Purchase Methods Accepted(PO, PO/P-card/etc. Credit Card Electronic Payment Term Net 30 Dealer must provide Canon with a report of sales and leasing under the NASPO ValuePoint State of Florida contract by the 5th day of the month for the previous month. Even if there have been no sales during the reporting quarter, dealer must still submit a report to indicate zero sales received. Such reports shall include all information required for Canon to comply with its reporting obligations to NASPO ValuePoint State of Florida under the Contract. Failure to comply may lead to chargebacks of credits that may have been provided under any available Canon programs for the NASPO ValuePoint State of Florida Contract, and/or reimbursement to Canon of any penalties charged to Canon and/or termination of this Agreement. Each of Canon and NASPO ValuePoint State of Florida shall have the right to Sales Reports audit Dealer's books and records to the same extent that NASPO ValuePoint State of Florida has the right under the Contract to audit Canon's books and records. Monthly reports must be sent directly to the Compliance team at BISO_DealerReport_Gout@cusa,canon,com. Canon will notify Dealer of any new reporting instructions related to the monthly reports or for website entry, if available. Dealer agrees to provide to Canon the required performance reporting on a monthly basis using the template supplied for this purpose by Canon to Dealer;such template may be revised by Canon from time to time. Please note the Admin Fee section above. Due to the change in how admin fees work under the new NASPO Master Agreement, reporting requirements have changed. 7777777777777 r r r CUSA Authorized Leasing Partner Canon Financial Services ONLY(CFS to invoice in CUSA's name) Except in the case of Non-appropriation of funds, leases are subject to an early termination charge. Cancellation Terms/Penalties The termination charge to the customer shall not exceed the balance of remaining lease payments and with respect to service/maintenance obligations, may not exceed four(4)months of the service and supply base charge or 25%of the remaining maintenance agreement term,whichever is less. ***THERE ARE NO AUTOMATIC RENEWALS ALLOWED UNDER NASPO 167646*** CFS/Dealer must notify the customer 60-90 days prior to the end of any initial lease term Straight Lease -Renew month to month OR 12-month basis -Return equipment End of Term Options FMV Lease -Purchase -Renew month to month OR 12-month basis -Return equipment $1 Buyout Lease -CFS to provide title to customer at the end of lease w/no additional charge Equipment Trade-In Dealers may negotiate existing equipment trade-in value with customers when placing a new purchase or lease order. Dealers may offer Customers the option to upgrade/downgrade equipment at any time throughout the term of a lease. Upgrade/Downgrade Terms Dealer and Customer to negotiate the price but at no time shall the cost of the upgrade/downgrade be less than the remaining stream of payments Straight Lease-No Customer Purchase within Term FMV Lease-Yes $1 Buyout Lease-Yes Customer Purchase at the end of Straight Lease- No Lease FMV Lease-Yes $1 Buyout Lease- N/A(Title to transfer to customer at the end of lease w/no additional charge) 'THERE ARE NO AUTOMATIC RENEWALS ALLOWED UNDER NASPO d#167646*** CFS/Dealer must notify the customer 60-90 days prior to the end of any initial lease term Lease renewal after lease term Straight Lease- Month to month or 12-month basis-each renewal period shall not exceed 12 months FMV Lease-Month to month or 12-month basis-each renewal period shall not exceed 12 months $1 Buyout Lease- N/A(Title to transfer to customer at the end of lease w/no additional charge) With respect to equipment leasing through CFS, upon expiration of the lease term or cancellation, Dealer shall notify and coordinate with CFS regarding any outstanding Purchasing Entity lease payments,the timing for equipment de- installation and shipment, or any other end-of-lease actions that are necessary. Dealer is responsible for the de- Equipment Return at EOL installation and shipping of such equipment to the location designated by CFS, including all associated costs. Dealer shall ensure that all hard drive data is cleansed and purged from the device prior to it leaving the customer's possession Risk of Loss ROL transfers from Contractor to the customer upon acceptance of equipment. Customers are expected to complete a Delivery&Acceptance form, however equipment is assumed to be accepted if not received within five(5)days. SERVICE PERFORMANCE REQUIREMENTS F.O.B. Destination Pricing includes shipping,delivery&installation Delivery&Install Excess installation requirements may be an additional charge. Charges must be quoted to the customer and based on actual expenditures. Examples include: -Rigging -Access alterations -Access to non-ground floors via stairs -Pricing includes On-site initial training (1-hour)for all non-desktop products Training -For drop-shipped/desktop products,training can be web-based -Additional/Advanced training may be an additional charge Dealer may provide an electronic method for providing periodic meter readings. They can also be submitted via online portal, email, fax,or through the device if available, and at the Purchasing Entity's request. Meter Collection Dealer may estimate meter reads if Purchasing Entity fails to submit the required info within the specified time frame. 11x17 impressions may now be counted as two(2)clicks Phone support Within two (2)hours of customer request Response Time On-site support Within 60 miles - 4-6 hours 60- 120 miles - 1-2 Business Days 120+miles (or only accessible by plane or boat) - 4-5 Business Days Service Performance Devices under 91 ppm - 96%uptime (Uptime/Downtime) Devices over 91ppm - 90%uptime All devices purchased or leased under this agreement that have maintained an uninterrupted maintenance agreement shall be subject to the'Lemon Clause'for 3 years from the date of acceptance. This clause shall be void if non-OEM supplies have been used without Canon authorization. Device Failure&Replacement Lemon Clause Any device that fails(except due to operator error)to function in accordance with the manufacturer's published performance specifications,four(4)times in any four(4)week period and/or is subject to recurring related problems, shall be replaced with a like-for-like(ie.similar usage, remaining useful life etc.)device that meets or exceeds the requirements of the original device,at no cost to the customer. With the exception of Group C, digital press production equipment and Group E,large format equipment, any device that's inoperable for two(2)business days due to equipment malfunction, as reasonably determined by the servicing Loaner Equipment dealer, is eligible for: 1)A dealer provided loaner device of similar speed and capabilities until the original device is repaired; or 2)Dealer provided off-site manned production,capable of accomplishing the work of the inoperable unit. Moves must be performed within 30 calendar days of the request Zone 1 (Within the same building)- No Charge allowed unless special rigging is required(special rigging price shall be agreed upon in writing by Dealer and Purchasing Entity prior to any Device relocation) Zone 2(Up to 50 miles)- Flat Fee plus per mile or hourly fee Relocation of Equipment Zone 3(More than 50 miles)- Flat Fee plus per mile or hourly fee Additional relocation charges may be charged for Group C and Sub-Group C1 and C2 Devices.The price shall be agreed upon in writing by Dealer and Purchasing Entity prior to any Device relocation See price list for more details Dealers are to maintain a service log for each machine serviced describing maintenance and repair services provided. Service/Usage Reports A no-cost copy of service logs/reports must be provided to the Customer and/or the Contract Administrator within five 5 workinp da s of request. CUSA Developed Website Canon U.S.A.. Florida Home DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD NA,,,, PE ip Va 1 unt NASPO ValuePoint Master Agreement Terms and Conditions For Multi-Function Devices and Related Software, Services and Cloud Solutions A Contract for the NASPO ValuePoint Cooperative Purchasing Program Acting by and through the State of Colorado (Lead State) Department of Personnel & Administration State Purchasing & Contracts Office 1525 Sherman Street, 5th Floor Denver, Co 80203 And Canon U.S.A., Inc. One Canon Park Melville, NY 11747 Master Agreement Number: _187646 RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 1 DocuSign Envelope ID: 1698EEI C-AF75-463A-BI 71-3737ECF7FEBD Contents MASTER AGREEMENT TERMS AND CONDITIONS.............................................................................3 I. Definitions ...............................................................................................................................3 II. Parties and Term of the Master Agreement ............................................................................7 111. Order of Precedence...............................................................................................................8 IV. Participants and Scope ...........................................................................................................8 V. NASPO ValuePoint Provisions..............................................................................................10 VI. Pricing, Payment & Leasing ..................................................................................................13 VII. Ordering ................................................................................................................................ 14 Vill. Shipping and Delivery ...........................................................................................................17 IX. Inspection and Acceptance ...................................................................................................18 X. Warranty................................................................................................................................ 19 XI. Equipment Title .....................................................................................................................20 XI1. Indemnification ......................................................................................................................21 XI11. Insurance ..............................................................................................................................22 XIV. General Provisions................................................................................................................24 SIGNATUREPAGE...............................................................................................................................30 EXHIBIT A— STATEMENT OF WORK..................................................................................................31 I. Product Overview..................................................................................................................31 II. Master Agreement Deliverables............................................................................................32 Ill. Purchase and Lease Programs.............................................................................................44 IV. Contractor Responsibilities and Tasks..................................................................................50 EXHIBIT B — SAMPLE D&A CERTIFICATE..........................................................................................59 EXHIBIT C — AUTHORIZED DEALER FORM.......................................................................................60 EXHIBIT D — AUTHORIZED DEALERS BY STATE..............................................................................61 EXHIBIT E — SAMPLE MPS STATEMENT OF WORK .........................................................................62 ATTACHMENT 1 — CANON LEASE AGREEMENT..............................................................................65 ATTACHMENT 2 — CANON MAINTENANCE AGREEMENT................................................................69 ATTACHMENT 3 — CANON SAMPLE MPS AGREEMENT TERMS AND CONDITIONS.....................72 ATTACHMENT 4 — CANON SAMPLE MPS CUSTOMER EXPECTATIONS DOCUMENT ..................75 ATTACHMENT 5 — CANON DIGITAL PRESS PRODUCTION AND LARGE FORMAT EQUIPMENT MASTER SERVICES AGREEMENT TERMS AND CONDITIONS .......................................................80 RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 2 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD MASTER AGREEMENT TERMS AND CONDITIONS I. Definitions 1.1 A3 MFD - A Multi-function Device which is designed to handle letter, legal, ledger and some smaller paper sizes, such as postcards and envelopes. 1.2 A4 MFD — A Multi-function Device which is designed to handle letter, legal and some smaller paper sizes, such as postcards and envelopes. Ledger size paper is NOT an option on this Device. 1.3 Acceptance - A written notice from a Purchasing Entity to Contractor advising Contractor that the Device has passed its Acceptance Testing. Acceptance of a Product for which Acceptance Testing is not required shall occur following the completion of delivery, installation, if required, and a reasonable time for inspection of the Product, unless the Purchasing Entity provides a written notice of rejection to Contractor, as set forth in Section IX of this Master Agreement. 1.4 Accessory — A compatible item that is added to the Base Unit to enhance its capabilities and functions. 1.5 Attachment — Contractor's Supplemental Documents which consist of the following: 1.5.1 Attachment 1 — Canon Lease Agreement 1.5.2 Attachment 2 — Canon Maintenance Agreement 1.5.3 Attachment 3 — Canon Sample MPS Agreement Terms and Conditions 1.5.4 Attachment 4 — Canon Sample MPS Customer Expectations Document 1.5.5 Attachment 5 — Canon Digital Press Production and Large Format Equipment Master Services Agreement Terms and Conditions 1.6 Authorized Dealer—The Manufacturer's authorized sales and Service center (also known as a Dealer, Distributor, or Partner) that must be certified by the Manufacturer to sell the Manufacturer's Products, and perform machine installation and maintenance on Devices offered by the Manufacturer. A Purchasing Entity must be able to, at a minimum, visit the sales and service center to view and test Device. 1.7 Base Unit - The copier, printer, Scanner, Large/Wide Format and Production Devices that include all standard Accessories and parts and excludes optional Accessories and/or software. 1.8 Blended Rate - A rate that is derived by taking the b&w and color cost per click rates on one or more Devices and calculating one rate that a customer will be billed for all copies, regardless of Device type and b&w or color output. Allows for simplicity when billing copies run. 1.9 Bronze Standard - Devices which meet less than 50% of the 28 optional EPEAT criteria. 1.10 Business Day— Any day other than Saturday, Sunday, or a legal holiday. 1.11 Buyout to Keep - The early termination option on an FMV or Capital Lease that involves the acquisition of the Device by the Purchasing Entity, and consists of any current and past due amount, plus the remaining stream of Device Payments. 1.12 Buyout to Return - The early termination option on an FMV, Capital or Straight Lease that involves the return of the Device by the Purchasing Entity to Contractor, in good working RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 3 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD condition (ordinary wear and tear excepted), and consists of any current and past due amounts, plus the remaining stream of Device Payments. 1.13 Capital Lease - For the purposes of this Master Agreement, a Capital Lease shall also be referred to as a $1 Buyout Lease and title of the Device will automatically pass from the Contractor to the Purchasing Entity at the end of the Initial Lease Term, and the Purchasing Entity will not be subject to additional payments in order to assume ownership. However, it will be at the discretion of the Participating State or Entity as to whether other criteria will also be considered, such as a bargain purchase option, a lease term longer than 75% of the estimated economic life of the Device, or the present value of the lease payments is greater than 90% of the fair market value of the Device at the beginning of the Initial Lease Term, or any other legal requirements relating to a Capital Lease. 1.14 Ceiling Pricing - Pricing that is established as a "not-to-exceed" amount; the maximum price Contractor may charge for Products, Services, and Supplies. 1.15 Contractor - A party to this Master Agreement, whether a person or entity, that delivers goods or performs services under the terms set forth in this Master Agreement. 1.16 Coterminous - Two or more leases that end at the same time. The original lease payment is modified to reflect the addition of a new Device or Accessory. The original term of the lease is not modified as a result of a Coterminous addition. 1.17 Deliverable -A Product, Service, solution, result, labor, or other effort being sought through this RFP. 1.18 Device - The Base Unit, either with or without optional Accessories and/or software. May also be referred to as "Equipment." 1.19 Device Downtime - The period of time that a Device is not operational and is waiting for Service to be completed. 1.20 Device Payment - The Device portion of the payment, less any Service, Supplies, and maintenance. 1.21 Device Trade-In - An agreed upon transaction between the Purchasing Entity and Contractor, in which Contractor takes ownership of Purchasing Entity's owned Device, often for a discounted amount. 1.22 Device Upgrade or Downgrade-A replacement of the Purchasing Entity's existing leased Device, with a different Device, of either greater or lesser value. A new lease is then originated for the new Device, with the remaining lease payments on the old Device wrapped into it. The old lease is closed out, and the Device is returned to Contractor. 1.23 Electronic Product Environmental Assessment Tool (EPEAT) - A tool which evaluates and selects Device according to a list of preferred environmental attributes. EPEAT registered means Devices meet the 1680.2 IEEE Standard for Environmental Assessment of Imaging Device, as amended. 1.24 Embedded Software - One or more software applications which permanently reside on a computing Device. 1.25 Energy Star - The U.S. Environmental Protection Agency's standard for energy efficiency. 1.26 Fair Market Value (FMV) Lease - A lease in which the Purchasing Entity can either 1) Take title to the Device at the end of the Initial Lease Term by paying the residual value to Contractor, 2) Enter into a Renewal Term for the Device, or 3) Return the Device to Contractor at the end of the Initial Lease Term. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 4 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 1.27 Free on Board (FOB) Destination - Contractor is responsible for transportation and handling charges and the sale does not occur until the Products arrive at the Purchasing Entity's specified location. 1.28 Group - The classification for the different types of Devices solicited in this RFP. Groups are determined by the Devices primary functions and/or capabilities. 1.29 Initial Lease Term - The length of time (i.e. 12, 18, 24, 36, 48, or 60 months) that a Purchasing Entity enters into a lease agreement. 1.30 Intellectual Property - Any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein. 1.31 Large/Wide Format Equipment - A Device that prints on a large paper via a variety of output options. 1.32 Lead State - The State centrally administering any resulting Master Agreement(s) who is a party to this Master Agreement. 1.33 Legacy Device — A Device that was purchased, leased, or rented either under a prior NASPO ValuePoint or WSCA Master Agreement, another program, or via any other means. 1.34 Maintenance Agreement - An agreement in which the Contractor provides monthly Service, parts, Supplies, and Preventative Maintenance on purchased, leased or rented Devices. 1.35 Managed Print Services (MPS) - The management, service, and support of the Purchasing Entity's entire enterprise and output infrastructure of printed materials, with the objective of creating a solution that improves the print process and reduces the expense of printed material. 1.36 Manufacturer-A company that, as its primary business function, designs, assembles, and owns the trademark/patent and markets a Device. Also referred to as Contractor. 1.37 Manufacturer's Suggested Retail Price (MSRP) - The list price or recommended retail price of a Product in which the Manufacturer recommends that the retailer sell the Product. 1.38 Master Agreement - The underlying agreement executed by and between the Lead State, acting in cooperation with NASPO ValuePoint, and the Contractor, as now or hereafter amended. 1.39 Multi-function Device (MFD) - A Device which incorporates the functionality of multiple Devices into one, such as print, fax, copy and scan. Each feature can work independently of the other. 1.40 NASPO ValuePoint - A division of the National Association of State Procurement Officials ("NASPO"), a 501(c)(3) corporation. NASPO ValuePoint facilitates administration of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. NASPO ValuePoint is identified in the Master Agreement as the recipient of reports and may perform contract administration functions relating to collecting and receiving reports, as well as other contract administration functions as assigned by the Lead State. 1.41 Newly Manufactured - Devices that have not been Refurbished, Remanufactured, rented, leased, sold, or used in a demonstration, and are currently being marketed by the Manufacturer. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 5 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 1.42 Normal Business Hours— Defined as the hours between 8AM and 5PM, Monday through Friday, holidays excluded. 1.43 Not Specifically Priced (NSP) - NSP items enhance or compliment the Device but are not listed in the Master Agreement Price List(s). NSP's may include Coin-Op equipment, empowering software etc. 1.44 OEM — The Original Equipment Manufacturer. 1.45 Order - Any type of encumbrance document or commitment voucher, including, but not limited to, a purchase order, contract, MPS statement of work, Maintenance Agreement, lease agreement, etc. used by a Purchasing Entity to order the Products and Services. 1.46 Participating Addendum — A bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any additional Participating Entity-specific language or other requirements (e.g., ordering procedures specific to the Participating Entity, entity-specific terms and conditions, etc.). 1.47 Participating Entity - A state (as well as the District of Columbia and US territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states properly authorized to enter into a Participating Addendum, that has executed a Participating Addendum. 1.48 Participating State - A state that has executed a Participating Addendum or has indicated an intent to execute a Participating Addendum. 1.49 Power Filter - An electronic filter which is placed between an external power line and a Device for the purpose of removing frequencies or electromagnetic interference. 1.50 Preventative Maintenance - The servicing of a Device for the purpose of maintaining a satisfactory operating condition by providing systematic inspection, detection, and correction of failures either before they occur or before they develop into major defects. 1.51 Private Label - Devices that are manufactured by one company and sold under a retailer's brand name. 1.52 Production Device-A high-speed, high-quality printing Device that typically has advanced finishing functionality. 1.53 Product — Devices, Accessories, parts, software, and/or Supplies provided by Contractor pursuant to the Master Agreement. 1.54 Published Price— The price that is posted on the Manufacturer's website or in their pricing literature (e.g. not the Master Agreement contract price). 1.55 Purchasing Entity - A state (as well as the District of Columbia and US territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase. 1.56 Refurbished - A Device which has received extensive maintenance and/or minor repair, including the replacement of all standard parts subject to wear during the normal course of use. For the purpose of this RFP and resulting Master Agreement(s), Refurbished Device shall not have more than 750,000 original copies on it. In addition, Refurbished Device must only contain OEM parts. Refurbished Device must be certified by the Manufacturer. 1.57 Remanufactured - The process of disassembling Devices known to be worn or defective that can be reused or brought up to OEM specification by cleaning, repairing or replacing it in a manufacturing environment and then reassembling and testing it, so that it will RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 6 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD operate like a new Device. Remanufactured Device must be certified by the Manufacturer. 1.58 Renewal Term - A lease term that supersedes the Initial Lease Term, and which a Purchasing Entity may enter into upon thirty (30) days prior written notice to Contractor. Each Renewal Term shall not exceed 12 months, the residual value of the Device, or the Useful Life of the Device. Capital Leases are excluded from going into renewal. 1.59 Response Time - The time from when the original Service Call is placed with the Contractor or Authorized Dealer, to when the Service technician arrives at the Purchasing Entity's location. 1.60 Scanner - A Device that scans documents and converts it into digital data. 1.61 Segment - The various speeds that Devices are categorized by. 1.62 Services — The labor required to be performed by Contractor pursuant to the Master Agreement or an Order. Services may include, but are not limited to, maintenance, MPS and software installation. 1.63 Service Base Location - The place of business where the Contractor or Authorized Dealer stores parts and provides training for service technicians. 1.64 Service Call - An on-site Service technician visit due to Device error or malfunction. 1.65 Single-function Printer - An inkjet or laser Device that only prints and is not capable of other functions such as copying, faxing or scanning. 1.66 Straight Lease - A type of agreement in which ownership is not an option and the Total Monthly Payment amount remains firm throughout the Initial Term. 1.67 Supplemental Documents — With the exception of software, end-user and click-wrap agreements, Contractor's Supplemental Documents are the only authorized documents under this Master Agreement and are attached hereto as Attachments. 1.68 Supplies - Consumable items that gets used up or are discarded once used, such as ink cartridges. 1.69 Third Party — A person or entity that may be directly involved, but is not a principal to an arrangement, contract, deal, lawsuit, or transaction. 1.70 Total Monthly Payment - The Device portion of the payment, as well as any Service, Supplies or maintenance, and less any applicable taxes. 1.71 Useful Life - Period during which a Device is expected to be usable for the purpose in which it was manufactured. II. Parties and Term of the Master Agreement 2.1 Parties. This Master Agreement is entered into by and between the State of Colorado, acting by and through the Department of Personnel & Administration, State Purchasing & Contracts Office (hereinafter called the "Lead State"), and Canon U.S.A., Inc. (hereinafter called "Contractor"), for the procurement of A3 MFD's, A4 MFD's, Production Equipment, Single-function Printers, Large/Wide Format Equipment, Scanners, Software, Consumable Supplies, Managed Print Services, Software Related Services (including cloud-based offerings and web-based fleet management tools), Standalone Production Devices, Industrial Print Equipment, and Specialty Printers as approved per this Master Agreement, for the benefit of Participating States, Entity's, and Purchasing Entities. The Contractor and the Lead State agree to the terms and conditions contained herein. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 7 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 2.2 Initial Term. The initial term of this Master Agreement is for two (2) years, with an effective date of August 1, 2024. The term of this Master Agreement may be amended beyond the initial term for up to three (3) consecutive one (1) year additional terms, upon the mutual agreement of the Lead State and Contractor, by written Amendment. The total duration of the Master Agreement, including any extensions, shall not exceed five (5) years. 2.3 Amendment Limitations. The terms of this Master Agreement will not be waived, altered, modified, supplemented, or amended in any manner whatsoever without prior written agreement of the Lead State and Contractor. III. Order of Precedence 3.1 Order. This Master Agreement will consist of the following documents: 3.1.1 A Participating Entity's Participating Addendum ("PA"); 3.1.2 NASPO ValuePoint Master Agreement, including all Exhibits; 3.1.3 An Order issued against the Master Agreement; 3.1.4 The Solicitation, RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions; 3.1.5 Contractor's response to the Solicitation, as revised (if permitted) and accepted by the Lead State; and 3.1.6 Contractor's Supplemental Documents, which are included as Attachments. 3.2 Conflict. These documents will be read to be consistent and complementary. Any conflict among these documents will be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. 3.3 Participating Addenda. Participating Addenda will not be construed to diminish, modify, or otherwise derogate any provisions in this Master Agreement between the Lead State and Contractor. Participating Addenda will not include a term of agreement that exceeds the term of the Master Agreement, nor will it include Products and Services not awarded under the Master Agreement. IV. Participants and Scope 4.1 Requirement for a Participating Addendum. Contractor may not deliver Products under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. 4.2 Applicability of Master Agreement. NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented or amended by a Participating Addendum, subject to Section III. For the purposes of illustration and not limitation, this authority may apply to unique delivery and invoicing requirements, confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 8 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD Entity and Contractor, may be included in the ordering document (e.g., purchase order or contract) used by the Purchasing Entity to place the Order. 4.3 Authorized Use. Use of specific NASPO ValuePoint Master Agreements by state agencies, political subdivisions and other Participating Entities is subject to applicable state law and the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. 4.4 Obligated Entities. Obligations under this Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. States or other entities permitted to participate may use an informal competitive process to determine which Master Agreements to participate in through execution of a Participating Addendum. Participating Entities incur no financial obligations on behalf of other Purchasing Entities. 4.5 Notice of Participating Addendum. Contractor shall email a fully executed PDF copy of each Participating Addendum to a naspovaluepoint.or to support documentation of participation and posting in appropriate databases. 4.6 Eligibility for a Participating Addendum. Eligible entities who are not states may under some circumstances sign their own Participating Addendum, subject to the consent of the Chief Procurement Official of the state where the entity is located. Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists; the entity must ensure that they have the requisite procurement authority to execute a Participating Addendum. 4.7 Prohibition on Resale. Subject to any specific conditions included in the solicitation or Contractor's proposal as accepted by the Lead State, or as explicitly permitted in a Participating Addendum, Purchasing Entities may not resell Products purchased under this Master Agreement. Absent any such condition or explicit permission, this limitation does not prohibit: payments by employees of a Purchasing Entity for Products; sales of Products to the general public as surplus property; and fees associated with inventory transactions with other governmental or nonprofit entities and consistent with a Purchasing Entity's laws and regulations. Any sale or transfer permitted by this subsection must be consistent with license rights granted for use of intellectual property. 4.8 Individual Customers. Except as may otherwise be agreed to by the Purchasing Entity and Contractor, each Purchasing Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement and as the Participating Entity has in the Participating Addendum, including but not limited to any indemnity or right to recover any costs as such right is defined in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entity individually. 4.9 Release of Information. Throughout the duration of this Master Agreement, Contractor must secure from the Lead State prior approval for the release of information that pertains to the potential work or activities covered by the Master Agreement. This limitation does not preclude publication about the award of the Master Agreement or marketing activities consistent with any proposed and accepted marketing plan. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 9 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 4.10 No Representations. The Contractor shall not make any representations of NASPO ValuePoint, the Lead State, any Participating Entity, or any Purchasing Entity's opinion or position as to the quality or effectiveness of the services that are the subject of this Master Agreement without prior written consent. V. NASPO ValuePoint Provisions 5.1 Applicability. NASPO ValuePoint is not a party to the Master Agreement. The terms set forth in Section V are for the benefit of NASPO ValuePoint as a third-party beneficiary of this Master Agreement. 5.2 Administrative Fees 5.2.1 NASPO ValuePoint Fee. Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee must be submitted quarterly and is based on all sales of products and services under the Master Agreement (less any charges for taxes or shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with a vendor's response to the Lead State's solicitation. 5.2.1.1 Contractor will report on all Usage Based Equipment sales, and on Usage Based or Life Cycle Service and Supply sales. This method will no longer require the Contractor to capture the actual Service and Supply revenues that are billed to the customer each month. 5.2.1.2 Industry research has shown close to a 1:1 ratio between sales price on a piece of Equipment and the actual amount of Service and Supply costs required to operate that Equipment over its Useful Life. Therefore, to simplify the reporting process and remove the burden to capture the actual Service and Supply costs, the Contractor may report as follows: 5.2.1.2.1 Purchased Equipment: Contractor shall report the actual amount invoiced (less any taxes) for all Equipment sold under the reporting period (calendar quarter). In addition, the Contractor shall report an additional amount equal to the invoice amount and identified as "Life Cycle Service and Supplies," or an actual amount and identified as "Usage Based Service and Supplies," providing the customer elects to enter into a Maintenance Agreement. Thus, in the Contractor's Detailed Sales Report, for each item sold, there will be two-line items: one for the piece of Equipment, and one for the Life Cycle or Usage Based Service and Supplies. The amount reflected for the Life Cycle Service and Supplies must be equal to the amount of the Equipment. 5.2.1.2.2 Leased Equipment: Contractor may report sales according to the Purchased Equipment methodology described above, or they may report the actual amount invoiced (less any taxes) for the lease during the reporting period (calendar quarter). In addition, the Contractor shall report an additional amount equal to the invoice amount and identified as "Life Cycle Service and Supplies," or an actual amount and identified as "Usage Based RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 10 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD Service and Supplies." Thus, in the Contractor's Detailed Sales Report, for each item leased or rented, there will be two-line items: one for the invoice amount to the customer for the Equipment, and one for the Life Cycle or Usage Based Service and Supplies. The amount reflected for the Life Cycle Service and Supplies must be equal to the amount of the invoiced Equipment. 5.2.2 State Imposed Fees. Some states may require an additional fee be paid by Contractor directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee rate or amount, payment method, and schedule for such reports and payments will be incorporated into the applicable Participating Addendum. Unless agreed to in writing by the state, Contractor may not adjust the Master Agreement pricing to include the state fee for purchases made by Purchasing Entities within the jurisdiction of the state. No such agreement will affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 5.3 NASPO ValuePoint Summary and Detailed Usage Reports 5.3.1 Sales Data Reporting. In accordance with this section, Contractor shall report to NASPO ValuePoint all Orders under this Master Agreement for which Contractor has invoiced the ordering entity or individual, including Orders invoiced to Participating Entity or Purchasing Entity employees for personal use if such use is permitted by this Master Agreement and the applicable Participating Addendum ("Sales Data"). Timely and complete reporting of Sales Data is a material requirement of this Master Agreement. Reporting requirements, including those related to the format, contents, frequency, or delivery of reports, may be updated by NASPO ValuePoint with reasonable notice to Contractor and without amendment to this Master Agreement. NASPO ValuePoint shall have exclusive ownership of any media on which reports are submitted and shall have a perpetual, irrevocable, non-exclusive, royalty free, and transferable right to display, modify, copy, and otherwise use reports, data, and information provided under this section. 5.3.2 Summary Sales Data. "Summary Sales Data" is Sales Data reported as cumulative totals by state. Contractor shall, using the reporting tool or template provided by NASPO ValuePoint, report Summary Sales Data to NASPO ValuePoint for each calendar quarter no later than thirty(30) days following the end of the quarter. If Contractor has no reportable Sales Data for the quarter, Contractor shall submit a zero-sales report. 5.3.3 Detailed Sales Data. "Detailed Sales Data" is Sales Data that includes for each Order all information required by the Solicitation or by NASPO ValuePoint, including customer information, Order information, and line-item details. Contractor shall, using the reporting tool or template provided by NASPO ValuePoint, report Detailed Sales Data to NASPO ValuePoint for each calendar quarter no later than thirty (30) days following the end of the quarter. Detailed Sales Data shall be reported in the format provided in the Solicitation or provided by NASPO ValuePoint. The total sales volume of reported Detailed Sales Data shall be consistent with the total sales volume of reported Summary Sales Data. 5.3.4 Sales Data Crosswalks. Upon request by NASPO ValuePoint, Contractor shall provide to NASPO ValuePoint tables of customer and Product information and RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 11 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD specific attributes thereof for the purpose of standardizing and analyzing reported Sales Data ("Crosswalks"). Customer Crosswalks must include a list of existing and potential Purchasing Entities and identify for each the appropriate customer type as defined by NASPO ValuePoint. Product Crosswalks must include Contractor's part number or SKU for each Product in Contractor's catalog and identify for each the appropriate Master Agreement category (and subcategory, if applicable), manufacturer part number, product description, eight-digit UNSPSC Class Level commodity code, and (if applicable) EPEAT value and Energy Star rating. Crosswalk requirements and fields may be updated by NASPO ValuePoint with reasonable notice to Contractor and without amendment to this Master Agreement. Contractor shall work in good faith with NASPO ValuePoint to keep Crosswalks updated as Contractor's customer lists and product catalog change. 5.3.5 Executive Summary. Contractor shall, upon request by NASPO ValuePoint, provide NASPO ValuePoint with an executive summary that includes but is not limited to a list of states with an active Participating Addendum, states with which Contractor is in negotiations, and any Participating Addendum roll-out or implementation activities and issues. NASPO ValuePoint and Contractor will determine the format and content of the executive summary. 5.4 NASPO ValuePoint Cooperative Program Marketing, Training, and Performance Review 5.4.1 Staff Education. Contractor shall work cooperatively with NASPO ValuePoint personnel. Contractor shall present plans to NASPO ValuePoint for the education of Contractor's contract administrator(s) and sales/marketing workforce regarding the Master Agreement contract, including the competitive nature of NASPO ValuePoint procurements, the master agreement and participating addendum process, and the manner in which eligible entities can participate in the Master Agreement. 5.4.2 Onboarding Plan. Upon request by NASPO ValuePoint, Contractor shall, as Participating Addendums are executed, provide plans to launch the program for the Participating Entity. Plans will include time frames to launch the agreement and confirmation that the Contractor's website has been updated to properly reflect the scope and terms of the Master Agreement as available to the Participating Entity and eligible Purchasing Entities. 5.4.3 Annual Contract Performance Review. Contractor shall participate in an annual contract performance review with the Lead State and NASPO ValuePoint, which may at the discretion of the Lead State be held in person and which may include a discussion of marketing action plans, target strategies, marketing materials, Contractor reporting, and timeliness of payment of administration fees. 5.4.4 Use of NASPO ValuePoint Logo. The NASPO ValuePoint logos may not be used by Contractor in sales and marketing until a separate logo use agreement is executed with NASPO ValuePoint. 5.4.5 Most Favored Customer. Contractor shall, within thirty (30) days of their effective date, notify the Lead State and NASPO ValuePoint of any contractual most- favored-customer provisions in third-party contracts or agreements that may affect the promotion of this Master Agreement or whose terms provide for adjustments to future rates or pricing based on rates, pricing in, or Orders from this Master Agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 12 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD shall provide a copy of any such provisions. 5.5 Cancellation. In consultation with NASPO ValuePoint, the Lead State may, in its discretion, cancel the Master Agreement or not exercise an option to renew, when utilization of Contractor's Master Agreement does not warrant further administration of the Master Agreement. The Lead State may also exercise its right to not renew the Master Agreement if the Contractor fails to record or report revenue for three consecutive quarters, upon 60- calendar day written notice to the Contractor. Cancellation based on nonuse or under- utilization will not occur sooner than [two years] after execution of the Master Agreement. This subsection does not limit the discretionary right of either the Lead State or Contractor to cancel the Master Agreement or terminate for default subject to the terms herein. This subsection also does not limit any right of the Lead State to cancel the Master Agreement under applicable laws. 5.6 Canadian Participation. Subject to the approval of Contractor, any Canadian provincial government or provincially funded entity in Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, or Saskatchewan, and territorial government or territorial government funded entity in the Northwest Territories, Nunavut, or Yukon, including municipalities, universities, community colleges, school boards, health authorities, housing authorities, agencies, boards, commissions, and crown corporations, may be eligible to use Contractor's Master Agreement. 5.7 Additional Agreement with NASPO. Upon request by NASPO ValuePoint, awarded Contractor shall enter into a direct contractual relationship with NASPO ValuePoint related to Contractor's obligations to NASPO ValuePoint under the terms of the Master Agreement, the terms of which shall be the same or similar (and not less favorable) than the terms set forth in the Master Agreement. VI. Pricing, Payment & Leasing 6.1 Pricing. The prices contained in this Master Agreement or offered under this Master Agreement represent the not-to-exceed ("ceiling") price to any Purchasing Entity. 6.1.1 MSRP/List Price discount percentages must be guaranteed throughout the term of the Master Agreement, including any renewal terms, however; Contractor may increase its discount percentage at any time. The Lead State must be notified of any such discount percentage increase, and provided with a copy of the new Price List(s). 6.1.2 With the exception of Group C and Sub-Group C1 and C2 Devices, pricing must include all shipping, delivery, and installation costs associated with the Products. Excess installation charges however, may be billable. Refer to section IV.E.5 of Exhibit A, Statement of Work, for more information. 6.1.3 Price Lists received after the 1 st day of the new quarter may not be approved for up to thirty (30) days following submission. In addition, errors in Contractor Price Lists may delay the approval process further. 6.1.4 Contractor may update their lease rates once per quarter by providing the Lead State with documentation regarding said rate changes. Updates to lease rates will not be permitted until 8/1/2025. 6.1.5 Pricing shall remain firm during the first twelve (12) months of the Master Agreement (e.g. 8/1/2024 — 7/31/2025). Contractor may then update their pricing RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 13 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD once per calendar year. All requested price increases must be sent to the Lead State and include documentation from Contractor which provides a detailed explanation for the increase.While there will not be any restrictions regarding direct and indirect cost increases, it will be at the Lead State's sole discretion to determine if the requested increase has a direct correlation to the Deliverables being offered under the Master Agreement. Price increases shall be allowed for all Products and all Services, including rate and fee structures on maintenance plans. 6.1.6 All approved Price Lists will be submitted by the Lead State to NASPO ValuePoint. Contractor shall then update all applicable websites with the new Price Lists after the NASPO ValuePoint website has been updated. Contractor is not permitted to send Price List updates directly to NASPO ValuePoint. 6.1.7 All inclusive Cost Per Copy (CPC) programs may be offered upon request by the Participating State or Entity, but pricing must not exceed Master Agreement pricing. Contractor must provide the Participating State or Entity with their pricing breakdown which enables the Participating State or Entity to easily compare the pricing in the CPC structure against the pricing in the Master Agreement. 6.1.8 Contractor may offer state-wide promotional discounts, customer location specific discounts, bulk discounts, or spot discounts. Contractor must notify the Participating State or Entity of special state-wide promotional discounts. 6.1.9 No retroactive adjustments to prices or rates will be allowed. 6.2 Payment. Unless otherwise agreed upon in a Participating Addendum or Order, Payment after Acceptance will be made within thirty (30) days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance, unless a different late payment amount is specified in a Participating Addendum or Order, or otherwise prescribed by applicable law. Payments will be remitted in the manner specified in the Participating Addendum or Order. Payments may be made via a purchasing card with no additional charge. 6.3 Leasing or Alternative Financing Methods. The procurement and other applicable laws of some Purchasing Entities may permit the use of leasing or alternative financing methods for the acquisition of Products under this Master Agreement. Exhibit A, Statement of Work, contains Leasing provisions; however, it shall be at the discretion of each Participating State or Entity to accept these terms, reject these terms, or further negotiate the terms with the Contractor, as long as those negotiations don't fall outside the original scope of the RFP or the Master Agreement. For example: The maximum lease term on Group A Devices is 60 months; Contractor is not permitted to offer a lease term in excess of this. VII. Ordering 7.1 Order Numbers. Purchase Order numbers must be clearly shown on all acknowledgments, packing slips, invoices, and on all correspondence. 7.2 Quotes. Purchasing Entities may define entity-specific or project-specific requirements and informally compete the requirement among companies having a Master Agreement on an "as needed" basis. This procedure may also be used when requirements are aggregated or other firm commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to the Purchasing Entity's rules and RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 14 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD policies. The Purchasing Entity may in its sole discretion determine which Master Agreement Contractors should be solicited for a quote. The Purchasing Entity may select the quote that it considers most advantageous, cost, and other factors considered. 7.3 Applicable Rules. Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Purchasing Entities' rules, policies, and procedures regarding the ordering of supplies and/or services contemplated by this Master Agreement. 7.4 Required Documentation. Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document under the law of the Purchasing Entity. 7.5 Term of Purchase. Orders may be placed consistent with the terms of this Master Agreement and applicable Participating Addendum during the term of the Master Agreement and Participating Addendum. 7.5.1 Orders must be placed pursuant to this Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days past the then-current termination date of this Master Agreement. 7.5.2 Notwithstanding the previous, Orders must also comply with the terms of the applicable Participating Addendum, which may further restrict the period during which Orders may be placed or delivered. 7.5.3 Financial obligations of Purchasing Entities payable after the current applicable fiscal year are contingent upon agency funds for that purpose being appropriated, budgeted, and otherwise made available. 7.5.4 Notwithstanding the expiration, cancellation or termination of this Master Agreement, Contractor shall perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration, cancellation, or termination of this Master Agreement, or in any manner inconsistent with this Master Agreement's terms. 7.5.5 Orders for any separate indefinite quantity, task order, or other form of indefinite delivery order arrangement priced against this Master Agreement may not be placed after the expiration or termination of this Master Agreement, notwithstanding the term of any such indefinite delivery order agreement. 7.6 Ordering and Invoicing Specifications. At the discretion of the Participating State or Entity, all Orders pursuant to this Master Agreement, may contain the following: 7.6.1 Name of Purchasing Entity; 7.6.2 The name, phone number, and address of Purchasing Entity representative; 7.6.3 Order date; 7.6.4 Description of the Product and/or Service ordered; 7.6.5 Model number; 7.6.6 Price; 7.6.7 The Master Agreement number; and 7.6.8 Any additional information required by the Participating State or Entity. 7.7 Contractor shall have the ability to accept procurement credit cards, and will not assess any additional charges or fees for processing payments via this method. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 15 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 7.8 At the discretion of the Participating State or Entity, Contractor shall have the ability to provide a centralized billing option. 7.9 Authorized Dealers shall have the ability to invoice a Purchasing Entity directly, unless otherwise specified by a Participating State or Entity. 7.10 With the exception of drop-shipped items, Contractor and/or Authorized Dealers shall not issue an invoice until the Purchasing Entity has confirmed Acceptance, per Section IX. 7.11 Contractor and/or Authorized Dealers may charge the Purchasing Entity a re-stocking fee for any Products that are not accepted. The amount of the fee shall be the lesser of 10% of the purchase price, or $200.00, unless otherwise specified in a Participating Addendum. 7.12 Contractor and/or Authorized Dealers may estimate meter reads if a Purchasing Entity fails to submit the required information within the specified time-frame. 7.13 All software Orders shall reference the Manufacturer's most recent release or version of the Product, unless the Purchasing Entity specifically requests a different version. 7.14 Contractor, Third-Party leasing companies, and/or Authorized Dealers may bill property tax separately or as otherwise indicated in a Participating Addendum or an Order. 7.15 Contractor and/or Authorized Dealers shall have a process in place for resolving disputed invoices, including escalation procedures. In addition, Contractor and/or Authorized Dealers shall have a process in place for issuing refunds or credits due to invoicing errors, as well as over-payments and Product returns. 7.16 Internet-based Portal and Electronic Catalogs. If Contractor provides the ability to place an Order through an internet-based portal or electronic catalog, then Contractor shall maintain all necessary hardware, software, backup-capacity and network connections required to operate that internet-based portal or electronic catalog. In addition, Contractor shall adhere to the following requirements: 7.16.1 The internet-based portal or electronic catalog shall clearly designate that the Products are part of the NASPO ValuePoint Master Agreement, and shall link to the Participating State or Entity's designated web location; 7.16.2 All Environmentally Preferable Products (EPP) shall be clearly listed; 7.16.3 If Contractor's electronic catalog will either be hosted on or accessed through the Participating State's eCommerce system, then Contractor shall comply with all policies, procedures and directions from the Participating State or Entity in relation to hosting its catalog on or making its catalog accessible through that system; 7.16.4 All information made available through the Participating State or Entity's eCommerce system is accurate and complies with the Master Agreement and the Participating Addendum; and 7.16.5 Paper catalogs or other digital media catalogs must be supplied to the Participating State or Entity upon request. 7.17 Communication. All communications concerning administration of Orders placed must be furnished solely to the authorized purchasing agent within the Purchasing Entity's purchasing office, or to such other individual identified in writing in the Order. 7.18 Substitutions. If an ordered Product is out-of-stock, Contractor shall notify the Purchasing Entity and request approval before substituting for the out-of-stock item. Contractor's RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 16 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD request to substitute shall explain how the substituted Product compares with the out-of- stock item. Any substitute Product offered must be on the Contractor's Master Agreement Price List. 7.19 Contract Provisions for Orders Utilizing Federal Funds. Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement. 7.20 Supplemental Documents. All Attachments to this Master Agreement have been reviewed and negotiated by the Lead State only to the extent that they comply with the terms and conditions of RFP-NP-23-001 as well as this Master Agreement. Participating States and Entities are still advised however, to review each Supplemental Document and negotiate the terms and conditions further with Contractor if necessary. It shall be at the discretion of Contractor and Purchasing Entity to determine which Supplemental Documents are appropriate for each Order type. With the exception of End User License Agreements (EULA's), clickwrap agreements, and any third party software agreements, which have not been reviewed or negotiated by the Lead State, nor are they attached to this Master Agreement, only the Supplemental Documents attached to this Master Agreement are permitted to be used for any Order placed. Vill. Shipping and Delivery 8.1 Shipping Terms. With the exception of Group C and Sub-Groups C1 and C2 Devices, all Products must be shipped F.O.B. destination, standard freight pre-paid by the Contractor, to the Purchasing Entity's specified location, unless otherwise indicated in a Participating Addendum. Group C and Sub-Groups C1 and C2 shipping charges shall be quoted to the Purchasing Entity prior to Order confirmation. 8.1.1 Notwithstanding the above, responsibility and liability for loss or damage will remain the Contractor's until the Purchasing Entity has taken possession of the Device, at which point responsibility will pass to the Purchasing Entity except as to latent defects, fraud, and Contractor's warranty obligations. 8.2 Available Products. Devices that are in-stock or otherwise not subject to supply-chain shortages or issues, shall be delivered within thirty(30) calendar days after receipt of Order, unless otherwise specified by the Purchasing Entity. 8.3 Required Updates. Contractor shall provide a minimum of semi-monthly updates to the Purchasing Entity regarding the status of all Devices that are, or will be expected to go, on backorder. 8.4 Software Installation. Software related to the Device must be installed within five (5) Business Days of the Device installation, or as otherwise stated in an Order. 8.5 Delivery Days and Receiving Hours. All deliveries shall be made during Normal Business Hours, which may vary for each Purchasing Entity of each Participating State. The Purchasing Entity shall not be responsible for any additional charges should the Contractor fail to observe specific delivery days and receiving hours. The delivery days and delivery hours shall be established by each individual Purchasing Entity upon Order placement. 8.6 Inside Deliveries. All deliveries, with the exception of drop-shipped or desktop Devices, RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 17 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD shall be made to the interior location specified by the Purchasing Entity. Specific delivery instructions will be noted on the Order. Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Contractor. If damage does occur, it is the responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order. 8.7 Packaging. Products shall be packaged and labeled so as to satisfy all legal and commercial requirements applicable for use by any Purchasing Entity, and shall include, without limitation and if applicable, OSHA material safety data sheets, and shall conform to all statements made on the label. Packages that cannot be clearly identified may be refused and/or returned at no cost to the Purchasing Entity. IX. Inspection and Acceptance 9.1 Laws and Regulations. Any and all Products offered and furnished must comply fully with all applicable Federal, State, and local laws and regulations. 9.2 Applicability. Unless otherwise specified in the Participating Addendum, or ordering document, the terms of this Section IX will apply. This section is not intended to limit rights and remedies under the applicable commercial code. 9.3 With the exception of drop-shipped Devices, Purchasing Entity shall confirm delivery, installation and Acceptance of all Devices covered by each purchase or lease Order, by signing a Delivery and Acceptance Certificate (D&A), as referenced in Exhibit B, Sample D&A Certificate, which shows Acceptance of the Device(s) and allows Contractor to invoice for the Device(s). 9.4 Purchasing Entity agrees to sign and return the D&A to Contractor (which, at mutual agreement, may be done electronically) within five (5) Business Days after any Device is installed, or as otherwise stated in a Participating Addendum. 9.5 Failure to sign the D&A or reject the Device(s) within the foregoing five (5) day period shall be deemed as Acceptance by the Purchasing Entity; however, it does not relieve the Contractor of liability for material (nonconformity that substantially impairs value) defects subsequently revealed when Devices are put to use. Acceptance of such Devices may be revoked in accordance with the provisions of the applicable commercial code, and the Contractor shall be liable for any resulting expense incurred by the Purchasing Entity in relation to the preparation and shipping of Devices(s) rejected and returned, or for which Acceptance is revoked. 9.6 Inspection. All Devices are subject to inspection at reasonable times and places before Acceptance. Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Master Agreement. 9.6.1 Devices that do not meet specifications may be rejected. Failure to reject upon receipt, however, does not relieve the contractor of liability for material (nonconformity that substantial impairs value) latent or hidden defects subsequently revealed when goods are put to use. 9.6.2 Acceptance of such goods may be revoked in accordance with the provisions of the applicable commercial code, and the Contractor is liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping of Device RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 18 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD rejected and returned, or for which Acceptance is revoked. 9.7 Failure to Conform. If any Services do not conform to contract requirements, the Purchasing Entity may require the Contractor to perform the Services again in conformity with contract requirements, at no increase in Order amount. When defects cannot be corrected by re-performance, the Purchasing Entity may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and reduce the contract price to reflect the reduced value of Services performed. 9.8 Acceptance Testing. Purchasing Entity may establish a process, in keeping with industry standards, to ascertain whether the Device meets the standard of performance or specifications prior to Acceptance by the Purchasing Entity. 9.8.1 The Acceptance Testing period will be thirty (30) calendar days, unless otherwise specified, starting from the day after the Device is delivered or, if installed by Contractor, the day after the Device is installed and Contractor certifies that the Device is ready for Acceptance Testing. 9.8.2 If the Device does not meet the standard of performance or specifications during the initial period of Acceptance Testing, Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the standard of performance is met. 9.8.3 Upon rejection, the Contractor will have thirty (30) calendar days to cure. If after the cure period, the Device still has not met the standard of performance or specifications, the Purchasing Entity may, at its option: (a) declare Contractor to be in breach and terminate the Order; (b) demand replacement Device from Contractor at no additional cost to Purchasing Entity; or, (c) continue the cure period for an additional time period agreed upon by the Purchasing Entity and the Contractor. 9.8.4 Contractor shall pay all costs related to the preparation and shipping of Device returned pursuant to the section. 9.8.5 No Device will be deemed Accepted and no charges will be paid until the standard of performance or specification is met. X. Warranty 10.1 Applicability. Unless otherwise specified in the Master Agreement, Participating Addendum, or ordering document, the terms of this section X will apply. 10.2 The warranty period shall begin upon Acceptance of the Device, and shall be for a minimum of ninety (90) days for purchase and leased Devices. This warranty shall be extended to all Devices acquired under the Master Agreement, including Remanufactured and/or Refurbished Devices. 10.3 Devices that are sold under the resulting Master Agreement will come with the standard features as published on the Manufacturers website, and will not deviate from the stated specifications. 10.4 Devices shall be in good working order, free from any defects in material and workmanship, and fit for the ordinary purposes they are intended to serve. 10.5 If defects are identified, per mutual agreement of Contractor and the Purchasing Entity, Contractor obligations shall be limited solely to the repair or replacement of Devices proven to be defective upon inspection. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 19 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 10.6 Replacement of Devices shall be on a like-for-like basis and shall be at no cost to the Purchasing Entity. 10.7 Repair of defective parts and/or Devices shall be at no cost to the Purchasing Entity. 10.8 Upon significant failure of a Device, the warranty period shall commence again for a minimum of ninety (90) days. Significant failure shall be determined by the Participating State. 10.9 Contractor warranty obligations shall not apply if: 10.9.1 The Device is installed, wired, modified, altered, or serviced by anyone other than Contractor and/or their Authorized Dealer; 10.9.2 If a defective or non-authorized Accessory, Supply, software, or part is attached to, or used in the Device; and 10.9.3 The Device is relocated to any place where Contractor Services are not available. 10.10 Contractor agrees to perform its Services in a professional manner, consistent with applicable industry standards. 10.11 It will be at the discretion of each Participating State or Entity to negotiate additional warranty requirements with the Contractor. 10.12 Lemon Clause 10.12.1 This clause shall apply to all Devices that are purchased, leased, or rented under the Contractor's Master Agreement. 10.12.2 This clause shall not apply if (a) Supplies or parts are used in the Devices that were not manufactured, provided, or authorized by the Contractor, (b) Service was provided by someone other than Contractor or their Authorized Dealer, or (c) The Device has been subject to abuse or neglect by Purchasing Entity. 10.12.3 The application period is thirty-six (36) months from the date of Acceptance. 10.12.4 This clause shall take precedence over any other warranty or Services clauses associated with the Contractor's Master Agreement, or as specified by a Participating State or Entity in their Participating Addendum. 10.12.5 A Purchasing Entity must maintain an uninterrupted Maintenance Agreement on all purchased Devices in order for this clause to apply past the initial ninety (90) day warranty. 10.12.6 Any Device that fails (except due to operator error) to function in accordance with the Manufacturer's published performance specifications, four(4)times in any four (4) week period and/or is subject to recurring related problems, shall be replaced with a like-for-like Device (i.e. similar usage, remaining useful life, etc.) that meets or exceeds the requirements of the original Device, at no cost to the Purchasing Entity. 10.13 Rights Reserved. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys' fees and costs. XI. Equipment Title RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 20 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 11.1 Conveyance of Title. Contractor shall have exclusive title to the Devices being delivered and the Devices shall be free and clear of all liens, encumbrances, and security interests. Title to the Device shall only pass to the Purchasing Entity upon: 11.1.1 Purchasing Entity up-front purchase of the Device; 11.1.2 Purchasing Entity exercising the purchase option at the end of an FMV Lease; 11.1.3 Expiration of a Purchasing Entity's Capital Lease; or 11.1.4 Purchasing Entity has secured Third Party financing and payment is being made directly to the Contractor by the Purchasing Entity. 11.2 Embedded Software. Transfer of title to the Device must include an irrevocable and perpetual license to use any Embedded Software in the Device. If Purchasing Entity subsequently transfers title of the Device to another entity, Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Device title. A subsequent transfer of this software license will be at no additional cost or charge to either Purchasing Entity or Purchasing Entity's transferee. 11.3 License of Pre-Existing Intellectual Property. Contractor grants to the Purchasing Entity a nonexclusive, perpetual, royalty-free, irrevocable, license to use, publish, translate, reproduce, transfer with any sale of tangible media or Product, perform, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it ("Pre-existing Intellectual Property"). The Contractor shall be responsible for ensuring that this license is consistent with any third-party rights in the Pre-existing Intellectual Property. XII. Indemnification 12.1 General Indemnification. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO ValuePoint, the Lead State, Participating Entities, and Purchasing Entities, along with their officers and employees, from and against third-party claims, damages or causes of action including reasonable attorneys' fees and related costs for any death, injury, or damage to tangible property arising from any act, error, or omission of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to performance under this Master Agreement. 12.2 Intellectual Property Indemnification. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO ValuePoint, the Lead State, Participating Entities, Purchasing Entities, along with their officers and employees ("Indemnified Party"), from and against claims, damages or causes of action including reasonable attorneys' fees and related costs arising out of the claim that the Product or its use infringes Intellectual Property rights of another person or entity ("Intellectual Property Claim"). 12.2.1 The Contractor's obligations under this section will not extend to any combination of the Product with any other product, system or method, unless the Product, system or method is: 12.2.1.1 provided by the Contractor or the Contractor's subsidiaries or affiliates; 12.2.1.2 specified by the Contractor to work with the Product; 12.2.1.3 reasonably required to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 21 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD the same function, or; 12.2.1.4 reasonably expected to be used in combination with the Product, system or method. 12.2.2 The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of the Intellectual Property Claim. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. 12.2.3 The Indemnified Party shall furnish, at the Contractor's reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of the Intellectual Property Claim and the Contractor shall be liable for all costs and expenses, including reasonable attorneys' fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. 12.2.4 Unless otherwise set forth herein, Section 12.2 is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement. XIII. Insurance 13.1 Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and/or maintain the required insurance may result in this Master Agreement's termination or, at a Participating Entity's option; result in termination of its Participating Addendum. 13.2 Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, for each of the following categories. Contractor assumes responsibility for the payment of any deductible on the below policies. 13.2.1 Commercial General Liability covering premises operations, Independent Contractors, Products and completed operations, contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence, $2 million general aggregate, $2 million Products and completed operations aggregate and $50,000 and any one fire. These limits may be satisfied through a combination of primary and Umbrella/Excess. Canon will use its umbrella policy to satisfy claims in excess of the $2,000,000 aggregate. 13.2.2 Cyber Liability covering claims and losses with respect to network, internet (Cloud) or other data disclosure risks (such as data breaches, releases of Confidential Information, unauthorized access/use of information, and identity RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 22 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD theft) with minimum limits of not less than $1,000,000 per claim and $2,000,000 aggregate. 13.2.3 Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. 13.2.4 Automobile Liability covering any auto (including owned, hired and non- owned), with a minimum limit of$1,000,000 each accident combined single limit. 13.3 Contractor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that the insurer not revoke them until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Purchasing Entity and Participating Entity by the Contractor. 13.4 Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor's general liability insurance policy or other documentary evidence acceptable to the Lead State that: 13.4.1 Names and/or includes the Participating States identified in the Request for Proposal as additional insured's, and; 13.4.2 Provides that the Contractor's liability insurance policy shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, the Participating Entity's rights and Contractor's obligations are the same as those specified in the first sentence of this subsection. Before performance of any Purchase Order issued after execution of a Participating Addendum authorizing it, the Contractor shall provide to a Purchasing Entity or Participating Entity who requests it the same information described in this subsection. 13.5 Contractor shall furnish to the Lead State, Participating Entity, and, on request, the Purchasing Entity copies of certificates of all required insurance within seven (7) calendar days of the execution of this Master Agreement, the execution of a Participating Addendum, or the Order's effective date and prior to performing any work. The insurance certificate shall provide the following information: the name and address of the insured; name, address, telephone number and signature of the authorized agent; name of the insurance company(authorized to operate in all states); a description of coverage in detailed standard terminology (including policy period, policy number, limits of liability, and endorsements). Copies of renewal certificates of all required insurance shall be furnished within fifteen (15) days after any renewal date. These certificates of insurance must expressly indicate compliance with each insurance requirement specified in this section. Failure to provide evidence of coverage may, at sole option of the Lead State, or any Participating Entity, result in this Master Agreement's termination or the termination of any Participating Addendum. 13.6 Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement, any Participating Addendum, or any Order. 13.7 Notice of Cancellation. Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to a Participating Entity who is a state within five (5) business days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy, or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur. 13.8 Participating Entities. Contractor shall provide to Participating States and Participating RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 23 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD Entities the same insurance obligations and documentation as those specified in Section XIII, except the endorsement is provided to the applicable Participating State or Participating Entity. 13.9 Furnishing of Certificates. Contractor shall furnish to the Lead State copies of certificates of all required insurance in a form sufficient to show required coverage within thirty (30) calendar days of the execution of this Master Agreement and prior to performing any work. Copies of renewal certificates of all required insurance will be furnished within thirty (30) days after any renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement's termination or the termination of any Participating Addendum. 13.10 Disclaimer. Insurance coverage and limits will not limit Contractor's liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order. XIV. General Provisions 14.1 Records Administration and Audit 14.1.1 The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as will adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right will survive for a period of six (6) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Master Agreement, whichever is later, or such longer period as is required by the Purchasing Entity's state statutes, to assure compliance with the terms hereof or to evaluate performance hereunder. 14.1.2 Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders or underpayment of fees found as a result of the examination of the Contractor's records. 14.1.3 The rights and obligations herein exist in addition to any quality assurance obligation in the Master Agreement that requires the Contractor to self-audit contract obligations and that permits the Lead State to review compliance with those obligations. 14.2 Confidentiality, Non-Disclosure, and Injunctive Relief 14.2.1 Confidentiality. Contractor acknowledges that it and its employees or agents may, in the course of providing a Product under this Master Agreement, be exposed to or acquire information that is confidential to Purchasing Entity or Purchasing Entity's clients. 14.2.1.1 Any and all information of any form that is marked as confidential or RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 24 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD would by its nature be deemed confidential obtained by Contractor or its employees or agents in the performance of this Master Agreement, including but not necessarily limited to (1) any Purchasing Entity's records, (2) personnel records, and (3) information concerning individuals, is confidential information of Purchasing Entity ("Confidential Information"). 14.2.1.2 Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information. 14.2.1.3 Confidential Information does not include information that (1) is or becomes (other than by disclosure by Contractor) publicly known; (2) is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; (3) is rightfully in Contractor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (4) is obtained from a source other than Purchasing Entity without the obligation of confidentiality, (5) is disclosed with the written consent of Purchasing Entity; or (6) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Information. 14.2.2 Non-Disclosure. Contractor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Master Agreement. 14.2.2.1 Contractor shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contractor shall use commercially reasonable efforts to assist Purchasing Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. 14.2.2.2 Without limiting the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable Participating Entity, and the Lead State immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement, and Contractor shall at its expense cooperate with Purchasing Entity in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person. 14.2.2.3 Except as directed by Purchasing Entity, Contractor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Purchasing Entity's request, Contractor shall turn over to Purchasing Entity all documents, papers, and other matter in Contractor's possession that embody Confidential Information. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 25 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 14.2.2.4 Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits, and evidence of the performance of this Master Agreement. 14.2.3 Injunctive Relief. Contractor acknowledges that Contractor's breach of Section 14.2 would cause irreparable injury to the Purchasing Entity that cannot be adequately compensated in monetary damages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and are reasonable in scope and content. 14.2.4 Purchasing Entity Law. These provisions will be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity. 14.2.5 NASPO ValuePoint. The rights granted to Purchasing Entities and Contractor's obligations under this section will also extend to NASPO ValuePoint's Confidential Information, including but not limited to Participating Addenda, Orders or transaction data relating to Orders under this Master Agreement that identify the entity/customer, Order dates, line-item descriptions and volumes, and prices/rates. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to this Master Agreement. To the extent permitted by law, Contractor shall notify the Lead State of the identity of any entity seeking access to the Confidential Information described in this subsection. 14.2.6 Public Information. This Master Agreement and all related documents are subject to disclosure pursuant to the Lead State's public information laws. 14.3 Assignment/Subcontracts 14.3.1 Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the Lead State. 14.3.2 The Lead State reserves the right to assign any rights or duties, including written assignment of contract administration duties, to NASPO ValuePoint and other third parties. 14.4 Changes in Contractor Representation. The Contractor must, within ten (10) calendar days, notify the Lead State in writing of any changes in the Contractor's key administrative personnel managing the Master Agreement. The Lead State reserves the right to approve or reject changes in key personnel, as identified in the Contractor's proposal. The Contractor shall propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor's proposal. 14.5 Independent Contractor. Contractor is an independent contractor. Contractor has no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlements, liability or understanding whatsoever, and shall not to hold itself out as agent except as expressly set forth herein or as expressly set forth in an applicable Participating Addendum or Order. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 26 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 14.6 Cancellation. Unless otherwise set forth herein, this Master Agreement may be canceled by either party upon sixty (60) days' written notice prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon thirty (30) days' written notice, unless otherwise limited or stated in the Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision will not affect the rights and obligations attending Orders outstanding at the time of cancellation, including any right of a Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, rights attending any warranty or default in performance in association with any Order, and requirements for records administration and audit. Cancellation of the Master Agreement due to Contractor default may be immediate. 14.7 Force Majeure. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, unusually severe weather, other acts of God, acts of war which are beyond that party's reasonable control, pandemics, or epidemics that would negatively impact supply chain distribution. The Lead State may terminate this Master Agreement upon determining such delay or default will reasonably prevent successful performance of the Master Agreement. This clause does not absolve Purchasing Entity of their payment obligations for goods or services received. Past due account charges will not accrue until the conclusion of the Force Majeure event, at which point Contractor shall also be expected to resume their Service obligations. 14.8 Defaults and Remedies 14.8.1 The occurrence of any of the following events will be an event of default under this Master Agreement: 14.8.1.1 Nonperformance of contractual requirements; 14.8.1.2 A material breach of any term or condition of this Master Agreement; 14.8.1.3 Any certification, representation or warranty by Contractor in response to the solicitation or in this Master Agreement that proves to be untrue or materially misleading; 14.8.1.4 Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or 14.8.1.5 Any default specified in another section of this Master Agreement. 14.8.2 Upon the occurrence of an event of default, the Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of thirty (30) calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure will not diminish or eliminate Contractor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. 14.8.3 If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 27 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD of its obligations under this Master Agreement and the Lead State shall have the right to exercise any or all of the following remedies: 14.8.3.1 Any remedy provided by law; 14.8.3.2 Termination of this Master Agreement and any related Contracts or portions thereof; 14.8.3.3 Assessment of liquidated damages as provided in this Master Agreement; 14.8.3.4 Suspension of Contractor from being able to respond to future bid solicitations; 14.8.3.5 Suspension of Contractor's performance; and 14.8.3.6 Withholding of payment until the default is remedied. 14.8.4 Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and shall have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in an Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions will be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 14.9 Waiver of Breach. Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies will not operate as a waiver under this Master Agreement, any Participating Addendum, or any Purchase Order. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Purchase Order will not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, any Participating Addendum, or any Purchase Order. 14.10 Debarment. The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in public procurement or contracting by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State. 14.11 No Waiver of Sovereign Immunity 14.11.1 In no event will this Master Agreement, any Participating Addendum or any contract or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 28 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD otherwise, from any claim or from the jurisdiction of any court. 14.11.2 This section applies to a claim brought against the Participating Entities who are states only to the extent Congress has appropriately abrogated the state's sovereign immunity and is not consent by the state to be sued in federal court. This section is also not a waiver by the state of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 14.12 Governing Law and Venue 14.12.1 The laws of the Lead State shall govern the construction and effect of this Master Agreement. Venue for any administrative or judicial action relating to this Master Agreement shall be in the City and County of Denver, Colorado. 14.12.2 The construction and effect of any Participating Addendum or Order against this Master Agreement shall be governed by and construed in accordance with the laws of the Participating Entity's or Purchasing Entity's State. 14.12.3 If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): The Lead State for claims relating to the procurement, evaluation, award, or Contract performance or administration if the Lead State is a party; the Participating State if a named party; the Participating Entity state if a named party; or the Purchasing Entity state if a named party. 14.13 Assignment of Antitrust Rights. Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. 14.14 Survivability. Unless otherwise explicitly set forth in a Participating Addendum or Order, the terms of this Master Agreement as they apply to the Contractor, Participating Entities, and Purchasing Entities, including but not limited to pricing and the reporting of sales and payment of administrative fees to NASPO ValuePoint, shall survive expiration of this Master Agreement and shall continue to apply to all Participating Addenda and Orders until the expiration thereof. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 29 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS MASTER AGREEMENT *Individual signing for Contractor hereby swears and affirms that they are authorized to act on Contractor's behalf and l acknowledge that the Lead State is relying on their representations to that effect. CONTRACTOR STATE OF COLORADO Canon U.S.A., Inc. Jared S. Polis, Governor Department of Personnel &Administration By: Sam Yoshida State Purchasing & Contracts Office Title: EVP & GM Tony Gherardini, Executive Director DocuSigned by: DocuSigned by: B �b EKD530DDEM2461 EF45AFDEB51E414... OiyiidLUIU John Chapman, estate rurcnasing Manager Date: 11/28/2023 Date: 11/30/2023 ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State Contracts.This Master Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto,the State of Colorado is not obligated to pay Contractor for such performance or for any Goods and/or Services provided hereunder. STATE CONTROLLER Robert Jai Do..Signedby: ID By. 66856696CC1A43A... Date: 11/30/2023 RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 30 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD EXHIBIT A— STATEMENT OF WORK I. Product Overview A. Contractor is authorized to provide Products and Services in the following Groups and Sub- Groups: 1. Primary Products and Services: Group Products and Services A A3 M F D — OEM only B A4 MFD — OEM and Non-OEM C Production Equipment— OEM and Non-OEM D Single-function Printers — OEM and Non-OEM E Large/Wide Format Equipment — OEM and Non-OEM F Scanners — OEM and Non-OEM G Software — OEM and Non-OEM H Supplies (consumable) — OEM and Non-OEM Managed Print Services 2. Ancillary Products and Services: Sub- Products and Services Group G1 Software Related Services C1 Standalone Production Devices (cutters, sorters, binders) — OEM and Non-OEM C2 Industrial Print Equipment— OEM and Non-OEM D1 Specialty Printers (3D, receipt, barcode label, card, cable) — OEM and Non-OEM B. Contractor may not provide Products that have not been approved by the Lead State, with the exception of NSP items, as referenced in section II.B.3. C. Contractor may only offer Devices that meet the minimum requirements as outlined in section II.A. D. Any Products added to the Master Agreement throughout the term of the Contract must be discounted according to the proposed discount for the appropriate Segment or as specified in section II.A.4. E. Contractor may provide MPS under any Group they offer under this Contract. However, MPS may not be provided on any Devices that are being leased or rented to a Purchasing Entity by another Manufacturer, unless Contractor has a written agreement with the Manufacturer to do so. F. Contractor may add, remove or modify Products and Services on their Price Lists once per RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 31 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD calendar month, beginning in September 2024. Modifications do NOT include price increases. Refer to section 6.1 of the Master Agreement Terms and Conditions for information regarding pricing. G. Any Device additions must be updated with Buyer's Lab within ninety (90) days of submission to the Lead State. Failure to adhere to this requirement will result in the Device(s) being removed from the Master Agreement Price List(s) until such time they can be verified on Buyer's Lab. In addition, if a Device is acquired by a Purchasing Entity that is not listed on Buyer's Lab within 90 days of it being added to the Price List, then Contractor shall remove the Device from the Purchasing Entity location and substitute it with a Device of equal or greater value, at no charge to the Purchasing Entity. This substituted Device must be on the Price List, AND listed on Buyer's Lab. II. Master Agreement Deliverables A. Primary Product and Service Offerings 1. Group Categories. Segments shall be utilized to distinguish the various speeds of the Devices within Groups. The speeds are denoted in Page per Minute (PPM). The Segments for each Group are as follows: Group A— MFD, A3 Segment PPM 2 20 — 30 3 31 —40 4 41 — 50 5 51 — 60 6 61 — 70 7 71 — 90 Group B — MFD, A4 Segment PPM 1 Up to20 2 21 - 30 3 31 - 40 4 41 - 50 5 51 - 60 6 61+ Group C — Production Equipment Segment PPM 1 65 — 79 2 80 — 89 3 90 - 110 4 111 — 130 5 131+ RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 32 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD Group D — Single-function Printers Segment SegmentT PPM 1 Up to20 2 21 —40 3 41 — 60 4 61+ Group E — Large/Wide Format Equipment Segment Al or D Size Width — Width - Industry PPM* Office Low 0 - 3 24" — 44" 46" and higher Medium Low 4 - 9 24" — 44" 46" and higher Medium High 10 - 19 24" — 44" 46" and higher High 20+ 24" — 44" 46" and higher `Speeds denoted above are based on b&w output Group F - Scanners Segment PPM 1 10 - 29 2 30 —49 3 50 — 69 4 70 — 89 5 90 - 110 6 111 — 130 7 131+ 2. Device Configurations. Devices must be equipped, at a minimum, with the following Accessories/capabilities: 2.1 Group A— MFD, A3 a. New power filter; b. Duplex for Segment 3 and above; c. Standard paper drawer(s) equal to or greater than: i) One (1) paper supply for Segment 2; ii) Two (2) paper drawers for Segments 3 and 4; and/or iii) 2,000 sheet paper capacity for Segments 5 and above. iv) Paper size capacity up to 11" x 17"; and v) Bypass paper supply, if applicable for Segment. 2.2 Group B — MFD, A4 a. New power filter; b. Bypass paper supply; RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 33 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD c. Standard paper drawer(s) equal to or greater than: i) One (1) paper supply for Segments 1 and 2; ii) Two (2) paper drawers for Segments 3 and 4; and/or iii) 1,000 sheet capacity for Segments 5 and above. d. Paper size capacity up to 8 1/2" x 14"; and e. Envelope adjustment capability. 2.3 Group C — Production Equipment a. New power filter; b. Standard paper drawer(s); c. Standard paper capacity; d. Duplex; and e. Network connectivity. 2.4 Group D — Single-function Printers a. Must include an inkjet, light emitting diode (LED), or laser print engine; b. Standard paper drawer(s); c. Standard paper capacity; and d. Network connectivity. 2.5 Group E — Large/Wide Format Equipment a. Hard-Disk drive; b. Network connectivity; c. Touch screen control panel; and d. Automatic Media Selection — a built-on sensor detects the size of the original and the proper media size is then selected. 2.6 Group F — Scanners a. Charge-Coupled Device (CCD) or Contact Image Sensor (CIS); b. Automatic Document Feeder (ADF); c. Letter or legal paper size capacity; d. Color depth of at least 24 bytes; and e. Single pass duplex scan. 3. Device Standards. Devices must meet the following requirements: 3.1 Group A Base Units are OEM only. 3.2 Group A and Group B must be EPEAT registered to a minimum of Bronze Standard within one (1) year of being added to the Master Agreement Price List. 3.3 Group D must be Energy Star compliant or EPEAT registered to a minimum of RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 34 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD Bronze Standard within one (1)year of being added to the Master Agreement Price List. 3.4 Group E must be Energy Star compliant and registered within one (1) year of being added to the Master Agreement Price List. 3.5 If Contractor Devices fail to meet the EPEAT Bronze Standard, or be Energy Star compliant (applicable to Group D and E Devices only)within one (1)year, then they will be removed from the Price List. If said Devices have already been placed at a Purchasing Entity's location, then Contractor must replace the Devices with a comparable, qualified model, at no cost to the Purchasing Entity. 3.6 All Devices must be Newly Manufactured, current, Remanufactured, or Refurbished, except as specified in a Participating Addendum. Discontinued Devices are not permitted to be offered under the Master Agreement. 3.7 Devices, when installed, and if available, must be set-up to receive automatic software updates and patches. 3.8 Device specifications must be published on the Contractor website. 3.9 MSRP must not exceed what is listed with Buyers Laboratory Inc., or List Price must not exceed what is published on the Manufacturer's website. 3.10 Devices must maintain a PPM speed, according to Segment classification. 3.11 Devices must be compatible with using recycled paper, up to and including, 100% Post-Consumer Waste (PCW) paper. Contractor may not fault the use of recycled paper for Device failures, as long as the recycled paper in use meets the standard paper specifications (e.g., multi-purpose, copy, or laser paper). 4. Device Exceptions 4.1 Group B, Group C, Sub-Group C1, Sub-Group C2, Group D, Sub-Group D1, Group E, and Group F will not be restricted to OEM, and do not have to be Private Labeled. 4.2 Group C, Sub-Group C1, Sub-Group C2, and Group F are not required to be EPEAT registered or Energy Star compliant. 4.3 Digital Duplicators may be offered by Contractor under Group A, and must be priced based on the minimum discount offered in the Segment to which they most closely relate. 4.4 Under Group E, Contractor may offer Large/Wide Format Equipment that accommodates all paper sizes. Pricing shall be based on the discount offered for the Segment in which the Device belongs. 5. Accessories 5.1 Contractor shall provide OEM and/or Third Party compatible Accessories that compliment or enhance the features of the Device. 5.2 Contractor may also maintain a separate price list for Accessories for Base Units RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 35 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD that have been discontinued. The pricing must be based on the same discount offered, per the `Discount from MSRP' tab, on the applicable Group Price List. 5.3 Purchasing Entities may add Accessories to Devices that have been purchased, leased or rented under prior NASPO ValuePoint Master Agreements, as well as via any other means. If the Device is currently being leased or rented, Purchasing Entity must obtain Contractor approval to add Accessories. Purchasing Entities shall also be advised that obtaining Accessories from a Third Party and not the Contractor or their Dealer may void certain warranty or maintenance agreement provisions. 6. Remanufactured and Refurbished Equipment 6.1 Contractor may offer Remanufactured and/or Refurbished Equipment under any Group. 6.2 Remanufactured and Refurbished Equipment is not required to be EPEAT registered or Energy Star compliant. 6.3 Equipment can be acquired via a purchase or lease agreement. 6.4 Contractor must notify the Purchasing Entity in writing, when Remanufactured or Refurbished Equipment is being offered. 6.5 All Remanufactured or Refurbished Equipment must be clearly labeled as such, and must be certified by the Manufacturer. 6.6 Remanufactured Equipment must be priced according to the minimum discount offered for similar Equipment in the same Group and Segment of the resulting Master Agreement. 6.7 Refurbished Equipment shall be offered at a minimum discount of 10% less than the lowest priced Device of the Group and Segment to which the Refurbished Equipment belongs. 6.8 Service and Supplies for Remanufactured and Refurbished Equipment will receive the same pricing as the Published Price for the Group and Segment to which it belongs. 7. Group G - Software 7.1 May be provided by Contractor to enhance the capabilities of the Devices, or may be provided as a standalone option on any owned, leased or rented Device. 7.2 Software pricing for unique designs or complex configurations will be quoted on a case by case basis. 7.3 Contractor may provide OEM and/or Third Party software. 7.4 All software drivers shall be, at a minimum, Windows 10 compliant, and all Devices must have universal software drivers. 7.5 Purchasing Entities that acquire software shall be subject to the license agreements distributed with such software, provided such terms do not contradict RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 36 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD the language in the Master Agreement, and unless otherwise stated in a Participating Addendum. 7.6 Software Subscriptions a. Software pricing shall be inclusive of available software patches and any updates. b. Purchasing Entities shall have the option to finance software subscriptions by utilizing the proposed lease rates. c. Any new releases of software versions (upgrades) shall be chargeable to the Purchasing Entity; however, Contractor may not charge for the installation of the software upgrade, unless installation is excessive, and charges are agreed to by Purchasing Entity. d. License fees and support fees shall remain firm throughout the term of the agreement. e. Software subscriptions shall not be subject to automatic renewals, unless otherwise agreed to in an Order. f. Contractor shall be responsible for communicating all updates, patches, and new releases/versions to Purchasing Entities. g. Contractor shall provide a web-based or toll-free hotline during Normal Business Hours for Purchasing Entities to report software problems or answer software related questions. 8. Group H — Supplies (consumable) 8.1 Contractor may offer OEM or compatible Ink and Roll paper for Group E Devices. The Ink and/or paper may be purchased as standalone items, and will not be included as part of a Maintenance Agreement, nor will it be wrapped into the Total Monthly Payment on a lease agreement. 8.2 Contractor may offer OEM or compatible consumable Supplies for Groups A, B, C, D and F, as well as Sub-Groups C1, C2 and D1. These Supplies may be purchased as standalone items or included as part of a Maintenance Agreement. Under no circumstances may the Supplies, regardless of quantity, be financed, unless they are start-up Supplies. All compatible Supplies must meet OEM standards for performance and quality. The Supplies that may be offered are: a. Toner; b. Staples; c. Ink; d. Print Cartridges; e. Imaging Drums; If. Fuser Kits; g. Cleaning Kits; h. Transfer Kits; RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 37 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD i. Waste Toner Bottles; j. Fuser Oil; k. Ozone Filters; I. Ribbon; m. Developer; n. Rollers and Pads; and o. Maintenance Kits. 8.3 Toner must be free of carcinogenic, mutagenic, or teratogenic substances, and should avoid petroleum inks and inks with high volatile compounds. Toner cartridges should also be remanufactured, contain recycled content, or be bio- based. 8.4 Contractor shall provide the Purchasing Entity with a method to return the empty toner cartridges at no additional charge. 9. Service Offerings 9.1 Group I - Managed Print Services a. The main components of an MPS engagement are needs assessment, selective or general replacement of Devices, and the Service, parts and Supplies needed to operate the new and/or existing Devices, including existing Third Party Devices as owned by the Purchasing Entity. The Contractor tracks how the Device fleet is being used, the problems associated with that use, and customer satisfaction in regards to meeting statement of work objectives. b. In addition to the ongoing monitoring and management of a fleet of Devices, Contractor must also offer project implementation Services, and customer help-desk support and training. c. Contractor may also offer hourly Services for consulting purposes, project management, change management plans, and other staffed Services which meet customer needs such as to operate copy centers or complete back file scanning projects. d. MPS may also include enterprise content management Services and workflow optimization components, such as scanning and document capture solutions, developing custom applications for smart MFDs that automate paper-intensive document workflows and route scanned pages to document management systems. It can also be extended to include the restructuring of document workflows. Some MPS engagements may be designed to improve document security or to reduce print volumes and power consumption for environmental reasons. e. All MPS engagements shall require the Contractor and Purchasing Entity to complete a detailed statement of work, similar to the format referenced in Exhibit E, Sample MPS Statement of Work, and it must be approved by RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 38 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD both parties prior to the initiation of any engagement. f. Any MPS engagement shall include the following: i) Free Initial Assessment (includes, but is not limited to: document workflow; identification of Service, Supplies, and parts; current output; total cost of ownership; employee to Device ratio; preliminary estimated cost savings); ii) Implementation (e.g. plan development; hardware and software installation and set-up); iii) Remote Device Monitoring (e.g. job accounting; automated meter reads; automated toner replenishment); iv) End-user Support (e.g. training; Help Desk); and v) Account management (e.g. reporting; invoicing; customer business reviews). g. The MPS engagement may include, but is not limited to, the following: i) Professional Services (e.g. consulting; project management; record management; network and data security; document workflow consulting; document scanning; back-file conversion; mail-room Services); ii) Cost-based Assessment (e.g. asset mapping; end-user survey; detailed recommendation; analysis and plan design); iii) Change Management; iv) Maintenance (e.g. Preventative Maintenance; Service and repair; on- site break/fix; parts management; warranty management); v) Ongoing Fleet Management and Optimization (e.g. consumable spend; continual assessments; green initiatives; add/move/change Services; disaster recovery). vi) Software and Cloud Solutions (e.g. mobile print, pull-print, enterprise content management; automated workflow; capture and route; security); and vii) Cartridge Recycling. h. The free initial assessment shall not constitute a commitment on behalf of the Purchasing Entity. Upon request from a Purchasing Entity, Contractor must provide the assessment with the understanding that the Purchasing Entity is under no obligation to enter into an MPS engagement. i. MPS pricing and billing options shall be flexible and the Purchasing Entity will drive the complexity of the solution required with a staged approach to implementation. 9.2 Maintenance Agreements. No Maintenance Agreement shall be subject to automatic renewals. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 39 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD a. Pricing i) Pricing must include a zero base, cost per click rate for b&w and/or color for Groups A, B, C and D. ii) Pricing for a monthly base charge, a set copy allowance and an overage rate for b&w and/or color may also be provided. iii) Pricing for a monthly base charge, a set copy allowance, an overage rate for b&w and/or color, and Supplies may also be provided. iv) Flat Rate Fee pricing must be provided that includes all parts, labor, Preventative Maintenance, and Service Calls for Groups A, B, C and D. Supplies may or may not be included. v) Pricing for ALL Groups may also be provided that includes all parts, labor, Preventative Maintenance (if applicable), and Service Calls, but excludes Supplies. vi) Paper and ink for Group E Devices shall not be included as part of the Service and Supply pricing. vii) Contractor may increase their Service and Supply pricing to include staples (if applicable to the Device). viii) Contractor may provide a flat rate fee without staples, and a flat rate fee with staples. All flat rate fees shall allow for an annual increase of up to 5%. ix) Contractor may charge flat rate fees for Services performed on any Accessories. x) Service Calls due to misuse, neglect or abuse shall not be covered by the Maintenance Agreement, and Contractor and Authorized Dealers may bill the Purchasing Entity at an hourly rate for Services rendered. xi) 11"x17" impressions may be counted as one (1) click or two (2) clicks on Group A and C Devices. xii) Contractor may offer a one (1) click rate that encompasses all paper sizes for Group C Devices. xiii) A two-sided document shall be counted as two (2) clicks. xiv) Contractor must not charge for scans on any MFD. b. Initial Term i) Pricing shall remain firm for the initial term of the Maintenance Agreement (e.g. 12, 24, 36 months etc.). Upon renewal of the Maintenance Agreement, Contractor may adjust the pricing, as long as the pricing does not exceed Master Agreement rates. ii) For leased Devices, the total Maintenance Agreement term shall be equal to the term of the lease (e.g. 24, 36, 48 months etc.). iii) For purchased Devices, the initial term is determined by the Purchasing Entity, as long as it does not exceed 60 months. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 40 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD c. Renewal Term If a Purchasing Entity wishes to renew a Maintenance Agreement for Devices that were acquired under prior Master Agreement (RFP-NP-18-001) or Master Agreement (3091), then section ILA (9.2)(h) shall apply. d. Blended Rates i) Contractor must have the ability to blend the Service and Supply costs over a large Device fleet, and the Blended Rate must cover all units in the fleet. ii) The Blended Rate must be divided between b&w and color. iii) Contractor shall provide the Purchasing Entity with the Blended Rate calculation prior to Order placement. iv) Utilizing a Blended Rate shall be at the discretion of the Participating State or Entity, and/or the Purchasing Entity. e. Manual Meter Reads i) Contractor must have an electronic method for collecting meter reads from a Purchasing Entity. ii) Meter reads may be submitted via the Contractor's online portal, or through email, or facsimile. iii) A Participating State or Entity may also elect, at their discretion, to submit meter reads through the Device. f. Customer Owned Devices i) Purchasing Entities may elect to enter into a Maintenance Agreement for Devices they already own, or Devices they acquire through an up- front purchase. ii) The Maintenance Agreement may be priced on a flat rate fee, which shall include parts, labor, Preventative Maintenance (if applicable) and Service calls. Supplies may or may not be included. g. Leased Devices i) Contractor shall be required to provide a Maintenance Agreement on all Devices that are leased by a Purchasing Entity. ii) The Maintenance Agreement shall be priced based on a cost per click rate, or a monthly base charge. h. Legacy Devices i) Upon request from the Purchasing Entity, Contractor may provide a Maintenance Agreement on any Device that is owned or was leased or rented through Master Agreement (RFP-NP-18-001), Master Agreement (3091), or via any other means, providing the following conditions are met: 1) The Device has not reached the end of its Useful Life; 2) The maximum term of the Maintenance Agreement does not RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 41 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD exceed the Useful Life of the Device, unless otherwise specified in a Participating Addendum; and 3) The Maintenance Agreement adheres to the same requirements as outlined in sections ILA (9.2)(f) and ILA (9.2)(g). ii) Devices that were previously serviced by another Dealer or Manufacturer must be inspected and repaired, if necessary. Upon mutual agreement, Contractor may charge Purchasing Entity for any parts and/or labor required to bring the Device up to acceptable maintenance levels. iii) If the Device has been at the Purchasing Entity's location for less than five (5) years, then Maintenance Agreement pricing shall not exceed the new Master Agreement pricing, until the Purchasing Entity reaches the five (5) year mark. Refer to section ILA (9.2)(h)(iv) below for additional information. iv) If the Device has been at the Purchasing Entity's location for more than five (5) years, then Maintenance Agreement pricing shall not exceed 120% of the Service and Supply pricing in the new Master Agreement. B. Ancillary Product and Service Offerings 1. Sub-Group Categories. The following Products and Services are sub-groups of the Primary Product and Service Offering Groups. 1.1 Sub-Group G1 — Software Related Services. This is a sub-group of Group G — Software. This sub-group shall include, but not be limited to, the following Services: a. Cloud-based scanning (software as a service, enterprise content management); and b. Industrial Print solutions (back-file conversion, enterprise content management). 1.2 Sub-Group C1 — Standalone Production Devices. This is a sub-group of Group C— Production Equipment. Products offered under this sub-group are not restricted to OEM, and may include, but not be limited to, the following: a. Cutters; b. Inline Finishers; c. Folders; d. Sorters; e. UV Coaters; and f. Binders. 1.3 Sub-Group C2 — Industrial Print Equipment. This is a sub-group of Group C — Production Equipment. Products offered under this sub-group are not restricted to OEM, and may include, but not be limited to, the following: a. Digital Label Press; b. Digital Press; RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 42 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD c. 3D Printers; d. 48" and larger Wide Format Printers (roll-fed, hybrid, flatbed); e. Continuous Feed Inkjet; f. High Speed Inkjet; and g. Decorative Print & Embellishment. 1.4 Sub-Group D1 — Specialty Printers. This is a sub-group of Group D — Single- Function Printers. Products offered under this sub-group are not restricted to OEM, and may include, but not be limited to, the following: a. Barcode labels; b. High Volume Inkjet; c. 3D Printers; d. Receipt printers; e. Card printers; and f. Cable printers. 2. Sub-Group Category Discounts. Products in Sub-Groups C1, C2 and D1 must be discounted at a minimum of 5% for OEM and a minimum of 2% for Non-OEM, unless such discounts would exceed the discount amount offered for OEM and Non-OEM within Group C and Group D, respectively. 3. Open Market Items 3.1 Contractor may offer Not Specifically Priced (NSP) items that compliment or enhance the Devices and/or Services offered under the Master Agreement. NSP items will not include: a. Interactive White boards; b. Computers, monitors, or other related hardware items; c. Fax machines; d. Kiosk machines; e. Overhead Projectors; and f. Cameras. 3.2 NSP items may only be acquired through the Contractor or their Authorized Dealer and must be reported quarterly with all other sales under the Master Agreement. 3.3 NSP items must be priced at a minimum discount of 15% from MSRP or List Price. 3.4 NSP items may be offered to a Purchasing Entity as a stand-alone option, and the maximum allowable amount of all NSP items in a single Order shall be determined by the Participating State or Entity. 3.5 It shall be at the discretion of the Participating State or Entity to allow Open Market Items in their Participating Addendum. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 43 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 4. Emerging Technologies 4.1 Upon approval from the Lead State, Contractor may add new, related technology to the resulting Master Agreement. 4.2 Technology is not restricted to OEM, nor is it required to be Private Labeled. 4.3 Any new technology that a Contractor requests to add to their Price List must contain a full description of the Product, the MSRP and pricing information, and an explanation/justification as to how the Product conforms to the requirements of the RFP and Master Agreement. 4.4 Any new technology must be priced according to the lowest discount offered for any Product under the Master Agreement. No discount or a 0% discount does not qualify as a "lowest" discount. III. Purchase and Lease Programs A. Acquisition Methods. Contractor may offer the following: Financial Vehicle Standard Terms Offered Purchase N/A Fair Market Value Lease 12,18, 24, 36, 48 and 60 Capital Lease months Straight Lease 1. All Devices on Contractor's Price List may be purchased or leased, either as a packaged- deal, or stand-alone item. B. Device Trade-In 1. A Purchasing Entity shall have the option, at the Contractors sole discretion, and based upon Participating State or Entity regulations and laws, and Purchasing Entity policies, to do a Device Trade-In, when placing a purchase or lease Order. 2. The value for the Device Trade-In shall be negotiated by the Purchasing Entity and the Contractor, and shall not include any disposal or shipping fees. C. Lease Rates 1. Contractor may elect to include property tax in their lease rates, or they may bill the Purchasing Entity separately for property tax. 2. Once a Purchasing Entity enters into a lease agreement, the lease rate must remain fixed throughout the Initial Lease Term, regardless of whether the Contractor had increased their lease rates in the Master Agreement Price Lists. If Contractor has decreased their lease rates in their Price Lists, then they may extend that lower rate to the Purchasing Entity. 3. Device Payments for Renewal Terms must never exceed Master Agreement pricing. 4. If a Purchasing Entity enters into a Renewal Term, then the Device Payment will be subject to the lease rates listed in the most recent Price Lists posted on the NASPO ValuePoint website. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 44 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 5. Contractor may update lease rates on a quarterly basis to allow for changes in the financial market. The rates must be indexed against the US Daily Treasury Yield Curve Rates, or a comparable index, and must be the rate in effect at the end of each calendar quarter. 6. Lease rates must be proposed as a decimal multiplying factor in such a manner that the purchase price of the Device may be multiplied by the lease rate to arrive at the resulting monthly Device Payment. Proposed rates must include the following information: 6.1 The Daily Treasury Yield Curve (or comparable index) Rate; 6.2 The date used for the Daily Treasury Yield Curve (or comparable index) Rate; a. The fixed margin for each lease type being proposed, and how that margin is determined; and b. The methodology for determining the 48 month base rate if a 4-year rate is not published. 6.3 Contractor must offer Coterminous lease rates to any Purchasing Entity wishing to add Products to an existing lease agreement. The calculation for the Coterminous lease rates must adhere to the following methodology: For example: A customer enters into a 36 month FMV Lease, and 12 months into that lease, they decide to add an Accessory to the Base Unit. The Contractor shall divide the 36 month cumulative Device Payment by 24 months to arrive at the monthly Coterminous payment for that Accessory. That payment will then be added to the existing Device Payment. The new Total Monthly Payment must then be disclosed to the Purchasing Entity. D. Leasing Overview 1. All lease programs shall remain with the Contractor or Authorized Dealer through an in- house leasing program, or through the financial branch or subsidiary of Contractor. In addition, Contractor and their Authorized Dealer may use Third Party leasing companies, however; all Third Party leasing company documents must be reviewed and approved by the Lead State and said documents must be incorporated into the Master Agreement before any Participating State, Participating Entity, or Purchasing Entity can use them. It will be at the discretion of the Participating State, Participating Entity, or the Purchasing Entity as to whether billing shall be in the name of Contractor, Authorized Dealer or Third Party leasing company. All contractual obligations however, will still be the responsibility of the Contractor. 2. A Purchasing Entity may lease Devices pursuant to the terms and conditions in this Master Agreement, and according to the requirements listed in their states' Participating Addendum. 3. Lease agreements shall not be subject to automatic renewals. This is non-negotiable in any Particpating Addendum or Order. 4. A lease agreement issued prior to the termination of the Master Agreement and Participating Addendum, shall survive the termination of the Master Agreement and the Participating Addendum, and all terms and conditions of the Master Agreement and Participating Addendum shall continue to apply. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 45 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 5. With the exception of a $1 Buyout Lease arrangement, or unless exercising the purchase option on an FMV Lease, a Purchasing Entity shall return the Device at the end of the Initial Lease Term, or at the end of the Renewal Lease Term, or the Contractor may pick the Device up, without any further financial obligations to the Purchasing Entity. 6. Device pickups must be performed within thirty (30) calendar days of the end of the Initial or Renewal Term. 7. Device returns must be performed within thirty (30) calendar days after the Contractor or Authorized Dealer provides return shipping instructions to the Purchasing Entity. 8. If Purchasing Entity fails to make Device available for pickup after thirty (30) calendar days, then Contractor or Authorized Dealer may bill the Purchasing Entity, at the total monthly payment amount for such Device, for each month that the Device remains at Purchasing Entity's location. Contractor or Authorized Dealer is not permitted to bill the Purchasing Entity for failure of Contractor or Authorized Dealer to pickup the Device when Purchasing Entity has made it available. 9. Contractor and/or Authorized Dealers shall be responsible for all Device pickup and return costs. 10. The maximum term on any Initial Lease Term shall be 60 months. 11. The length of a Renewal Term shall be at the discretion of the Participating State or Entity, but at no time shall the Renewal Term exceed the Useful Life of the Device. 12. All Renewal Terms shall be billed on a monthly basis. 13. If a Purchasing Entity elects to enter into a month to month Renewal Term, they may cancel at anytime, without penalty, by giving Contractor thirty (30) days advance, written notice. 14. If a Purchasing Entity elects to enter into a 12-month Renewal Term, the Renewal Term will automatically terminate at the end of the 12-month period, unless the Purchasing Entity has notified the Contractor that they wish to enter into a new Renewal Term. If a Purchasing Entity wants to cancel their 12-month Renewal Term early, then early termination fees shall apply, and will be equivalent to the remaining stream of equipment payments only (i.e. less maintenance). E. Leasing Options 1. FMV Lease 1.1 A Purchasing Entity shall have the option to enter into an Initial Lease Term of 12, 18, 24, 36, 48, or 60 months for Group A, Group B, Group C, Sub-Group C1, Sub- Group C2, Group D, Sub-Group D1, Group E, and Group F, based upon the Contractor's available options, and at the discretion of the Participating State or Entity. 1.2 Upon the expiration of the Initial Lease Term, a Purchasing Entity may do one of the following: a. Exercise their purchase option; RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 46 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD b. Renew the lease on a month to month basis, or a 12 month basis, at the discretion of the Participating State or Entity; or c. Return the Device to the Contractor, or have the Contractor pick the Device up. 2. Capital Lease ($1 Buyout Lease) 2.1 A Purchasing Entity shall have the option to enter into an Initial Lease Term of 12, 18, 24, 36, 48, or 60 months for Group A, Group B, Group C, Sub-Group C1, Sub- Group C2, Group D, Sub-Group D1, Group E, and Group F, based upon the Contractor's available options, and at the discretion of the Participating State or Entity. 2.2 Upon the expiration of the Initial Lease Term, the Contractor shall provide title to the Device to the Purchasing Entity, or as otherwise determined in a Participating Addendum or an Order, and the Purchasing Entity shall not be subject to any additional expense in order to assume possession of the Device. 3. Straight Lease 3.1 A Purchasing Entity shall have the option to enter into an Initial Lease Term of 12,18, 24, 36, 48, or 60 months for Group A, Group B, Group C, Sub-Group C1, Sub-Group C2, Group D, Sub-Group D1, Group E, and Group F, based upon the Contractor's available options, and at the discretion of the Participating State or Entity. 3.2 Upon the expiration of the Initial Lease Term, a Purchasing Entity may do one of the following: a. Renew the lease on a month to month basis, or a 12 month basis, at the discretion of the Participating State or Entity; or b. Return the Device to the Contractor, or have the Contractor pick the Device up. F. Leasing Terms and Conditions 1. Possession and Return of Leased Devices 1.1 The Purchasing Entity is responsible for risk of loss to the Devices while the Devices are in Purchasing Entity's possession. Purchasing Entity shall be relieved of all risks of loss or damage to the Devices during periods of transportation and de-installation. 1.2 Contractor or Authorized Dealer must notify a Purchasing Entity, in writing, of their End of Term (EOT)options at least sixty(60)days prior to the end of any Initial Lease Term. Such notification may include, but not be limited to, the following: a. Any acquisition or return options, based on the type of lease agreement; b. Any renewal options, if applicable; and/or c. Hard drive removal and surrender cost, if applicable. 1.3 If a Purchasing Entity desires to exercise a purchase, renewal, or return of the RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 47 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD Device, it shall give Contractor at least thirty (30) days written notice prior to the expiration of such lease term. Notwithstanding anything to the contrary, if Purchasing Entity fails to notify Contractor of its intent with respect to the exercise of a purchase, renewal, or return of the Device, the Initial Lease Term shall be terminated on the date as stated in the Order and removal of the Device will be mutually arranged, unless otherwise specified in an Order. 1.4 If the Purchasing Entity does not exercise the purchase or renewal option, it will immediately make the Device available to Contractor in as good of condition as when Purchasing Entity received it, except for ordinary wear and tear. 1.5 Contractor shall not impose any charges on the Purchasing Entity for the removal of the Equipment, with the exception of Group C and Sub-Group C1 and Subgroup C Devices, in which case Contractor may charge Purchasing Entity a mutually agreed upon price for special rigging. 2. Payment. The first scheduled payment (as specified in the applicable Order), will be due following the Acceptance of the Device(s), or such later date as Contractor may designate. The remaining payments will be due on the same day of each subsequent month, unless otherwise specified in the applicable Order. 3. Buyout to Keep Option. A Purchasing Entity must notify the Contractor or Authorized Dealer, in writing, at least thirty (30) days in advance, if they wish to exercise the Buyout to Keep option on an FMV or Capital Lease. A Buyout to Keep option is not available on a Straight Lease. 4. Buyout to Return Option. A Purchasing Entity must notify the Contractor or Authorized Dealer, in writing, at least thirty (30) days in advance, if they wish to exercise the Buyout to Return option on an FMV or Straight Lease, and return the Device to the Contractor in good working condition (ordinary wear and tear excepted). 5. Device Upgrade or Downgrade. A Purchasing Entity may do a Device Upgrade or Downgrade on a lease at anytime throughout the term of the lease agreement. The Purchasing Entity and the Contractor shall negotiate the price of the Device Upgrade or Downgrade, but at no time shall the total cost of the Device Upgrade or Downgrade be less than the remaining stream of Device Payments. 6. Non-appropriation of Funds. The continuation of any lease agreement will be subject to, and contingent upon, sufficient funds being made available by the Participating State Legislature and/or federal sources. The Purchasing Entity may terminate any such lease agreement, and Contractor waives any and all claim(s)for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the Purchasing Entity's funding sources are not available. 7. Assignment. Purchasing Entity has no right to sell, transfer, encumber, sublet or assign the Device or any lease agreement without Contractor's prior written consent (which consent shall not be unreasonably withheld). 7.1 Purchasing Entity agrees that Contractor may not sell or assign any portion of Contractor's interests in the Device and/or these Lease Terms or any Order for leases, without notice to Purchasing Entity even if less than all the payments have RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 48 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD been assigned. In that event, the assignee (the "Assignee") will have such rights as Contractor assigns to them, but none of Contractor's obligations (Contractor will keep those obligations) and the rights of the Assignee will not be subject to any claims, defenses or set offs that Purchasing Entity may have against Contractor. 7.2 No assignment to an Assignee will release Contractor from any obligations Contractor may have to Purchasing Entity. 8. Early Termination Charges Except in the case of Non-appropriation of funds, FMV, $1 Buyout, and Straight Leases shall be subject to an early termination charge, and shall involve the return of the Device (in good working condition; ordinary wear and tear excepted) by the Purchasing Entity to the Contractor. With respect to the Device, the termination charge shall not exceed the balance of remaining Device Payments (including any current and past due amounts), and with respect to Service or maintenance obligations, the termination charge shall not exceed four (4) months of the Service and Supply base charge or twenty-five percent (25%) of the remaining Maintenance Agreement term, whichever is less. 9. Default. Each of the following is a "default" under these lease terms: 9.1 Purchasing Entity fails to pay any payment or any other amount within forty-five (45) days (or as otherwise agreed to in a Participating Addendum) of its due date; 9.2 Any representation or warranty made by Purchasing Entity in these lease terms is false or incorrect and Purchasing Entity does not perform any of its obligations under these lease terms, and this failure continues for forty-five (45) days (or as otherwise agreed to in a Participating Addendum) after Contractor has notified Purchasing Entity; 9.3 Purchasing Entity or any guarantor makes an assignment for the benefit of creditors; 9.4 Any guarantor dies, stops doing business as a going concern, or transfers all or substantially all of such guarantor's assets; or 9.5 Purchasing Entity stops doing business as a going concern or transfers all or substantially all of Purchasing Entity's assets. 10. Remedies. If a Purchasing Entity defaults on a lease agreement, then Contractor, in addition to, or in lieu of, the remedies set forth in the Master Agreement, and Participating Addendum, may do one or more of the following, at the discretion of the Participating State or Entity: 10.1 Cancel or terminate any or all Orders, and/or any or all other agreements that Contractor has entered into with Purchasing Entity; 10.2 Require Purchasing Entity to immediately pay to Contractor, as compensation for loss of Contractor's bargain and not as a penalty, a sum equal to: a. All past due payments and all other amounts payable under the lease agreement; b. All unpaid payments for the remainder of the lease term, discounted at a rate RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 49 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD equal to three percent (3%) per year to the date of default; and c. Require Purchasing Entity to deliver the Device to Contractor per mutual arrangements. IV. Contractor Responsibilities and Tasks A. Service Requirements 1. Technicians. All technicians must be factory trained by the OEM and certified to Service the Devices. 2. Standard Service Levels. Participating States and/or Entities may negotiate their own Service Level Agreement (SLA) with the Contractor. The SLA, must, at a minimum, adhere to the following requirements: 2.1 End-User Training a. Purchasing Entity may request an initial one-hour training session for each Device ordered under the Contract. Contractor shall provide this initial training, free of charge, via one of the following delivery methods: On-site, web-based, or on-line. The delivery method selected for each Device will be at Contractor's sole discretion. Purchasing Entity should be advised that while this initial one-hour of free training shall be provided by Contractor at Purchasing Entity's request, Contractor will not provide substitutions (e.g. free supplies, deeper discounts, etc.) in lieu of this training. b. Purchasing Entity may also request an additional one-hour training session for technical support, which shall include network connectivity and print driver installation. This additional training shall be provided via a delivery method mutually agreed upon by Contractor and Purchasing Entity, and at a mutually agreed upon price. c. If Purchasing Entity elects to exercise the training option, then Contractor shall provide the training within ten (10) Business Days of Purchasing Entity's request. d. Contractor may offer additional on-site, one-hour training sessions for a flat rate fee. Additional charges for travel and per diem, if applicable, must be disclosed to the Purchasing Entity, and mutually agreed upon, prior to Order placement. e. Contractor must provide on-site or off-site operational training to designated Purchasing Entity personnel, until the personnel are able to operate the Device independently. Pricing for operational training shall be based on a flat rate fee. Additional charges for travel and per diem, if applicable, must be disclosed to the Purchasing Entity, and mutually agree upon, prior to Order placement. f. Contractor shall provide Device literature, user-manuals, and access to on- line resources, if available, at no charge to the Purchasing Entity. g. For Groups A, B, C, D, E, and Sub-Groups C1, C2, and D1, Contractor shall provide a no charge, toll-free end-user technical support number that Purchasing Entities can utilize for everyday minor troubleshooting (i.e. this RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 50 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD does not include network connectivity or print driver installation). A Purchasing Entity must be able to obtain assistance during Normal Business Hours. h. Contractor shall provide phone/technical support within two (2) hours of Purchasing Entity's request for assistance, providing such request, and subsequent support, falls within normal business hours. 2.2 Preventative Maintenance. Contractor must perform all Preventative Maintenance Services at the Manufacturer's suggested intervals, or as specified in an Order. Preventative Maintenance shall not be a requirement on desktop Devices. 2.3 Device Performance a. Device Downtime shall be computed from the time the Contractor is notified of Device failure until the time in which the Device is fully operational. b. Device Downtime due to lack of consumable Supplies is not acceptable. c. Contractor must provide daily communication to the Purchasing Entity regarding inoperable Devices, including updates regarding resolution timeframe, and any parts, Accessories, or Devices on back-order. 2.4 Loaner Device. If any Device in Group A or Group B is inoperable for two (2) Business Days, due to Device malfunction, as reasonably determined by Contractor, then Contractor shall provide the Purchasing Entity with: a. A loaner Device of similar speed and capabilities until such time as the inoperable Device is now operable; or b. At the discretion of the Participating State or Entity, provide the Purchasing Entity with off-site manned production capabilities, at the sole cost to the Contractor, to accomplish the work of the Device that is inoperable. c. If any Device in Group C or Sub-Groups C1 and C2 are inoperable for two (2) Business Days, due to Device malfunction, as reasonably determined by Contractor, then Contractor shall provide access to an off-site manned production facility as an accommodation to the Purchasing Entity. 2.5 Repair Parts a. Contractor shall guarantee the availability of repair parts for a minimum of five (5) years after the Purchasing Entity's Acceptance of any Device. b. All Device components, spare parts, application software, and ancillary Devices that are supplied under any resulting Master Agreement, must conform to Manufacturer specifications. c. Contractor shall be responsible for ensuring that any repair parts are operable and installed in accordance with Manufacturer specifications. d. Repair parts may be new, reconditioned, reprocessed or recovered. 2.6 Service Zones a. Unless otherwise specified in a Participating Addendum, Contractor shall RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 51 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD adhere to the following Service Call Response Times based on the distance that their Service Base Location is from the Purchasing Entity: Service Definition Response Time Zone Urban Within 60 miles 4 - 6 Hours Rural 60 — 120 miles 1 - 2 Business Days 120+ miles, or only Remote accessible by plane or 4—5 Business Days by boat b. Repair or replacement of parts and/or Devices shall occur within four (4) Business Days of Contractor arriving at Purchasing Entity's location, with the following exception: i) If Contractor is drop-shipping a new Device to replace a defective Device, then Purchasing Entity must receive the new Device within three (3) Business Days. c. Contractor(s) may charge different rates according to each Service Zone. 2.7 Service Logs a. Contractor shall maintain a Service log which describes the maintenance and repair Services provided for each Device. b. A no-cost copy of Service logs/reports must be provided to the Purchasing Entity or Participating State or Entity, within five (5) Business Days of the request. 2.8 Device Relocation a. Device relocation Services include dismantling, packing, transporting, and re- installing Device. b. Contractor may charge for this Service based on the following table: However, additional relocation charges may be charged for Group C and Sub-Group C1 and C2 Devices. Service Distance from current Charge Zone placement of Device 1 Within the same building No Charge Allowed* Up to 50 miles from building in Flat Rate Fee, plus 2 which Device is currently placed Per Mile or Hourly Fee More than 50 miles from Flat Rate Fee, plus 3 building in which Device is Per Mile or Hourly currently placed Fee *Contractor may charge Purchasing Entities a mutually agreed upon price for special rigging in the event a Purchasing Entity's demographics require such rigging for Zone 1 relocations. The price shall be agreed upon in writing by Contractor and Purchasing Entity prior to any Device relocation in Zone 1. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 52 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD c. Contractor may not charge for any fees incurred due to fuel or tolls. d. Moves must be performed within thirty (30) calendar days of the Purchasing Entity request. Request may be verbal or written, but Contractor must confirm the request in writing and provide a date that the move will occur. Written confirmation must be sent to the Purchasing Entity within three (3) Business Days of request. In the event that there will be a delay in these Services, Contractor shall communicate with Purchasing Entity and agree on a mutually beneficial time-frame. e. Contractor is required to offer Device relocation services for all leased Equipment. 3. Meter Read Invoicing 3.1 In order for Contractor to generate accurate invoices, Purchasing Entities shall provide meter reads within the Contractor's requested time-frame. 3.2 Invoices that are generated without receiving the proper meter read information from the Purchasing Entity will not be considered inaccurate. 3.3 The Purchasing Entity shall provide written notice of any such alleged invoicing issue and the Contractor will be allowed a thirty (30) day cure period to address any such issue. During the thirty (30) day cure period, the Purchasing Entity will not be assessed any late fees for failure to submit payment by the invoice due date. 3.4 Failure on the Contractor's part to maintain accurate invoicing shall result in a $25.00 per instance credit on the following month's invoice. 4. Reporting 4.1 Service Level Calculations a. At the discretion of the Participating State or Entity, Contractor shall produce reports that can be measured against the required SLA components. b. The Participating State or Entity shall determine how the reports will be utilized and whether liquidated damages will be assessed for failure to meet the SLA requirements. Any liquidated damages or penalty structure shall be defined in the Participating State or Entity's Participating Addendum. 4.2 Periodic Reporting. Contractor shall provide periodic reporting to all Purchasing Entities upon request. The reports shall be provided on a quarterly basis, or at the discretion of the Participating State or Entity. a. The report shall include the following: i) Number of Service Calls placed; ii) Response Time per Device; iii) Dates that Preventative Maintenance was performed, if applicable; and iv) Estimated end of Useful Life per Device, based on current usage. b. The report may include, but not be limited to, the following: RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 53 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD i) Location of Devices; ii) Click usage per Device; and iii) EPEAT certification level of each Device. B. Customer Service 1. Key Personnel. Contractor shall ensure that staff has been allocated appropriately to ensure compliance with the resulting Master Agreement and subsequent Participating State or Entity requirements and that the individuals occupying the Key Personnel positions have adequate experience and knowledge with successful implementation and management of a national cooperative contract. Contractor shall provide a single point of contact for the following: 1.1 Master Agreement Contract Administrator — shall be the Lead State's primary contact in regards to Contract negotiations, amendments, Product and Price List updates, and any other information or documentation relating to the Master Agreement; 1.2 NASPO ValuePoint Reporting Contact — shall be responsible for submitting quarterly reports and the quarterly Administrative Fee to the appropriate personnel; 1.3 Master Agreement Marketing Manager — shall be responsible for marketing the resulting Master Agreement, as well as creating Participating State websites, and ensuring that all uploaded data and content is current; and 1.4 National Service Manager — shall be responsible for overseeing the Regional Service Managers, Field Service Technicians, training, and inside Service operations. This position will work with the Lead State Contract Administrator to ensure contractual obligations are met, while providing leadership for the Contractor's operations, as well as strategic planning of the Service department. 2. Single Point of Contact. Contractor shall provide a single point of contact for each Participating State, who will handle any questions regarding the Products provided, as well as pricing, delivery, billing, reporting, status of Orders, customer complaints and escalated issues. 3. Service and Support Hours. Contractor must provide full Service and support for Products during Normal Business Hours. 4. Customer Service Team. Contractor shall also have a designated customer service team who shall be available by phone (via local or toll free number), fax, or email during Normal Business Hours. 5. Additional Coverage. Contractor may offer additional coverage beyond Normal Business Hours for any Device that needs to be serviced. Such coverage shall be billed to the Purchasing Entity at an hourly rate. 6. Online Access. Customer service representatives shall have online access to account information and be able to respond to inquiries concerning the status of Orders (shipped or pending), delivery, back-orders, pricing, Product availability, Product information, and account and billing questions. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 54 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD C. Authorized Dealers 1. Contractor can engage Authorized Dealers to provide Products and/or Services. 2. In the event a Contractor elects to use Authorized Dealers in the performance of the specifications, the Contractor shall serve as the primary Contractor, and shall be fully accountable for assuring that their Authorized Dealers comply with the terms and conditions of the resulting Master Agreement, and any Participating Addendum, and shall be liable in the event Authorized Dealers fail to comply with such terms and conditions. 3. Authorized Dealers shall be expected to stay current with Contractor Products, pricing, Master Agreement, and Participating Addendum requirements, and Contractor shall provide training to all of their Authorized Dealers at least once per calendar year, or as otherwise determined by the Lead State. 4. Authorized Dealers shall have the ability to accept Orders from a Purchasing Entity and invoice them directly, unless otherwise stated in a Participating Addendum. 5. Contractor shall send notice to the Lead State, utilizing Exhibit C, Authorized Dealer Form and Exhibit D, Authorized Dealers by State, within three (3) calendar days of engaging or removing a Dealer. 6. The Lead State reserves the right to deny the addition of any Authorized Dealer and will provide notification to the Contractor with justification as to why the decision was reached. In addition, it will be at the discretion of each Participating State or Entity as to whether they will utilize the Authorized Dealers as approved by the Lead State. Under no circumstances is a Participating State or Entity permitted to use a Dealer that has not been approved by the Lead State. 7. If an Authorized Dealer is performing unsatisfactorily, or is not in compliance with the Master Agreement, then it shall be at the discretion of the Lead State, upon recommendation from the Participating State, to: 7.1 Require the Dealer to attend remedial training with either the Contractor or the Lead State or; 7.2 Remove the Dealer from the Contract, or in the case of multiple branch locations in one state, or multiple states, remove them as a Dealer from the location in which they are not in compliance. D. Device Demonstration Requirements 1. Contractor may offer trial or demonstration Devices for Group A, Group B, Group C, Sub- Group C1, Sub-Group C2, Group D, Sub-Group D1, Group E, and Group F. 2. Trial or demonstration Devices may be new or used; however, no used, Remanufactured, or Refurbished Devices shall be converted to a purchase or lease. 3. At the discretion of the Participating State or Entity, and upon request by a Purchasing Entity, showroom Devices for Groups A, B, and C may be converted to a purchase or lease, providing the following conditions are met: 3.1 The meter count on Group A and Group B Devices does not exceed 10,000 copies total (i.e. Mw and color combined); RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 55 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 3.2 The meter count on Group C Devices does not exceed 50,000 copies total (i.e. b&w and color combined); 3.3 The Device must be discounted by at least 5% off of the Master Agreement pricing for that same Device; and 3.4 The Purchasing Entity and the Contractor indicate on the Order that the Device is a showroom model. 4. Any trial or demonstration period shall be free to the Purchasing Entity and shall not exceed thirty (30) calendar days. 5. If Purchasing Entity does not make the demonstration Device available for pickup after thirty (30) calendar days, then Contractor may bill the Purchasing Entity for use of Device for each day that it remains at Purchasing Entity's location. Such rates shall not exceed current market standards. E. Device Installation Requirements 1. Prior to Order Acceptance, Contractor must advise Purchasing Entity of any specialized installation and site requirements for the delivery and installation of Device. This information should include, but is not limited to, the following: 1.1 Air conditioning; 1.2 Electrical; 1.3 Special grounding; 1.4 Cabling; 1.5 Space; 1.6 Humidity and temperature limits; and 1.7 Other considerations critical to the installation. 2. The Purchasing Entity shall be responsible for furnishing and installing any special wiring or dedicated lines. 3. Network installation shall include configuration of the Device for the proper network protocols, and installation of the appropriate print drivers on up to five (5) computers per Device, or as otherwise specified in a Participating Addendum. 4. If applicable, all Devices must be set-up with Preventative Maintenance notifications turned on, and with the most environmentally responsible defaults enabled, including Energy Star saving settings. 5. Contractor may charge for excessive installation requirements, including rigging, access alterations, and access to non-ground floors via stairs. Any such excessive installation charges must be quoted to the Purchasing Entity prior to the signature of any Order, and shall be based on the actual expenditures of Contractor or Authorized Dealer. 6. Contractor or Authorized Dealers shall affix a label or a decal to the Device at the time of installation which shows the name, address, and telephone number of Contractor or Authorized Dealer responsible for warranty Service of the Device. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 56 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 7. Contractor shall clean-up and remove all debris and rubbish resulting from their work as required by the Purchasing Entity. Upon completion of the work, the premises shall be left in good repair and in an orderly, neat, clean, and unobstructed condition. F. Security Requirements 1. Network and Data Security 1.1 Devices may be configured to include a variety of data security features. The set- up of such features shall be at the discretion of the Purchasing Entity, and all costs associated with their implementation must be conveyed by Contractor prior to Order placement. 1.2 Contractor will not be permitted to download, transfer, or access print data stored on the Device in either hard drive or chip memory. Only system management accessibility will be allowed. 1.3 Contractor shall ensure that delivery and performance of all Services shall adhere to the requirements and standards as outlined in each Participating State or Entity's Participating Addendum. 2. Sensitive Information. Sensitive information that is contained in any Legacy Devices or applications shall be encrypted if practical. In addition, sensitive data will be encrypted in all newly developed applications. Since sensitive information is subjective, it shall be defined by each Participating State or Entity in their Participating Addendum. 3. Data Breach. Contractor shall have an incident response process that follows National Institute of Standards and Technology (NIST) standards as referenced in the NIST Computer Security Incident Handling Guide, which can be downloaded at htts;//w nest. ov/publications/cr�mputer-security®incident-hanling-guie, and it shall include, at a minimum, breach detection, breach notification, and breach response. Further, Contractor shall notify the impacted Purchasing Entity within 72 hours of learning of such breach. 4. Authentication and Access 4.1 Any network connected Device must offer authentication for all features via LDAP and/or Windows AD, as well as the ability to disable authentication for any or all features. 4.2 Any network connected Device must have the ability to connect via Dynamic Host Configuration Protocol (DHCP) or Static IP address. 4.3 The credential information for any remote authentication method may not be maintained within the Device's memory. 4.4 Access to the Device's administrative functions must be password protected per the Participating State or Entity requirements, and the default settings must be changed at the time of Device installation. 5. Hard Drive Removal and Surrender 5.1 Contractor shall ensure that all hard drive data is cleansed and purged (if capable) RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 57 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD from the Device at the end of its Useful Life, or when any hard drive is repossessed by Contractor; or 5.2 At the Participating State or Entity's discretion, Contractor shall remove the hard drive from the applicable Device and provide the Purchasing Entity with custody of the hard drive before the Device is removed from the Purchasing Entity's location, moved to another location, or any other disposition of the Device. The Purchasing Entity shall then be responsible for securely erasing or destroying the hard drive. 5.3 If Contractor takes possession of any Device at a Purchasing Entity's location, then they shall also remove any ink, toner, and associated Supplies (drum, fuser, etc.) and dispose of them in accordance with applicable law, as well as environmental, and health considerations, or as otherwise specified in a Participating Addendum. 5.4 Hard drive sanitation shall be at no expense to the Purchasing Entity, however; Contractor may charge the Purchasing Entity a fee if the Purchasing Entity elects to keep the hard drive in their possession. Contractor must disclose the price for removal and surrender of the hard drive, prior to Order placement. 5.5 If the hard drive is not removable, or the Device does not contain a hard drive, then Contractor must convey this to the Purchasing Entity at the time of Order placement. In the case of a non-removable hard drive, section IV.I (5.1) shall apply. 5.6 If Contractor is removing another Manufacturer's Device, they are not permitted to remove the hard drive. Only the Manufacturer or their Authorized Dealer shall remove hard drives in their own Devices. Contractor shall work with the Manufacturer to ensure the requirements pursuant to this section are met. G. Contractor Notices. Contractor shall notify the Lead State, Participating States, Participating Entities and all Purchasing Entities of any recall notices, warranty replacements, safety notices, or any applicable notice regarding the Products being sold. This notice must be received in writing (via postal mail or email) within thirty (30) calendar days of Contractor learning of such issues. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 58 DocuSign Envelope ID: 1698EEIC-AF75-463A-B171-3737ECF7FEBD EXHIBIT B — SAMPLE D&A CERTIFICATE NASPO VALUEPOINT MASTER AGREEMENT NO. AND THE STATE OF Insert Name of Participating State PARTICIPATING ADDENDUM NO. WITH Insert Name of Contractor To: Insert Name of Contractor or Authorized Dealer Pursuant to the provisions of the Master Agreement and Participating Addendum, Purchasing Entity hereby certifies and warrants that (a) all Equipment described in the Order has been delivered and installed; (b) Purchasing Entity has inspected the Equipment, and all such testing as it deems necessary has been performed by Purchasing Entity and/or Contractor to the Satisfaction of Purchasing Entity; and (c) Purchasing Entity accepts the Equipment for all purposes of the Order. Insert name of Purchasing Entity By: Title: Date: RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 59 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD EXHIBIT C — AUTHORIZED DEALER FORM Manufacturer Name: (Check one) ❑ The Dealer listed below is authorized to provide Products and Services in accordance with the NASPO ValuePoint Multi-Function Devices and Related Software, Services and Cloud Solutions Master Agreement. ❑ The Dealer listed below will no longer provide Products and Services under the NASPO ValuePoint Multi- Function Devices and Related Software, Services and Cloud Solutions Master Agreement for the following reason (required): State(s) Serviced by Dealer: Dealer Name: Address: Phone (include Toll-Free, if available): Contact Person(s): Email Address: FEI N: Signed: Date: (Contractor Representative) Signed: Date: (Authorized Dealer Representative) (Print First and Last Name of Authorized Dealer Representative) RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 60 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD EXHIBIT D - AUTHORIZED DEALERS BY STATE Exhibit D- Authorized Dealers b) RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 61 DocuSign Envelope ID: 1698EEIC-AF75-463A-B171-3737ECF7FEBD EXHIBIT E — SAMPLE MPS STATEMENT OF WORK Agency/Customer: F Contractor: Contact Name: F Contact Name: Address: Address: En;iIF Email: Phone: F Phone: Fax: F Fax: Contractor website: Print Assessment Period of Date: Performance: Statement of Work must incorporate the following documents: NASPO ValuePoint Master Agreement# 140602 (Imbed document here] Participating Addendum # [Imbed document here] [Contractor's Print Assessment [Imbed document here] Statement of Work, at a minimum, must include the following elements: 1. Introduction: Describe your current environment. What is your inventory, including owned, rented, or leased Devices? 2. Scope: Include Project scope (i.e. single function, multi function printers etc.) and software 3. Out of Scope: This Project does not cover the following functions or deliverables: 4. Objective: The main objective of this project is: System and procedures will be set up to allow: 5. Location: Enter all physical locations of where work will be performed 6. Discovery/Assessment: Contractor will be required to discover/assess Purchasing Entity print environment as described below: RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 62 DocuSign Envelope ID: 1698EEIC-AF75-463A-B171-3737ECF7FEBD Deliverables: Describe the deliverables for Discovery/Assessment Checkpoints: Describe the checkpoints for Discovery/Assessment 7. Data Security Include description of data security requirements 8. Data Breach Describe any data breach requirements 9. Equipment Guarantees Describe downtime, on-site service, response time etc. (Note: this section must, at a minimum, adhere to the same requirements as outlined in the Master Agreement and/or Participating Addendum) 10. End of Life/Equipment replacement Insert description of end of lif%quipment replacement process 11. Implementation: Deliverables: Describe the deliverables for Implementation Checkpoints: Describe the checkpoints for Implementation User Acceptance Testing: Describe User Acceptance Testing for Implementation Production Rollout: Describe the Production Rollout for Implementation 12. Contractor Staff and Support Describe Contractor staff roles and their availability 13. Purchasing Entity Roles and Responsibilities Insert description of Purchasing Entity Roles and Responsibilities including: Contacts: Project Manager End-User Representative System Administrator Technical Support General and Technical Responsibilities: Insert description of Purchasing Entity Roles and Responsibilities 14. Performance Penalties Insert description of Contractor Performance Penalties RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 63 DocuSign Envelope ID: 1698EEIC-AF75-463A-B171-3737ECF7FEBD 15. Payment Describe billing cycles and invoice information This Agreement is entered into by and between the [Purchasing Entity], located at[Agency address]and [Contractor] licensed to conduct business in the State of ("Contractor"), located at [Contractor address]for the purpose of providing Managed Print Services. The signatories to this Managed Print Services Agreement represent that they have the authority to bind their respective organizations to this Agreement. In Witness Whereof, the parties hereto, having read this Managed Print Services Agreement in its entirety, including all attachments, have executed this Agreement. This Agreement is effective this day of , 2 Initial term of this Agreement is year(s) or until Maximum term of this Agreement is five (5) years, or until Contractor Signature Date Purchasing Entity Signature Date Contractor or Authorized Dealer Printed Name,Title Purchasing Entity Printed Name,Title RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 64 oocusign Envelope ID: 1oeosE1o+F7s-4onp~aI71-37orECp7FEeo ATTACHMENT 1 — CANON LEASE AGREEMENT C~��~~~�~ ��P�� E� ��K�� N��u�v�o,INC,u=�� NUMBER CUSTOMER�FULL LEGAL NAME) DBA PHONE BILUNG ADF RESS CITY COUNTY STATE ZIP EQUIPMENT ADDRESS CITIY COUNTY STATE ZIP EQUIPMENT INFORMATION NUMBER AND AMOUNT OF PAYMENTS Quanw Serial Number MakelModel/Description Number Df Payments Tortat Payment* *Plus Applicable Taxes TERM PAYMENTFREQUENCY TYPE OF LEASE (in months) 1711VIonthly FQuarterly ROther. D Fair Market Value 1] Straight Lease n capital Lease THIS AGREEMENT IS NON-CANCELABLE BY CUSTOMER EXCEPT AS DESCRIBED IN THE FISCAL FUNDING PROVISION HEREIN. CUSTOMER REPRESENTS THAT ALL ACTION REQUIRED TO AUTHORIZE THE EXECUTION OF THIS AGREEMENT ON BEHALF OF CUSTOMER BY THE FOLLOWING SIGNATORIES HAS BEEN TAKEN.THE UNDERSIGNED HAS READ,UNDERSTANDS AND HEREBY AGREES TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. COMMENTS AUTHORIZED CUSTOMER SIGNATURE By:X Tile Printed Name: Email Address: Printed Name: Email Address: ACCEPTANCE CERTIFICATE Customer certifies that(a)the Equipment referred to in this Agreement has been received,(b)installation has been complete d,(c)the Equipment has been examined by Customer and is in good operating order and condition and is,in all respects,satisfactory to Customer,and(d)the Equipment is irrevocably accepted by Customer for all purposes under this Agreement.Accordingly,Customer hereby authorizes billing under this Agreement. Signature: Printed Name: Title(if any): Date: TERMS AND CONDITIONS 1. AGREEMENT: CFS leases toCustomer, and Customer leases from CFS, with its place of business at 158 Gaither Drive, Suite 200, Mount Laurel, New Jersey 08054, all the equipment described above, together with all replacement parts and substitutions for and additions to such equipment ("Equipment"), upon the terms and conditions set forth in this NASPO Lease Agreement('Y\greement'). 2. TERM OF AGREEMENT: This Agreement shall be effective on the date the Equipment is delivered to Customer ("Commencement Date''). provided Customer executes CFS'fonn of acceptance ("Acceptance Cartifioote'')or otherwise accepts the Equipment aa specified herein. The term of this Agreement begins on the Commencement Date nr any later date that CFS designates ('Y\greementD "), and shall consist of the payment periods specifiedabovoandany renewal periods. After acceptance of the Equipmant. Customer shall have no right to revoke such acceptance or oanua| this Agreement during the term heneof, except as set forth herein. The term of this Agreement shall end, un|oaa sooner terminated by CFS after an event of default or under the Fiscal Funding provision, when all amounts required to be paid by Customer under this Agreement have been paid as provided. Except as provided herein, Customer has no right to return the Equipment to CFS. 3. RENEWAL OF LEASE; RETURNS OR PURCHASES OF EC%U|9K8ENT| BUYOUTS: Leases shall not be subject to automatic renewals, except as hereafter provided. With the exception of a Capital Lease arrangement, or unless exercising the purchase option on an FMV Lease, Customer shall return the Equipment at the end of the initial lease term, or at the end of the Renewal Lease Term, or CFS may pick the Equipment up, without any further financial obligations to Customer. FMV1~easel Upon expiration of the initial lease term. Customer may do one of the following: (1) Exercise its purchase option, or; (2) Renew the lease on a month to month basis, or a 12-month basis, at the discretion of Customer, or; (3) Return the Equipment to CFS, or have CFS pick the Equipment up. Capital Leases Upon the expiration of the initial lease term, CFSaha|| provide title bothe Equipment to the Customer, oraootherwise detarminedinaNASP(]Va|uePuintPadioipaUngAddendum (''PartioipadngAddondum''). andCuetomereha|| notba subject to any additional expense in order to assume poeeaeeinn of the Equipment. Straight Leases Upon the expiration RFP-NP'25'001. Multi-Function Devices and Related Software, Services and Cloud Solutions 65 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD of the initial lease term, Customer may do one of the following: (1) Renew the lease on a month to month basis, or a 12- month basis, at the discretion of Customer, or; (2) Return the Equipment to CFS, or have CFS pick the Equipment up. If Customer desires to exercise a purchase, renewal, or return of the Equipment, it shall give CFS at least thirty(30) days written notice prior to the expiration of such lease term. Notwithstanding anything to the contrary, if Customer fails to notify CFS of its intent with respect to the exercise of a purchase, renewal, or return of the Equipment, the initial lease term shall be terminated on the date as stated in the Order and removal of the Equipment will be mutually arranged, unless otherwise specified in a Participating Addendum. Notwithstanding the foregoing, if Customer fails to notify CFS at least thirty(30) days prior to lease termination of a digital press Production Device and/or Industrial Print Equipment, then the lease will automatically renew on a month-to-month basis until Customer notifies CFS of its intent. In such a case, the automatic renewal term shall not exceed a maximum of 12 monthly payments. At which point in time, CFS will make arrangements to pick up the Equipment from Customer. If Customer does not exercise the purchase or renewal option, it will immediately make the Equipment available to Contractor in as good of condition as when Customer received it, except for ordinary wear and tear. Equipment Payments for renewal terms shall never exceed Master Agreement pricing. If Customer enters into a renewal term, then the Equipment Payment will be subject to the lease rates listed in the most recent Price List(s) posted on the NASPO ValuePoint website. Customers under FMV or Capital Leases shall have a Buyout to Keep Option. Customers under FMV, Capital or Straight Leases shall have a Buyout to Return Option. The Buyout to Return Option price shall be the Remaining Lease Balance (as hereinafter defined). The Buyout to Keep Option shall be the Remaining Lease Balance, less the Fair Market Value (as hereinafter defined). Customer must notify the CFS, in writing, at least thirty(30) days in advance, if it wishes to exercise the Buyout to Keep option on an FMV or Capital Lease. Customer must notify CFS, in writing, at least thirty(30) days in advance, if it wishes to exercise the Buyout to Return option on an FMV, Capital or Straight Lease, and return the Equipment to CFS in good working condition (ordinary wear and tear excepted). 4. PAYMENTS: Customer agrees to pay to CFS, as invoiced, during the term of this Agreement the payments specified under"Number and Amount of Payments" above ("Payments"). Such Payments are comprised of the principal and interest thereon. Customer's obligation to pay all amounts due under this Agreement and all other obligations hereunder shall be absolute and unconditional and is not subject to any abatements, set-off, defense or counterclaim for any reason whatsoever. 5. APPLICATION OF PAYMENTS: All Payments received by CFS from Customer under this Agreement will be applied to amounts due and payable hereunder chronologically, based on the date of the charge as shown on the invoice for each such amount, and among amounts having the same date in such order as CFS, in its discretion, may determine. 6. NO CFS WARRANTIES: CUSTOMER ACKNOWLEDGES THAT CFS IS NOT A MANUFACTURER, DEALER, OR SUPPLIER OF THE EQUIPMENT. CUSTOMER AGREES THAT THE EQUIPMENT IS LEASED "AS IS"AND IS OF A SIZE, DESIGN AND CAPACITY SELECTED BY CUSTOMER. CUSTOMER ACKNOWLEDGES THAT CFS HAS MADE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OR DURABILITY OF THE EQUIPMENT, THE ABSENCE OF ANY CLAIM OF INFRINGEMENT OR THE LIKE, OR ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED,WITH RESPECT TO THE EQUIPMENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any warranty with respect to the Equipment made by the manufacturer, dealer, or supplier is separate from, and is not a part of, this Agreement and shall be for the benefit of CFS, Customer and CFS' successors or assignees, if any. So long as Customer is not in breach or default of this Agreement, CFS assigns to Customer any warranties (including those agreed to between Customer and the manufacturer, dealer, or supplier)which CFS may have with respect to any item of Equipment; provided that the scope and limitations of any such warranty shall be solely as set out in any agreement between Customer and such manufacturer, dealer, or supplier or as otherwise specified in warranty materials from such manufacturer, dealer, or supplier and shall not include any implied warranties arising solely from CFS' acquisition of the Equipment. CUSTOMER ACKNOWLEDGES THAT NEITHER THE SUPPLIER NOR ANY DEALER IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OF THIS AGREEMENT OR ANY SCHEDULE, OR TO MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THIS AGREEMENT OR THE EQUIPMENT ON BEHALF OF CFS. 7. NON-APPROPRIATION OF FUNDS: The continuation of any lease or rental agreement will be subject to, and contingent upon, sufficient funds being made available by the Participating State Legislature and/or federal sources. The Customer may terminate any such lease or rental agreement, and CFS waives any and all claim(s)for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the Customer's funding sources are not available. 8. ACCEPTANCE; DELIVERY: Customer's execution of the Acceptance Certificate, or other confirmation of Customer's acceptance of the Equipment, shall conclusively establish that the Equipment has been delivered to and accepted by Customer for all purposes of this Agreement and Customer may not for any reason revoke that acceptance; however, if Customer has not, within five (5) days after delivery of such Equipment, delivered to CFS written notice of non- acceptance, specifying the reasons therefor and specifically referencing this Agreement, Customer shall be deemed to have irrevocably accepted such Equipment. CFS is the lessor and Customer is the lessee of the Equipment under this Agreement. 9. LOCATION; LIENS; NAMES; OFFICES: Customer shall not move the Equipment from the location specified herein except with the prior written consent of CFS. Customer shall keep the Equipment free and clear of all claims and liens other than those in favor of CFS. Customer's legal name (as set forth in its constituent documents filed with the RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 66 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD appropriate governmental office or agency) is as set forth herein. The chief executive office address of Customer is as set forth herein. Customer shall provide CFS with written notice at least thirty (30) days prior to any change of its legal name or chief executive office address, and shall execute and deliver to CFS such documents as required or appropriate. 10. WARRANTY OF BUSINESS PURPOSE; USE; PERSONAL PROPERTY; FINANCING STATEMENTS: Customer represents and warrants that the Equipment will not be used for personal, family, or household purposes. Customer shall comply with all laws and regulations relating to the use and maintenance of the Equipment. Customer shall put the Equipment only to the use contemplated by the manufacturer. The Equipment shall remain personal property regardless of whether it becomes affixed to real property or permanently rests upon any real property or any improvement to real property. Customer authorizes CFS (and any third party filing service designated by CFS) to execute and file (a) financing statements evidencing the interest of CFS in the Equipment(including forms containing a broader description of the Equipment than the description set forth herein), (b) continuation statements in respect thereof, and (c) amendments thereto, and Customer irrevocably waives any right to notice thereof. 11. RESERVED. 12. MAINTENANCE; ALTERATIONS: Customer shall at all times maintain and keep in effect a service contract, through one of Contractor's Authorized Dealers under the NASPO ValuePoint Master Agreement("Master Agreement") or by other contractual arrangements, to keep and maintain the Equipment in good working order and to supply and install all replacement parts and accessories when required to maintain the Equipment in good working condition. Customer shall not, without the prior written consent of CFS, make any changes or substitutions to the Equipment. Any and all replacement parts, accessories, authorized changes to and/or substitutions for the Equipment shall become part of the Equipment and subject to the terms of this Agreement. 13. TAXES; OTHER FEES AND CHARGES: CUSTOMER SHALL PAY AND DISCHARGE WHEN DUE ALL LICENSE AND REGISTRATION FEES, ASSESSMENTS, SALES, USE AND OTHER TAXES, AND OTHER EXPENSES AND CHARGES, together with any applicable penalties, interest, and administrative fees now or at any time imposed upon any Equipment, the Payments, or Customer's performance or non-performance of its obligations hereunder, whether payable by or assessed to CFS or Customer. If Customer fails to pay any such fees, assessments, taxes, expenses or charges as required hereunder, CFS shall have the right but not the obligation to pay those fees, assessments, taxes, expenses and charges, and Customer shall promptly reimburse CFS, upon demand, for all such payments made plus administrative fees and costs, if any. Notwithstanding the generality of the foregoing, Customer shall not be liable for property taxes, which shall be the sole responsibility of CFS. 14. INSURANCE: Customer, at its sole cost and expense, shall, during the term hereof including all renewals and extensions, obtain, maintain and pay for(a) insurance against the loss, theft, or damage to the Equipment for the full replacement value thereof, and (b) comprehensive public liability and property damage insurance. All such insurance shall provide for a deductible not exceeding $5,000 and be in form and amount, and with companies satisfactory to CFS. Each insurer providing such insurance shall name CFS as additional insured and loss payee and provide CFS thirty(30) days' written notice before the policy in question shall be materially altered or canceled. Customer shall pay the premiums for such insurance, shall be responsible for all deductible portions thereof, and shall deliver certificates or other evidence of insurance to CFS. The proceeds of such insurance, at the option of CFS, shall be applied to (a) replace or repair the Equipment, or(b) pay CFS the "Remaining Lease Balance,"which shall be the sum of: (i)all amounts then owed by Customer to CFS under this Agreement; plus (ii) the present value of all remaining Payments for the full term of this Agreement; plus(iii) except in the case of Capital Leases, the Fair Market Value of the Equipment(as defined herein); plus (iv) any applicable taxes, and any expenses, charges or fees which may be payable as otherwise provided herein or in the Master Agreement or the applicable Participating Addendum. For purposes of determining present value, Payments shall be discounted at three percent (3%) per year. Customer hereby appoints CFS as Customer's attorney-in-fact solely to make claim for, receive payment of, and execute and endorse all documents, checks, or drafts for any loss or damage to Equipment under any such insurance policy. If within ten (10)days after CFS' request, Customer fails to deliver satisfactory evidence of such insurance to CFS, then CFS shall have the right, but not the obligation, to obtain insurance covering CFS' interests in the Equipment, and add the costs of acquiring and maintaining such insurance, and an administrative fee, to the amounts due from Customer under this Agreement. CFS and any of its affiliates may make a profit on the foregoing. 15. LOSS; DAMAGE: Customer assumes and shall bear the entire risk of loss, theft of, or damage to the Equipment from any cause whatsoever, effective upon delivery to the Customer, except that Customer shall be relieved of all risks of loss or damage to the Equipment during periods of transportation and de-installation. No such loss, theft or damage shall relieve Customer of any obligation with respect to its lease of the Equipment. If any Equipment is lost or stolen, Customer, at the option of CFS, will (a) replace the same with like equipment in a condition acceptable to CFS and convey clear title to such equipment to CFS (and such equipment will become "Equipment" and be subject to the terms of this Agreement), or(b) pay CFS the Remaining Lease Balance. Upon CFS' receipt of the Remaining Lease Balance, CFS shall transfer the applicable Equipment to Customer"AS-IS, WHERE-IS" without any representation or warranty whatsoever, except for title, and this Agreement shall terminate with respect to such Equipment. 16. DEFAULT: Any of the following events or conditions shall constitute an Event of Default under this Agreement: (a) Customer fails to pay any Payment within forty-five (45)days (or as otherwise agreed to in a Participating Addendum) of its due date; (b)Any representation or warranty made by Customer in these lease terms or in the Master Agreement is RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 67 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD false or incorrect and Customer does not perform any of its obligations under these lease terms or in the Master Agreement, and this failure continues for forty-five (45) days (or as otherwise agreed to in a Participating Addendum) after CFS has notified Customer; (c) Customer or any Guarantor becomes insolvent or makes an assignment for the benefit of creditors; (d)Any guarantor dies, stops doing business as a going concern, or transfers all or substantially all of such guarantor's assets; or(e) Customer stops doing business as a going concern or transfers all or substantially all of Customer's assets. 17. REMEDIES: If Customer defaults on a lease, then CFS, in addition to, or in lieu of, the remedies set forth in the Master Agreement, and Participating Addendum, may do one or more of the following: (a) Cancel or terminate the Order; (b) Require Customer to immediately pay to Contractor, as compensation for loss of Contractor's bargain and not as a penalty, a sum equal to the Remaining Lease Balance. 18. EXPENSES OF ENFORCEMENT: Customer shall reimburse CFS for all of its out-of-pocket costs and expenses incurred in exercising any of its rights or remedies hereunder or in enforcing any of the terms of this Agreement, including, without limitation, reasonable fees and expenses of attorneys and collection agencies, whether or not suit is brought. If CFS should bring court action, Customer and CFS agree that attorney's fees equal to twenty-five percent (25%) of the total amount sought by CFS shall be deemed reasonable for purposes of this Agreement. 19. ASSIGNMENT: (i) Customer has no right to sell, transfer, encumber, sublet or assign the Equipment or any lease agreement without Contractor's prior written consent(which consent shall not be unreasonably withheld). (ii) CFS may not sell or assign any portion of CFS' interests in the Equipment or any Order for leases, without notice to Customer even if less than all the payments have been assigned. In that event, the assignee (the"Assignee")will have such rights as CFS assigns to them, but none of CFS' obligations (CFS will keep those obligations) and the rights of the Assignee will not be subject to any claims, defenses or set offs that Customer may have against CFS. 20. DATA: Customer acknowledges that the hard drive(s) on the Equipment, including attached devices, may retain images, content or other data that Customer may store for purposes of normal operation of the Equipment ("Data"). Customer acknowledges that CFS is not storing Data on behalf of Customer and that exposure or access to the Data by CFS, if any, is purely incidental to the services performed by CFS. CFS does not have an obligation to erase or overwrite Data upon Customer's return of the Equipment to CFS. This section survives termination or expiration of the lease term under the applicable Order. The terms of this section are without limitation of Contractor's obligations with respect to Data under the Master Agreement, the applicable Participating Addendum, and the applicable Order. 21. MAXIMUM INTEREST; RECHARACTERIZED AGREEMENT: No Payment is intended to exceed the maximum amount of interest permitted to be charged or collected by applicable laws, and any such excess Payment will be applied to payments due under the applicable Order, in inverse order of maturity, and thereafter shall be refunded. If the lease under any Order is characterized as a conditional sale or loan, Customer hereby grants to CFS, its successors and assigns, a security interest in the Equipment to secure payment and performance of Customer's obligations under such Order. 22. UCC-ARTICLE 2A: CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT IS INTENDED AS A "FINANCE LEASE"AS THAT TERM IS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE ("UCC 2A") AND THAT CFS IS ENTITLED TO ALL BENEFITS, PRIVILEGES, AND PROTECTIONS OF A LESSOR UNDER A FINANCE LEASE. CUSTOMER WAIVES ITS RIGHTS AS A LESSEE UNDER UCC 2A SECTIONS 508-522. 23. WAIVER OF OFFSET: This Agreement is a net lease. If the Equipment is not properly installed, does not operate as represented or warranted, or is unsatisfactory for any reason, Customer shall make such claim solely against the supplier, dealer, or manufacturer. Customer waives any and all existing and future claims and offsets against any Payments or other charges due under this Agreement, and unconditionally agrees to pay such Payments and other charges, regardless of any offset or claim which may be asserted by Customer or on its behalf. 24. AUTHORITY AND AUTHORIZATION: Customer represents and agrees that (a) Customer is a state or a political subdivision, institution of higher education, or agency of a state; (b)that entering into and performance of the Agreement is authorized under Customer's state laws and Constitution and does not violate or contradict any judgment, law, order, or regulation, or cause any default under any agreement to which Customer is party; and (c) Customer has complied with any bidding requirements and, where necessary, has properly presented this Agreement for approval and adoption as a valid obligation on Customer's part. Upon request, Customer agrees to provide CFS with an opinion of counsel as to clauses (a)through (c) above, an incumbency certificate, and other documents that CFS may request, with all such documents being in a form satisfactory to CFS. 25. GOVERNMENT USE: Customer agrees that the use of the Equipment is essential for Customer's proper, efficient and economic operation, Customer will be the only entity to use the Equipment during the term of this Agreement and Customer will use the Equipment only for Customer's governmental purposes. Upon request, Customer agrees to provide CFS with an essential use letter in a form satisfactory to CFS as to the preceding sentence. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 68 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD ATTACHMENT 2 — CANON MAINTENANCE AGREEMENT Can 0-H MAINTENANCE AGREEMENT Related PO/Acquisition Agreement## Customer Account: . . - . . Customer Account: Purchasing Entity: Purchasing Entity: Address: Address: City: County: City: County: State: Zip: Phone#: State: Zip: Phone#: Contact: Fax#: Contact: Fax#: Email: For each unit of Equipment listed,you shall indicate specific contact and location(if different than above)in the table below or in any Addendum to this Agreement. Maintenance Billing Entity PO Required Meter Read Collection Options Base Charge: ❑ Dealer ❑Canon Financial Services,Inc.("CFS") ❑yes ❑No Remote Reporting Software unless noted in table below` Per Image Charge: ❑ Dealer ❑Canon Financial Services,Inc.("CFS") PO# Base Charge Billing Cycle Initial Term Coverage Plan ❑Monthly ❑Quarter) ❑Other Months y If adding the Equipment below to existing (min. 12) ❑Per Unit ❑Fleet ❑Aggregate an Aggregate,provide either a contract# or serial#under Aggregate. Excess Per Image*Charge Billing Cycle Price Plan Consumables Inclusive Toner Fulfillment Method ❑Monthly y ❑ ❑ ❑ ❑ Customer order unless noted for y ❑Quarter) Other Fixed Toner Other Equipment below** Subject to the terms and conditions of this Agreement,Dealer agrees to service the Equipment listed below or in any Addendum(s)to this Agreement at the charges stated herein or therein.For newly installed Equipment,the Start Date is provided in Paragraph 1 of the Additional Terms and Conditions.The Start Date for previously in place E ui ment is Covered Images per unit or Fleet included in Base Charge Per Image Charge in excess of Base Model Serial# All aggregate images should be listed per unit. Covered Images Charge Start Meter per unit Alt B&W Color B&W Color Long Sheet B&W Color Long Sheet or Fleet Meter Method* Pone#:Contact: # Email: Location: Auto Toner Fulfillment: ❑**(Requires Remote Software) Contact: Phone#: Fax#: Email: Location: Auto Toner Fulfillment: ❑**(Requires Remote Software) JContact: Phone#: Fax#: Email: Location: Auto Toner Fulfillment: ❑**(Requires Remote Software) Contact: Phone#: Fax#: Email: Location: Auto Toner Fulfillment: ❑**(Requires Remote Software) Subtotal from Supplemental Addendum COMMENTS: Subtotal Tax Total RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 69 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD BY YOUR SIGNATURE BELOW,YOU AGREE TO PURCHASE THE MAINTENANCE SERVICES SPECIFIED ABOVE.YOU ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. Customer's Authorized Signature Printed Name Title Date ADDITIONAL TERMS AND CONDITIONS # 1.MAINTENANCE/TERM /CHARGES. DEALER will keep the Equipment in good working order subject to the terms of this Agreement. Maintenance shall include emergency break fix service, routine preventative maintenance, including inspection, adjustment, parts replacement, drums, and cleaning material required for proper Equipment operation. Maintenance shall start on the date (the "Start Date") of installation for newly installed Equipment (inclusive of standard embedded Firmware). Unless otherwise set forth on the Face Page, Service Charges shall start billing and Customer shall start payment upon the completion of installation. Maintenance Base Charge(s) and Per Image Charge(s) as listed on the Face Page (collectively "Service Charges") are billed for full calendar month periods, with Maintenance Base Charge(s) billed in advance and Per Image Charge(s) billed in arrears. Invoices shall be due and payable within 30 days of the invoice date unless otherwise stated on the invoice. Applicable taxes shall be added to the charges. If Aggregate plan is indicated on the Face Page, the Maintenance Base Charge and the Covered Images listed on the Face Page apply to all of the Equipment listed, unless otherwise indicated.When Fleet Plan is indicated on the Face Page,the Maintenance Base Charge and the Covered Images listed Face Page apply to all of the Equipment ordered schedule and other orders referencing Fleet plan for the Equipment. If the Listed Items on the Face Page are added to an existing Fleet Coverage Plan under a previous transaction or contract between you and DEALER, (i)the fleet shall include the equipment listed under the previous order or contract, and all other order schedules or contracts for which the add to existing fleet option was selected, and (ii) the maintenance term for all Listed Items under this Agreement shall be the same as the maintenance term for all listed items under all such previous orders or contracts. If the Listed Items on an order are added to an existing Aggregate Coverage Plan under a previous order or contract between you and DEALER, the Covered Images shall apply to all of the Equipment on the Face Page, unless otherwise indicated, plus the listed items under previous order(s) or contract(s), and all other orders or contracts for which the add to existing Aggregate Coverage Plan was selected, on an aggregated basis,for so long as the maintenance term for all such listed items continues. If the Per Unit is indicated in the Equipment Maintenance Information Section on an order, the Maintenance Base Charge and the Covered Images listed in each Section of the Face Page shall apply on a per unit basis for the Equipment listed in that Section. Unless otherwise indicated on the Face Page, you authorize DEALER to use networked features of the Equipment and remote reporting software ("Remote Software") to obtain meter readings, receive software updates, activate features/new licenses and transmit use and service data accumulated by the Equipment over your network by means of an HTTPS protocol and to store, analyze and use such data for purposes related to servicing the Equipment, providing reports and product improvement. 2.HOURS OF OPERATION AND ACCESS TO EQUIPMENT. Maintenance shall be performed during DEALER's local regular business hours (8:30 A.M.to 5:00 P.M. Monday through Friday, excluding DEALER holidays). For all Maintenance service calls outside normal business hours, DEALER shall quote you on an as needed basis, but at no time will pricing exceed what listed in the NASPO ValuePoint Master Agreement Price List(s). You shall give DEALER reasonable and safe access to the Equipment and DEALER shall provide labor or routine, remedial and preventive Maintenance as well as remedial parts. DEALER may terminate its Maintenance obligations for any Equipment you relocate to a site outside DEALER's service territory. 3.ITEMS NOT COVERED UNDER MAINTENANCE. Service calls not covered under this maintenance agreement shall be quoted on an as needed basis, but at not time will pricing exceed what is listed in the NASPO ValuePoint Master Agreement("Master Agreement")Price List(s). The following items are NOT covered under Maintenance unless otherwise set forth on the Face Page: (a) all consumable supply items not provided as part of toner inclusive service, including, without limitation, paper, staples, other media, print heads and puncher dies; (b) repairs resulting from factors other than normal use including, without limitation, any willful act, negligence, abuse, accident, disaster(e.g., effects of water, wind, lightning, etc.)or misuse of the Equipment; (c)repairs due to the use of parts, supplies or software which are not supplied by DEALER and which cause abnormally frequent service calls or service problems; (d) repairs to fix problems resulting from service performed by personnel other than DEALER personnel; (e) repairs due to use of the Equipment with non- compatible hardware or software components; electrical power malfunction or heating, cooling or humidity ambient conditions; (f)relocation of Equipment including de-installation and re-installation, which is a separate chargeable service, per the pricing in the Master Agreement; (g) repairs to or realignment of Equipment, and related training, necessitated by changes you made to your system configuration or network environment; (h) work which you request to be performed outside of DEALER's regular business hours; (i) repair of network/system connection device, except when listed on the Face Page; or 0) repairs due to the use of paper/media not in compliance with manufacturer's published specifications. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 70 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 4.CONSUMABLE INCLUSIVE (INCLUDING TONER ABUSE). Consumable Supplies: All consumables are the property of DEALER until used. Consumables Inclusive Maintenance includes replenishment of toner only (unless other consumables are specified on the Face Page and applicable to the unit of Equipment). Toner is supplied for exclusive use with the unit of Equipment for which it is provided. DEALER may terminate the Maintenance under this Agreement if you use the consumables in a different manner. If your use of consumables exceeds the typical use pattern (as determined solely by DEALER)for these items by more than 10% of the published manufacturer specifications for conventional office image coverage, or should DEALER, in its sole discretion, determine that consumables are being misused in any fashion, DEALER may invoice you for such excess usage and you agree to pay for such improper or excess use, provided that DEALER shall not invoice you for excess toner usage as aforementioned unless and until DEALER has first notified you of the excess toner usage, and until you and DEALER have consulted in good faith in an attempt to identify the reason(s) for the excess toner usage and you have had a reasonable opportunity, if practicable, to rectify the excess toner usage. Consumable Inclusive Maintenance is predicated upon deployment of DEALER's remote reporting software, which may include Auto-Toner Replenishment. If expiration dates are indicated on your consumable containers, you shall use the oldest container(s) first. You shall bear all risk of loss, theft or damage to unused consumables, which shall remain DEALER's property and shall be returned promptly upon termination of Maintenance for the applicable unit of Equipment. 5.BILLING / METER COLLECTION. (a.) You agree to provide timely meter readings to DEALER and to comply with the billing procedures designated by DEALER. If DEALER does not receive timely meter readings from you, you agree to pay invoices that reflect DEALER's estimates of meter readings. DEALER reserves the right to verify the accuracy of any meter readings from time to time, and to invoice you for any shortfall in the invoice for the next periodic billing cycle. In accordance DEALER's normal procedures and the meter read option selected;.(b.) You agree that DEALER shall be entitled to acquire meter readings using DEALER's remote reporting software, however if it does not communicate with DEALER for any reason, you agree to timely provide manual meter readings. 6.DEFAULT. You shall be in default of this Agreement if you fail to perform any of your obligations under this Agreement, including making prompt undisputed payments when due. DEALER may withhold service under this Agreement in whole or in part until any delinquent payment is received by DEALER. DEALER may terminate this Agreement in whole or in part upon your default with thirty (30) days notice to you, unless such default is cured by you within the thirty (30) day period. If an overdue payment is disputed in good faith within thirty (30) days after the due date thereof, you shall pay all undisputed amounts and promptly make a good faith effort to resolve such dispute with DEALER. In the event of your default, DEALER may, without limiting its other rights and remedies available under applicable law and this Agreement, require you to pay all charges then due but unpaid, including any applicable late charges or early termination fees as allowed under the Master Agreement. 7.LIMITED WARRANY. All Equipment is provided with a manufacturer's end user limited warranty from Canon U.S.A., Inc. Authorized Dealer is an authorized Canon service dealer and provides warranty service under the Canon U.S.A., Inc. limited warranties. All other Products are provided subject to such end user warranties and license terms as are provided by the manufacturer or developer as packaged or otherwise provided with the Listed Items. Authorized Dealer shall upon your request provide to you copies of all such end user warranties and license. SUCH WARRANTIES, TOGETHER WITH WARRANTIES AS PROVIDED IN THE MASTER AGREEMENT AND THE APPLICBLE NASPO VALUEPOINT PARTICIPATING ADDENDUM, ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE USE OR PERFORMANCE OF THE PRODUCTS, AND ALL SUCH OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. YOU EXPRESSLY ACKNOWLEDGE THAT SUCH WARRANTIES DO NOT ASSURE UNINTERRUPTED OPERATION AND USE OF THE PRODUCTS. &LIMITATION OF LIABILITY. NEITHER AUTHORIZED DEALER NOR CONTRACTOR SHALL BE LIABLE FOR EXPENDITURES FOR SUBSTITUTE EQUIPMENT OR SERVICES, LOSS OF REVENUE OR PROFIT, LOSS, CORRUPTION OR RELEASE OF DATA, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, STORAGE CHARGES OR INCIDENTAL,SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND EVEN IF AUTHORIZED DEALER OR CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 71 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD ATTACHMENT 3 — CANON SAMPLE MPS AGREEMENT TERMS AND CONDITIONS 1. TERM. The Managed Print Services ("MPS")shall begin on the Start Date and continue for the initial term specified above. 2. CHARGES.Authorized Dealer agrees that pricing shall remain firm for the initial terms of the Maintenance Agreement. Upon expiration of the initial contract term, or during any renewal period, Dealer reserves the right to increase the pricing upon thirty(30)days prior written notice, based on any changes to the fleet, or services being delivered, provided these changes are outside the scope of the original statement of work, and provided the pricing does not exceed the NASPO ValuePoint Master Agreement("Master Agreement") pricing. If you have selected the Fleet Coverage Plan, the Base Charge, Covered Images and Per Image Charges noted above shall apply to all of the Equipment on the Schedule. If you have selected the Per Unit Coverage Plan, the Base Charge, Covered Images and the Per Image Charges for each unit shall be reflected on the Schedule. 3. PRIOR ASSESSMENT.As part of an initial assessment,Authorized Dealer has performed a network and system discovery analysis of your IT environment in which services are to be rendered under this Agreement.Additionally, as part of the initial assessment, Authorized Dealer has used certain discovery tools to identify the components and conditions of your IT environment. 4. COVERED PRINTERS. This agreement is intended to provide services for your entire fleet of printers; however, certain models of printers may not be eligible for services under this contract due to age, geographic location or other reasons determined by Authorized Dealer. At Authorized Dealer's discretion, the ineligible printers may be placed under a"Standard Plan" and identified on the associated schedule ("Schedule B") and shall only receive toner cartridges and monitoring services. The "Premier" scope of services as defined in Paragraph 7 covers only the printers identified on the associated schedule ("Schedule A" or"Schedule A-MICR"). The parties may agree to add or remove printers from time to time during the Term by mutual execution of an Authorized Dealer MPS Change Order. Customer shall provide Authorized Dealer a standard device configuration sheet showing the start meter reading of the added printer(s) as of the start date of this contract. Otherwise,Authorized Dealer may compute a start reading for the printer(s)utilizing the current meter reading and subtracting an estimated monthly volume per printer, as determined by Authorized Dealer. In the event Customer acquires additional devices subsequent to the start date of this Agreement, the start meter shall be zero. If the quantity of printers changes during the Term from the original quantity listed on Schedule A, Schedule A-MICR or Schedule B, Authorized Dealer reserves the right to adjust the pricing accordingly. 5. YOUR RESPONSIBILITIES. As a condition precedent to Authorized Dealer's duties: (a) The Printers shall meet the "Fit for Service" requirements outlined in the MPS Customer Expectation Document (CED) and shall be in good working condition on the Start Date (as determined solely by Authorized Dealer in its reasonable discretion.) (b) You shall provide Authorized Dealer with an accurate location and printed configuration page for each printer placed under this Agreement.You shall notify Authorized Dealer if you relocate any printers from the address indicated on Schedule A, A-MICR, B or any related Change Order. (c) You shall use only Authorized Dealer-approved parts and supplies for the Printers. (d) You shall have proper electrical and network connections, install, and use Authorized Dealer approved surge protector where appropriate. (e) You shall provide a Key Operator responsible for designated duties in the operator's manual and insure that the proper supplies are being installed and/or used correctly with the printers. (f) You are solely responsible for security of your electronic and other data. (g) You must install and keep the Data Collection Agent ("DCA") installed on your network for networked devices and locally for non-networked devices throughout the Term of this Agreement. If the DCA does not communicate with Authorized Dealer, you agree to provide manual meter readings upon request. (h) You agree that Authorized Dealer may use estimated meter readings if it does not receive timely meter reading on any Printers covered by this Agreement. (i) You shall utilize the Authorized Dealer ordering procedures for adding or deleting printers and ordering Toner Cartridges. You acknowledge that Authorized Dealer will not deliver services or toner for printers not listed on Schedule A, Schedule A-MICR, Schedule B or any related Change Order until you complete the proper ordering procedure to add the printer to the Agreement. Q) You shall provide timely meter readings for any printer not connected to the DCA for any reason. ADDITIONAL TERMS AND CONDITIONS RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 72 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD 6. AUTHORIZED DEALER RESPONSIBLITIES (a) Authorized Dealer may tag each Printer initially listed on Schedule A, Schedule A-MICR or Schedule B with an Authorized Dealer Service tag indicating serial #and Authorized Dealer contact information. (b) Printers listed on Schedule A, A-MICR and B are provided replenishment of Original Equipment Manufacturer ("OEM") or 3rd Party manufactured toner cartridges, as indicated on Page 1, for exclusive use with the Printers specified on Schedule A, A-MICR and B. The pricing in this agreement is based upon 5% toner coverage for black &white and 20%for color letter size pages. You agree that Authorized Dealer may invoice you for excess usage in the event your actual toner usage exceeds these assumptions by more than 10%. Excess toner charges shall be computed using the expected print volume("EPV")minus the actual print volume reported.The EPV=actual number of cartridges shipped x the toner yield per cartridge x 90%. You shall bear all risk of loss, theft or damage to unused toner cartridges provided to you under this Agreement, which shall remain Authorized Dealer's property and shall be returned promptly upon termination of this Agreement. (c) Authorized Dealer may perform an initial walkthrough of Customer locations covered under this Agreement. Customer shall identify each networked and non-networked device to be covered under this agreement. Authorized Dealer will deliver, install, configure and test its network Data Collection Agent("DCA")with your IT staff assistance. Authorized Dealer will provide all technical support, updates and maintenance for the DCA. (d) You acknowledge that Authorized Dealer's ability to deliver the services is dependent upon your full and timely cooperation with Authorized Dealer, as well as the accuracy and completeness of the information provided by you to Authorized Dealer. If, during the initial three(3) months of the Term, the assumptions used to develop the pricing and any related Statement of Work is found to be incorrect or misstated, the parties agree to meet and in good faith negotiate equitable changes in the scope of work and associated charges. You agree to follow the detailed operational procedures and program guidelines,which are explained in the MPS Customer Expectation Document, which you hereby acknowledge, receipt of at the time of executing this agreement. 7. SERVICES. YOU SHALL RECEIVE THE SERVICES DESCRIBED IN THIS PARAGRAPH 7 ONLY FOR THE EQUIPMENT LISTED ON A SCHEDULE A, SCHEDULE A-MICR, CHANGE ORDER FORM A, OR CHANGE ORDER FORM A-MICR. SUCH SERVICES ARE SUBJECT TO THE EXCLUSIONS HERINAFTER DESCRIBED. 8. COVERED SERVICES (a) Authorized Dealer shall provide all routine preventive maintenance, maintenance kits and emergency service necessary to keep the Printers in good working order in accordance with this Agreement and Authorized Dealer's normal practice. Such service shall be performed during Authorized Dealer's local regular business hours(8:00 A.M. to 5:00 P.M. Monday through Friday, except holidays). (b) You shall afford Authorized Dealer full, free and safe access to the Printers to perform on-site service. Authorized Dealer may terminate its maintenance obligations as to any Printers if you relocate it to a site outside Authorized Dealer's authorized service territory. If, in Authorized Dealer's opinion, any Printers cannot be maintained in good working order through Authorized Dealer's routine maintenance services, Authorized Dealer shall, at its option, either (i) substitute comparable Printers or (ii) cancel the balance of any remaining term of this Agreement as to such Printers and refund the unearned portion of any prepaid charges hereunder. Parts replaced or removed by Authorized Dealer in connection with maintenance services hereunder shall become the property of Authorized Dealer and you disclaim any interest therein. 9. NON-COVERED SERVICE. You acknowledge that Authorized Dealer shall not have obligations related to i) overhauls and/or reconditioning of printers; ii) printer user errors; (iii) the alteration, modification or customization of any software controlling, used by, installed on or embedded in the Printers; (iv)the service or repair of devices, accessories, power, data or communication lines or other instruments which are external to or otherwise not a component part of the Printers; (v) hard drive removal or(vi)supplying external communications or data transfer lines, paper or other throughput, staples, cassettes, exit trays or other like items or supplies(other than toner cartridges as defined in section 3)used or consumed in the normal operations of the Printers ("Excluded Items"). The following services, and any other work beyond the scope of this Agreement, shall be invoiced in accordance with Canon's then current contract pricing: (a) replacement of any consumable supply item other than toner; (b) repairs necessitated by factors other than normal use including, without limitation, any willful act, negligence, abuse or misuse of the Printers; the use of parts, supplies or software which are not supplied by Authorized Dealer and which cause abnormally frequent service calls or service problems; service performed by personnel other than Authorized Dealer personnel; transportation of the Printers; accident; use of the Printers with non-compatible hardware or software components;electrical power malfunction or heating, cooling or humidity ambient conditions; (c) re-installation or relocation of Printers; (d) repairs to or realignment of Printers, and related training, necessitated by changes you made to your system configuration or network environment; RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 73 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD (e) repairs or service required because of inadequate operation of the Printers (e.g., Authorized Dealer technician is dispatched to rectify a problem described in the operator manual); and ( work that you request to be performed outside of Authorized Dealer's regular business hours. 10. DATA. You acknowledge that the hard drive(s) on the Equipment may retain images, content or other data that you may store for purposes of normal operation of the Equipment ("Data"). You acknowledge that Authorized Dealer is not storing Data on your behalf and that exposure or access to the Data by Authorized Dealer, if any, is purely incidental to the services performed by Authorized Dealer. You are solely responsible for the Data. The Canon branded Equipment contains various security features that you can utilize. Upon your request, Authorized Dealer will work with you to provide information regarding your options and offer services to assist you. Please note that Canon offers basic data security options free of charge; however, other optional services may have an additional cost associated. The terms of this Section shall solely govern as to Data, notwithstanding that any provisions of this Agreement or any separate confidentiality or data security or other agreement now or hereafter entered into between you and Authorized Dealer could be construed to apply to Data. 11. TERMINATION. Either party may terminate this Agreement,with or without cause, by providing thirty(30)days written notice to the other party. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 74 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD ATTACHMENT 4 — CANON SAMPLE MPS CUSTOMER EXPECTATIONS DOCUMENT 1. Introduction. This Customer Expectation Document is designed to provide details related to the Canon Managed Print Services (`MPS") Program and to answer commonly asked questions. The terms and conditions of the MPS program can be found in the associated Managed Print Services Agreement. 2. Program Objectives. The MPS program is designed to help organizations achieve business efficiencies and cost savings through better management and administration of print environments. Our unique consulting process contemplates collaboration with our customers to identify areas for print optimization, increased productivity and cost savings. Critical to this process is the availability of print volume data from all sources within the print enterprise. The success of the program is dependent on uninterrupted communication with the printers or alternative sources of data capture in order for Authorized Dealer to perform the services and provide accurate and timely billing under the agreement. 3. Initial Contract Set-up a) Start Date. The contract becomes effective approximately 10 days after the Customer executes the MPS Agreement accompanied by a complete listing of the covered Printers on Schedule A and Schedule B, if applicable. This allows Authorized Dealer ample time to prepare its systems to accept customer calls and begin to provide services. b) Initial Printer Listing. Schedule A and B contain all relevant information on each printer initially covered under the MPS Agreement. Printers listed in Schedule B will only be eligible for toner fulfillment and monitoring services. The Customer is responsible for discovering and identifying the required information for all printers to be covered under this agreement. Although Authorized Dealer software tools may help discover devices based on detection of activity, idle units and units with no network connection may not be detected during this discovery process. In the event a customer identifies additional equipment which was mistakenly excluded from the original schedules, additional printers can be added using the Change Order form along with a printed configuration page for each printer added and made retroactive to the start date. Customers who call for services or toner for units not yet added to the contract may be told their printer is not covered since it will not appear in the Authorized Dealer system. c) "Fit for Service"Requirements. Prior to the start of the contract, the following must be confirmed: i. Each printer must have a minimum of 25% toner remaining in the cartridge; ii. Each printer must have a minimum of 25% life remaining for other consumable maintenance items (fuser kit, maintenance kit, drums); iii. Any printer displaying a service or supplies alert (error codes, low consumables, etc.) or demonstrating a technical or performance issue (regardless of alert status) must have the condition corrected; iv. Any printer with an image quality issue must have the condition corrected; and V. Any printer inadvertently placed on an MPS contract that does not meet "Fit for Service" requirements, must have the issues promptly remediated or the Printer must be removed from the MPS contact. d) Customers can contact Authorized Dealer Customer Service (see Section 5 below)to purchase the required consumable items (toner cartridge, maintenance kit, fuser kit, drum, etc.) and/or request a service call to remediate technical issues, so the printer can be added to an MPS contract. e) Tagging. Each printer initially covered under the agreement may be tagged with an Authorized Dealer Service tag by an Authorized Dealer representative. The tag includes the serial #of the printer, the phone#for service and supplies and other relevant information. The tag should not be removed from the printer during the term of the agreement. Authorized Dealer may mail tags to the customer for placement on the printers for machine additions or remote locations during the term of the contract. f) Installation of DCA Software. Authorized Dealer will work with the Customer's IT staff to perform the initial installation of the Data Collection Agent("DCA") software for networked devices. Additionally, Authorized Dealer may assist the Customer's IT staff to push the local client version of the DCA software for use with any non- networked printers. It is the Customer's responsibility to keep the DCA installed during the term including any reinstallation that may be required because of change in the Customer's infrastructure or environment. 4. Ordering Procedures a) Toner. Printer toner cartridges maybe ordered from Authorized Dealer by either calling Customer Service or by placing an on-line order(if applicable). Customers who wish to use on-line ordering must first register through Authorized Dealer's on-line customer portal. Customers will be asked to provide the related serial#or asset tag# located on the asset tag placed on the printer. The maximum toner order is limited to one (1)cartridge per serial#. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 75 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD Authorized Dealer Reserves the right to limit toner shipments based upon print volume/utilization. Canon's Managed Print Services program does not contemplate the provision of"shelf stock" at Customer locations. Customers that require extra toner stored onsite may purchase shelf stock by contacting Customer Service (see Section 5 below). b) Service Calls. Requests for repair may be placed by either calling Authorized Dealer's Dispatch Center or by placing a service request on-line within the Authorized Dealer's on-line customer portal (if applicable). c) Add/Remove.Additions or deletions of printers covered under the MPS Agreement are made by executing and submitting an MPS Change Order form indicating the pertinent information on the specific units being added or removed from the agreement or submitting such request on-line within the customer portal (if applicable). Additionally, Customers must provide a printed configuration page from each added or removed unit that provides Authorized Dealer necessary meter, quality and other information necessary to make the change effective. Please note that changes to the printer fleet configuration may impact the price per copy reflected in the contract on a prospective basis. 5. Customer Service. For any questions or contract changes, please reference the following contact information: Email: Phone: 6. Relocations. If Customers relocate any printers under the agreement, they must promptly notify Authorized Dealer in order to change the location information in the Authorized Dealer database. Customers are responsible for de-installing and reinstalling all relocated printers including installation of the DCA in order to keep the printers communicating with Authorized Dealer. Please note that printers relocated outside of Authorized Dealer's Servicing geography may not be eligible to be covered under this agreement. 7. Meter Collection. The MPS program is designed to automatically collect periodic meter readings from the printers covered under this agreement using the DCA software program. The DCA program is initially installed on the Customer network for connectivity to networked printing devices. A local DCA program must be installed on individual networked computers in order to communicate with non-networked printers. It is extremely important to keep the DCA software connected in order for Authorized Dealer to capture information in order to provide the services under the MPS Agreement. Customers are responsible to maintain this critical connection that may require reinstallation of the local DCA software when upgrading, replacing or repairing related computers. 8. Fixed Volume. If Authorized Dealer does not receive timely meter readings from the DCA software or alternatively from the Customer through other means of communication, Authorized Dealer will estimate the usage on the related devices utilizing predetermined average monthly volume information, which are based on Authorized Dealer standard usage rates by model. 9. Toner Usage Reconciliation. The MPS program includes replenishment of toner cartridges based upon toner page coverage of 5%for black toner and 20% for color toner. Customers who print images with more toner average coverage should expect to pay additional charges. Toner usage reconciliation is done separately for black toner, color toner, and MICR toner. Please see the reconciliation example below: Toner Manufacturer Yield per Cartridge 3,000 #of Cartridges shipped to Customer's x 10 Manufacturer Expected Print Volume 30,000 Extra 10% provided by Authorized Dealer 3,000 Authorized Dealer Expected Print Volume 27,000 Actual Print Volume 25,500 Volume Reconciliation 1,500 Price per Page x .0200 Toner Usage Reconciliation Charge $30.00 * Note 1: Certain cartridges for the same models may contain different manufacturer yields. * Note 2: Cartridge yield associated with "Unused Toner Cartridges" (see definition in Section 12 below) purchased from Authorized Dealer for purposes of"shelf stock" may be considered during toner reconciliation, when the Actual Print Volume exceeds the Authorized Dealer Expected Print Volume. 10. Quarterly Review Process. Customers are entitled to a quarterly review discussion to review expectations, charges, print volume data and recommendations for further optimization of the print environment. 11. Renewal and End of Term Process RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 76 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD a) The MPS agreement will not automatically renew. If the Customer wishes to renew, then Authorized Dealer shall promptly provide a renewal quote for the renewal period. Upon mutual agreement, a new agreement shall be executed for the renewal term. b) If the Customer does not choose to renew, the Customer may return unused toner cartridges within 30 days of the end of term and Authorized Dealer will adjust the#of cartridges shipped for computing the final toner reconciliation described above. c) Customers must contact Authorized Dealer's Customer Service to obtain return instructions and return authorization # prior to mailing the returned supplies back to Authorized Dealer. In the event Authorized Dealer is unable to obtain a final meter reading from the DCA or other reasonable means, Authorized Dealer will estimate the final meter reading using customer volume history or utilizing the Authorized Dealer standard usage rates by model. 12. Unused Toner Cartridges. Unused toner cartridges are defined as the original items shipped to Customers, which: a) were provided to the Customer by Authorized Dealer; b) are in the original box, which is unopened and undamaged; c) the contents (toner cartridges) are sealed and undamaged; and d) are deeded resalable, in Authorized Dealer's sole discretion. 13. Restocking Fee. A restocking fee of 10 percent (10%) of the MSRP value shall be charged for all unused toner cartridges returned to Authorized Dealer, unless the returned cartridge is deemed defective or the restocking fee is prohibited by law. 14. Toner Availability. Authorized Dealer shall use commercially reasonable efforts to procure toner cartridges for the printer(s) covered by the MPS contract. In the event OEM toner is no longer readily available (discontinued by the manufacturer, restricted distribution, exhausted inventory, etc.)Authorized Dealer shall, at its option, either(i) substitute OEM cartridges with compatible (3rd party)toner cartridges, or(ii)substitute comparable printer(s) at your expense, or (iii) cancel the balance of any remaining term of the MPS contract for the affected printer(s) and refund the unearned portion of any prepaid charges associated with the printer(s). RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 77 DocuSign Envelope ID: 1698EEIC-AF75-463A-B171-3737ECF7FEBD ARTICLE II DCA Software &Technical Requirements Authorized Dealer must utilize data collection software to provide services under this agreement. Authorized Dealer is responsible to maintain the software, provide updates when necessary, and assist with the initial installation as necessary. The detailed technical information with respect to the Data Collection Agent (DCA) is as follows: The DCA collects usage data on Products from predefined Management Information Bases (MIBs), using Simple Network Management Protocol (SNMP). For greater security, the DCA initiates communication solely with the Authorized Dealer Data Repository. Communication sessions are conducted via HTTPS (port 443), the universal standard in secure transactions. The DCA sends and receives data in a single hourly session. Authorized Dealer does not provide root access or local edit access to the DCA and Authorized Dealer does not permit scripts to be run against the DCA. Customers must provide the following technical information in conjunction with the implementation of the Canon Managed Print Services program. This information is required specifically for the expressed purposes of configuration and implementation of the DCA. Requirements and details below may be subject to change based on modifications to the existing software or a change to the DCA software being utilized. INFORMATION DCA Server(must be able to access all subnets with devices under contract) Hostname I Address Default Gateway Fully Qualified Domain Name DNS Server(primary and secondary) Subnet Mask Network Subnet Range(s) Proxy (if applicable) Proxy Name Port Number Username/ Password (if required) SNMP Public (READ) Any non-public SNMP community strings CONFIGURATION In addition to the information above to function properly, the DCA requires the following network configuration Port 80 TCP (outbound access) Port 443 TCP (outbound access) SNMP (access to all subnets with devices on contract) Port 161 UDP (access to all subnets with devices on contract) ADDITIONAL PORTS REQUIRED FOR MDS CLOUD CC AGENT Port 427 UDP (outbound access) Port 47545 UDP (outbound access) (Canon Devices) Port 47546 TCP (outbound access) (Canon Devices) Port 9007 TCP (outbound access) (Canon Devices) Port 50700 UDP (inbound access) (Canon Device event notifications) Port 11427 UDP (inbound access) (Canon Device power status notifications) Port 44301 TCP (inbound access) (Open CC Agent dashboard on network) HARDWARE Hardware: Non-dedicated server powered on 24 hours a day, 7 days a week Network Card: 100mbit or higher RAM 512 MB or higher Internet connected browser ADDITIONAL HARDWARE REQUIRED FOR MDS CLOUD CC AGENT RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 78 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD Dual Core CPU 2.OGHz or faster RAM 4GB or more Recommended 8GB or more Available Storage 8GB or more Recommended 35GB or more SOFTWARE Computers where the DCA will be installed must meet the following software requirements: Windows 7, 8, 10, Server 2008 R2, Server 2012, Server 2016 or higher and .NET Framework 3.5 SP1 Including .NET 3.0 and 2.0 Feature enabled Virtualization software support: The following virtualization software will support the installation: Microsoft Virtual Server 2005 VMware GSX ADDITIONAL SOFTWARE REQUIRED FOR MDS CLOUD CC AGENT Virtual Environments: VMware vSphere v6.0/v6.5 Microsoft Hyper-V: Windows Server 2008 R2/Server 2012/Server 2012 R2 NET Framework 4.5.2 or higher: Ir�tt s://v�vw,irnlicirosott,ccirm�/ei� t/S/dovaairnlload/detalills,as:�x/lied 42543 g P............................................................................i...........................................................................i............L............................................i...........................................................................:.................t............................................................................. IIS 10.0 Express: Ih.itt ..s://w roilcu°osott,coirn�i/e....ar....n........u...s/dowirilload. /.d.eteli.11.s,.es.t.a........2. 7. id. ::::4.3254 .............. ...................................................................................................................................................................................................................................................................................................... .................................................................. SQL Server Express SP2 or higher: ht S . . . ... .s........tpsv.v.v . .Ji..c.ir..osoft,c.o.i..r�./.e.i.� t../ �. .ov..r.�..[.o... /�.et.ei.s.,..e ...x.. ............................;.1.... .l. COLLECTION INTERVALS FOR MDS CLOUD CC AGENT Errors and alerts— Every 5 minutes while not in sleep mode Consumable Supplies (Toner& Paper levels)— Every 60 minutes while not in sleep mode Counters— Every 8 hours DATA TRANSMISSION The DCA transmits small amounts of data to the central server. This data includes only statistical and alert condition information. NO IMAGE DATA IS TRANSMITTED. The following data estimates are provided to assist in the assessment of network impact. DCA scan, blank IP: 5.2KB DCA scan, 1 printer: 7.2KB DCA scan, 1 printer, 254 local IP addresses: 96KB DCA scan, network of 15 printers, 254 local IP addresses: 125KB RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 79 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD ATTACHMENT 5 - CANON DIGITAL PRESS PRODUCTION AND LARGE FORMAT EQUIPMENT MASTER SERVICES AGREEMENT TERMS AND CONDITIONS This Attachment includes additional terms and conditions that apply to Maintenance Agreements for Purchasing Entities(referred to as "Customer" herein)for Oce Production Equipment and Large Format Equipment(referred to as "Equipment" herein). In the event of a conflict between the Canon Maintenance Terms and Conditions set forth in Attachment 2 and the terms and conditions in this Attachment 5, the terms and conditions in this Attachment 5 shall govern. 1. Installation and Site Preparation 1.1 Authorized Dealer shall install the Equipment at the location identified on the applicable Schedule ("Equipment Location"). Installation shall be deemed complete when the Equipment has been installed and is ready for commercial operation. Customer shall furnish a suitable installation site in accordance with Authorized Dealer's power, environmental, and other requirements. All site preparation, including appropriate space requirements, electrical wiring, air conditioning, required venting or special duct work and necessary permits or approvals, is Customer's responsibility. 1.2 For Software installed at a Customer location, installation shall be determined complete when the Software has been installed and is ready for commercial operation. For all of the Software, installation shall be deemed complete when Customer is provided instructions on how to access and/or download the Software. 2. Supplies Customer is entitled to the amount of toner/supplies which, on average, covers six percent (6%)of the letter size media unless another coverage rate is specified in an Order. Unless otherwise agreed to in an Order, for cutsheet color products, Customer is entitled to the amount of toner/supplies which, on average, covers ten percent (10%) of the letter size media per color(black counts as a color). Unless specifically agreed to in an Order, supplies do not include staples. Reconciliation for overuse of toner/supplies shall be invoiced to and paid by Customer at the rates in effect at the time of such reconciliation, and will be calculated based on coverage/use. 3. Maintenance 3.1 Equipment Support: Authorized Dealer shall provide Customer: (a) Authorized Dealer's standard preventive maintenance services ("PM's"), including labor and replacement parts to be provided Monday— Friday during Authorized Dealer's standard business hours (the length and frequency of periods of time required for preventive maintenance will be determined by Authorized Dealer); (b) corrective maintenance coverage as indicated on the applicable Schedule, including labor and replacement parts (service on Authorized Dealer holidays is available with advance notice to Authorized Dealer and Authorized Dealer shall bill Customer at its then current hourly rates for holiday service) provided that repairs can be performed in the field; and (c) engineering changes, including safety changes, deemed necessary by Authorized Dealer. Preventive maintenance includes testing, adjusting, cleaning and replacement of components scheduled in accordance with the Equipment service specifications. PM's performed on weekends, holidays or between 5PM and 8:OOAM (at Customer's request)will be billed at Authorized Dealer's holiday rates according to the Master Agreement Price Lists. If Customer refuses to permit installation of a safety change or removes one already installed, Authorized Dealer may discontinue maintenance support services for all Equipment until the hazard has been corrected. All defective parts removed during maintenance shall become the property of Authorized Dealer. Parts used for repair may be used or remanufactured in accordance with manufacturer's specifications. The Equipment may contain software that allows Authorized Dealer to access the Equipment remotely("Remote Software"). In such cases, Customer authorizes Authorized Dealer to use the Remote Software to (i) receive software updates and transmit use and service data accumulated by the Equipment over Customer's network by means of an HTTPS (or other) protocol and (ii) store and analyze such data solely for Authorized Dealer's own purposes related to servicing the Equipment and for product improvement. 3.2 Customer shall: (a) provide Authorized Dealer full, free and safe access, subject to Customer's safety and security regulations, to the Equipment for performance of maintenance as deemed necessary by Authorized Dealer; (b) allow Authorized Dealer to store reasonable quantities of maintenance equipment and/or parts on Customer's premises; (c) provide a suitable environment for the Equipment in accordance with manufacturer's environmental requirements; and (d) inform Authorized Dealer promptly of any operating problems 3.3 Remote Help Desk Support (applicable to cut sheet printers and Software under 5x8 service coverage) If Customer purchases "Remote Help Desk Support", then the following terms are applicable: (a) Authorized Dealer provides Remote Help Desk Support via telephone, to access Authorized Dealer Support Specialists for operator questions, installation support, explanation of maintained software features and RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 80 DocuSign Envelope ID: 1698EE1C-AF75-463A-B171-3737ECF7FEBD functionality, network connectivity questions, and other support issues ("Remote Support"). Remote Support is available Monday—Friday 8:OOAM to 8:OOPM EST, excluding holidays. By purchasing Remote Support, Customer has unlimited access to the help desk. (b) Authorized Dealer will provide Remote Support to those Customer employees who have been issued an ID code providing email/telephone access to the Authorized Dealer Software Support Center. Customer shall be responsible for controlling ID code access and for any unauthorized use of ID codes. ID codes are non- transferable. 3.4 Services for Additional Charge (a) The services listed in this Section are not included as part of Authorized Dealer's remedial or preventive maintenance services: Services for repair of Equipment(including the inkjet heads in Authorized Dealer's printers or the fuser rollers in Authorized Dealer's continuous feed printers) or replacement of parts (including the inkjet heads in Authorized Dealer's printers or the fuser rollers in Authorized Dealer's continuous feed printers ) caused or made necessary, in Authorized Dealer's reasonable discretion, in whole or in part, by: (i) Customer's failure to continually provide a suitable environment in accordance with Authorized Dealer's requirements; (ii) neglect, misuse, or use of the Equipment for purposes other than for which it was designed, or failure to operate the Equipment in accordance with Authorized Dealer's or manufacturer's operating instructions or within manufacturer's specifications; (iii) accident, disaster, including effects of water, wind, lightning, or transportation; terrorism, vandalism or burglary; (d)alterations of Equipment, including any deviation from Equipment design, unless previously authorized in writing by Authorized Dealer; (iv) attachment(s)to the Equipment, including connection of devices not supplied by Authorized Dealer, which cause the Equipment to malfunction, unless previously authorized in writing by Authorized Dealer; (v) Customer's failure to perform or its failure to correctly perform the normal duties of Customer's operators; (vi) the use of any non-Authorized Dealer parts, toner, developer or inks; (vii) the use of forms not in compliance with Authorized Dealer's paper specifications; (viii) maintenance or repair services performed by Customer or a third party without written authorization from Authorized Dealer; or(ix) pre or post processing Equipment disconnected from the printing system to which it was originally installed unless previously authorized in writing by Authorized Dealer. If in Authorized Dealer's reasonable discretion, Equipment has been rendered un- repairable, then Authorized Dealer may refuse to render services under this Agreement and may terminate the appropriate Schedule. (b) If repairs or replacements as set forth above are needed due to the causes listed in (a)above, Authorized Dealer's prices to provide any such repair or replacement will: (i) use the published hourly NASPO ValuePoint Master Agreement service rates and minimum charges for the service time, which includes travel and waiting time; (ii) use the current parts and material prices; and (iii)travel expenses. All repairs will be governed by the terms of this Agreement, however, Authorized Dealer reserves the right to decline to perform such services. (c) Authorized Dealer may withdraw any item of Equipment from maintenance coverage (i) if such Equipment has been removed from the Equipment Location and Authorized Dealer does not offer maintenance services at the new Equipment location; or(ii) if Authorized Dealer declares end of life for such Equipment, and then only with at least ninety(90) days prior written notice. Customer shall pay monthly service charges up to the date of termination. For any prepaid amounts, Authorized Dealer shall refund or credit the pro rata amount of the remaining term from the effective date of termination. RFP-NP-23-001, Multi-Function Devices and Related Software, Services and Cloud Solutions 81 Page 1 of 1 ACyrgr DATE(MM/DD/YYYY) !'Nx CERTIFICATE OF LIABILITY INSURANCE F10/31/2025 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 WTW Certificate Center NAME: Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd PHONE WC, /C No Ext: 1-877-945-7378 FAX 1-888-467-2378 A/C No P.O. Box 305191 ADDRESS: certificates@wtwco.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Tokio Marine America Insurance Company 10945 INSURED INSURER B: Sompo America Fire & Marine Insurance Comp 38997 Canon U.S.A., Inc. One Canon Park INSURER C: Melville, NY 11747 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W41569291 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 LTR POLICY NUMBER MM/DD/YYYY) (MM/DD/YYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 � OCCUR PREMISES DAMAGE TORENTED CLAIMS-MADE PREMISES Ea occurrence $ 1,000,000 A MED EXP(Any one person) $ 5,000 Y GLD6404741-15 11/01/2025 11/01/2026 PERSONAL&ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYEl PRO JECT X LOC PRODUCTS-COMP/OPAGG $ 1,000,000 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 Y/N X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER B ANYPROPRIETOR/PARTNER/EXECUTIVE 1 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? No N/A AWL30101375700 11/01/2025 11/01/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is included as Additional Insured as respects to General Liability where required by written contract. APPROVED BY RISK MANAGEMENT BY LIla LC K.¢¢. 1.4.115 DATE WAIVERNJA RYES 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 AUTHORIZED REPRESENTATIVE 1100 Simonton Street + 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 SR ID: 28781360 —CH: 4188680 0 D (MMIDl AC7C>R1,> CERTIFICATE OF LIABILITY INSURANCE 10/28/2025 THIS Ciikil IS ISSUED AS M�MMATTER 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 NOTC NSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If thertificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED proveons or be endowed.- 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 lrawwlr NAM Lisa Maguire Regan Insurance Agency PHONE (305)852-3234 -P (305)852-3703 90144 Overseas Hwy ADDRESS:: ONSUREA(S)AFFORDING COVERAGE . ............ ..... Tavernier FL 33070 INSURERA, Infinity Assurance ....................... ------- INSURER B INSURED Sands Of The Keys I ric Myl....................... PO Box 345 ..INSURER D�:--- ---,------- ------- INSUTREIE-:. ............................. --- LIslamorada FL 33036 INSURER F COVERAGES CERTIFICATE NUMBER: 25-26 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 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TIV0...................... ... ...... .. .............................. AUtZ SUl .. - -M.FCyTFr-,'-pucil.. ..........................---— --------------------- TYPE OF INSURANCE l ......... POLICY NUMBER LIMITS ..............I ...... COMMERCIAL GENERAL LIABILITY EACH CCCWPENCE s TKM'Ark"� (YRSNTED.... ........... CLAJIMS-MADE OCIC UR PREM or PERSONAL&ADV IIN,JURY $ ............. ................ ..... ........................ AGGREGNTF.L(W r APPIL.ILS Pl:..P GENERAL AGGIREGNTE $ 0 LT,i LR.......... ... ............. AUTOMOBILE LIABILITY CONlRiNED 0RTf-77WT— $ 1,000,00-0 ........................................... X ANY AU TO BODILY iNJURY(Per person) A)UL ED ZM�3 SCHII0NLY ALJ-16S 1 10082025 A A LJ I OLs Y 5001530460 / / 10/08/2026 BODILY NJURY(Per accident) HIRED NUq OWNED i)nfl ff ti;U W(% -- AUTOS ONLY AUTOS ONLY $ Drive other car UMBRELLA LIAR JH�L2(,cURRFNQF AGGRE(3AFE DLfJ ION S T APP7!!7 $ ....... -EPER............. "I-i WORKERS COMPENSATION AND EMPLOYERS'LIABILITY lly— o.0lL Y/N 2.1 5 DAIE-�2-11-25- ANY P�40P�iIElOrOF"Afd N�'NB�EXEC�JI[VE ::: [ I N/A OFFiCERIMEMBER EXCLUDED? (Mandalery In NtR ------ WM"K lf yes,desonbo under 5 -SCRIPfION OF OPERKTIONS below E I DISFASE-POLICY LIMIT ................. .........I... ........ .... . .......... ....... ............ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured status when required by written contract 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 Commission ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St AUTHORIZED REPRESENTATIVE Kew West FL 33040 @ 11988-21l ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD -------- ADDIMONAL COVERAGES Medical payments �...._, _ ........ _�MEDPM p de Form o. Edition DaMedical e ®scrt tton ............ w .��......, y Premium Lim 5,0001 Limit 2 Limit 3. .... ............ .. . . . .. ... Deductible Amount Deductible T P............ .....W W.... Ref# �escwured .,. i tion Coverage Code Farm Na [Edition Date Uninsured motorist BI split limit UMISP �. Limit 1 L 1 000 000 ... �_ ......µ. emit Limit 3 D. ....e ucti y a mount Deductible Premium Ref# 6aacripiion Coverage Code rForm No Edition Date _.__.._._. ...._...._.... .... ........ _.. Type iumLimit 1 Limit2 Limit 3 Deductible Amount Dedutible........... Multi olio credit _...__.. �.A CCT Edition Date Ref 1'6eacuripiion� �.. Cove g Code Farm Nn ... ..... ............. Amount Deductible Type Premium Liu it..1 ...... ..Limit.z,_,_,u_ __ ... Limit3........... � Deductible.,A...,,,, ....�_w........ _. ...., ..... ._. ..., .w...m.__..._ ..'...... ...............�.�.�. ._........... ._._._. .......................... .................._. ....... 1ption erage Hired/borrowed __�.................... ... _ mww............._..._. Form Edition Date Ref# Hed/bor owed flflH CavHRDBDode Form No. .... .............. .. ......................... �. __�w..... ...._,_ ctible Amount................Deductible Type Premium N.Ltmit..1 ...., Limit 2 Limit 3 Dedu ........... .WWWWWWWWww..ww......................_ .,.,.,_ ..................... .......asic.w.. g m No. Edition Date CovelP Ref#. [6eic;iptlon PIP Basic _.......... .......M ..... PIP For,,, .�.............. . . 10 000 0 Type Premium i.....it.1 .. .Limit 2 rLiimiii............................. Deductible Amount µ..... „„Deductiible T e._�......... . ...... . ....._.........0 Ref#..., escri................_u.. _._. eu: ptian ...........,u Coverage Cade Form Na Edition Date BED BED -------------------------- ----------- Li it 1 Limit 2 Limit 3 Deductible Amount Deductible Ty Premium ---- --- . .. ........ ........................................ flan _.. _. Coverage Cade Far ....N. ........ I...Edi e....... Non owned NCIWND Ref# escri flan Date-- Limit 1 w........._��.Limit 2 . ............ Limit 3 Deductible Amount„ W_ Deductible Type Premium ............... Ref# Description Coverage Code Form Na Edition Date Deductible Amount Deductible Type Premium Limit 2............. Llmlt 3 ........ ........ ... �.................. ......... ........... .......,,.. .......................... ...... _,M_,M_ „ ,,.... _._ ........ .,.........____.,, ............................ _.....,.w ............._.... ...._....,,,,,,, ........ �......... g ................�_.�,........_�MMttion Data Ref# Description Coverage Code Form No. Ed._._.. Lammm it„ De Type Premium 1 .................... ..Limit 2 _..........__. ..�_. LimitN�M.m._M..a..........................�.mDeductible Amount ................w .w........ductible..�.mmm�._....._......... .._..............................._.......... Ref# ... r- .n __......,...._..........._..............................................................._......._..__......�...w,......,..www.....w..,..................................................................................... .... ...r_w.�..._........�..�..,�. ... I: Edition Date esc t a...m___.._. ......................... _ww ...........................Coverage Code rr._ . .V........................._ _......... LOFADTLC=V _,...,_www Limit 2 Limit 3 Deductible Amount Deductible Type Premium Copyright 2tl01,A s services,Inc. 7PW DAIE(KWii CERTIFICATE OF LIABILITY INSURANCE =05/22/2025 _E 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 tothe certificate holder in lieu of such endorsements. w�oDac�� CONTACT N RISERVICES SOUTH INC NAMC, on Risk Servticesnc of Florida 50 LEN ROAD NORT HEAST ATLANTA CA 30326 ADQRESS work.comp xqgi Indornnii ME! ofhlorthAmeida 43575 ....2— ___'..................... ENSURER B ThNat Group,Inc. .......... Sands of the Kays Inc. INSURER C I I Place,Suile 600 Dublin,CA 94561 INS y!LR D ..................................................................... INSURER E INSURER F COVERAGES CERTIFICATE NUMBER- 15864792 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, REXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ................................. ..................................... LT TYPE OF INSURANCE SOUL SURR POLICY N POLICY EFF POLICY EXP LIMITS !NSR VwVP UMBER 1p I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR MEP..ff.SP(Any,2!r.nrrsnnl 5 ................ J1 ADV 114JURY $ .................... GEN't AGGREGA rE I.WiT APPOES PER, (,rNFPAI,AC(;RF(3ArF, pt)uc,( PROJEC r LOC ,PRODUCTS�-COMP/OP AGG $ OTHER $ ............. AUTOMOBILE,LIABILITY T A AL_7 I's , Mcr 1 �...... .m15 ANY AUTO 80MiYIN,Ii Paum' tt ,iId �L OWNED SCHEDULED BY ONLY AUTOS DATE_ HIRED NON-OWNED WA NO Wi`,Xyfi PROPERTY DAMAGE _dtL.... AUTOS ONLY AUTOS ONLY .2or 2a ......................... --------- ................ ...............-1- UMBRELLA LIAR OCCUR EACH OCCURRFINCIF, $ EXCESS WAS nua $ L_R i ............... COM NPESATION AND EMPLOYERS'LIABIILffY V�.N .......... A ANY PROP RIE1 ORWARTNE I IVE WLR C73099092 $ 2,000,000 OOFFICE-or FICE-R/MEMBER IEXCI UX I. [N NIA 07/01/2025 07/01/2026 (limandatory In NH) EAFIMPI $ 2,000,000 e.e.12n(.......... ........ POLICY LIMIT $ 2,000,00 .. ................................... ....................... ...... ........................................................... ....... ......................__]__....... ......... ....... ....................cii IP.In.0.N-0 F 0 P.E.R.A TIO.N.S LOCATIONS. ........ /VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) ... ....__...... ...... Workers Compensation coverage is limited to worksite employees of Sands of the Keys Inc.through a co-employment agreement with TrNet HR 111,Inc. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. .............................................................. ............ AUTHORIZED REPRESENTATIVE 0"Fon OR164 C-yetvice6 (JoutA 42ac ©1988-2015 ACORD CORPORATION.All rights reserved, ACORD 25(2016/03) 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: Gehring Group Contract# Effective Date: 07/27/2026 Expiration Date: 07/27/2027 Contract Purpose/Description: Gehring Group was selected as the County's broker for Airport Public Officials Insurance via RFP May 4,2022. Gehring procures and recommends a new policy each year based on market conditions. For 2026-27, Gehring has procured a quote to bind coverage through Indian Harbor Insurance Company for a total annual premium of$25,328.00.This represents an increase of$427 from the premium of the 2025-26 policy. Seeking County Administrator approval to bind coverage and issue payment of the annual premium 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: $ 25,328.00 Current Year Portion: $ 25,328.00 (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: $ N/A County Match: $ WA Fund/Cost Center/Spend Category: CC_08502; SC_00054 ADDITIONAL COSTS Estimated Ongoing Costs: $ 0 /yr For:Airport Public Officials Liability Insurance (Not included in dollar value above) (e.g.maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES ❑ NO 0 CONTRACT REVIEW Reviewer Robert B.Shillin er,Jr. p�9'�'2DMG5.260°,gs,:NOO' ef" Department/Office Director/ Signature: g Assistant Director Robert B. Shillin , Jr. Digitally signed by Robert B.Shillinger,Jr. er, County Attorney Signature: 9 Date:2026.05.26 09:14:38-04'00' Gaelan P Jones Digitally signedby Gaelan PJones Risk Management Signature: Date:2026.052608:4128-04'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.0526 10:54:12-04'00' (email contracts @monroecounty-fl.gov) Digitally signedby Angelica Malcosky OMB Signature: Angelica Malcosky Date:2026.05.2611:06:18-04'00' (email OMB@monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 0 zu _ L1 � -p�y m \,.,/ D a WL✓ 3 0 0, 0 cc z 3 O o 0 o v} o O N o O O O O u'f' Lf) V Z 1 N N N a LV i!? N N N �A �p /?4 O t!� ih O O Lr) OC O O O O L} OCD W \ \ N N N CD W 20 v). t/} to o J Lf1 V1 O f0 •N d H O V O C W c U 10 N O O N c O .ca N o O v J v a a) V d v ;° hD ra �n X w m LU o m a) c oc °A C O u u � oT Q oO c Q m CL CCO _L "a Q c S > E +f6+ L U n u i i r Governmental +YEARS Underwriters,,LLC 30of excellence TheAuthoe ify. DBA: PGB Insurance Agency CA License#: OF65220 4870 Sadler Road, Suite 102 Public Officials Management & Employment Glen Allen,VA23060 www.pgui.com Practices Liability Toll Free: 800-586-6502 Fax: 804-272-7852 Date: 05/13/2026 Proposed Insured: Monroe County Board of County Commissioners on behalf of Monroe County Airport 1111 12th Street, Suite 408 Key West, FL 33040 Application #: POL0955339-04-REN Thank you very much for your submission. Based upon the information received and subject to the limitations outlined below, we are pleased to offer the following: QUOTATION Coverage: See coverage form PGU POL 2001 (04/2017)for terms, conditions and limitations Form: Claims Made Retro Date: None- Full Prior Acts Insurer Information: Indian Harbor Insurance Company A member of the AXA XL Group of Companies Best Rating: A+ Surplus Lines Insurer Filings/Taxes: PGU Not Responsible For Tax Filings Quotation/Indication valid until: 7/27/2026 If we are offering coverage on a surplus lines basis, the agent is responsible for handling of filings unless we note otherwise on this quotation. If we have provided terms using bid specifications or an application other than ours, the quote is subject to change pending review of a completed and signed PGU application. Public Officials Management & Employment Practices Liability Page 2 Proposed Insured: Monroe County Board of County Commissioners on behalf of Monroe County Airport Terms Limits Retentions Premium each claim including LAE Public Officials Management $1,000,000 $10,000 $18,960.00 Employment Practices Liability $1,000,000 $10,000 Included Pol icy Aggregate $1,000,000 Non-Monetary Coverage-Defense Only $50,000 $10,000 Included Non-Monetary Coverage-Defense Only Aggregate $100,000 Crisis Management $25,000 $5,000 Included Features/Enhancements Punitive Damages See Retentions Above Included Personal Injury See Retentions Above Included Third Party Wrongful Acts See Retentions Above Included Back Pay/Front Pay See Retentions Above Included Loss of Earnings See Retentions Above Included Optional Increased Limits Additional Premium 2,000,000 CSL $6,368.00 3,000,000 CSL N/A 4,000,000 CSL N/A 5,000,000 CSL N/A Premium, Fees and Taxes Total Premium: $25,328.00 Premium Summary Annual Premium:$25,328.00 Filing Fee: $90.00 Total Cast Due:$25,418.00 Comments: By purchasing this coverage,you will have access to experienced employment attorney's through The HR Attorney Hotline with Koeppel,LLC. Public Officials Management & Employment Practices Liability Page 3 Proposed Insured: Monroe County Board of County Commissioners on behalf of Monroe County Airport SUBJECTIVITIES-WE MUST BE PROVIDED WITH THESE ITEMS BEFORE COVERAGE CAN BE BOUND: 1. FL Surplus Lines Disclosure Form. Deadly Weapon Protection Insurance is available through Professional Governmental Underwriters, Inc. Please contact your underwriter if you are interested in additional information about this new product. Reminders: A written request is required to bind coverage. We will not cancel flat after inception date. Backdating of coverage is not allowed. Engineering Fee is non-refundable. See attached Coverage Features attachment for additional information. Limits, retentions,terms and conditions quoted do not necessarily match those requested. This proposal contains a brief outline of coverages to be included in any policy that may be issued in the future. This is only a summary and the Terms and Conditions of any policy will take precedence over any proposal. Minimum Earned Premium is the GREATER of$1,500 or 25%of annual premium. Applicable Forms: (Other forms may apply. Consult Underwriter for details.) PN CW 01 01 23 Notice to Policyholders-Fraud Notice PN CW 02 01 19 Notice to Policyholders-Privacy Policy PN CW 05 05 25 Notice to Policyholders-U.S.Treasury Department's Office of Foreign Assets Control ("OFAC") PN FL 03 05 24 Notice to Policyholders-Florida PGU POL 2000 08 19 Public Officials and Employment Practices Liability Declarations PN FL 10 09 09 Florida Notice to Policyholders IL MP 9104 0124 IHIC 01 24 In Witness PGU 2002 04 17 Schedule of Policy Forms and Endorsements PGU POL 2001 04 17 Public Officials and Employment Practices Liability Insurance Policy PGU 100604 17 Specific Claims Exclusion-Claims Arising out of Specific Incident PGU POL 1033 04 17 Additional Insureds-Boards,Commissions or Units PGU 1052(POL)04 17 Minimum Earned Premium Upon Cancellation PGU 113301 22 US Professional Indemnity-Cyber Exclusion PGU 114011 23 Consumer Protection Laws Exclusion Endorsement XL-FLSOP 11 10 Service of Process Surplus Lines Disclosure and Acknowledgement At my direction, Risk Strategies has placed my coverage in the surplus lines market. As required by Florida Statute 626.916, 1 have agreed to this placement. I understand that coverage may be available in the admitted market and that persons insured by surplus lines carriers are not protected by the Florida Insurance Guaranty Act with respect to any right of recovery for the obligation of an insolvent unlicensed insurer. I further understand the policy forms, conditions, premiums, and deductibles used by surplus lines insurers may be different from those found in policies used in the admitted market. I have been advised to carefully read the entire policy. Monroe County Board of County Commissioners Named Insured Christine Digitally signed by Christine Hurley Date By: Hurley 114:43 18z 04 00'6 Signature of Named Insured Date Christine Hurley, Monroe County Administrator Printed Name and Title of Person Signing Indian Harbor Insurance Company Name of Excess and Surplus Lines Carrier Professional Liability Type of Insurance July 27, 2026 Effective Date of Coverage APPRO%TD AS TO FORM AND LEGAL,SUFFICIENCY MONROE COUNTY ATTORNE "S OFFICE C an P Jones„Assistant Cau Attuxney Date: 5/2 ti 12 6 0110112022/Florida Surplus Lines Service Office N'pMipOL Pt,RCII MAl"tilAk ATTACHMENT D.5 COUNTY ADMINISTRATOR R CONTRACT T SIJMMARY FORM FOR.CONTRACT'S $100,000.00 and [Under Contract with: " [ "' 0(,k_ Contract# Effective Date: .__. ......... Expiration [date: Contract Purpose/Description.: _.. . ..... _.._._... . ._ _: . . .._- _..._..._ . _ ----L __I00-_______ _ _________...._._._ _._ _ .... _. _... .. Contract is(Original Agreement Contract Amendment/Extension Renewal cow Contract Manager: Seft, w 13- � 4 ) —fljov (Name) (Ext.) Ernail Address CONTRACT CT COSTS Total Dollar Value of Contract: �f 7 60.00 Current Year Portion: $ 00 (must be$100,000 or less) (lfmultiyear agreement then requires BOCC:.approval, unless the tool cumuPjnve arUrtrr.�rlt s.s"�1(Mi).4)C)C)(Y or less)Budgeted?Yes � No ❑ Grant: $ _ County Match: Fund/('ost Center/Spend Category: /6 5 i, ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (`Jot included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc;.) Insurance Required: YES NO E CONTRACT REVIEW Rev'Ser Department/Office Director/ Signature: Assistant Director Kelly Dugan Digit signed by Kelly Dugan County Attorney Signature: Date:2026.05.1208:08:20-04'00' Gaelan P Digitally signed by Gaelan P Jones Risk Management Signature: Date:2026.05.12 09:47:44-04'00' Digitally signed by Lisa Purchasing Signature: LlF� e U Abreu (email coiitracts�'A),tiionroecount fl. ov 08:58:54 Z0 ( il Y" b' } 08:5 -04'00' OMB Signature: Digitally signed by Arlene (email OMB ii'.monroecounty-fl.gev) pC�} Martinez Martinez Date 2026.05.27 Comments: 10:12:05-04'00' Revised BOCC 11/12/2025 AGREEMENT FOR Professional Waste Removal Services on Monroe County Conservation Lands This Agreement ("Agreement") made and entered into this day of April 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 Discount Rock & Sand, Inc. ("Contractor"), whose address is 10500 Aviation Blvd, Marathon, Florida, 33050. WHEREAS, County desires to contract for professional services to complete a cleanup of Monroe County conservation lands located on Key Largo; 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 waste removal services on Monroe County conservation lands 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 September 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 September 1, 2026. 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. Page 1 of 24 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 $ 45,760.00 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, tenninated, 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. 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. 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 Page 2 of 24 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. • COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. 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. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. • 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, 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 AND AUTO LIABILITY 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, Page 3 of 24 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 party 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 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, Page 4 of 24 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 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 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 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 Page 5 of 24 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 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 Page 6 of 24 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 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. Page 7 of 24 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. 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 tenns 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 Page 8 of 24 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 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 4089 KEY WEST, FL 330409 PUBLICRECORDS(a,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 Page 9 of 24 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. 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 Page 10 of 24 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 Edilberto Lopez County Administrator 10500 Aviation Blvd 1100 Simonton Street Suite 2 Key West, FL 33040 Marathon, FL 33050 (305) 292-4441 (305)743-5680 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 terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination,unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. C. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY Page 11 of 24 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 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. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II,¶ C, agrees as follows: Page 12 of 24 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 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 eeatfaefing 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 Page 13 of 24 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 $1,000,000 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 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. 37. 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 parry prior to submission. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. Page 14 of 24 38. r4UTUAL 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. 39. ENTIRE AGREEMENT This writing ernbodies the entire agreement and understanding between the patties hereto, and there are no other agreements and understandin,gs, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Ngreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becutmes effcctive. IN WrFNESS WHEREOF, the parties have caused this Agreement to be executed this day of 2026. MONROE COUNTY: Christine Hurley Digitally signed by Christine Hurley May 27, 2026 Date:2026.05.27 13:44:15-04'00' County Administrator or Designee Date Christine Hurley MONROE COUNTY An'ORNEY' APPROVED AS TO FORM CONTRACTOR NAME: y ilM by 11[y Du, PaW 2026bS,11 12�381 3 Kelly Dugan KELLY DUGAN Signature: ... _�e/_ ASST COUNTY AWORNEY Name:.--. _fih Title: tn< Date: 0. , Page 15 of 24 ATTACHMENT A Work Specifications Project: Cleanup of Monroe County conservation lands in Key Largo - Industrial Acres Area Location: See attached map with yellow polygons indicating proposed areas of cleanup, further described as follows: Conservation lands located in Industrial Acres Subdivision, located north of Hibiscus Lane Block 4, Lots 3-14, Industrial Acres Subdivision, having RE Nos. 00455570-000000, 00455580-000000, 00455590-000000, 00455600-000000, 00455610-000000, 00455620-000000, 00455630-000000, 00455640-000000, 00455650-000000, 00455660-000000, 00455670-000000, and 00455680-000000, and • Undeveloped Right of Way of Troup Road, RE No. 00455681-000000, and • Conservation lands in Hibiscus Park Subdivision, located east of Hibiscus Lane North side of canal - Block 1, Lots 18 -21, Hibiscus Park Subdivision, having RE Nos. 00507400-000000, 00507410-000000, 00507420-000000, and 00507430-000000, and the "launching strip" at the head of the canal (RE No. 00508170-000000), and South side of canal -the northern 25 feet (approximately) of Block 4, Lots 6-8, Hibiscus Park Subdivision, having RE Nos. 00508140-000000, 00508150-000000, 00508160-000000 Work Specifications: The purpose of this project is to remove all debris and solid waste to restore the conservation lands to their natural condition. The project includes the following: Removal and proper disposal of all solid waste, debris (including vegetative debris),trash, and litter spread throughout the subject conservation lands. The project does not include the removal of any vehicles or vessels if found on site. Project does not include the removal of buried waste if it would result in severe impacts to surrounding native trees and shrubs, as determined by the Land Steward. Although not expected to be found on site, if hazardous waste is found during the cleanup project, then the Contractor shall leave the waste in situ and contact the Land Steward's office for separate handling. Waste is considered hazardous if it can be found on lists published in Title 40, Part 261 of the U.S. Code of Federal Regulations (40 CFR Part 261). Access to the Industrial Acres parcels shall be via the west-east pathway / undeveloped road (Tree Garden Way / Troup Rd) which runs along the north side of the project area and the dirt"driveway" located on the east side of 1 Hibiscus Lane (within undeveloped ROW) and continues along the northside of the residences on Hibiscus Lane. Access to the other areas included in the project will be from Hibiscus Lane itself. Map 2 below shows the access paths as red lines and will be shown on site by the Land Steward. To improve access for cleanup, Contractor may remove non-native vegetation on-site with prior approval from Land Steward's office. Any cut vegetation may not be left on site and must be properly disposed of by the Contractor. Chipping is an Page 16 of 24 acceptable option for disposal of vegetative debris but mulch must be spread evenly across site (not left in piles) and may not cover existing native vegetation or be placed in wetlands. The mowed, disturbed areas of the County lands on the south side of the canal may be used by the Contractor for temporary staging of equipment, if necessary. This area is shown as blue polygon in Map 2 below. Waste material (other than vegetative debris as described above) must be hauled off site by the Contractor through the designated pathways. The site must be left in good condition, with no damage to native vegetation, subject to a final inspection by the Monroe County Land Steward. Please see attached maps. Page 17 of 24 Map 1 -Location of the Conservation Lands to be Cleaned delineated with Yellow Polygons - -,4r ---- m- it ' � f � r i Map 2-access mutes, in red and staging area(if needed) in blue w,�rram G� Page 18 of 24 ATTACHMENT C COUNTY FORMS NON-COLLUSION AFFIDAVIT 1, of the city 0A lh�'C-.4 A& according to law on my oath, and under penalty of perjury,depose and say that: t lam I' to of the firm of _L) the proposer making the Proposal,for the project described in the notice for calking for proposals for: 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 this proposal have not been 3. Unless otherwise required by law,the prices which have been quoted in knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly,to any other proposer or to any competitor;and 4. No attempt has been made or will be made by the proposer to induce any other person,partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge of said project.,-.,?/;, ar-Cr7--zca (Signature Proposer) (Date) STATE OF: R COUNTY OF: :�Mnn e0e, Subscribed and sworn to(or affirmed)before me,by means of[t_1'P'hysical presence or 0 online notarization,on (date) by �lA i I (name of affiant). He/She is personally known to me _or has produced --- (type of entifi ation) as identification. NOTARY PUBLIC (SEAL) My commission expires: OY-7-S SULLY ROCA Notary Public ,1, State of Florida ol -� Comm#HH645579 S'qpCE 19 Expires 4/23/2029 Page 19 of 24 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE 14 S 1,b- I //JJ 9 r/ - V(I -r(114 (Company) r-- fl 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 10-1990 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". (Signatures _ Date; ---- STATE OF: -1(-,--- �- COUNTY OF: Subscribed and sworn to(or affnmed)before me,by means of C iysical presence or❑ online notarization,on �, 9(-?C� (date) by (name of affiant). He/She is personally known to me ------------ or has produced _(type of identification)as identification. C P Lev -" 2i NOTARY POB-LIC / (SEAL) My commission expires: Q4RRYAs� SULLY ROCA � Notary Public State of Florida w' Comm#HH645579 El Expires 4/23/2029 Page 20 of 24 DRUG-FREE WORKPLACE FORM The undersized vendor in accor4a nce with Florida Statute Section 287.087 hereby certifies that: (Name of Business) l. 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 contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. 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-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complie fully with the above requirements- Pro os s Signature Date STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means of Q'physical presence or❑ online notarization,on (date)by r-a/ �,o�� r�)i/��'J� (name of affiant). e/She is personals known to me or has produced ......... ......... ...... (type of identification) as identification. �— (SEAL) e�otPY\w SULLY ROCA Notary Public State of Florida Comm#HH645579 SINCE 191'a Expires 4/23/2029 Page 21 of 24 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on 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 months from the date of being placed on the convicted vendor list." "//� � ,, .. Pro poser's I have read the above and state that neither �',�, n�a.,� sur��,� ��°G �� p name)nor any Affiliate-has been placed on the convicted vendor list within the last thirty-six(36) months. (Signatur Date: ."0-7 Z-o STATE OF: —__.._--_-- COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means of ysical presence or❑ online notarization,on ` -CJ- 12-c (date) by 6,_, (nameof affiant). He/She is personally known to me r7 . -- �-- ---' or has produced (type of identification)as identification. NOTAF Y PUBLI (SEAL) My commission expires: `�� 3, -3--�'� ^>�r"Aye SULLY ROCA Notary public . stata of Florida C,;orT )#HH645579 Expires 4/23/2029 Page 22 of 24 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): —�;+t VJ0 K 1 Respondent Vendor Name' V Q Vendor FEIN: Vendor's Authorized Representative Name and Title: ( 7 Address: AV j,Ct-f -,On 61 V d City: cT State: --L Zip: CtS Phone Number .�r'ir �1� 5-620 Email Address: A(IJ9h9&XI 41) (►.6.41 .A 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 of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Terrorism Sectors List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs.I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Certified y: �opLy. who is authorized to sign on behalf othe above referrence Authorized Signature: Print Name: L=tf, Title: Note: The List are available at the following Department of Management Services Site: http://www.dins.myflorida.com/business operations/state nurchasinQ/vendor information/convicted suspended dis criminatory complaints vendor lists Page 23 of 24 AFFIDAVIT ATTESTING T®NO COERCIVE CONDUCT FOR LABOR OR SERVICES Ent,. ... . .,,: ity/Vendor Name: W.�C oa._14 Vendor FEIN: 0 J , Vendor's Authorized Representative: 11 (r (Name and Title) Address: Wl City: '� �."��' 1�"�.f°i� _ State: — Phone Number: ( _�6 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 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 threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 797.06.Additionally, Vendor has reviewed Section 787.06,Florida Statutes, and agrees to abide by same. Certified By: i�, w .' ..I _ . _�— �._�-- who is authorized to sign on behalf of the above referenced company. tl� >i Authorized Signature: Print Name: Title: - q Page 24 of 24 ACOR" CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) `,.� 1 04/14/2026 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 Adrian Guerrero NAME: Southern Insurance Providers,LLC PHONE FAX EXt: (954)451-1408 AC No: 954-451-0952 a Dr E-MAIL 12555 Oran Karla Ins rovider.com g ADDRESS: � p INSURER(S)AFFORDING COVERAGE NAIC# Davie FL 33330 INSURERA: NAUTILUS INSURANCE COMPANY 17370 INSURED INSURERB: NATIONAL INDEMNITY INSURANCE COMPANY 42137 Discount Rock&Sand Inc. INSURER C: AGCS MARINE INSURANCE COMPANY 22837 10500 AVIATION BLVD INSURER D: Suite 2 INSURER E: Marathon FL 33050 INSURER F: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR PREM SES(Ea oNcur DAMAGE TO ante) $ 100,000 X POLLUTION LIABILITY MED EXP(Any one person) $ 5,000 A X X ECP2036918-14 02/28/2026 02/28/2027 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 XPOLICY� PRO- POLICY ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: POLLUTION LIABILIT` $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ B �/ OWNED �/ SCHEDULED AUTOS ONLY AUTOS X X 74APBO13675 02/28/2026 02/28/2027 BODILY INJURY(Per accident) $ /� /� XHIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident P.I.P. $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE X X FFX2036920-14 02/28/2026 02/28/2027 AGGREGATE $ 1,000,000 DED RETENTION$ POLLUTION LIABILIT` $ 1,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ ❑ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ COMMERCIAL INLAND MARINE $960,425.00 C EQUIPMENT X IMPE8255750400 02/28/2026 02/28/2027 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 1D1,Additional Remarks Schedule,may be attached if more space is required) Monroe County and Monroe County Land Authority are listed as additional insured Property Damage:$1,000,000 APPROVED BY RISK MANAGEMENT BY................cr1.¢.M�2rt..��.:..... ........................ DATE 4/14/26 WAIVER N/A X YES CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Key West, Florida 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ,.--lllk 05/11/2026 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 e Todd George 9 Bouchard Insurance for WBS-TG PHONE FAx PO Box 6090 A/c ND EXt: (866)293-3600 ext.623 vc ND: Clearwater, FL 33758-6090 ADDRESS: Q E-MAIL centre uest@g owbs.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Zurich-American Insurance Company 16535 INSURED INSURER B: Workforce Business Services,Inc.Alt.Emp:Discount Rock&Sand Inc 1401 Manatee Ave.West Ste 600 INSURER C Bradenton,FL 34205-6708 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:25FL079866489 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 INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMAGE S( RENTED CLAIMS-MADE El PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICYL PRO- ❑ PRODUCTS-COMP/OP AGG $ J 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 LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑ NIA WC90-00-818-15 12/31/2025 12/31/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Location Coverage Period: 12/31/2025 12/31/2026 Client# 054212 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Discount Rock&Sand Inc Coverage is provided for only those co-employees 10500 Aviation Boulevard of,but not subcontractors Marathon, FL 33050 APPROVED BY RISK MANAGEMENT to: By DATE �S/12/26�/ WAIVER N/A RYES _ CERTIFICATE HOLDER CANCELLATION Monroe County Board of Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Suite 2-231 ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE R_E�PRESENJTAATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 12016/03/ The ACORD name and Incin are rP_r1I5tP_rP_d markc of ACORD