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Home My Public Portal About09-7935 Patterson Pope Inc for Installation of Secure Weapons Storage Sponsored by: City Manager RESOLUTION NO. 09-7935 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OPA-LOCKA, FLORIDA, PIGGYBACKING THE CONTRACT BETWEEN THE STATE OF FLORIDA AND PATTERSON POPE, INC., ACCEPTING THE QUOTE FROM PATTERSON POPE, INC., AND AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS IN THE AMOUNT OF EIGHTEEN THOUSAND NINE HUNDRED AND FIFTY SEVEN DOLLARS AND SIX CENTS ($18,957.06) FOR THE PURCHASE AND INSTALLATION OF SECURE WEAPONS STORAGE CABINETS, EVIDENCE LOCKERS AND SHELVING FOR EVIDENCE AND RECORDS STORAGE FOR THE OPA-LOCKA POLICE DEPARTMENT, PAYABLE FROM ACCOUNT NO. 21-521646 WHEREAS, the City of Opa-locka ("City") Police Department is required to comply with certain Florida Department of Law Enforcement (FDLE) standards for the secure receipt and storage of property and evidence; and WHEREAS, the City's Police Department is need of secure weapons storage cabinets, evidence lockers and shelving for evidence and records storage to ensure compliance with FDLE standards; and WHEREAS, in accordance with Section 2-316(11) of the City Charter, the City Manager is recommending that the City piggyback Contract No. 420-420-07-1 between the State of Florida and Patterson Pope, Inc., and accept the quote for the purchase and installation of secure weapons storage cabinets, evidence lockers and shelving for evidence and records storage for the Opa-locka Police Department at a cost of Eighteen Thousand Nine Hundred and Fifty Seven Dollars and Six Cents ($18,957.06); and WHEREAS, the City Manager is requesting authorization from the City Commission of the City of Opa-locka ("City Commission") to purchase secure weapons storage cabinets, Resolution No. 0 9 9 3 5 evidence lockers and shelving for evidence and records storage for the Opa-locka Police Department at a cost of Eighteen Thousand Nine Hundred and Fifty Seven Dollars and Six Cents ($18,957.06). NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby piggybacks Contract No. 420-420-07-1 between the State of Florida and Patterson Pope, Inc.,, and accepts the quote from Patterson Pope, Inc., for the purchase and installation of secure weapons storage cabinets, evidence lockers and shelving for evidence and records storage for the Opa-locka Police Department at a cost of Eighteen Thousand Nine Hundred and Fifty Seven Dollars and Six Cents ($18,957.06). Section 3. The City Commission of the City of Opa-locka hereby authorizes the City Manager to expend funds in the amount of Eighteen Thousand Nine Hundred and Fifty Seven Dollars and Six Cents ($18,957.06) for the purchase and installation of secure weapons storage cabinets, evidence lockers and shelving for evidence and records storage for the Opa-locka Police Department, payable from Account No. 21-521646. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 23 day of SEPTEMBER , 2009. � I SEP 17. KELLEY MAY►R Resolution No. 0 9-7 9 3 5 Attest: Approved as to form and legal sufficiency: 4 40 i orah S. •y Burnadette Nofri 'Weeks City Clerk City Attorney Moved by: JOHNSON Seconded by: TAYLOR Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES QA.LOCk4 O � ; j Memorandum TO: Mayor Joseph L. Kelley Vice-Mayor Myra L. Taylor Commissioner Timothy Holmes Commissioner Dori by Johnson Commissioner � - •e Tydus FROM: B ry an K. Finnie,Inte /'Ci ty Manager DATE: August 24,2009 RE: POLICE EQ • PMENT PURCHASE Request: APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS IN THE AMOUNT OF $18,957 FOR THE PURCHASE AND INSTALLATION OF SECURE WEAPONS STORAGE CABINETTES, EVIDENCE LOCKERS AND SHELVING FOR EVIDENCE AND RECORDS STORAGE FOR THE POLICE DEPARTMENT IN ORDER TO COMPLY WITH REQUIREMENTS OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT INSPECTON, SAID EQUIPMENT TO BE PURCHASED FROM PATTERSON-POPE PER STATE CONTRACT. SAID EXPENDITURE TO COME FROM LINE ITEM No.212-521646. Description: 10 Sections of stationary shelves, 1 universal weapons rack for handgun storage, 1 universal weapons rack for rifle storage, 2 evidence lockers with a total of 14 openings. Financial Impact: The one time cost is $18,957.06 and is budgeted under Account No. 212- 521641 Implementation Time Line: Upon approval, it will 60 days for delivery and installation. Legislative History: None Recommendation(s): Staff recommends approval. Analysis: The Department is responsible for the provision of police services to the City of Opa- locka. Some of the services include collection and secure storage of evidence, found property and seized property. The Florida Department of Law Enforcement has set standards for the secure reception and storage of property and evidence. This equipment will bring the Department into compliance with those standards. Should the Department expand the Property and Evidence storage facility in the future, the equipment can be easily moved and remounted. The vendor is on Florida State contract. ATTACHMENT(S): 1. Quotation from Patterson-Pope, Space made simple. 2. Copy of State Contract as it relates to the vendor. PREPARED BY: James Smith END OF MEMORANDUM u rS t' a . -� t" r z t s �. �t�•"ca� '`�,a y- ,,,k. a .. patterson pope SPACE MADE SIMPLE. PROPOSAL FOR: City of Opa Locka Police Department Attn: Robert Bell 2495 Ali Baba Ave Opa Locka, FL DATE: July 1, 2009 QUOTE#: 105300 B DRAWING #: 23-105300 B3 We propose to furnish the material specified below at the prices quoted and under the conditions stated below. DESCRIPTION: DSM Evidence Lockers System design features: 1 — 82" H x 24" D x 36" W evidence locker with 6 openings (per drawing) 1 — 82" H x 24" D x 36" W evidence locker with 8 openings (per drawing) Pricing in Accordance with State of Florida State Contract List Price $19,800.00 52.1% discount per State of FL contract Net cost for end user $ 9,484.20 Installation $ 300.00 Freight $ 997.40 Inside Delivery $ 440.00 Total Price delivered and installed with State of FL contract discount: $11,221.60 10340 USA Today Way 954 .392.7874 M_ramar, FL 33025 rte; LT r i r , !AI Patterson--pope SPACE MADE SIMPLE. TOTAL COST INCLUDES: • Equipment • Planning & engineering • Freight • Inside delivery • Complete installation by Patterson Pope certified installers • Trash removal • Warranty SCOPE OF WORK • All charges associated and incurred pertaining to, freight, receiving, inside delivery to installation site including cleanup, staff training, preventative maintenance inspections during the warranty period, one (1) year term. • Provide coordination locally with building management and staff as may be required to insure all aspects of installation, building insurance and security clearances are required. • All delivery and installation to take place during normal business hours (8:00 AM to 5:00 PM/Monday— Friday, excluding company holidays). SPECIAL NOTES Customer will: • Approve drawings, including submittals, color selections. • Provide a cleared work area where the Spacesaver System is to be installed. Order Address: Patterson Pope Attn: Ross Brannon 10340 USA Today Way Miramar, FL 33025 10340 USA Today [Way 954.392.7874 Miramar, FL 33025 patterson,pope SPACE MADE SIMPLE. Payment Address: Patterson Pope C/o Danielle Devine 4180 St Johns Pkwy, Suite 1004 Sanford, FL 32771 Terms: refer to attached Subject to our credit department approval, this quotation is made for immediate acceptance and is subject to change without notice. Catalog items are made to order and entirely special orders are not subject to return. Deliveries are subject to delays from fires, strikes, and other causes beyond our control. We reserve the right to correct clerical errors. By: Patterson Pope 10340 USA Today Way Miramar, FL 33025 Accepted by: Date: EQUIPMENT METAL COLOR: CREDIT CARD INFORMATION MC OR VISA Name on card: Card# Exp date: PLEASE NOTE: DRAWING MUST BE SIGNED IN LOWER RIGHT HAND CORNER APPROVAL BLOCK! 10390 USA Today Way 959 .392.7879 Miramar, FL 33U2_ Spacesaver Products and Discount Structure Florida State Contract Educational I Institutional Furniture Mobile Products ommormee111.24,0M List Price Ran. _ Discount 41 00.00" $124,999,99 52.10% `.125,000,00-$187,499.99 52.60% 187,500,00 -$312,499,99 56,00% 12,500,00-$444 444, 0 58A0% commarl.../0117,11.0/107M[77./.." -Post& Case-T SbelvlRg_ Lta Price Ra Discount $100.00-$6,249.99 50,50% $6,250,00-$12499.99 52.90% $12,500.00-$21,249,99 57.60% $21,250.00-$444,444,00 59.90%, Cantilever Booksta91( Shell/1119 List Price Range Discount $100.00-$4,874.99 52.90% $4.875.00 -$13,374,99 57.60% $13,375.00- $23,999,99 59.60% $24,000.00.- $444,444.00 Md.S an List Price Range Discourit $100.00 -$124,999.99 52,10% $125,000.00- $187,499.99 52,60% 1$187,500,00 - $312,499,99 56,00% 1$312.500-00 - $444,444_00 . _ 58.40% Storal- Products I OSM Products Discount $100,00-$124,999.99 52.10% $125,000,00-$187.499.99 52.60% ,$157,500,00- $312,499.99 56.00% 312 500,00- $444 444.00 55,40% ota Store e Unite 'st Pride flan lie Disoount 4.100.00-$29,9g9.99 51.20% 4. 4,000.00 - $150,000.00 450.30% I • Discounts and list prices per current GSA contract FOB. Factory_ • Freight and installation not included and wil1 be priced on a job by job basis, • Warranty:5-years parts, 1-year Labor. • Shipments:Average 60 days ARO. • Payment Terms; Net 30 days. • FOB Points:All kerns shipped FOB Facboty within continental United States from 1450 Janesville Avenue, Fort Atkinson WI 53536, • Speoesa-ver ts a division of Kt. • Surcharges in effect at time of order w be applied to all individual orders. Current surcharges axe 5% for all mobile products and 20% for all shelving and storage products, Surcharps do not apply to DS/I.4 Evidence or Personal Duty Lockers. 1 x�YY ti � rr patterson pope SPACE MADE SIMPLE. PROPOSAL FOR: City of Opa Locka Police Department Attn: Robert Bell Property and Evidence Dept 2495 Ali Baba Ave Opa Locka, FL 33054 DATE: June 29, 2009 QUOTE #: 109322 DRAWING #: 23-109322 A 1 We propose to furnish the material specified below at the prices quoted and under the conditions stated below. 6—42"x 15" x 89 3/4" sections of stationary shelving 4—48" x 15" x 89 3/4" sections of stationary shelving 1 Universal Weapons Rack (UWR) outfitted for handgun storage 3 Universal Weapons Racks (UWR) outfitted for long gun storage Pricing in Accordance with State of Florida State Contract List Price for Shelving $3,913.68 50.5% discount per State of FL contract Net cost for end user $1,937.27 List price for UWRs $8,106.00 52.1% discount per State of FL contract Net cost for end user $3,882.77 Total Product cost for end user $5,820.04 Installation $ 353.75 Freight $ 996.67 Inside Delivery $ 565.00 Total Price delivered and installed with State of FL contract discount: $7,735.46 10390 USA Today Way 959.392.7879 Miramar, FL 33025 •"!i..,.:.r -:.• 't., • patterson,pope SPACE MADE SIMPLE. TOTAL COST INCLUDES: • Equipment • Planning & engineering • Freight • Inside delivery • Complete installation by Patterson Pope certified installers • Trash removal • Warranty SCOPE OF WORK • All charges associated and incurred pertaining to, freight, receiving, inside delivery to installation site including cleanup, staff training, preventative maintenance inspections during the warranty period, one (1) year term. • Provide coordination locally with building management and staff as may be required to insure all aspects of installation, building insurance and security clearances are required. • All delivery and installation to take place during normal business hours (8:00 AM to 5:00 PM/Monday—Friday, excluding company holidays). SPECIAL NOTES 10340 USA Today Way 954.392.7874 Miramar, FL 33025 r '6. fs F-, 2 patterson--,pope SPACE MADE SIMPLE. Customer will: • Approve drawings, including submittals, color selections. • Provide a cleared work area where the Spacesaver System is to be installed. Order Address: Patterson Pope Attn: Ross Brannon 10340 USA Today Way Miramar, FL 33025 Payment Address: Patterson Pope C/o Danielle Devine 4180 St Johns Pkwy, Suite 1004 Sanford, FL 32771 Terms: refer to attached Subject to our credit department approval, this quotation is made for immediate acceptance and is subject to change without notice. Catalog items are made to order and entirely special orders are not subject to return. Deliveries are subject to delays from fires, strikes, and other causes beyond our control. We reserve the right to correct clerical errors. By: Patterson Pope 10340 USA Today Way Miramar, FL 33025 Accepted by: Date: EQUIPMENT METAL COLOR: CREDIT CARD INFORMATION MC OR VISA Name on card: 10390 USA Today Way 959 .392.7879 Miramar, FL 33025 r. x { --, i e a .L c r w C cw t ak ? ; P�.F.S''c'-t%"-'-.... N patterson, pope SPACE MADE SIMPLE. Card# Exp date: PLEASE CORNER NOTE: DRAWING MUST BE SIGNED IN LOWER RIGHT HAND APPROVAL BLOCK! 10390 USA Today Way 959.392. 879 Miramar, FL 33025 KI Florida Team Page 1 of 7 Ver.-kirz F 'rr„1 t... —y ss Weiceme WORKING THE DETAILS • `, ` `��t� '+. KI=lcr da Team Ed:;1stitutiorat Contract Pretec_s&Discounts Authorized Servicing Dealers and Order—1g:rFormatio 1 Manufacturer Representatives Quick Ship Need kelp NOW SERVICING DEALERS Ervi°o lmerrta;Prey a-1s Purchase Order can be received from the following Servicing Dealers: Churchill&Associates CMC Data KI Website (Women Owned Business WBE) (Minority Owned Business MBE) 1802 Atapha Nene PO Box 6129 Tallahassee,FL 32301 Lakeland,FL 33807 (ft roak.i.c ern i,800.424-2432 Phone:850-339-1296 Phone:866-249-9348 Fax:886-637-0843 Fax: n/a Drew Marshall(president) mtobell @cmcdata.com Manny Bhuller(CEO) Michael Tobbell Vendor Tax ID#20-3114240 Vendor Tax ID#59-2534948 Corporate Interiors Inc. Core Services,Inc. (Women Owned Business WBE) (Minority Owned Business MBE) 1723 Commerce Ave.North 826 Creighton Road St.Petersburg,FL 33716 Pensacola, FL 32504 Phone:727-539-7544 Phone:850-471-0735 Fax:n/a Fax:850-478-6916 www.coroorateinteriors.com dpearce @coreservices.cc Marilyn Frank David Pearce Vendor Tax ID:n/a Vendor Tax ID#27-8012245643-0 Contract Office Solutions Commercial Design Services,Inc. (Minority Owned Business MBE) 4343 Frontage Rd.N. 2425 Larkin Street,Suite B Lakeland,FL 33810 Pensacola, FL 32514-5820 Phone:863-393-9380 Phone:850-477-2340 Fax:863-393-9395 Fax:850-477-2341 Doug Smaus Contact: David Pearce Email:dsmaus @cdstampa.com Email:dpearce @contractofficesolustions.com Vendor Tax ID#592925127-001 Vendor Tax ID#11-3833372 DOCS Business Interiors Everglades Trading Company (Woman-owned) (Minority Owned Business MBE) 6911 NW 22nd Street Unit H 1510 West Ave.A Gainesville,FL 32653 Belle Glade,FL 33430 Phone:352-378-1593 Phone:561-996-1212 Fax:352-378-1596 Fax:n/a Michael Garcia Email:n/a Email:michaelo @does-usa.com Kathy Cross Janet Hoopaugh Vendor Tax ID#65-0323242 Email:janet @dots-usa.com EIN#59-2886564 FJP Group Info Pro Concepts (Minority Owned Businesse MBE) (Minority Owned Business MBE) 335 South Biscayne Blvd.#1007 10702 Hood Road South Miami, FL 33131 Jacksonville, FL 32257 Phone:305-761-6653 Phone:904.292.4400 Fax:305-325-8048 Fax:904.292.1792 framl @fipgroup.com inforpro @comcast.com Frank J Pena Nicki Keene Vendor Tax ID#30-0187885 Vendor Tax ID#59-3329313 LM Office Supply&Furniture Morris&Associates,LLC (Women Owned Business WBE) DBA Morris Business Interiors 376 Douglas Road (Women Owned Business WBE) http://www.toplevelservice.com/sites/kiflorida/floridateam.asp 8/24/2009 KI Florida Team Page 2 of 7 Oldsmar, FL 34667 13506 Summerport Village Parkway Phone:800-223-0011 Windermere, FL 34786 Fax:n/a Phone:407-217-2816 Impusatera@imofficesupplv.com Fax:407-217-2818 Lee Ann Pusatera deb @morrisbusinessinteriors.com Vendor Tax ID#n/a Deb Morris Vendor Tax ID#20-4550389-001 Office Elements Office Concepts&Furniture Design,Inc. 2824 Center Port Circle (Women Owned Business WBE) Pompano Beach,FL 33064 118A NW 8th Ave Phone:954-782-1855 Gainesville, Fl 32601 Fax:954-782-1856 Phone:352-372-9500 doug@oe-furniture.com Fax:352-337-1177 Contact:Doug LaCerra officeconcepts @att.net Vendor Tax ID#65-0940785 Joseph K.Southerland Vendor Tax ID#593486761-003 Office Furniture&Design Concepts Paramount Studio Interiors (Small Business Enterprise SBE) 3000 SW 15th Street,Suite E 11866 Metro Parkway Deerfield Beach,FL 33442 Ft.Meyers, FL 33912 Phone:954-354-8087 Phone:239-337-1212 Fax:954-354-8039 Fax:239-337-4910 pessos@bellsouth.net joammons @ofdc-inc.com Susan Pesso Joe Gammons Vendor Tax ID#F043786329-001 Vendor Tax ID#562355458 Paramount Office Interiors Spacesaver Storage Systems,Inc. 3000 S.W. 15th.Street Area Contractor: Suite E Patterson Pope,Inc. Deerfield, FL 33442 4180 St.John's Parkway Phone:305-354-8087 Suite 1004 Fax:305-354-8039 Sanford, FL 32771 kharrison@professionalofficeservice.com Phone:800-432-6230 Kelly Harrison Fax:407-328-8188 ID#n/a Email:n/a Ron Nienhuis ID#56-0986683 Thomas Ruff of South Florida Thomas Ruff of South Florida (Minority Owned Business MBE) (Minority Owned Business MBE) 7830 Byron Drive Suite#2 3201 Commerce Parkway West Palm Beach,FL 33404 Miramar, FL 33025 Phone:561-472-9624 Phone:954-435-7300 Fax:561-840-1873 Fax:954-435-7212 Email:n/a abvlsma @ruffsouthflorida.com Rob Janeski Adriana Bylsma Vendor Tax ID#n/a Vendor Tax ID#73-1734988 Total Office Products Tylander Office Supply (Minority Owned Business MBE) 535 24th Street 9452 Phillips Hwy,Suite 7 West Palm Beach, FL 33407 Jacksonville, FL 32256 Phone:561-833-7997 Phone:904-260-0911 Fax:561-833-8010 Fax:904-260-7575 Email:alai @tvlander.com dennis @totalop-iax.com Gigi Tylander Contact:n/a Vendor Tax ID#59-2836379 Vendor Tax ID#593675084-001 Workplace Solutions,Inc. Contract Resources (Minority Owned Business MBE) Minority Business Enterprise 7014 A.C.Skinner Parkway A Division of Arte'Ditta, Inc. Suite 260 30 East Cedar Street,Suite 101 Jacksonville, FL 32256 Pensacola,FL 32502 Phone:904-997-8878 Phone:850-469-1272 Fax:904-997-8087 Fax:850-469-1273 Email:sroval @workplace.us Email:n/a Vendor Tax ID#59-3328859 Teresa Dos Santos,Dennis Johnson Vendor Tax ID#593030197 Other Authorized Servicing Dealers Not authorized to receive purchase orders from State Contract Users Abitar Contract Furnishings American Office Systems http://www.toplevelservice.com lsites/kiflorida/floridateam.asp 8/24/2009 KT Florida Team Page 3 of 7 1751 Mound Street#107 1613-2 Fruitville Road Sarasota, FL 34236 Sarasota, FL 34236-8529 Phone:941-955-5940 Phone:941-954-2050 Fax:n/a Fax:941-954-2067 slister @abitarfurnishings.com Email:s.sarqeaunt@aosystems.orq Shelly Lister Walter Baldwin Vendor Tax ID#20-1946679 Vendor Tax ID#59-1502834 Alabama Contract Sales Beaux Arts Group 507 Stage RoadB 8408 Benjamin Road Auburn,AL 36830 Tampa, FL 33634 Phone:334-821-4500 Phone:813-880-8686 Fax:334-821-4561 Fax:n/a Brent Beard Doug Reller Yvonne Matthews doua.reller @beauartsarouo.com Vendor Tax ID#n/a Vendor Tax ID#59-2783867 Beaux Arts Group Boring Business Solutions 6835 International Center Drive Blvd.Unit 3 938 Main Street Fort Myers, FL 33912 Lakeland,FL 33802 Phone:n/a Phone:863-686-3167 Fax:n/a Fax:n/a Vendor Tax ID#59-2783867 Vendor Tax ID#59-10935531 Central Florida Data Supply,Inc. Commercial Design Services,Inc. 6801 University Blvd.,Suite 9 5805 Barry Road Winter Park, FL 32792 Tampa,FL 33634 Phone:407-678-3282 Phone:813-886-0580 Fax:n/a Fax:813-884-6200 bobharvey @centralfloridadata.com lelliot @adstamoa.com Bob Harvey Lynn Elliot Vendor Tax ID#59-2664236 Vendor Tax ID#592925127-001 Commercial Design Services,Inc. Center Line Associates,LLC 640 Douglas Avenue,Suite 1514 276 Kidd Street Altamonte Springs, FL 32714 Ft.Walton Beach,FL 32548 Phone:407-774-4832 Phone:850-362-0019 Fax:n/a Fax:850-862-0888 maltieri@cdsorlando.com eddie@centerlineassociates.com Mark Altieri FEIN#26-1514034 Vendor Tax ID#59-2925127 Corporate Express Ernie Morris Enterprises,Inc. A Staples Company 232 North Main Street 9319 Peach Palm Ave Bushnell,FL 33513 Tampa, FL 33619 Phone:352-793-2745 Phone:813-623-3229 Fax:352-793-2778 Fax:n/a rmorris @earniemotrris.com david.cook @cexp.com Ronald E.Morris David Cook Vendor Tax ID#593044992-001 Vendor Tax ID#n/a The FJP Group Florida Business Interiors 335 South Biscayne Blvd.#1007 1300 E.Ave. Miami, FL 33131 Suite 120 Phone:305-761-6653 Tampa,FL 33605 Fax:305-325-8048 Kevin Baker frank @fipgroup.com Kbaker @4fbi.com Frank Pena Phone:(813)549-7310 Vendor Tax ID#30-0187885 Fax:n/a Vendor Tax ID#n/a Florida Business Interiors Florida Office Interiors 940 Williston Park Point 8130 Bayberry Road Lake Mary,FL 32746 Jacksonville, FL 32256 Phone:407-805-9911 Phone:904-731-0063 Fax:407-805-9977 Fax:901-731-4060 beckes@4fbi.com siacobs@foiusa.com Bob Eckes Steve Jacobs Vendor Tax ID#593151825-001 Vendor Tax ID#592975135-001 Furniture That Works GLT Total Office DBA Imaginoffice 1818 S Combee Road 1010 N. 12th Ave.,Suite 325 Lakeland, FL 33803 Pensacola,FL 32501 Phone:863-686-1799 Phone:850-429-1843 Fax:n/a http://www.toplevelservice.com/sites/kiflorida/floridateam.asp 8/24/2009 KI Florida Team Page 4 of 7 Fax:850-429-9794 bwise@oltoffice.com vg @imaginoffice.com Bill Wise Vance Gray Vendor Tax ID#n/a Vendor Tax ID#721395408 Heritage Product Resources,Inc. Holmes&Brakel PO Box 6593 3901 Coconut Palm Drive#102 Lakeland, FL 33807 Tampa, FL 33619 Phone:863-425-7100 Phone:813-229-6869 Fax:n/a Fax:n/a dick @hprcorp.com rrobinson @holmesbrakel.com Dick Bryan Rob Robinson Vendor Tax ID#59-3218679 Vendor Tax ID#59-3477771 Holmes&Brakel Business Interiors In-Design 8933 Western Way,Suite 2 2080 NW Boca Raton Blvd.#3 Jacksonville,FL 32256 Boca Raton,FL 33431 Phone:904-538-9883 Phone:561-620-8185 Fax:904-538-0578 Fax:n/a skino@holmesbrakel.com www.indesignstudio.net Susi King Karen Hansen Vendor Tax ID#593477771-001 Vendor Tax ID#n/a Interior Contract Services,Inc. Foster Business Interiors,Inc. 3939 John Young Parkway 1237 Prospect Promenade Orlando,FL 32804-3233 Panama City Beach,FL 32413 Phone:407-294-4141 Phone:850-234-5772 Fax:n/a Fax:850-236-6572 jsmith@interiorcontract.com sheila@fosterinteriors.com Jeff Smith Contact:Sheila Foster Weidner Vendor Tax ID#59-2343039 FEIN#58-1987841 J.C.White Office Furniture Keeton's Office&Art Supply 3501 Commerce Parkway 817 Manatee Avenue West Miramar, FL 33025 Bradenton, FL 34205 Phone:954-499-6677 Phone:941-747-2995 Fax:954-499-6678 Fax:n/a howard.rifkin @icwhite.com Email:n/a Howard Rifkin Mark Cosgrove Vendor Tax ID#F591851050-007 Vendor Tax ID#59-1309821 M Hanson Company MAT System,Inc. 1626 A-North Federal Hwy DBA Corporate Design System Fort Lauderdale, FL 33306 139 SE Elgin Parkway Phone:954-630-1500 Fort Walton Beach, FL 32548 Fax:954-630-1500 Phone:850-664-1249 jane@mhansonco.com Fax:850-664-1259 Contact:n/a Jessica @corporatedesignsystems.com Vendor Tax ID#F630431135-001 Jessica Lusk Vendor Tax ID#593051696 Meehan's Office Products Newton Seating 900 E.New Haven Ave. PO Box 2858 Melbourne, FL 32901 Jacksonville, FL 33203 Phone:321-727-3600 Phone:904-355-2080 Fax:n/a Fax:n/a sales@meehans.com m.bates@newton-fl.com Kathy Meehan Mike Bates Vendor Tax ID#59-1143356 Vendor Tax ID#59-1566453 OEC Business Interiors OEC Business Interiors 1601 NW 80th Blvd. 2393 SW Collage Rd. Gainesville,FL 32606 Ocala, FL 34474 Phone:352-332-1192 Phone:352-620-2888 Fax:352-333-8002 Fax:352-620-2891 info@oec-fl.com infor@oec-fl.com Alfredo Alvarado Alfredo Alvarado Vendor Tax ID#592866517-002 Vendor Tax ID#592866517-001 Office Depot Office Environments&Services,Inc. 1707 Orlando Central Parkway 1524 San Marco Blvd. Orlando,FL 32809 Jacksonville, FL 32207 Phone:386-383-0039 Phone:904-398-9761 Fax:n/a Fax:904-398-5095 Email:n/a cbrake @oesiax.com Contact:n/a Cindy Brake http://www.toplevelservice.com/sites/kiflorida/floridateam.asp 8/24/2009 KI Florida Team Page 5 of 7 Vendor Tax ID#59-2663954 Vendor Tax ID#590702086-001 Office Furniture Center Office Furniture Depot 2117 W Kennedy Blvd. 2440 US 98 North Tampa, FL 33606 Lakeland, FL 33805 Phone:813-254-7253 Phone:863-682-3450 Fax:n/a Fax:n/a margeofc@aol.com d.boles@officefumituredeoot.com Marge Grohskopf David Boles Vendor Tax ID#n/a Vendor Tax ID#n/a Office Product Solutions Office Products&Services,Inc. 6604 Haney Rd Suite H 208 Avenue A Tampa,FL 33610 Ft. Pierce, FL 34950 Fax:813-630-4765 Phone:772-464-0450 Bobby Canova Fax:n/a bcanova@opsfla.com ops100@bellsouth.net Vendor Tax ID#n/a Robert Tillman Vendor Tax ID#59-0748072 Office Equipment Company Paramount Office Interiors 104 East 1-65 Service Road North 3000 SW 15th St.,Suite E PO Box 160775 Deerfield, FL 33442 Mobile,AL 36607 Phone:n/a Phone:251-471-3368 Fax:n/a Fax:251-471-0019 Kelly Harrison Tom Bramlett Vendor Tax ID#n/a EIN#63-0650162 Perdue Office Interiors RKR&Associates L.L.0 8443 Baymeadows Road 10620 SW 69th Terrace Jacksonville,FL 33256 Ocala, FL 34476 Phone:904-737-5858 Phone:352-208-5311 Fax:n/a Fax:352-629-3982 ahimmelreich @perdueoffice.com karrierod @cfl.rr.com Allen Himmelreich EIN#20-8427183 Vendor Tax ID#59-2347840 Signature Products Southern Business Communications 10193 SW 74th Terrace 1801 S. Perimeter Rd.Ste. 120 Ocala, FL 34476 Fort Lauderdale, FL 33309 Phone:800-432-6190 Phone:954-334-1060 Fax:n/a Fax:954-334-1059 todd @signatureschoolproducts.com Email:n/a Todd Offutt JC Laucirica Vendor Tax ID#20-3199822 Vendor Tax ID#58-1428621 Storr Office Environments Storr Office Environments (Formerly Interior Design Services) 684 East Altamonte Drive 5112 West Linebaugh Ave. Altamonte Springs, FL 32701 Tampa, FL 33624 Phone:407-628-2400 Phone:813-418-3244 Fax:407-628-8941 Fax:813-222-0972 mwilkes@storr.com Matt Wilkes Vendor Tax ID#n/a Thomas W.Ruff&Company Total Office Solutions 911 S.Orlando Ave. 4301 Emerson St. Maitland,FL 32751 Jacksonville, FL 32207 Phone:407-599-6522 Phone:904-353-4020 Fax:n/a Fax:904-353-9661 adhaemmaohami @thomasruff.com Whiteford@tosinc.com Abdi Aghaemmhami Ricky Whiteford Vendor Tax ID#33-1113787 Vendor Tax ID#593444802-001 Universal Seating Office Environments,Inc. 3772 Kori Road 25 W.Cedar Street,Suite 315 Jacksonville,FL 32256 Pensacola,FL 32502 Phone:904-268-0241 Phone:850-434-1165 Fax:n/a Fax:850-434-1170 barry@universalseating.com bmcmahon@officeenvironments.com Barry Schuster Contact:Brian McMahon Vendor Tax ID#59-0761993 FIN#F631196513 Workscapes Workplace Resource 1040 Arlington Street 9302 Florida Palm Drive http://www.toplevelservice.com/sites/kiflorida/floridateam.asp 8/24/2009 KI Florida Team Page 6 of 7 Orlando,FL 32805 Tampa, FL 33619 Phone:407-599-6770 Phone:813-620-0048 Fax:n/a Fax:n/a stapie@workscapes.com susan.snare@workplaceresource.com Susan Tapie Susan Snare Vendor Tax ID#59-3503347 Vendor Tax ID#65-0799515 Workplace Resource R.George&Assoc.,Inc.(Main Office) 8999 Western Way,Suite 106 Central,North and N.West Florida Jacksonville,FL 32256 P.O.Box 2854 Phone:904-858-9918 De Land, FL 32721-2854 Fax:n/a Toll Free 866-833-3441 john.Greenwald @workplaceresource.com Phone:386-736-2326 John Greenwald Fax:386-736-3706 Vendor Tax ID#65-0799515 info @roeoroe.com Contact:Richard C.George, President Mary L. Bickel,Office Manager FEID#59-2954122 R.George&Assoc.,Inc. Gulf Coast Office Products South Florida and SW Florida 252 North Eglin Parkway 4741 Glenn Pine Lane Fort Walton Beach, FL 32547 Boynton Beach,FL 33436 Phone:850-244-6122 Toll Free:866-235-6960 Fax:850-434-0089 Phone:561-498-9810 Contact:Casey White Fax:561-498-0720 Fed ID#63-0967274 Contact:Aaron Kemble,Vice President Florida Resale:27-8013095940-4 Brian Humienny, Project Manager Gulf Coast Office Products 6020 Enterprise Drive Pensacola, FL 32505 Phone:850-434-5588 Fax:850-434-0089 Contact:Casey White Fed ID#63-0967274 Florida Resale:27-8013095940-4 MANUFACTURER REPRESENTATION The following field representatives will be participating on the State Contract team. Northern Florida John Shearer 117 Melissa Trail Territory: District Sales Auburndale, FL 33823 Northern Florida district Manager Phone:407-902-5378 Fax:863-968-0608 Cell/pager:407-902-5378 john.shearer @ki.com Erik Butler 15213 Merlinpark Place Territory: Sales Specialist Lithia, FL 33547 Tampa,Sarasota areas Phone:813-283-8321 Counties: Desoto, Hardee, Fax:813-571-5978 Hernando,Highlands, Hillsboro, Cell/pager:813-283-8321 Manatee, Pasco, Pinellas, Polk, erik.butler @ki.com Sarasota,Sumter Corey Brewer 464 Rocky Brook Court Territory: Sales Specialist Casselberry, FL 32707 Tampa,Melbourne,Daytona areas Phone:407-201-1440 Counties:Brevard,Indian River, Fax:407-699-0750 Lake Okeechotee,Orange, corev.brewer @ki.com Osceola,Seminole,St.Lucie, Volusia Open Territory: Jacksonville,Gainsville areas Counties:Alachua,Baker, Bradford, Citrus,Clay,Columbia,Dixie, Duval, Flager,Gilchrist,Hamilton, Lafayette, Levy,Marion, Nassau, Putnam,St.Johns,Suwanee, Union http://www.toplevelservice.com/sites/kiflorida/floridateam.asp 8/24/2009 KI Florida Team Page 7 of 7 Terry Montville 2140 Thunderbird Trail Territory: Government Maittand, FL 32751 Northern Florida district Sales Specialist Phone:407-925-1199 Fax:407-278-4060 terrv.montville@ki.com Southern Florida Scott Russell 547 NE 58th Street Territory: District Sales Miami,FL 33137 Southern Florida district Manager Phone:305-754-0324 Dade,Monroe Counties Fax:305-754-0951 Cell/pager:954-614-4030 scott.russell@ki.com Karen Laabs 680 SE 13th Street#103 Territory: Sales Specialist Dania Beach,FL 33004 Broward,Collier,Lee,Charlotte, Phone:920-676-1095 Everglades Counties Fax:954-921-7507 Cell/pager:954-734-5062 karen.laabs@ki.com Matthew Shaw 204 Pine Circle Territory: Sales Specialist Lake Worth, FL 33463 Palm Beach,Martin Counties Phone:561-641-5366 Fax:561-641-2690 Cell/pager:561-846-2178 matthew.shaw@ki.com Florida Panhandle Steve Burgess KI Atlanta Showroom Territory: District Sales 14 Piedmont Center Florida Panhandle District and Manager 35 Piedmont Rd.NE,Ste Tallahassee 110 Atlanta,GA 30305 Phone:404-869-0885 Fax:404-869-0889 steve.burgess@ki.com Ben Chappell 2300 First Avenue North Territory: Sales Specialist Suite 204 Florida Panhandle District and Birmingham,AL 35203 Tallahassee Phone:205-326-0102 Fax:205-326-0102 Cell/pager:334-524-5660 ben.chaDoell@ki.com Milton Bresler 2236 Garland Drive Territory: Sales Specialist Birmingham,AL 35216 Florida Panhandle District and Phone:205-822-3722 Tallahassee Fax:205-822-3739 Cell/pager:205-223-0170 milton.bresler@ki.com http://www.toplevelservice.com/sites/kifloridalfloridateam.asp 8/24/2009 • Governor Charlie Crist ', Secretary Linda H. South 40, E,,. f Division of State Purchasing 4050 Esplanade Way,Suite 360 DR ARTM ENT OF11t.41vr.CEMENT Tallahassee,Florida 32399-0950 SERVICES 850-488-8440:TEL 850-414-6122:FAX http://dms.myflorida.com CERTIFICATION OF CONTRACT TITLE: Educational/Institutional Furniture CONTRACT NO.: 420-420-07-1 ITB NO.: 07-420-420-M EFFECTIVE: 02/21/2007 through 02/20/2011 SUPERSEDES: 420-420-02-1 CONTRACTOR(S): See attached listing A) AUTHORITY-Upon affirmative action taken by the State of Florida Department of Management Services,a contract has been executed between the State of Florida and the designated contractors. B) EFFECT-This contract was entered into to provide economies in the purchase of Educational/Institutional Furniture by all State of Florida agencies and institutions. Therefore,in compliance with Section 287.042,Florida Statutes,all purchases of these commodities shall be made under the terms,prices,and conditions of this contract and with the suppliers specified. C) ORDERING INSTRUCTIONS -All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number,product number, quantity,description of item,with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D) CONTRACTOR PERFORMANCE-Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor,form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time,then form PUR 7029,Request for Assistance,is to be filed with this office. E) SPECIAL AND GENERAL CONDITIONS-Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. Authorized Signature (date) DSP/mb Attachments 2 Contractors Awarded: Academia Furniture Industries,A Division of Hertz Furniture Systems (A) August Incorporated(A) Blockhouse Company, Inc. (A) Capitol Seating Company, Inc. dba US Capitol (A) Clarin, a Division of Greenwich Industries, l.p. (A) Contemporary Interiors, Inc. (A) Crest Cabinet Manufacturing Corp. (A) DCI, Inc. (A) Educational Specialty Furnishings, Inc. (A) Electronic Classroom Furniture Systems, LC. (A) Fisher Hamilton LLC (A) Fixtures Furniture, Inc. A Jami Company(A) Foliot Furniture, Inc. (A) Global Industries, Inc. (A) Interior Concepts, Inc. (A) John Savoy& Son, Inc. (A) Kaplan Early Learning Company(A) Kentuckiana Foam, Inc. dba KFI Seating(A) KLN Steel Products Company(A) Krueger International, Inc. (A) Leland M. Thompson, Inc. dba Southwest Contract(A) Lesro Industries, Inc. (A) Midwest Folding Products, A Sagus International Company(A) Moduform, Inc. (A) Palmer Hamilton, LLC (A) Scholar Craft Products, Inc. (A) Sedia Systems, Inc. (A) Sico America, Inc. (A) Smith System Manufacturing Company(A) Synsor Corporation- Shuttle System Division(A) Toledo Furniture, Inc. (A) Tuff-Edge, Inc. (A) Virco, Inc. (A) VS America, Inc. (A) 3 CONTRACT ADMINISTRATOR MINA BAREKAT PHONE: 850.488.1985 SUNCOM: 278.1985 E-MAIL: mina.barekat(adms.m\7 florida.com 4 TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS (PUR1001 Rev 10/06) 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS 4.0 GENERAL CONTRACT CONDITIONS(PUR 1000 Rev 10/06) 5.0 SPECIAL CONTRACT CONDITIONS 6.0 FORMS 5 1.0 INTRODUCTION CONTENTS: 1.1 Purpose and Scope. 1.2 Contact. 1.3 Event Timeline. 1.1 Purpose and Scope. The State of Florida,Department of Management Services,Division of State Purchasing invites interested Bidders to submit bids in accordance with these solicitation documents. The purpose of this solicitation is to establish a forty-eight (48) month State Term Contract for the purchase of Educational/Institutional Furniture by all Eligible Customers (as defined in Section 5.1). Florida's e-procurement system, MyFloridaMarketPlace (the "System"), will be used to conduct this event. The contract term is anticipated to begin February 21,2007. The estimated annual spend on this contract is $18 million. This estimated figure is supplied as a guide for preparing responses and should not be construed as representing actual sales. The scope of this contract includes furniture commonly used in educational facilities or institutions, including but not limited to: dormitory furniture, cafeteria/dining furniture, classroom furniture, laboratory furniture, outdoor furniture, folding tables & chairs, auditorium seating, lockers, stages & risers, individual and multiple seating units, and healthcare furniture. See section 5.0, paragraph 5.3 for specifically excluded items. 1.2 Contact. The primary contact for this solicitation is: Mina Barekat Purchasing Analyst Division of State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 Mina.Barekat(�dins.myflorida.com 6 1.3 Event Timeline. The following anticipated timeline applies to this solicitation: Event Time Date ITB Release 5:00 p.m. November 28,2006 Preview period—MyFloridaMarketPlace will November 28,2006 thru not accept bids during this period. December 7,2006 Deadline for Questions Submitted via the 5:00 p.m. December 7,2006 Q&A Board within MyFloridaMarketPlace Sourcing Tool. Bidding Period Opens. Answers to Bidder Questions Posted 5:00 p.m. December 11,2006 Bidding Period Closes-ITB Submission 5:00 p.m. December 22,2006 Deadline in MyFloridaMarketPlace Sourcing Tool. Notice of Intent to Award Posted 5:00 p.m. January 8,2007 Anticipated Contract Effective Date February 21,2007 7 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS(PUR 1001 REV 10/06) Contents 1.Definitions. 2. General Instructions. 3.Electronic Submission of Responses 4.Terms and Conditions 5. Questions 6.Conflict of Interest 7. Convicted Vendors 8.Discriminatory Vendors 9.Respondent's Representation and Authorization 10.Manufacturer's Name and Approved Equivalents 11.Performance Qualifications 12.Public Opening 13.Electronic Posting of Notice of Intended Award 14.Firm Response 15.Clarifications/Revisions 16.Minor Irregularities/Right to Reject. 17.Contract Formation 18.Contract Overlap 19.Public Records 20.Protests 21. Limitation on Vendor Contact with Agency During Solicitation Period 1. Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. The "Buyer"may also be the "Customer" as defined in the PUR 1000 if that entity meets the definition of both terms. (b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) "Response"means the material submitted by the respondent in answering the solicitation. (e) "Timeline"means the list of critical dates and actions included in the Introductory Materials. 2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 3. Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response"button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: • an electronic signature on the response,generally, • an electronic signature on any form or section specifically calling for a signature, and 8 • an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 4. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation,which,in case of conflict,shall have the order of precedence listed: • Technical Specifications, • Special Conditions and Instructions, • Instructions to Respondents(PUR 1001), • General Conditions(PUR 1000),and • Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 5. Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation,a process addressed in paragraph 19 of these Instructions. 6. Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer,director,employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent(5%)or more in the respondent or its affiliates. 7. Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: • submitting a bid on a contract to provide any goods or services to a public entity; • submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; • submitting bids on leases of real property to a public entity; • being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and • transacting business with any public entity in excess of the Category Two threshold amount ($25,000)provided in section 287.017 of the Florida Statutes. 8. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: • submit a bid on a contract to provide any goods or services to a public entity; 9 • submit a bid on a contract with a public entity for the construction or repair of a public building or public work; • submit bids on leases of real property to a public entity; • be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity;or • transact business with any public entity. 9. Respondent's Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following,the respondent shall submit with its response a written explanation of why it cannot do so). • The respondent is not currently under suspension or debarment by the State or any other governmental authority. • To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10)years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. • Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. • The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent,and they will not be disclosed before the solicitation opening. • The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. • The product offered by the respondent will conform to the specifications without exception. • The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. 10 • If an award is made to the respondent,the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. • The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. • The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent's preparation of its bid. • All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 10.Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names,brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Buyer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent. 11. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. In determining Respondent's responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and the contract. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely,the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract,but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 12.Public Opening.Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071(1)(b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5)workdays prior to the solicitation opening. If you are hearing or speech impaired,please contact the Buyer by using the Florida Relay Service at(800)955-8771 (TDD). 13. Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at 11 http://fcn.state.fl.us/owa vbs/owa/vbs www.main menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 14. Firm Response. The Buyer may make an award within sixty(60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion,be accepted or rejected. 15. Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. 16. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. 17. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. 18. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 20. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness,fairness,necessity and reasonableness in the solicitation process. Section 120.57(3)(b),F.S.and Section 28-110.003,Fla.Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120,Florida Statutes." 12 Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120,Florida Statutes." 21. Limitation on Vendor Contact with Agency During Solicitation Period. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents.Violation of this provision may be grounds for rejecting a response. 13 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS CONTENTS: 3.1 Additional Definitions. 3.2 Order of Events. 3.3 MyFloridaMarketPlace Sourcing Tool Training. 3.4 Sourcing Tool Tips. 3.5 Email Notification. 3.6 Order of Precedence. 3.7 Who May Bid. 3.8 Execution of Bid. 3.9 Submittal of Bid. 3.10 Amendments to the Solicitation Documents. 3.11 Bid Evaluation Criteria. 3.12 Ordering Instructions/Contact Information. 3.13 Basis for Award. 3.14 Special Accommodation. 3.15 Technical Documentation. 3.16 Lobbying. 3.1 Additional Definitions. "Manufacturer"means the entity that holds the trademark in the identified brand name. "Manufacturer's Price List" means the most recent document published by the Manufacturer that details products available,model numbers,options,and prices for each. "Servicing Dealer"refers to a person or entity authorized by the Manufacturer to sell the Manufacturer's products in the Florida government market. 3.2 Order of Events. Respondents will review and become familiar with the Event Timeline and solicitation documents, enter any questions in the MyFloridaMarketPlace Sourcing Tool Q&A Board by the date and time specified in the Event Timeline, answer all questions, submit required documents, complete information within the MyFloridaMarketPlace Sourcing Tool Items Tab for this solicitation including pricing and related terms. The Event Timeline gives the date and time(where applicable)for major activities in the solicitation. See Section 1.3 of this solicitation document for the Event Timeline. 3.3 MyFloridaMarketPlace Sourcing Tool Training. This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool. Training materials can be found at http://marketplace.myflorida.com/vendor/vendor solicitation help.htm. Copy link and paste into access site! Download and review the document titled ITB Event User Guide. • For all technical questions about the Sourcing Tool, vendors should contact the MyFloridaMarketPlace Customer Service Desk at (866) FLA-EPRO or vendorhelp(eb,myfloridamarketp lace.com. 14 • For additional information / assistance on using the Sourcing Tool, please visit the MyFloridaMarketPlace website at following link: https://marketplace.myflorida.com/vendor/vendor solicitation help.htm. This site includes: a. Solicitation User Guides b. OnDemand web-based Sourcing training link c. WinZip FAQs d. Vendor FAQs 3.4 Sourcing Tool Tips. When working in the Sourcing Tool,be aware of the twenty minute time-out function in the tool.This means that you should save your work(click the SAVE button)at intervals of less than twenty minutes to insure your entries since you last saved are not lost. Please note that clicking the SAVE button within the Sourcing Tool only saves your bid responses. The SAVE button does not transmit your bid response to the State. In order to transmit your bid response to the State,you must click the SUBMIT button on the SUMMARY page of the bid response. After hitting the SUBMIT button, it is your responsibility to check your submitted bid response within the Sourcing Tool to verify that your response is accurately and completely captured within the Sourcing Tool. You must do this while there is time remaining in the bidding period in case you discover an error and need to resubmit a revised bid response. To validate your bid response,you should do the following before the bidding period ends: 1. Go to the "My Bids/My Responses"tab within Sourcing Tool after you submitted your bid response 2. Click on the Bid ID number of your last submitted bid response 3. Review entire bid response to make sure all responses are complete, accurate and as you intended to submit. Minimum areas to check are: > Text boxes—Is your entire answer viewable? ➢ Yes/No questions—Is the displayed answer correct? > All uploaded document files / scanned documents — Can you open attached document and clearly view entire content? > Offline electronic backup copy sent to the State (if applicable) - Can you open attached document and clearly view entire content? Does content of this file match your bid response within the tool(e.g.,not an earlier version or working copy)? ➢ Pricing Information—Price Sheet(Section 6)uploaded to Sourcing Tool. > Required Items—are all items listed on the Bid Preparation Checklist completed as required within the Sourcing Tool? It is strongly recommended not to wait until the last minute to save and submit your bid response. 3.5 Email Notification. Vendors are reminded that the Sourcing Tool's email notifications are an option provided to bidders as a courtesy. The State of Florida is not under any obligation and does not guarantee that bidders will receive email notifications concerning the posting, amendment or close of solicitations. Vendors are 15 responsible to check the MyFloridaMarketPlace Sourcing Tool and/or the Vendor Bid System for information and updates concerning solicitations. 3.6 Order of Precedence. Respondents are encouraged to carefully review all materials contained herein and prepare bids accordingly. In the event any conflict exists between the Special and General Instructions, those instructions specified in the Special Instructions shall prevail. In the event any conflict exists between the Special and General Conditions,those conditions specified in the Special Conditions shall prevail. All responses are subject to the terms of the following sections of this ITB, which, in case of conflict, shall have the order of precedence listed: o Special Contract Conditions(Section 5) o Special Instructions to Respondents(Section 3) o General Instructions to Respondents(PUR 1001)(Section 2) o General Contract Conditions(PUR 1000)(Section 4) o Forms(Section 6) o Price Sheet(Section 6) This section supersedes Section 2.4,Terms&Conditions,of this solicitation. 3.7 Who May Bid. The Department will accept bids from responsive and responsible Manufacturers (only) that meet all requirements of this Invitation to Bid. In furtherance of the One Florida Initiative, Respondents are encouraged to seek the participation of certified minority business enterprises (CMBE). Information on the One Florida Initiative and CMBEs is available from the Office of Supplier Diversity at http://osd.dms.state.fl.us. 3.8 Execution of Bid. The bid shall include all appropriate forms located within the MyFloridaMarketPlace Sourcing Tool RFX Info Section and complete information within the MyFloridaMarketPlace Sourcing Tool Items Tab for this solicitation including pricing and related terms. Failure to provide all requested information within the bid package may result in rejection of the bid. 3.9 Submittal of Bid. Respondents will submit their final bid via the MyFloridaMarketPlace Sourcing Tool. In the event a Respondent submits more than one bid, only the last bid received by the MyFloridaMarketPlace Sourcing Tool shall be considered for award. Respondents are responsible for ensuring that its bid is submitted at the proper time. The Department shall not consider late bids and the MyFloridaMarketPlace Sourcing Tool will NOT accept bids after the due date and time specified in the Event Timeline,or as amended by the Department. BIDS MUST BE SUBMITTED IN THE MYFLORIDAMARKETPLACE SOURCING TOOL BY THE DATE SPECIFIED IN THE EVENT TIMELINE. Manufacturer's Price List and product literature must be received in CD format no later than the bid closing date and time,to the contact listed in Section 1.2. Other items,as detailed in the Evaluation Checklist(Section 6),must also be received no later than the solicitation closing date and time,to the contact listed in Section 1.2. Outer packaging shall clearly state solicitation title and number,and opening date and time. 16 3.10 Amendments to the Solicitation Documents. The Department reserves the right to issue amendments to the solicitation. Notice of any amendment will be posted within MyFloridaMarketPlace and the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and/or reviewing the formal changes to the solicitation. Each bidder is responsible for monitoring the sites for new or changing information concerning this solicitation. 3.11 Bid Evaluation Criteria. The Department shall evaluate eligible responsive bids. Bids that do not meet all requirements of this solicitation or fail to provide all required information, documents, or materials will be rejected as non- responsive. Respondents whose bids, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non-responsible. The Department reserves the right to determine which bids meet the requirements of this solicitation,and which Bidders are responsive and responsible. 3.12 Ordering Instructions/Contact Information. On the Ordering Instructions form located in the Forms Section of this RFX, bidders shall identify persons responsible for answering questions about the bid and administering the Contract and shall provide information necessary for placing orders under the Contract. Bidders shall also include a list of authorized servicing dealers with contact name, mailing address, telephone numbers, email address, and URL. This document will then be uploaded back into the space provided in the Forms Section of this RFX. 3.13 Basis for Award. The Department reserves the right to award all items to a single vendor or award to multiple vendors by item, category,or any other separable portion if deemed to be in the best interest of the State. The Department reserves the right to accept or reject any and all bids, or separable portions, and to waive any minor irregularity, technicality,or omission if the Department determines that doing so will serve the State's best interest. 3.14 Special Accommodation. Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at(850)488-8440 at least five(5)workdays prior to the bid opening. If you are hearing or speech impaired,please contact State Purchasing by using the Florida Relay Service at(800)955-8771 (TDD). 3.15 Technical Documentation. Reference Section 3.9, Submittal of Bid, for documentation requirements. Respondent shall not assume that required documentation is otherwise available to State Purchasing, and the State shall not be responsible for the accuracy of any technical documentation already in its possession. Additional technical documentation may be requested at any time before or after contract award. Failure to supply this technical documentation when requested may result in rejection of your bid response or termination of contract. 3.16 Lobbying. The Respondent shall not lobby the legislative,judicial or executive branches, or any State Agency on any aspect of this Contract during the procurement process (ie. from time contract is advertised to 17 execution of a contract) associated with the Contract. Violation of this restriction can be cause for disqualification from the procurement process. Respondents are advised that the following will be included in the Contract for these services: In accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency. 18 4.0 GENERAL CONTRACT CONDITIONS(PUR 1000 REV 10/06) Contents 1.Definitions. 2.Purchase Orders. 3.Product Version. 4.Price Changes Applicable only to Term Contracts. 5.Additional Quantities. 6.Packaging. 7.Inspection at Contractor's Site. 8. Safety Standards. 9.Americans with Disabilities Act. 10.Literature. 11.Transportation and Delivery. 12.Installation. 13.Risk of Loss. 14.Transaction Fee. 15.Invoicing and Payment. 16.Taxes. 17.Governmental Restrictions. 18.Lobbying and Integrity. 19.Indemnification. 20.Limitation of Liability. 21.Suspension of Work. 22.Termination for Convenience. 23.Termination for Cause. 24.Force Majeure,Notice of Delay,and No Damages for Delay. 25.Changes. 26.Renewal. 27. Purchase Order Duration. 28.Advertising. 29.Assignment. 30.Antitrust Assignment 31.Dispute Resolution. 32.Employees,Subcontractors,and Agents. 33.Security and Confidentiality. 34.Contractor Employees,Subcontractors,and Other Agents. 35.Insurance Requirements. 36.Warranty of Authority. 37.Warranty of Ability to Perform. 38.Notices. 39.Leases and Installment Purchases. 40.Prison Rehabilitative Industries and Diversified Enterprises,Inc.(PRIDE). 41.Products Available from the Blind or Other Handicapped. 42.Modification of Terms. 43.Cooperative Purchasing. 44.Waiver. 45.Annual Appropriations. 46.Execution in Counterparts. 47.Severability. 19 1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer"may also be the"Buyer"as defined in the PUR 1001 if it meets the definition of both terms. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through(f)thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15)and(16)of the Florida Statutes. 3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services,the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b)Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed(1)starting and ending dates of the promotion,(2)products involved,and(3)promotional prices 20 compared to then-authorized prices. Promotional prices shall be available to all Customers. Upon approval,the Contractor shall provide conspicuous notice of the promotion. (d) Trade-In_Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273,F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 5.Additional Quantities.For a period not exceeding ninety(90)days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 7. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice,the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 8. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished,for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 9. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually,hearing,or other physically impaired individuals. 10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example,user manuals,price schedules,catalogs, descriptive brochures,etc. 11. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within 21 thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 12.Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge,unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition,with everything in satisfactory repair and order. 13. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing,processing,and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System("System"). Pursuant to section 287.057(23),Florida Statutes(2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032,F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible,be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A-1.006,F.A.C. 22 15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms—EDI 810,cXML,or web-based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes,which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 17. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly(1)offer,confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation,vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include,but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of(1)three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel 23 and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 19. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors,provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent,trade secret or intellectual property right,provided,however,that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor(1)written notice of any action or threatened action, (2)the opportunity to take over and settle or defend any such action at Contractor's sole expense, and(3)assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent,which shall not be unreasonably withheld. 20. Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of$100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order,no party shall be liable to another for special, indirect,punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor,retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or 24 other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days,or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 22. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract,if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or(4) abide by any statutory,regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable,within five(5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct,indirect,consequential,impact or other costs,expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to 25 products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses)to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 25. Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications,provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 27. Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state term or agency contract's term shall be considered void. Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance,and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order(ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity,the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein,and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 26 28.Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including,but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors,dealers,resellers, or service representative. 29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract,or under any purchase order issued pursuant to the Contract,without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods,materials or services purchased in connection with the Contract. 31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee,subcontractor,or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications,quality of work,change in security status,or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors,or agents. 33. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including,but 27 not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 34.Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include,but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment)from an employer other than the State of Florida. 35. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request,the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 36. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 37. Warranty of Ability to Perform. The Contractor warrants that,to the best of its knowledge,there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 38. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested,by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing,if someone else is designated to receive notice. 39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment- purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are 28 concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. 41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms,including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 45. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 46. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 47. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 29 5.0 SPECIAL CONTRACT CONDITIONS CONTENTS: 5.1 Eligible Customers 5.2 Eligible Products 5.3 Excluded Products 5.4 Product List 5.5 Delivery 5.6 Warranty 5.7 Price 5.8 Price Adjustments 5.9 Installation Charges 5.10 Space Planning/Design Fees 5.11 Special Sales Offers 5.12 Changes To Purchase Orders 5.13 Changes To Invoices 5.14 Purchasing Card Program 5.15 Servicing Dealers 5.16 Conformance To Codes 5.17 Contract Service Requirements 5.18 Delays&Complaints 5.19 Ethical Business Practices 5.20 Sales Requirements 5.21 Reporting Requirements 5.22 Contract Revisions 5.23 New Products 5.24 References 5.25 Contractor State Contract Web Page 5.26 MyFloridaMarketPlace Electronic Catalog Requirement 5.27 State Objectives 5.28 Environmental&Recycled Content Requirements 5.29 Insurance 5.30 Contractor Additions 5.1 Eligible Customers Eligible customers of the contract are all governmental agencies,as defined in Section 163.3164,Florida Statutes,which have a physical presence within the State of Florida; any independent,non-profit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. Specific Authority 287.042(12)FS. Law Implemented 287.012(12)FS. History- New 8-24-04. Reference General Contract Conditions,PUR 1000,for additional information. 5.2 Eligible Products The Department reserves the right to determine scope compatibility for the Contract. All products offered under this contract shall be new and unused and in current production. Remanufactured or refurbished products are not a part of this offering. No series shall be considered for award if already awarded on or in conflict with another State contract. Eligible products for this contract include,but are not limited to: • Dormitory Furniture(beds,dressers, tables,workstations, chairs, storage, lounge furniture, etc.) 30 • Healthcare Furniture(patient room furniture,waiting room furniture,nursing station desks& seating, sleeper chairs,etc.) • Classroom Furniture(student&teacher desks,student&teacher seating,stools,tables, workstations,computer stations, lab furniture,fume hoods, bookcases, storage cabinets, etc.) • Cafeteria&Dining Furniture(tables,booths,chairs, stools,cabinets,etc.) • Institutional Furniture(auditorium seating, lobby seating, lockers,stages,risers,folding tables& chairs,display cabinets,etc.) • Outdoor furniture(tables, chairs,benches) Minor customization of standard product is allowable. Customizations that alter the basic structure or function, or substantially change the appearance of a standard product are not considered minor and will require approval from the Department prior to presentation. The Department reserves the right to require samples of proposed products before making a final determination of acceptance. 5.3 Excluded Products Items excluded from the Contract include: • Remanufactured or refurbished products. • Any items or product lines currently awarded under another state term contract. • Any items or product lines that may qualify for award under another state term contract. • Park accessories, site accessories, medical equipment, lighting, carpets/rugs, and decorative accessories and items. 5.4 Product List The Product List Form is a listing of product categories available in this Contract(see Section 6 Forms). A category listing, and a listing of Contractors providing those products,will be made available as a reference aid to Customers. This completed Product List form shall be submitted with the ITB response within the Sourcing Tool. 5.5 Delivery. Delivery of standard product is required within 90 days from receipt of a Purchase Order containing complete and correct ordering information. Exceptions(for special finishes, custom fabrics,or other non- standard options, large volume order, etc.) shall be negotiated with the Customer. Delivery delayed beyond 90 days or the agreed upon term must be justified to the Customer in writing, and if requested, the Contractor shall provide furniture on a temporary rent-free basis until delivery of ordered items is completed. Any known factors that may disrupt the delivery schedule (shut-downs, inventory periods, etc.)must be clearly stated in the product quote. Multiple delivery points must be clearly indicated on the Purchase Order. Customer shall list delivery locations and instructions in the body of the Purchase Order, as well as the commodity number and quantity for each location. For non-installed orders, items shall be unloaded by the delivering carrier and placed on the Customer's loading dock. If there is no loading dock, items shall be unloaded by the carrier and placed in a space immediately adjacent to the carrier's vehicle at the delivery location. For orders specifying inside (non-installed) delivery, items shall be unloaded and delivered by the delivering carrier and placed inside the door on the first or ground level floor of the building. 31 For installed orders, the Contractor or it's representative shall be responsible for receipt, inspection, and assembly of items delivered in the area designated by the Customer, as well as prompt removal and disposal of all debris resulting from the delivery. The Customer shall be responsible for the immediate removal of any existing furniture from the area in which the items are to be installed. Elevators must be made available if more than one story. If no elevator is available, delivery shall be made to the ground floor or an additional delivery charge shall be negotiated if the Contractor is willing to transport the items via stairways. 5.6 Warranty. All products shall be warranted by the Contractor against mechanical, electrical, and workmanship defects for a warranty period of at least 5 years, or the period stated in the manufacturer's warranty, whichever is greater. Fabric and pneumatic cylinders shall be warranted for a minimum of 1 year. Should defects become evident within the warranty period,the Contractor shall either repair the defective parts and materials or replace the contract item at no additional cost. The warranty period shall start with the date of product acceptance and shall be extended to include times during which the products are out of service for warranty repair. 5.7 Price Respondent shall submit a completed Price Sheet within the MyFloridaMarketPlace Sourcing Tool Items Tab for this solicitation. Price shall be submitted as a discount off of the current Manufacturer's Price List. If Respondent holds a Federal GSA contract, the same pricing must be'offered to the State. A copy of the GSA contract and corresponding price list(or the GSA discounted price list) shall be submitted in CD format no later than the opening date and time of the solicitation. The Department reserves the right to reject any discount or term less favorable than those provided to other public entities or cooperative groups, or any discount that does not offer substantial savings to the State. Contractor must honor "fill-in" or "additional quantity" orders at the same pricing and discount for 90 days after substantial completion of a single job, delivered to a single location. 5.8 Price Adjustments Revisions to pricing or terms must be requested in writing and must be approved by the Department prior to advertisement or implementation. Contractor shall: • Submit written justification for requested adjustment • Submit new or revised price list(if applicable) • Submit copy of GSA approval(if applicable) • Identify percentage(s)of requested increase and affected products or services,or • Identify percentage(s)of requested decrease and affected products or services • Update Contractor State Contract Web Page and electronic catalog in MyFloridaMarketPlace immediately following written approval When applicable,price increase requests that exceed corresponding Producer Price Index (PPI) increases for the most appropriate commodity category will not be approved. Other review factors may include,but are not limited to, previous pricing adjustments, comparative study of other Contractors offering similar 32 products, and market trends. The Department reserves the right to accept or reject any requested pricing adjustment, or terminate the contract for convenience. Unapproved pricing marketed to Eligible Customers may be grounds for finding the Contractor in default, and the Contractor shall be responsible for any reprocurement costs incurred by the Customer. 5.9 Installation Charges Installation charges shall be listed on the Price Sheet as a per-item fee,percentage of price fee, or negotiable per project. Installing agent shall be responsible for receipt,inspection,assembly of items,and debris removal at the location listed on the purchase order. Separate installation charges shall apply to any required reconfiguration of furniture during the term of the Contract. Additional charges for installation during non-regular work hours or other unique applications shall be agreed upon in writing and approved by the Customer prior to installation services being performed. 5.10 Space Planning/Design Fees Space Planning fees shall be listed on the Price Sheet as an hourly fee,percentage of price fee,or negotiable per project. Customer shall approve Space Planning fees in writing prior to any services being performed by the Contractor or Servicing Dealer. 5.11 Special Sales Offers Contractors are required to present any special sales offers or programs to the Department for approval prior to implementation or presentation. Any special sales proposals approved for the Contract must be accessible by any Eligible Customer. 5.12 Changes to Purchase Orders. A Purchase Order issued pursuant to the Contract is a binding agreement. Customers should verify the accuracy of their Purchase Orders. Changes to Purchase Orders are subject to the following: Changes in the number of units, commodity number, description, features or colors can only be made subject to the approval of the Contractor; Changes to the method of delivery or the designated delivery location can only be made subject to the approval of the Contractor; Purchase Orders may be cancelled only by obtaining approval from the Contractor. Please note that most furniture items are considered custom orders and cancellation may not be an option. If the Contractor approves an item for return,the item may be subject to a re-stocking fee,plus freight charges. 5.13 Changes to Invoices. Changes to Invoices may be allowed if agreed upon by the Customer, in writing. Additional funds may not be available for orders funded by Legislative appropriation, public grants, or developed through an official request for quote or bid process. Payment revisions may also be subject to the Customer's internal payment adjustment percentages or policies. A responsible effort should be made by the Customer to accommodate typographical or minor errors, but the ultimate responsibility for accuracy is with the Contractor and the Customer shall not be liable for circumstances beyond their control. 5.14 Purchasing Card Program The State of Florida has implemented a purchasing card program,using the Visa platform. Vendors may receive payment from state agencies by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory but is not the exclusive method of payment. Administrative fees shall not be charged to the Customer. 33 5.15 Servicing Dealers Respondent shall name a minimum of two(2) Servicing Dealers or service representatives for the Contract. Respondents are encouraged to utilize Certified Minority Business Enterprise(CMBE)dealers. Respondent shall identify any CMBE dealers on the Servicing Dealer Form(see Section 6).Each dealer or representative named will be responsible for product delivery and installation,as well as providing assistance to Eligible Customers. If Servicing Dealers will be receiving orders on behalf of the Contractor,they are required to register in MyFloridaMarketPlace, and registration confirmation shall be noted on the Servicing Dealer Form. The Respondent's listing of Servicing Dealers or service representatives shall be submitted on the Servicing Dealer Form within the MyFloridaMarketPlace Sourcing Tool. 5.16 Conformance to Codes The installing agent shall be responsible for verifying furniture space plan/configuration fits the given space and that all aisles, openings, and doors meet local fire and safety codes and are in conformance with ADA regulations. Also,upon the request of the Department or Eligible Customer,the Contractor shall be responsible for providing written verification of their product's conformance to current fire and flammability codes,as regulated by the State of Florida. 5.17 Contract Service Requirements. Requests by State Agencies and Eligible Users for Product Literature,Price Lists, and Specifications must be provided within five (5) working days after receipt of written request, at no charge to Eligible Users. The Department reserves the right to review and approve all Product Literature, Price Lists, and promotional materials before distribution to State Agencies and Eligible Customers. 5.18 Delays and Complaints Delivery delays and service complaints will be monitored on a continual basis. Documented inability to perform under the conditions of the contract may result in default proceedings and/or termination. 5.19 Ethical Business Practices Contractor and servicing dealer partners shall work in partnership with the State to ensure a successful and valuable contract. Ethical practices are required of State employees,contractors,and all parties representing the contractor. All work performed under this contract will be subject to review by the Inspector General of the State of Florida,and any findings suggesting unethical business practices may be cause for termination. Reference General Contract Conditions,PUR 1000,Lobbying and Integrity, paragraph 18 for additional requirements. 5.20 Sales Requirements Sales will be reviewed on a quarterly basis. Should no sales be recorded in two consecutive contract quarters,the contract supplier may be placed in probationary status and may be subject to termination for convenience. 5.21 Reporting Requirements In addition to monthly transaction fee reports,the Department reserves the right to require detailed sales reports upon request. Additional information required may include sales reported by Eligible Customer, by product type,by item number, etc. Reference General Contract Conditions,PUR 1000, Transaction Fee,paragraph 14 for monthly reporting requirements. 34 5.22 Contract Revisions. Revisions to product,pricing,terms,or presented materials must be approved by the Department prior to advertisement or implementation. Requests for revision shall be submitted in writing to the Contract Administrator for review and approval. See Section 5.8,Price Adjustments, for more information. 5.23 New Products New products may be considered for addition to the contract. All requests for review shall be made in writing and shall include product literature and pricing(CD format). New products may not be marketed as approved products prior to written approval from the Contract Administrator. 5.24 References Respondent shall present a minimum of three(3)projects sold to Eligible Customers(defined in Section 5.1)completed in the previous 24 months. See References Form, Section 6.0. Purchase orders or invoices related to each reference shall also be submitted for review. Submitted purchase orders or invoices shall clearly reference the Eligible Customer and shall clearly list the manufacturer's product. The References Form shall be submitted within the MyFloridaMarketPlace Sourcing Tool. Purchase order or invoice copies shall be submitted in hard copy by the solicitation submission deadline. Failure to comply with this requirement will result in disqualification of Bidder's response.. 5.25 Contractor State Contract Web Page. This Contract shall be available for review via MyFlorida.com. Within 30 days following notice of contract award, Contractors are required to present a dedicated State Contract Web Page to contain all information listed below: • Price Sheet(see Section 6) • Ordering Instructions(see Section 6) • Servicing Dealers(see Section 6) • Approved Contract pricing(in Word,Excel,or PDF format) • Environmental &Recycled Content Information,as addressed in Section 5.28. The Department shall link the Contractor's web page to the Contract site on MyFlorida.com. Contractor shall maintain this dedicated State Contract Web Page for the life of the Contract. Additional mandates include: • If unauthorized information is discovered on the State Contract Web Page, the Contractor's link may be immediately disconnected and the Contractor shall be liable for any incorrect or unauthorized purchases. • Access to the Contractor's State Contract Web Page, or to links or documents on that Web Page, shall not require a password. • Contractor's State Contract Web Page shall be compatible with the current version of browser software used by State Purchasing. • Barring unexpected technological interruptions or forces of nature, frequent or consistent web page inaccessibility may be grounds for contract termination. • Additional links to the Contractor's home page, product literature, or other pertinent information may be included on the State Contract Web Page. 5.26 MyFloridaMarketPlace(MFMP)Electronic Catalog Requirement Within 30 days following notice of award, Contractors shall provide a completed data template that contains necessary information to enable your electronic catalog in MyFloridaMarketPlace(MFMP). This format is generally Microsoft Excel. Necessary information may include,but is not limited to, 35 Contractor name, SKU, brand/manufacturer,product name and brief description,unit of measure, and price. Contractor shall provide this information in the format required by the MyFloridaMarketPlace third-party Service Provider. No costs or expenses associated with providing this information shall be charged to the Department,Customers, or Service Provider. 5.27 State Objectives (rev.07/28/04). Respondent is noticed that within thirty(30)calendar days following award of the contract,the Contractor shall submit plans addressing each of the State's five (5) objectives listed below, to the extent applicable to the items/services covered by this solicitation. 1) One Florida Initiative: Florida is a state rich in its diversity. Governor Bush's One Florida Initiative is dedicated to fostering the continued development and economic growth of small and minority and women-owned businesses. Central to this initiative is the participation of a diverse group of vendors doing business with the state. To this end,it is vital that minority and women-owned business enterprises participate in the State's procurement process as both prime contractors and subcontractors under prime contracts. Small and minority and women-owned businesses are strongly encouraged to submit replies to this solicitation. To track the success of the One Florida Initiative,which has achieved substantial gains in extending opportunity to minority- and women-owned businesses, the State of Florida maintains data to establish benchmarks from which to measure supplier diversity in State contracting. Vendors who contract with the state are obligated to provide information related to the use of minority- and women-owned businesses and subcontractors. The Contractor shall submit documentation addressing the Governor's One Florida Initiative and describing the efforts being made to encourage the participation of small and minority and women- owned businesses. Please refer to the Governor's"Equity in Contracting Plan"when preparing this documentation: http://www.oneflorida.orgh nyflorida/goveinment/governorinitiatives/one florida/equity contractin �.html Equity in Contracting documentation should identify any participation by diverse contractors and suppliers as prime contractors, sub-contractors, vendors, resellers, distributors, or such other participation as the parties may agree. Equity in Contracting documentation shall include the timely reporting of spending with certified and other minority business enterprises. Such reports must be submitted at least quarterly and include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this contract. 2) Environmental Considerations: The State supports and encourages initiatives to protect and preserve our environment. The Contractor shall submit as part of any proposal the Contractor's plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Contractor shall also provide a plan for reducing and or handling of any hazardous waste generated by Respondent company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number 36 shall be submitted as part of Respondent's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste. 3) Certification of Drug-Free Workplace Program: The State supports and encourages initiatives to keep the workplaces of Florida's suppliers and contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie proposals are received, preference shall be given to a proposal received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, Respondent shall certify that the Respondent has a drug-free workplace program. The Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of bid. 4)Products Available from the Blind or Other Handicapped(RESPECT): The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm,or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. The Contractor shall describe how it will address the use of RESPECT in offering the items of bid. 5)Prison Rehabilitative Industries and Diversified Enterprises,Inc. (PRIDE): The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. The Contractor shall describe how it will address the use of PRIDE in offering the items of bid. 5.28 Environmental&Recycled Content Requirements The State of Florida,as outlined in Florida Statutes 287.045, is committed to reducing waste and promoting energy conservation. To that effort,Respondents are required to meet minimum recycled content standards AND to submit information relating to their company's environmental policy and implementation process. Respondent shall submit a detailed environmental policy. This policy should explain the Respondent's environmental mission and shall include detailed information on initiatives or procedures related to the realization of the environmental mission, for example: • Pollution prevention opportunities • Energy conservation • Water conservation 37 • Green House Gas(GHG)reductions • Disposal of solid and/or hazardous waste • Recycling of scrap • Health and safety issues • Community involvement If applicable,Respondent shall also submit any prepared and/or approved documentation in relation to the BIFMA Sustainability Guidelines,ISO 14001,and EPA Comprehensive Procurement Guidelines. Respondent shall identify all product lines(or products)including recycled content and/or post consumer recycled content. Respondent shall confirm that all corrugated cardboard materials and containers used in the packaging and transport of office furniture products will be made with a minimum of 35%recycled material(post- consumer and/or post-industrial)and meets standard performance requirements. Verification of the recycled material content shall be confirmed in writing by the product supplier or through documented specifications from the product supplier,and shall be submitted in CD format no later than the opening date and time. Solicitation responses not including the detailed Environmental Policy and verification of recycled content in packaging and transport materials may be rejected. Contractor shall provide a link to their Environmental Policy and any additional industry documentation on the State Contract Web Page as described in Section 5.25. DEFINITIONS: Environmental Policy or Mission: Is a statement by the organization of its intentions and principles in relation to its overall environmental performance,which provides a framework for action and for the setting of its environmental objectives and targets. Greenhouse Gas Emissions: Emissions of gases related to human activities that accelerate the "greenhouse effect." The term"greenhouse effect"describes the natural heat-trapping qualities of trace gases in the Earth's atmosphere. Post-Consumer Content: Materials in a recycled product which are derived from businesses or consumers after having served their intended uses, and which have been separated or diverted from solid waste for the purpose of collection,recycling and disposition. Post-Industrial Content: Materials generated by manufacturers or product converters,such as trimmings, overruns and obsolete products,that are incorporating back into the manufacturing process of the same or a different products are considered post-industrial materials or scraps. 5.29 Insurance INSURANCE,WORKER'S COMPENSATION: The contractor shall take out and maintain during the life of this agreement,Worker's Compensation Insurance for all of his employees connected with the work of this project and,in case any work is sublet, the contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the 38 contractor. Such insurance shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workmen's Compensation statute,the Contractor shall provide,and cause each sub-contractor to provide, adequate insurance, satisfactory to the Purchaser,for the protection of his employees not otherwise protected. INSURANCE, CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE The contractor shall take out and maintain during the life of this agreement COMPREHENSIVE GENERAL LIABILITY AND COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE as shall protect him from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this agreement whether such operations are by himself or by anyone directly or indirectly employed by him,and the amount of such insurance shall be the minimum limits as follows: A. CONTRACTOR'S COMPREHENSIVE GENERAL $300,000.00 LIABILITY COVERAGES,BODILY INJURY Each Occurrence, &PROPERTY DAMAGE Combined Single Limit B. AUTOMOBILE LIABILITY $100,000.00 COVERAGES,BODILY INJURY Each Occurrence, &PROPERTY DAMAGE Combined Single Limit Insuring clause for both BODILY INJURY and PROPERTY DAMAGE shall be amended to provide coverage on an OCCURRENCE BASIS. 5.30 Contractor Additions The addition of manufacturers will not be considered until the time of the contract anniversary date of one year; and after that date, as determined by the Department to be in the best interest of the State. Requests for addition to contract shall include the following,and will not be reviewed until all information has been submitted to the Contract Administrator: • Completed solicitation documents,required forms,and technical documentation. • Completed State Contract Web Site. • Proof of registration in MyFloridaMarketPlace. • Three letters from Eligible Customers supporting Manufacturer's addition to contract. Referenced solicitation documents will be available for download on the Department's web site, http://dms.mvflorida.com/,specifically within the web site for the resulting State Term Contract for Educational/Institutional Furniture. Review for addition to contract will also include scope compatibility,product representation on the existing contract,and established evaluation criteria. Submittal of a request for addition and/or completed documents does not imply immediate or eventual award,nor does it imply any obligation on the Department to make an award. 39 6.0 FORMS CONTENTS: Bid Preparation Checklist Product List Price Sheet Ordering Instructions Servicing Dealers Form References Savings/Price Reductions Form(PUR 7064) Certification of Drug Free Workplace Program(PUR 7009) Contract Form 40 BID PREPARATION CHECKLIST The Bid Preparation Checklist is a guide to assist the Respondent in verifying the completeness of their Bid. The Bid Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. Check off each of the following as you comply: The Respondent has fulfilled all Sales Summary, Usage Fee, and Transaction Fee reporting and payment requirements as specified in the terms and conditions of all agreements with State of Florida agencies. Downloaded and Read entire solicitation,including all attachments and forms. If necessary, reviewed the MyFloridaMarketPlace Sourcing Tool Online Training Guide and / or received assistance from the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO(866-352-3776)or vendorhelp(almyfloridamarketplace.com. Viewed answers to submitted questions as posted in addendum to solicitation on the MyFloridaMarketPlace Sourcing Tool. Uploaded required attachments to the MyFloridaMarketPlace Sourcing Tool. Product List Price Sheet Ordering Instructions Servicing Dealer Form Savings/Price Reductions Form References Form Saved and submitted Bid in the MyFloridaMarketPlace Sourcing Tool. Mailed or delivered all required documentation to the attention of the Contact Person listed in section 1.2,to be received no later than the opening date and time. Price List and Product Literature(on CD) Purchase order or invoice copies(see Section 5.24) Environmental Policy&Packaging Recycled Content Verification Contract Form(signed original) Outer packaging shall clearly state Bid Title, Solicitation Number, and Bid Opening Date and Time! 41 PRODUCT LIST Please identify each type of product your company offers for this solicitation. This list will be used to compile an on-line reference guide for state contract customers. Failure to submit this completed form with your response may be grounds for rejection of your response. DORMITORY FURNITURE: Beds,Tables, Storage _Lounge Furniture __Desks, Chairs HEALTHCARE FURNITURE: _Patient Room Furniture _Waiting Room Furniture _Nurses Station Desks& Seating CLASSROOM FURNITURE: _Student/Teacher Desks& Seating Lab Furniture(Fume Hoods,Tables, Storage) _Computer Furniture _Storage,Bookcases CAFETERIA&DINING FURNITURE: Booths _Tables, Chairs, Stools Cabinets INSTITUTIONAL FURNITURE: Lockers _Auditorium Seating Multiple Seating Units(including Fixed or Ganged Seating) Lobby,Lounge Furniture _Stages,Risers _Folding Tables&Chairs Display Cabinets OUTDOOR FURNITURE: Tables, Chairs Benches 42 PRICE SHEET (This form may be duplicated as necessary.) MANUFACTURER'S BRAND NAME: PRICE LIST NAME/NUMBER/DATE: FIXED DISCOUNT FROM LIST PRICES/GSA DISCOUNT: ADDITIONAL QUANTITY DISCOUNTS: List additional discounts applicable to any single order of any combination of awarded contract items, to be delivered at one time to one destination. Additional discount tiers may be included in this form. DISCOUNT% CONTRACT PURCHASE PRICE QUICK SHIP PROGRAMS ARE AVAILABLE FOR: List any series/products available on quick ship. INSTALLATION: Charges may be listed as cost per item, %of net cost of items, or negotiable per project. SPACE PLANNING COSTS: Costs may be listed as cost per hour,or negotiable per project. SHIPPING/DELIVERY COSTS: If there are additional costs not already listed in the discounted price,please detail those below. 43 ORDERING INSTRUCTIONS RESPONDENT: Federal ID Number: Ordering Information: Please provide the following information about where Customers should direct orders. You must provide a regular mailing address and email address. If equipped to receive purchase orders electronically,you may also provide an Internet address. NOTE: Duplicate as necessary for multiple ordering locations. Name: Title: Street Address or P.O. Box: City, State,Zip: Email Address: Phone Number: Toll Free Number: Ordering Fax Number: Internet Address: Federal ID Number: Remit Address: City, State,Zip: Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: If the person responsible for answering questions about the bid is different from the person identified above,please provide the same information for that person. Name: Title: E-mail Address: Phone Number(s): Fax Number: 44 Please identify the person who will be responsible for maintaining the dedicated web site AND the electronic catalog information through MyFloridaMarketPlace. Name: Title: Street Address: E-mail Address: Phone Number(s): Fax Number: Please be advised that vendors are responsible for verifying and maintaining the correct contact and address information within their MyFloridaMarketPlace vendor registration account. Failure to do so may result in the vendor being deemed ineligible to conduct business with the State of Florida. 45 Authorized Servicing Dealer&Representatives Form Servicing Dealers Per the requirements listed in the Special Contract Conditions, section 5.15, please list below all authorized servicing dealers that will be providing service/product by participating on your State Contract.* Please note that any dealer receiving orders on this contract must be registered in MyFloridaMarketPlace. The following information must be completed in its entirety for each dealer: Dealer Name: Dealer Address: City, State,Zip Code: Office Phone/Fax: Email Address: Contact Person: Vendor Tax ID Number: *Please identify any CMBE(Certified Minority Business Enterprise)dealers participating in this contract. Manufacturer Representation Please list below all field representatives (directly employed by the manufacturer) that will be participating on your State Contract team. Manufacturer's representative: Position title: Address: Office phone/fax: Cell phone/pager: Email address: Geographic area of territory: (This form may be duplicated as necessary.) 46 REFERENCES Please identify below three(3)Eligible Customers who have purchased furniture from Respondent in the last 24 months. This completed form must be submitted in the Sourcing Tool in MyFloridaMarketPlace. Reference solicitation section 5.24 References, for additional requirements. Failure to supply required documentation may result in the rejection of your response. Reference#1: Agency or Institution: Contact Name: Address: City, State,Zip: Telephone Number: Email address(if available): Date project completed: Reference#2: Agency or Institution: Contact Name: Address: City, State,Zip: Telephone Number: Email address (if available): Date project completed: Reference#3: Agency or Institution: Contact Name: Address: City, State,Zip: Telephone Number: Email address(if available): Date project completed: 47 CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM(PUR 7009) Section 287.087 of the Florida Statutes provides that, where identical tie bids are received, preference shall be given to a bid received from a bidder that certifies it has implemented a drug-free workforce program. Please sign below and return this form to certify that your business has a drug-free workplace program. 1) 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. 2) Inform 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) 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), notify the employees, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 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) 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 by any employee who is so convicted. 6) Make 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. False statements are punishable at law. RESPONDENT: By: Authorized Signature Print Name and Title 48 SAVINGS/PRICE REDUCTIONS Invitation to Bid/Request for ProposaUlnvitation to Negotiate/SPA No. Bidder/Respondent is required to furnish the percent(%) savings in prices offered compared to retail, list, published or other usual and customary prices that would be paid by the purchaser without benefit of a contract resulting from this bid. DATE COMPETITIVE PRICES OFFERED AVERAGE %SAVINGS. HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices published at[url], or other source of benchmark prices)? AUTHORIZED SIGNATURE: TELEPHONE NUMBER: BIDDER/RESPONDENT NAME: IF CONTRACT AWARDED, STATE PURCHASING ANALYST/SPECIALIST TOOK THE FOLLOWING STEPS TO VERIFY SAVINGS: WHAT WERE THE RESULTS? PURCHASING ANALYST/SPECIALIST: PUR 7064(Rev 2/04) 49 • CONTRACT This Contract, effective the last date signed below, is by and between the State of Florida, Department of Management Services ("Department"), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the entity identified below as Contractor ("Contractor"). The Contractor responded to the Department's Invitation to Bid No. 07-420-420-M Educational/Institutional Furniture. The Department has determined to accept the Contractor's bid and to enter into this Contract in accordance with the terms and conditions of the solicitation. Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract, which is a state term contract authorized by section 287.042(2)(a)of the Florida Statutes (2001). The term of the Contract is 48 months from the effective date. The Contract consists of the following documents, which, in case of conflict, shall have priority in the order listed,and which are hereby incorporated as if fully set forth: • Any written amendments to the Contract • This document • Special Conditions • Special Instructions • General Instruction to Respondents(PUR 1001) • General Contract Conditions(PUR 1000) • Any Purchase Order under the Contract • Contractor's bid State of Florida, Date Department of Management Services By: Linda H. South, Secretary Contractor Name: Street Address or P.O. Box: City, State,Zip: By: Date Its: 50